[Congressional Record Volume 157, Number 10 (Tuesday, January 25, 2011)]
[Senate]
[Pages S128-S241]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. REID (for himself, Mr. Durbin, Mr. Brown of Ohio, Mrs. 
        Gillibrand, Mr. Coons, Mrs. Boxer, Mr. lautenberg, Mr. Begich, 
        Mrs. Shaheen, and Mr. Akaka):
  S. 1. A bill to strengthen the economic competitiveness of the United 
States; to the Committee on Finance.
  Mr. REID. 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. 1

       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 ``American Competitiveness 
     Act''.

     SEC. 2. SENSE OF THE SENATE.

       It is the sense of the Senate that Congress should--
       (1) eliminate tax loopholes that encourage companies to 
     ship American jobs overseas;
       (2) expand markets for United States exports by enforcing 
     trade laws, stopping unfair currency manipulation, and 
     opening up new markets for products made in the United 
     States;
       (3) promote the development of new, innovative products 
     bearing the inscription ``Made in America'' by creating tax 
     incentives to support United States industries and funding 
     research and education programs to support and train workers 
     in those newly developed areas;
       (4) modernize and improve the highways, bridges, and 
     transit systems of the United States to reduce congestion and 
     the negative impacts of congestion on productivity and the 
     communities of the United States;
       (5) modernize and upgrade the rail, levees, dams, and ports 
     of the United States to get commerce flowing farther and 
     faster;
       (6) place computers in classrooms to ensure that all 
     children in the United States have the tools they need to be 
     the innovators of tomorrow;
       (7) ensure that small businesses and households in the 
     United States have access to high-speed broadband;
       (8) invest in critical new infrastructure, such as a 
     national energy grid, to reduce energy waste and promote the 
     use of renewable energy sources; and
       (9) streamline regulatory policies that unnecessarily put 
     the United States at a competitive disadvantage.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Durbin, Mrs. Feinstein, Mr. Brown 
        of Ohio, Mr. Kerry, Mrs. Gillibrand, Mrs. Boxer, Mr. 
        Lautenberg, and Mr. Akaka):
  S. 2. A bill to help middle class families succeed; to the Committee 
on Finance.
  Mr. REID. 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. 2

       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 ``Middle Class Success Act''.

     SEC. 2. SENSE OF THE SENATE.

       It is the sense of the Senate that Congress should--
       (1) support middle class tax relief;
       (2) help families afford the cost of college and improve 
     opportunities for a secure retirement;
       (3) invest in infrastructure and other measures to create 
     good, well-paying jobs;
       (4) help ensure that families have access to affordable 
     child and elder care;
       (5) preserve and improve affordable health care;
       (6) ensure that all workers earn enough to meet basic 
     living standards and do not live in poverty;
       (7) ensure that tax dollars do not support companies that 
     break the law or mistreat their workers;
       (8) keep Social Security's promise and block proposals to 
     privatize the program;
       (9) ensure that families have access to a healthy and clean 
     environment, including access to safe drinking water;
       (10) ensure that workers can secure representation without 
     employer obstruction;
       (11) ensure that our streets and communities are safe; and
       (12) address the serious housing problems facing many 
     American families.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Durbin, Mrs. Feinstein, Mr. Brown 
        of Ohio, Mr. Kerry, Mr. Bennet, Mrs. Gillibrand, Mr. Coons, 
        Mrs. Boxer, and Mrs. Shaheen):
  S. 3. A bill to promote fiscal responsibility and control spending; 
to the Committee on Finance.
  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. 3

       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 ``Fiscal Responsibility and 
     Spending Control Act''.

     SEC. 2. SENSE OF THE SENATE.

       It is the sense of the Senate that Congress should--
       (1) address the growing public concern about our rising 
     national debt and long-term fiscal challenges through a 
     bipartisan agreement that--
       (A) significantly corrects our Nation's long-term fiscal 
     imbalances and closes the gap between projected revenues and 
     expenditures;
       (B) ensures the economic security of the United States; and
       (C) enhances future prosperity and growth for all 
     Americans;
       (2) reduce the Federal deficit and stabilize the national 
     debt without damaging the economic recovery;
       (3) consider deficit reduction proposals recently developed 
     by leading budget experts, including various members of the 
     National Commission on Fiscal Responsibility and Reform, and 
     establish a plan that can attract broad bipartisan support;
       (4) ensure that any plan to address our Nation's long-term 
     fiscal problems is balanced and provides fundamental reform 
     of the Federal tax code along with prudent controls on 
     spending;
       (5) lower tax rates and raise Federal revenues by 
     eliminating tax expenditures that only serve special 
     interests, as well as take aggressive measures to close the 
     tax gap and stop cheating;
       (6) ensure that the Federal tax code fairly distributes the 
     tax burden and helps American businesses compete in the 
     global marketplace;
       (7) extend the solvency of Social Security for its own sake 
     and ensure that no savings are used to meet deficit reduction 
     goals in the remainder of the budget;
       (8) achieve savings through the elimination or 
     consolidation of duplicative Federal programs and activities 
     while also modernizing Federal procurement practices in order 
     to reduce waste and leverage better value out of every dollar 
     spent by the Federal Government; and
       (9) reject efforts to exempt tax breaks for millionaires 
     and special interests from strong pay-as-you-go budgetary 
     rules.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Bingaman, Mr. Brown of Ohio, Mr. 
        Durbin, Mr. Kerry, Mr. Bennet, Mrs. Gillibrand, Mr. Coons, Mrs. 
        Boxer, Mr. Lautenberg, Mrs. Shaheen, and Mr. Akaka):
  S. 4. A bill to make America the world's leader in clean energy; to 
the Committee on Finance.
  Mr. REID. 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. 4

       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 ``Make America the World's 
     Leader in Clean Energy Act''.

     SEC. 2. SENSE OF THE SENATE.

       It is the sense of the Senate that Congress should--
       (1) promote investment in clean energy jobs and industries;
       (2) free the United States from dependence on oil, 
     especially foreign oil;
       (3) reduce costs and pollution by promoting energy 
     efficiency;
       (4) promote clean energy by retooling the infrastructure 
     and workforce of the United States;
       (5) ensure the Federal Government is a leader in reducing 
     pollution, promoting the use of clean energy sources, and 
     implementing energy efficient practices;
       (6) reduce harmful energy-related air, land, and water 
     pollution; and
       (7) eliminate wasteful tax subsidies that promote 
     pollution.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Durbin, Mr. Wyden, Mr. Brown of 
        Ohio, Mr. Bennet, Mrs.

[[Page S129]]

        Gillibrand, Mr. Coons, Mr. Inouye, Mrs. Boxer, Mr. Lautenberg, 
        Mr. Begich, Mrs. Shaheen, and Mr. Akaka):
  S. 5. A bill to reform schools and give America's children the tools 
they need to succeed; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. REID. 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. 5

       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 ``Reform America's Schools to 
     Educate the Leaders of the Future Act''.

     SEC. 2. SENSE OF THE SENATE.

       It is the sense of the Senate that Congress should--
       (1) ensure that all students have equitable access to a 
     high-quality, well-rounded education that prepares them to 
     succeed in college and a career;
       (2) fix No Child Left Behind's accountability system while 
     continuing to focus on the success of all students;
       (3) provide States and districts the resources to turn 
     around our lowest performing schools;
       (4) collaborate with teachers to put in place systems to 
     measure teacher quality and supports to help teachers improve 
     student achievement; and
       (5) promote programs that encourage parent engagement, 
     community involvement, and youth development.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Durbin, Mr. Leahy, Mrs. Feinstein, 
        Mr. Brown of Ohio, Mr. Kerry, Mr. Bennet, Mrs. Gillibrand, Mrs. 
        Boxer, and Mr. Lautenberg):
  S. 6. A bill to reform America's broken immigration system; to the 
Committee on the Judiciary.
  Mr. REID. 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. 6

       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 ``Reform America's Broken 
     Immigration System Act''.

     SEC. 2. SENSE OF THE SENATE.

       It is the sense of the Senate that Congress should--
       (1) fulfill and strengthen our Nation's commitments 
     regarding border security;
       (2) pass legislation to support our national and economic 
     security, such as the DREAM Act, which would allow students 
     who came to America before turning 16 to earn citizenship by 
     attending college or joining the armed forces, and AgJobs, 
     which would help to ensure a stable and legal agricultural 
     workforce and protect the sustainability of the American 
     agricultural industry;
       (3) implement a rational legal immigration system to ensure 
     that the best and brightest minds of the world can come to 
     the United States and create jobs for Americans while, at the 
     same time, safeguarding the rights and wages of American 
     workers;
       (4) require all United States workers to obtain secure, 
     tamper-proof identification to prevent employers from hiring 
     people here illegally, and toughen penalties on employers who 
     break labor and immigration laws;
       (5) hold people accountable who are currently here 
     illegally by requiring them to either earn legal status 
     through a series of penalties, sanctions, and requirements, 
     or face immediate deportation; and
       (6) adopt practical and fair immigration reforms to help 
     ensure that families are able to be together.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Durbin, Mr. Brown of Ohio, Mrs. 
        Gillibrand, Mrs. Boxer, and Mr. Lautenberg):
  S. 7. A bill to reform the Federal tax code; to the Committee on 
Finance.
  Mr. REID. 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. 7

       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 ``Comprehensive and Fair Tax 
     Reform Act''.

     SEC. 2. SENSE OF THE SENATE.

       It is the sense of the Senate that Congress should--
       (1) simplify and shrink the tax code to reduce burdens on 
     taxpayers and businesses;
       (2) eliminate wasteful tax breaks for special interests and 
     remove corporate tax loopholes;
       (3) get rid of extra tax breaks for millionaires and 
     billionaires; and
       (4) crack down on cheaters and close the tax gap.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Durbin, Mr. Brown of Ohio, Mr. 
        Bennet, Mrs. Gillibrand, Mr. Coons, Mrs. Boxer, Mr. Lautenberg, 
        Mr. Begich, and Mr. Akaka):
  S. 8. A bill to strengthen America's national security; to the 
Committee on Foriegn Relations.
  Mr. REID. 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. 8

       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 ``Tough and Smart National 
     Security Act''.

     SEC. 2. SENSE OF THE SENATE.

       It is the sense of the Senate that Congress should--
       (1) ensure that members of the Armed Forces, particularly 
     those serving in Afghanistan and Iraq, and veterans get the 
     support they need and deserve;
       (2) work with the President to attack al Qaeda and other 
     terrorist groups with a comprehensive military, intelligence, 
     homeland security, law enforcement, and diplomatic strategy;
       (3) confront the nuclear threat from Iran and North Korea;
       (4) enhance the tools of the United States Government for 
     pursuing key national security interests, including fighting 
     terrorism, preventing failed states, thwarting global 
     pandemics, promoting democracy and development, securing 
     nuclear materials and preventing nuclear proliferation, and 
     combating narco-trafficking and drug-related violence around 
     the world, including along our border with Mexico; and
       (5) reform cybersecurity policy to prevent cyber attacks on 
     the United States Government and critical infrastructure, 
     protect privacy and civil liberties, and implement mechanisms 
     necessary to avert and respond to catastrophic cyber 
     incidents.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Durbin, Mr. Wyden, Mr. Brown of 
        Ohio, Mr. Kerry, Mr. Bennet, Mrs. Gillibrand, Mrs. Boxer, Mr. 
        Lautenberg, Mr. Begich, and Mr. Akaka):
  S. 9. A bill to reform America's political system and eliminate 
gridlock that blocks progress; to the Committee on Rules and 
Administration.
  Mr. REID. 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. 9

       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 ``Political Reform and 
     Gridlock Elimination Act''.

     SEC. 2. SENSE OF THE SENATE.

       It is the sense of the Senate that Congress should--
       (1) pass the DISCLOSE Act to prevent a corporate takeover 
     of our elections and ensure that our democracy is open, 
     transparent, and controlled by the people; and
       (2) reform Senate rules and procedures to reduce excessive 
     obstruction and delay, while protecting the legitimate rights 
     of individual Senators and the minority.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Durbin, Mr. Brown of Ohio, Mr. 
        Kerry, Mrs. Gillibrand, Mrs. Boxer, Mr. Lautenberg, Mr. Begich, 
        and Mr. Akaka):
  S. 10. A bill to ensure equity for women and address rising pressures 
on American families; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. REID. 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. 10

       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 ``Family Economic Success 
     Act''.

     SEC. 2. SENSE OF THE SENATE.

       It is the sense of the Senate that Congress should--
       (1) guarantee pay equity for women;
       (2) reward companies that promote flexible work 
     environments for working parents with children, and workers 
     who are caregivers;

[[Page S130]]

       (3) guarantee paid family and medical leave and paid sick 
     days; and
       (4) improve the quality and affordability of child care.
                                 ______
                                 
      By Mrs. HUTCHISON (for herself, Mr. Vitter, Mr. Ensign, Mr. 
        Johanns, and Mr. Cornyn):
  S. 11. A bill to provide permanent tax relief from the marriage 
penalty; to the Committee on Finance.
  Mrs. HUTCHISON. Mr. President, I am pleased to introduce a bill to 
provide permanent tax relief from the marriage penalty--the most 
egregious, anti-family provision in the tax code. One of my highest 
priorities in the United States Senate has been to relieve American 
taxpayers of this punitive burden.
  We have made important strides to eliminate this unfair tax and 
provide marriage penalty relief by raising the standard deduction and 
enlarging the 15 percent tax bracket for married joint filers to twice 
that of single filers. Before these provisions were changed, 42 percent 
of married couples paid an average penalty of $1,400.
  Enacting marriage penalty relief was a giant step for tax fairness, 
but it may be fleeting. Even as married couples use the money they now 
save to put food on the table and clothes on their children, a tax 
increase looms in the future. While I am pleased that relief from the 
marriage penalty was included in the recent agreement to extend the 
broader tax relief for all Americans, the marriage penalty provisions 
will only be in effect through 2012. In 2013, marriage will again be a 
taxable event and a significant number of married couples will again 
pay more in taxes unless we act decisively. Given the challenges many 
families face in making ends meet, we must make sure we do not 
backtrack on this important reform.
  The benefits of marriage are well established, yet, without marriage 
penalty relief, the tax code provides a significant disincentive for 
people to walk down the aisle. Marriage is a fundamental institution in 
our society and should not be discouraged by the IRS. Children living 
in a married household are far less likely to live in poverty or to 
suffer from child abuse. Research indicates these children are also 
less likely to be depressed or have developmental problems. Scourges 
such as adolescent drug use are less common in married families, and 
married mothers are less likely to be victims of domestic violence.
  We should celebrate marriage, not penalize it. The bill I am offering 
would make marriage penalty relief permanent, because marriage should 
not be a taxable event. I welcome and appreciate the support of 
Senators Ensign, Johanns, Cornyn, and Vitter, who have signed on as 
cosponsors, and I call on the Senate to finish the job we started and 
make marriage penalty relief permanent today.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 11

       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 ``Permanent Marriage Penalty 
     Relief Act of 2011''.

     SEC. 2. REPEAL OF SUNSET ON MARRIAGE PENALTY RELIEF.

       Title IX of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 (relating to sunset of provisions 
     of such Act) shall not apply to sections 301, 302, and 303(a) 
     of such Act (relating to marriage penalty relief).
                                 ______
                                 
      By Mr. REID (for himself, Mrs. Feinstein, Mr. Kerry, Mr. Leahy, 
        Mr. Levin, Mr. Lieberman, Mr. Rockefeller, and Mr. Bingaman):
  S. 21. A bill to secure the United States against cyber attack, to 
enhance American competetiveness and create jobs in the information 
technology industry, and to protect the identities and sensitive 
information of American citizens and businesses; to the Committee on 
Homeland Security and Governmental Affairs.
  Mr. REID. 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. 21

       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 ``Cyber Security and American 
     Cyber Competitiveness Act of 2011''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Malicious state, terrorist, and criminal actors 
     exploiting vulnerabilities in information and communications 
     networks and gaps in cyber security pose one of the most 
     serious and rapidly growing threats to both the national 
     security and economy of the United States.
       (2) With information technology now the backbone of the 
     United States economy, a critical element of United States 
     national security infrastructure and defense systems, the 
     primary foundation of global communications, and a key 
     enabler of most critical infrastructure, nearly every single 
     American citizen is touched by cyberspace and is threatened 
     by cyber attacks.
       (3) Malicious actors in cyberspace have already caused 
     significant damage to the United States Government, the 
     United States economy, and United States citizens: United 
     States Government computer networks are probed millions of 
     times each day; approximately 9,000,000 Americans have their 
     identities stolen each year; cyber crime costs American 
     businesses with 500 or more employees an average of 
     $3,800,000 per year; and intellectual property worth over 
     $1,000,000,000,000 has already been stolen from American 
     businesses.
       (4) In its 2009 Cyberspace Policy Review, the White House 
     concluded, ``Ensuring that cyberspace is sufficiently 
     resilient and trustworthy to support United States goals of 
     economic growth, civil liberties and privacy protections, 
     national security, and the continued advancement of 
     democratic institutions requires making cybersecurity a 
     national priority.''
       (5) An effective solution to the tremendous challenges of 
     cyber security demands cooperation and integration of effort 
     across jurisdictions of multiple Federal, State, local, and 
     tribal government agencies, between the government and the 
     private sector, and with international allies, as well as 
     increased public awareness and preparedness among the 
     American people.

     SEC. 3. SENSE OF CONGRESS.

       It is the sense of Congress that Congress should enact, and 
     the President should sign, bipartisan legislation to secure 
     the United States against cyber attack, to enhance American 
     competitiveness and create jobs in the information technology 
     industry, and to protect the identities and sensitive 
     information of American citizens and businesses by--
       (1) enhancing the security and resiliency of United States 
     Government communications and information networks against 
     cyber attack by nation-states, terrorists, and cyber 
     criminals;
       (2) incentivizing the private sector to quantify, assess, 
     and mitigate cyber risks to their communications and 
     information networks;
       (3) promoting investments in the American information 
     technology sector that create and maintain good, well-paying 
     jobs in the United States and help to enhance American 
     economic competitiveness;
       (4) improving the capability of the United States 
     Government to assess cyber risks and prevent, detect, and 
     robustly respond to cyber attacks against the government and 
     the military;
       (5) improving the capability of the United States 
     Government and the private sector to assess cyber risk and 
     prevent, detect, and robustly respond to cyber attacks 
     against United States critical infrastructure;
       (6) preventing and mitigating identity theft and guarding 
     against abuses or breaches of personally identifiable 
     information;
       (7) enhancing United States diplomatic capacity and 
     international cooperation to respond to emerging cyber 
     threats, including promoting security and freedom of access 
     for communications and information networks around the world 
     and battling global cyber crime through focused diplomacy;
       (8) protecting and increasing the resiliency of United 
     States' critical infrastructure and assets, including the 
     electric grid, military assets, the financial sector, and 
     telecommunications networks against cyber attacks and other 
     threats and vulnerabilities;
       (9) expanding tools and resources for investigating and 
     prosecuting cyber crimes in an manner that respects privacy 
     rights and civil liberties and promotes American innovation; 
     and
       (10) maintaining robust protections of the privacy of 
     American citizens and their on-line activities and 
     communications.
                                 ______
                                 
      By Mr. LEAHY (for himself, Mr. Hatch, Mr. Grassley, Ms. 
        Klobuchar, Mr. Sessions, Mr. Kyl, Mr. Lieberman, and Mr. 
        Coons):
  S. 23. A bill to amend title 35, United States Code, to provide for 
patent reform; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, the United States of America has long been 
the world leader in invention and innovation. That leadership has 
propelled our economic growth, but we cannot

[[Page S131]]

remain complacent while expecting to stay on top.
  A Newsweek study last year found that only 41 percent of Americans 
believe that the United States is staying ahead of China on innovation. 
A Thompson Reuters analysis has already predicted that China will 
outpace the United States in patent filings this year. China, in fact, 
has a specific plan not just to overtake the United States this year in 
patent applications, but to more than quadruple its patent filings over 
the next 5 years.
  That is astonishing, until considering that China has been 
modernizing its patent laws and promoting innovation while the United 
States has failed to keep pace. It has now been nearly 60 years since 
Congress last acted to reform American patent law. We can no longer 
wait.
  Today, I am reintroducing bipartisan patent reform legislation that 
is the culmination of three Congresses worth of bipartisan, bicameral 
work, including eight hearings in the Senate alone. The Patent Reform 
Act of 2011 is structured on legislation first introduced in the House 
by Chairman Smith and Mr. Berman in 2005. The legislation will 
accomplish three important goals, which have been at the center of the 
patent reform debate: improve the application process by transitioning 
to a first-inventor-to-file system; improve the quality of patents 
issued by the USPTO by introducing several quality-enhancement 
measures; and provide more certainty in litigation.
  In many areas that were highly contentious when the patent reform 
debate began, the courts have stepped in to act. Their decisions 
reflect the concerns heard in Congress that questionable patents are 
too easily obtained and too difficult to challenge. The courts have 
moved the law in a generally positive direction, more closely aligned 
with the text of the statutes.
  Most recently, the Federal Circuit aggressively moved to constrain 
run-away damage awards, which has plagued the patent system by basing 
awards on unreliable numbers, untethered to the reality of licensing 
decisions. As the court continues to move in the right direction, it is 
more apparent than ever that the gatekeeper compromise on damages we 
have worked to reach with Senator Feinstein and others is what is 
needed to ensure an award of a reasonable royalty is not artificially 
inflated or based on irrelevant factors.
  The courts have addressed issues where they can, but in some areas, 
only Congress can take the necessary steps. The Patent Reform Act will 
both speed the application process and, at the same time, improve 
patent quality. It will provide the USPTO with the resources it needs 
to work through its application backlog, while also providing for 
greater input from third parties to improve the quality of patents 
issued and that remain in effect.
  High quality patents are the key to our economic growth. They benefit 
both patent owners and users, who can be more confident in the validity 
of issued patents. Patents of low quality and dubious validity, by 
contrast, enable patent trolls and constitute a drag on innovation. Too 
many dubious patents also unjustly cast doubt on truly high quality 
patents.
  The Patent Reform Act provides the tools the USPTO needs to separate 
the inventive wheat from the chaff. It will allow our inventors and 
innovators to flourish. The Department of Commerce recently issued a 
report indicating that these reforms will create jobs without adding to 
the deficit. The Obama administration supports these efforts, as do 
industries and stakeholders from all sectors of the patent community. 
Congressional action can no longer be delayed.
  Innovation and economic development are not uniquely Democrat or 
Republican objectives, so we worked together to find the proper balance 
for America--for our economy, for our inventors, for our consumers.
  Thomas Freidman wrote not too long ago in The New York Times that the 
country which ``endows its people with more tools and basic research to 
invent new goods and services [] is the one that will not just survive 
but thrive down the road. . . . We might be able to stimulate our way 
back to stability, but we can only invent our way back to prosperity.''
  Reforming our patent system will stimulate the American economy 
through structural changes, rather than taxpayer dollars. I look 
forward to working with all Senators and our counterparts in the House, 
who have also made this a bipartisan priority, to ensure that this is 
the year we make our patent system reward inventors and provide 
certainty to users.
  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. 23

       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 ``Patent 
     Reform Act of 2011''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. First inventor to file.
Sec. 3. Inventor's oath or declaration.
Sec. 4. Damages.
Sec. 5. Post-grant review proceedings.
Sec. 6. Patent Trial and Appeal Board.
Sec. 7. Preissuance submissions by third parties.
Sec. 8. Venue.
Sec. 9. Fee setting authority.
Sec. 10. Supplemental examination.
Sec. 11. Residency of Federal Circuit judges.
Sec. 12. Micro entity defined.
Sec. 13. Funding agreements.
Sec. 14. Tax strategies deemed within the prior art.
Sec. 15. Best mode requirement.
Sec. 16. Technical amendments.
Sec. 17. Effective date; rule of construction.

     SEC. 2. FIRST INVENTOR TO FILE.

       (a) Definitions.--Section 100 of title 35, United States 
     Code, is amended by adding at the end the following:
       ``(f) The term `inventor' means the individual or, if a 
     joint invention, the individuals collectively who invented or 
     discovered the subject matter of the invention.
       ``(g) The terms `joint inventor' and `coinventor' mean any 
     1 of the individuals who invented or discovered the subject 
     matter of a joint invention.
       ``(h) The term `joint research agreement' means a written 
     contract, grant, or cooperative agreement entered into by 2 
     or more persons or entities for the performance of 
     experimental, developmental, or research work in the field of 
     the claimed invention.
       ``(i)(1) The term `effective filing date' of a claimed 
     invention in a patent or application for patent means--
       ``(A) if subparagraph (B) does not apply, the actual filing 
     date of the patent or the application for the patent 
     containing a claim to the invention; or
       ``(B) the filing date of the earliest application for which 
     the patent or application is entitled, as to such invention, 
     to a right of priority under section 119, 365(a), or 365(b) 
     or to the benefit of an earlier filing date under section 
     120, 121, or 365(c).
       ``(2) The effective filing date for a claimed invention in 
     an application for reissue or reissued patent shall be 
     determined by deeming the claim to the invention to have been 
     contained in the patent for which reissue was sought.
       ``(j) The term `claimed invention' means the subject matter 
     defined by a claim in a patent or an application for a 
     patent.''.
       (b) Conditions for Patentability.--
       (1) In general.--Section 102 of title 35, United States 
     Code, is amended to read as follows:

     ``Sec. 102. Conditions for patentability; novelty

       ``(a) Novelty; Prior Art.--A person shall be entitled to a 
     patent unless--
       ``(1) the claimed invention was patented, described in a 
     printed publication, or in public use, on sale, or otherwise 
     available to the public before the effective filing date of 
     the claimed invention; or
       ``(2) the claimed invention was described in a patent 
     issued under section 151, or in an application for patent 
     published or deemed published under section 122(b), in which 
     the patent or application, as the case may be, names another 
     inventor and was effectively filed before the effective 
     filing date of the claimed invention.
       ``(b) Exceptions.--
       ``(1) Disclosures made 1 year or less before the effective 
     filing date of the claimed invention.--A disclosure made 1 
     year or less before the effective filing date of a claimed 
     invention shall not be prior art to the claimed invention 
     under subsection (a)(1) if--
       ``(A) the disclosure was made by the inventor or joint 
     inventor or by another who obtained the subject matter 
     disclosed directly or indirectly from the inventor or a joint 
     inventor; or
       ``(B) the subject matter disclosed had, before such 
     disclosure, been publicly disclosed by the inventor or a 
     joint inventor or another who obtained the subject matter 
     disclosed directly or indirectly from the inventor or a joint 
     inventor.
       ``(2) Disclosures appearing in applications and patents.--A 
     disclosure shall not be prior art to a claimed invention 
     under subsection (a)(2) if--
       ``(A) the subject matter disclosed was obtained directly or 
     indirectly from the inventor or a joint inventor;
       ``(B) the subject matter disclosed had, before such subject 
     matter was effectively filed

[[Page S132]]

     under subsection (a)(2), been publicly disclosed by the 
     inventor or a joint inventor or another who obtained the 
     subject matter disclosed directly or indirectly from the 
     inventor or a joint inventor; or
       ``(C) the subject matter disclosed and the claimed 
     invention, not later than the effective filing date of the 
     claimed invention, were owned by the same person or subject 
     to an obligation of assignment to the same person.
       ``(c) Common Ownership Under Joint Research Agreements.--
     Subject matter disclosed and a claimed invention shall be 
     deemed to have been owned by the same person or subject to an 
     obligation of assignment to the same person in applying the 
     provisions of subsection (b)(2)(C) if--
       ``(1) the subject matter disclosed was developed and the 
     claimed invention was made by, or on behalf of, 1 or more 
     parties to a joint research agreement that was in effect on 
     or before the effective filing date of the claimed invention;
       ``(2) the claimed invention was made as a result of 
     activities undertaken within the scope of the joint research 
     agreement; and
       ``(3) the application for patent for the claimed invention 
     discloses or is amended to disclose the names of the parties 
     to the joint research agreement.
       ``(d) Patents and Published Applications Effective as Prior 
     Art.--For purposes of determining whether a patent or 
     application for patent is prior art to a claimed invention 
     under subsection (a)(2), such patent or application shall be 
     considered to have been effectively filed, with respect to 
     any subject matter described in the patent or application--
       ``(1) if paragraph (2) does not apply, as of the actual 
     filing date of the patent or the application for patent; or
       ``(2) if the patent or application for patent is entitled 
     to claim a right of priority under section 119, 365(a), or 
     365(b), or to claim the benefit of an earlier filing date 
     under section 120, 121, or 365(c), based upon 1 or more prior 
     filed applications for patent, as of the filing date of the 
     earliest such application that describes the subject 
     matter.''.
       (2) Conforming amendment.--The item relating to section 102 
     in the table of sections for chapter 10 of title 35, United 
     States Code, is amended to read as follows:

``102. Conditions for patentability; novelty.''.

       (c) Conditions for Patentability; Nonobvious Subject 
     Matter.--Section 103 of title 35, United States Code, is 
     amended to read as follows:

     ``Sec. 103. Conditions for patentability; nonobvious subject 
       matter

       ``A patent for a claimed invention may not be obtained, 
     notwithstanding that the claimed invention is not identically 
     disclosed as set forth in section 102, if the differences 
     between the claimed invention and the prior art are such that 
     the claimed invention as a whole would have been obvious 
     before the effective filing date of the claimed invention to 
     a person having ordinary skill in the art to which the 
     claimed invention pertains. Patentability shall not be 
     negated by the manner in which the invention was made.''.
       (d) Repeal of Requirements for Inventions Made Abroad.--
     Section 104 of title 35, United States Code, and the item 
     relating to that section in the table of sections for chapter 
     10 of title 35, United States Code, are repealed.
       (e) Repeal of Statutory Invention Registration.--
       (1) In general.--Section 157 of title 35, United States 
     Code, and the item relating to that section in the table of 
     sections for chapter 14 of title 35, United States Code, are 
     repealed.
       (2) Removal of cross references.--Section 111(b)(8) of 
     title 35, United States Code, is amended by striking 
     ``sections 115, 131, 135, and 157'' and inserting ``sections 
     131 and 135''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect 1 year after the date of the enactment of 
     this Act, and shall apply to any request for a statutory 
     invention registration filed on or after that date.
       (f) Earlier Filing Date for Inventor and Joint Inventor.--
     Section 120 of title 35, United States Code, is amended by 
     striking ``which is filed by an inventor or inventors named'' 
     and inserting ``which names an inventor or joint inventor''.
       (g) Conforming Amendments.--
       (1) Right of priority.--Section 172 of title 35, United 
     States Code, is amended by striking ``and the time specified 
     in section 102(d)''.
       (2) Limitation on remedies.--Section 287(c)(4) of title 35, 
     United States Code, is amended by striking ``the earliest 
     effective filing date of which is prior to'' and inserting 
     ``which has an effective filing date before''.
       (3) International application designating the united 
     states: effect.--Section 363 of title 35, United States Code, 
     is amended by striking ``except as otherwise provided in 
     section 102(e) of this title''.
       (4) Publication of international application: effect.--
     Section 374 of title 35, United States Code, is amended by 
     striking ``sections 102(e) and 154(d)'' and inserting 
     ``section 154(d)''.
       (5) Patent issued on international application: effect.--
     The second sentence of section 375(a) of title 35, United 
     States Code, is amended by striking ``Subject to section 
     102(e) of this title, such'' and inserting ``Such''.
       (6) Limit on right of priority.--Section 119(a) of title 
     35, United States Code, is amended by striking ``; but no 
     patent shall be granted'' and all that follows through ``one 
     year prior to such filing''.
       (7) Inventions made with federal assistance.--Section 
     202(c) of title 35, United States Code, is amended--
       (A) in paragraph (2)--
       (i) by striking ``publication, on sale, or public use,'' 
     and all that follows through ``obtained in the United 
     States'' and inserting ``the 1-year period referred to in 
     section 102(b) would end before the end of that 2-year 
     period''; and
       (ii) by striking ``the statutory'' and inserting ``that 1-
     year''; and
       (B) in paragraph (3), by striking ``any statutory bar date 
     that may occur under this title due to publication, on sale, 
     or public use'' and inserting ``the expiration of the 1-year 
     period referred to in section 102(b)''.
       (h) Derived Patents.--Section 291 of title 35, United 
     States Code, is amended to read as follows:

     ``Sec. 291. Derived patents

       ``(a) In General.--The owner of a patent may have relief by 
     civil action against the owner of another patent that claims 
     the same invention and has an earlier effective filing date 
     if the invention claimed in such other patent was derived 
     from the inventor of the invention claimed in the patent 
     owned by the person seeking relief under this section.
       ``(b) Filing Limitation.--An action under this section may 
     only be filed within 1 year after the issuance of the first 
     patent containing a claim to the allegedly derived invention 
     and naming an individual alleged to have derived such 
     invention as the inventor or joint inventor.''.
       (i) Derivation Proceedings.--Section 135 of title 35, 
     United States Code, is amended to read as follows:

     ``Sec. 135. Derivation proceedings

       ``(a) Institution of Proceeding.--An applicant for patent 
     may file a petition to institute a derivation proceeding in 
     the Office. The petition shall set forth with particularity 
     the basis for finding that an inventor named in an earlier 
     application derived the claimed invention from an inventor 
     named in the petitioner's application and, without 
     authorization, the earlier application claiming such 
     invention was filed. Any such petition may only be filed 
     within 1 year after the first publication of a claim to an 
     invention that is the same or substantially the same as the 
     earlier application's claim to the invention, shall be made 
     under oath, and shall be supported by substantial evidence. 
     Whenever the Director determines that a petition filed under 
     this subsection demonstrates that the standards for 
     instituting a derivation proceeding are met, the Director may 
     institute a derivation proceeding. The determination by the 
     Director whether to institute a derivation proceeding shall 
     be final and nonappealable.
       ``(b) Determination by Patent Trial and Appeal Board.--In a 
     derivation proceeding instituted under subsection (a), the 
     Patent Trial and Appeal Board shall determine whether an 
     inventor named in the earlier application derived the claimed 
     invention from an inventor named in the petitioner's 
     application and, without authorization, the earlier 
     application claiming such invention was filed. The Director 
     shall prescribe regulations setting forth standards for the 
     conduct of derivation proceedings.
       ``(c) Deferral of Decision.--The Patent Trial and Appeal 
     Board may defer action on a petition for a derivation 
     proceeding until 3 months after the date on which the 
     Director issues a patent that includes the claimed invention 
     that is the subject of the petition. The Patent Trial and 
     Appeal Board also may defer action on a petition for a 
     derivation proceeding, or stay the proceeding after it has 
     been instituted, until the termination of a proceeding under 
     chapter 30, 31, or 32 involving the patent of the earlier 
     applicant.
       ``(d) Effect of Final Decision.--The final decision of the 
     Patent Trial and Appeal Board, if adverse to claims in an 
     application for patent, shall constitute the final refusal by 
     the Office on those claims. The final decision of the Patent 
     Trial and Appeal Board, if adverse to claims in a patent, 
     shall, if no appeal or other review of the decision has been 
     or can be taken or had, constitute cancellation of those 
     claims, and notice of such cancellation shall be endorsed on 
     copies of the patent distributed after such cancellation
       ``(e) Settlement.--Parties to a proceeding instituted under 
     subsection (a) may terminate the proceeding by filing a 
     written statement reflecting the agreement of the parties as 
     to the correct inventors of the claimed invention in dispute. 
     Unless the Patent Trial and Appeal Board finds the agreement 
     to be inconsistent with the evidence of record, if any, it 
     shall take action consistent with the agreement. Any written 
     settlement or understanding of the parties shall be filed 
     with the Director. At the request of a party to the 
     proceeding, the agreement or understanding shall be treated 
     as business confidential information, shall be kept separate 
     from the file of the involved patents or applications, and 
     shall be made available only to Government agencies on 
     written request, or to any person on a showing of good cause.
       ``(f) Arbitration.--Parties to a proceeding instituted 
     under subsection (a) may, within such time as may be 
     specified by the Director by regulation, determine such 
     contest or any aspect thereof by arbitration. Such 
     arbitration shall be governed by the provisions of title 9, 
     to the extent such title is not inconsistent with this 
     section. The parties

[[Page S133]]

     shall give notice of any arbitration award to the Director, 
     and such award shall, as between the parties to the 
     arbitration, be dispositive of the issues to which it 
     relates. The arbitration award shall be unenforceable until 
     such notice is given. Nothing in this subsection shall 
     preclude the Director from determining the patentability of 
     the claimed inventions involved in the proceeding.''.
       (j) Elimination of References to Interferences.--(1) 
     Sections 41, 134, 145, 146, 154, 305, and 314 of title 35, 
     United States Code, are each amended by striking ``Board of 
     Patent Appeals and Interferences'' each place it appears and 
     inserting ``Patent Trial and Appeal Board''.
       (2)(A) Sections 146 and 154 of title 35, United States 
     Code, are each amended--
       (i) by striking ``an interference'' each place it appears 
     and inserting ``a derivation proceeding''; and
       (ii) by striking ``interference'' each additional place it 
     appears and inserting ``derivation proceeding''.
       (B) The subparagraph heading for section 154(b)(1)(C) of 
     title 35, United States Code, as amended by this paragraph, 
     is further amended by--
       (i) striking ``or'' and inserting ``of''; and
       (ii) striking ``secrecy order'' and inserting ``secrecy 
     orders''.
       (3) The section heading for section 134 of title 35, United 
     States Code, is amended to read as follows:

     ``Sec. 134. Appeal to the Patent Trial and Appeal Board''.

       (4) The section heading for section 146 of title 35, United 
     States Code, is amended to read as follows:

     ``Sec. 146. Civil action in case of derivation proceeding''.

       (5) Section 154(b)(1)(C) of title 35, United States Code, 
     is amended by striking ``interferences'' and inserting 
     ``derivation proceedings''.
       (6) The item relating to section 6 in the table of sections 
     for chapter 1 of title 35, United States Code, is amended to 
     read as follows:

``6. Patent Trial and Appeal Board.''.

       (7) The items relating to sections 134 and 135 in the table 
     of sections for chapter 12 of title 35, United States Code, 
     are amended to read as follows:

``134. Appeal to the Patent Trial and Appeal Board.
``135. Derivation proceedings.''.

       (8) The item relating to section 146 in the table of 
     sections for chapter 13 of title 35, United States Code, is 
     amended to read as follows:

``146. Civil action in case of derivation proceeding.''.

       (k) False Marking.--
       (1) In general.--Section 292 of title 35, United States 
     Code, is amended--
       (A) in subsection (a), by adding at the end the following:
       ``Only the United States may sue for the penalty authorized 
     by this subsection.''; and
       (B) by striking subsection (b) and inserting the following:
       ``(b) Any person who has suffered a competitive injury as a 
     result of a violation of this section may file a civil action 
     in a district court of the United States for recovery of 
     damages adequate to compensate for the injury.''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to all cases, without exception, pending on or 
     after the date of the enactment of this Act.
       (l) Statute of Limitations.--
       (1) In general.--Section 32 of title 35, United States 
     Code, is amended by inserting between the third and fourth 
     sentences the following: ``A proceeding under this section 
     shall be commenced not later than the earlier of either 10 
     years after the date on which the misconduct forming the 
     basis for the proceeding occurred, or 1 year after the date 
     on which the misconduct forming the basis for the proceeding 
     is made known to an officer or employee of the Office as 
     prescribed in the regulations established under section 
     2(b)(2)(D).''.
       (2) Report to congress.--The Director shall provide on a 
     biennial basis to the Judiciary Committees of the Senate and 
     House of Representatives a report providing a short 
     description of incidents made known to an officer or employee 
     of the Office as prescribed in the regulations established 
     under section 2(b)(2)(D) of title 35, United States Code, 
     that reflect substantial evidence of misconduct before the 
     Office but for which the Office was barred from commencing a 
     proceeding under section 32 of title 35, United States Code, 
     by the time limitation established by the fourth sentence of 
     that section.
       (3) Effective date.--The amendment made by paragraph (1) 
     shall apply in all cases in which the time period for 
     instituting a proceeding under section 32 of title 35, United 
     State Code, had not lapsed prior to the date of the enactment 
     of this Act.
       (m) Small Business Study.--
       (1) Definitions.--In this subsection--
       (A) the term ``Chief Counsel'' means the Chief Counsel for 
     Advocacy of the Small Business Administration;
       (B) the term ``General Counsel'' means the General Counsel 
     of the United States Patent and Trademark Office; and
       (C) the term ``small business concern'' has the meaning 
     given that term under section 3 of the Small Business Act (15 
     U.S.C. 632).
       (2) Study.--
       (A) In general.--The Chief Counsel, in consultation with 
     the General Counsel, shall conduct a study of the effects of 
     eliminating the use of dates of invention in determining 
     whether an applicant is entitled to a patent under title 35, 
     United States Code.
       (B) Areas of study.--The study conducted under subparagraph 
     (A) shall include examination of the effects of eliminating 
     the use of invention dates, including examining--
       (i) how the change would affect the ability of small 
     business concerns to obtain patents and their costs of 
     obtaining patents;
       (ii) whether the change would create, mitigate, or 
     exacerbate any disadvantage for applicants for patents that 
     are small business concerns relative to applicants for 
     patents that are not small business concerns, and whether the 
     change would create any advantages for applicants for patents 
     that are small business concerns relative to applicants for 
     patents that are not small business concerns;
       (iii) the cost savings and other potential benefits to 
     small business concerns of the change; and
       (iv) the feasibility and costs and benefits to small 
     business concerns of alternative means of determining whether 
     an applicant is entitled to a patent under title 35, United 
     States Code.
       (3) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Chief Counsel shall submit to the 
     Committee on Small Business and Entrepreneurship and the 
     Committee on the Judiciary of the Senate and the Committee on 
     Small Business and the Committee on the Judiciary of the 
     House of Representatives a report regarding the results of 
     the study under paragraph (2).
       (n) Report on Prior User Rights.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Director shall report, to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives, the findings 
     and recommendations of the Director on the operation of prior 
     user rights in selected countries in the industrialized 
     world. The report shall include the following:
       (A) A comparison between patent laws of the United States 
     and the laws of other industrialized countries, including 
     members of the European Union and Japan, Canada, and 
     Australia.
       (B) An analysis of the effect of prior user rights on 
     innovation rates in the selected countries.
       (C) An analysis of the correlation, if any, between prior 
     user rights and start-up enterprises and the ability to 
     attract venture capital to start new companies.
       (D) An analysis of the effect of prior user rights, if any, 
     on small businesses, universities, and individual inventors.
       (E) An analysis of legal and constitutional issues, if any, 
     that arise from placing trade secret law in patent law.
       (F) An analysis of whether the change to a first-to-file 
     patent system creates a particular need for prior user 
     rights.
       (2) Consultation with other agencies.--In preparing the 
     report required under paragraph (1), the Director shall 
     consult with the United States Trade Representative, the 
     Secretary of State, and the Attorney General.
       (o) Effective Date.--
       (1) In general.--Except as otherwise provided by this 
     section, the amendments made by this section shall take 
     effect on the date that is 18 months after the date of the 
     enactment of this Act, and shall apply to any application for 
     patent, and to any patent issuing thereon, that contains or 
     contained at any time--
       (A) a claim to a claimed invention that has an effective 
     filing date as defined in section 100(i) of title 35, United 
     States Code, that is 18 months or more after the date of the 
     enactment of this Act; or
       (B) a specific reference under section 120, 121, or 365(c) 
     of title 35, United States Code, to any patent or application 
     that contains or contained at any time such a claim.
       (2) Interfering patents.--The provisions of sections 
     102(g), 135, and 291 of title 35, United States Code, in 
     effect on the day prior to the date of the enactment of this 
     Act, shall apply to each claim of an application for patent, 
     and any patent issued thereon, for which the amendments made 
     by this section also apply, if such application or patent 
     contains or contained at any time--
       (A) a claim to an invention having an effective filing date 
     as defined in section 100(i) of title 35, United States Code, 
     earlier than 18 months after the date of the enactment of 
     this Act; or
       (B) a specific reference under section 120, 121, or 365(c) 
     of title 35, United States Code, to any patent or application 
     that contains or contained at any time such a claim.

     SEC. 3. INVENTOR'S OATH OR DECLARATION.

       (a) Inventor's Oath or Declaration.--
       (1) In general.--Section 115 of title 35, United States 
     Code, is amended to read as follows:

     ``Sec. 115. Inventor's oath or declaration

       ``(a) Naming the Inventor; Inventor's Oath or 
     Declaration.--An application for patent that is filed under 
     section 111(a) or commences the national stage under section 
     371 shall include, or be amended to include, the name of the 
     inventor for any invention claimed in the application. Except 
     as otherwise provided in this section, each individual who is 
     the inventor or a joint inventor of a claimed invention in an 
     application for patent shall execute an oath or declaration 
     in connection with the application.

[[Page S134]]

       ``(b) Required Statements.--An oath or declaration under 
     subsection (a) shall contain statements that--
       ``(1) the application was made or was authorized to be made 
     by the affiant or declarant; and
       ``(2) such individual believes himself or herself to be the 
     original inventor or an original joint inventor of a claimed 
     invention in the application.
       ``(c) Additional Requirements.--The Director may specify 
     additional information relating to the inventor and the 
     invention that is required to be included in an oath or 
     declaration under subsection (a).
       ``(d) Substitute Statement.--
       ``(1) In general.--In lieu of executing an oath or 
     declaration under subsection (a), the applicant for patent 
     may provide a substitute statement under the circumstances 
     described in paragraph (2) and such additional circumstances 
     that the Director may specify by regulation.
       ``(2) Permitted circumstances.--A substitute statement 
     under paragraph (1) is permitted with respect to any 
     individual who--
       ``(A) is unable to file the oath or declaration under 
     subsection (a) because the individual--
       ``(i) is deceased;
       ``(ii) is under legal incapacity; or
       ``(iii) cannot be found or reached after diligent effort; 
     or
       ``(B) is under an obligation to assign the invention but 
     has refused to make the oath or declaration required under 
     subsection (a).
       ``(3) Contents.--A substitute statement under this 
     subsection shall--
       ``(A) identify the individual with respect to whom the 
     statement applies;
       ``(B) set forth the circumstances representing the 
     permitted basis for the filing of the substitute statement in 
     lieu of the oath or declaration under subsection (a); and
       ``(C) contain any additional information, including any 
     showing, required by the Director.
       ``(e) Making Required Statements in Assignment of Record.--
     An individual who is under an obligation of assignment of an 
     application for patent may include the required statements 
     under subsections (b) and (c) in the assignment executed by 
     the individual, in lieu of filing such statements separately.
       ``(f) Time for Filing.--A notice of allowance under section 
     151 may be provided to an applicant for patent only if the 
     applicant for patent has filed each required oath or 
     declaration under subsection (a) or has filed a substitute 
     statement under subsection (d) or recorded an assignment 
     meeting the requirements of subsection (e).
       ``(g) Earlier-filed Application Containing Required 
     Statements or Substitute Statement.--
       ``(1) Exception.--The requirements under this section shall 
     not apply to an individual with respect to an application for 
     patent in which the individual is named as the inventor or a 
     joint inventor and who claims the benefit under section 120, 
     121, or 365(c) of the filing of an earlier-filed application, 
     if--
       ``(A) an oath or declaration meeting the requirements of 
     subsection (a) was executed by the individual and was filed 
     in connection with the earlier-filed application;
       ``(B) a substitute statement meeting the requirements of 
     subsection (d) was filed in the earlier filed application 
     with respect to the individual; or
       ``(C) an assignment meeting the requirements of subsection 
     (e) was executed with respect to the earlier-filed 
     application by the individual and was recorded in connection 
     with the earlier-filed application.
       ``(2) Copies of oaths, declarations, statements, or 
     assignments.--Notwithstanding paragraph (1), the Director may 
     require that a copy of the executed oath or declaration, the 
     substitute statement, or the assignment filed in the earlier-
     filed application be included in the later-filed application.
       ``(h) Supplemental and Corrected Statements; Filing 
     Additional Statements.--
       ``(1) In general.--Any person making a statement required 
     under this section may withdraw, replace, or otherwise 
     correct the statement at any time. If a change is made in the 
     naming of the inventor requiring the filing of 1 or more 
     additional statements under this section, the Director shall 
     establish regulations under which such additional statements 
     may be filed.
       ``(2) Supplemental statements not required.--If an 
     individual has executed an oath or declaration meeting the 
     requirements of subsection (a) or an assignment meeting the 
     requirements of subsection (e) with respect to an application 
     for patent, the Director may not thereafter require that 
     individual to make any additional oath, declaration, or other 
     statement equivalent to those required by this section in 
     connection with the application for patent or any patent 
     issuing thereon.
       ``(3) Savings clause.--No patent shall be invalid or 
     unenforceable based upon the failure to comply with a 
     requirement under this section if the failure is remedied as 
     provided under paragraph (1).
       ``(i) Acknowledgment of Penalties.--Any declaration or 
     statement filed pursuant to this section shall contain an 
     acknowledgment that any willful false statement made in such 
     declaration or statement is punishable under section 1001 of 
     title 18 by fine or imprisonment of not more than 5 years, or 
     both.''.
       (2) Relationship to divisional applications.--Section 121 
     of title 35, United States Code, is amended by striking ``If 
     a divisional application'' and all that follows through 
     ``inventor.''.
       (3) Requirements for nonprovisional applications.--Section 
     111(a) of title 35, United States Code, is amended--
       (A) in paragraph (2)(C), by striking ``by the applicant'' 
     and inserting ``or declaration'';
       (B) in the heading for paragraph (3), by inserting ``or 
     declaration'' after ``and oath''; and
       (C) by inserting ``or declaration'' after ``and oath'' each 
     place it appears.
       (4) Conforming amendment.--The item relating to section 115 
     in the table of sections for chapter 11 of title 35, United 
     States Code, is amended to read as follows:

``115. Inventor's oath or declaration.''.

       (b) Filing by Other Than Inventor.--
       (1) In general.--Section 118 of title 35, United States 
     Code, is amended to read as follows:

     ``Sec. 118. Filing by other than inventor

       ``A person to whom the inventor has assigned or is under an 
     obligation to assign the invention may make an application 
     for patent. A person who otherwise shows sufficient 
     proprietary interest in the matter may make an application 
     for patent on behalf of and as agent for the inventor on 
     proof of the pertinent facts and a showing that such action 
     is appropriate to preserve the rights of the parties. If the 
     Director grants a patent on an application filed under this 
     section by a person other than the inventor, the patent shall 
     be granted to the real party in interest and upon such notice 
     to the inventor as the Director considers to be 
     sufficient.''.
       (2) Conforming amendment.--Section 251 of title 35, United 
     States Code, is amended in the third undesignated paragraph 
     by inserting ``or the application for the original patent was 
     filed by the assignee of the entire interest'' after ``claims 
     of the original patent''.
       (c) Specification.--Section 112 of title 35, United States 
     Code, is amended--
       (1) in the first paragraph--
       (A) by striking ``The specification'' and inserting ``(a) 
     In General.--The specification''; and
       (B) by striking ``of carrying out his invention'' and 
     inserting ``or joint inventor of carrying out the 
     invention'';
       (2) in the second paragraph--
       (A) by striking ``The specification'' and inserting ``(b) 
     Conclusion.--The specification''; and
       (B) by striking ``applicant regards as his invention'' and 
     inserting ``inventor or a joint inventor regards as the 
     invention'';
       (3) in the third paragraph, by striking ``A claim'' and 
     inserting ``(c) Form.--A claim'';
       (4) in the fourth paragraph, by striking ``Subject to the 
     following paragraph,'' and inserting ``(d) Reference in 
     Dependent Forms.--Subject to subsection (e),'';
       (5) in the fifth paragraph, by striking ``A claim'' and 
     inserting ``(e) Reference in Multiple Dependent Form.--A 
     claim''; and
       (6) in the last paragraph, by striking ``An element'' and 
     inserting ``(f) Element in Claim for a Combination.--An 
     element''.
       (d) Conforming Amendments.--
       (1) Sections 111(b)(1)(A) is amended by striking ``the 
     first paragraph of section 112 of this title'' and inserting 
     ``section 112(a)''.
       (2) Section 111(b)(2) is amended by striking ``the second 
     through fifth paragraphs of section 112,'' and inserting 
     ``subsections (b) through (e) of section 112,''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect 1 year after the date of the enactment of 
     this Act and shall apply to patent applications that are 
     filed on or after that effective date.

     SEC. 4. DAMAGES.

       (a) Damages.--Section 284 of title 35, United States Code, 
     is amended--
       (1) by striking ``Upon finding'' and inserting the 
     following: ``(a) In General.--Upon finding'';
       (2) by striking ``fixed by the court'' and all that follows 
     through ``When the damages'' and inserting the following: 
     ``fixed by the court. When the damages'';
       (3) by striking ``shall assess them.'' and all that follows 
     through ``The court may receive'' and inserting the 
     following: ``shall assess them. The court may receive''; and
       (4) by adding at the end the following:
       ``(b) Procedure for Determining Damages.--
       ``(1) In general.--The court shall identify the 
     methodologies and factors that are relevant to the 
     determination of damages, and the court or jury shall 
     consider only those methodologies and factors relevant to 
     making such determination.
       ``(2) Disclosure of claims.--By no later than the entry of 
     the final pretrial order, unless otherwise ordered by the 
     court, the parties shall state, in writing and with 
     particularity, the methodologies and factors the parties 
     propose for instruction to the jury in determining damages 
     under this section, specifying the relevant underlying legal 
     and factual bases for their assertions.
       ``(3) Sufficiency of evidence.--Prior to the introduction 
     of any evidence concerning the determination of damages, upon 
     motion of either party or sua sponte, the court shall 
     consider whether one or more of a party's damages contentions 
     lacks a legally sufficient evidentiary basis. After providing 
     a nonmovant the opportunity to be heard, and after any 
     further proffer of evidence, briefing, or argument that the 
     court may deem appropriate, the court shall identify on the 
     record those methodologies and factors as to which there is a 
     legally sufficient evidentiary basis, and the court or jury 
     shall

[[Page S135]]

     consider only those methodologies and factors in making the 
     determination of damages under this section. The court shall 
     only permit the introduction of evidence relating to the 
     determination of damages that is relevant to the 
     methodologies and factors that the court determines may be 
     considered in making the damages determination.
       ``(c) Sequencing.--Any party may request that a patent-
     infringement trial be sequenced so that the trier of fact 
     decides questions of the patent's infringement and validity 
     before the issues of damages and willful infringement are 
     tried to the court or the jury. The court shall grant such a 
     request absent good cause to reject the request, such as the 
     absence of issues of significant damages or infringement and 
     validity. The sequencing of a trial pursuant to this 
     subsection shall not affect other matters, such as the timing 
     of discovery. This subsection does not authorize a party to 
     request that the issues of damages and willful infringement 
     be tried to a jury different than the one that will decide 
     questions of the patent's infringement and validity.
       ``(d) Willful Infringement.--
       ``(1) In general.--The court may increase damages up to 3 
     times the amount found or assessed if the court or the jury, 
     as the case may be, determines that the infringement of the 
     patent was willful. Increased damages under this subsection 
     shall not apply to provisional rights under section 154(d). 
     Infringement is not willful unless the claimant proves by 
     clear and convincing evidence that the accused infringer's 
     conduct with respect to the patent was objectively reckless. 
     An accused infringer's conduct was objectively reckless if 
     the infringer was acting despite an objectively high 
     likelihood that his actions constituted infringement of a 
     valid patent, and this objectively-defined risk was either 
     known or so obvious that it should have been known to the 
     accused infringer.
       ``(2) Pleading standards.--A claimant asserting that a 
     patent was infringed willfully shall comply with the pleading 
     requirements set forth under Federal Rule of Civil Procedure 
     9(b).
       ``(3) Knowledge alone insufficient.--Infringement of a 
     patent may not be found to be willful solely on the basis 
     that the infringer had knowledge of the infringed patent.
       ``(4) Pre-suit notification.--A claimant seeking to 
     establish willful infringement may not rely on evidence of 
     pre-suit notification of infringement unless that 
     notification identifies with particularity the asserted 
     patent, identifies the product or process accused, and 
     explains with particularity, to the extent possible following 
     a reasonable investigation or inquiry, how the product or 
     process infringes one or more claims of the patent.
       ``(5) Close case.--The court shall not increase damages 
     under this subsection if the court determines that there is a 
     close case as to infringement, validity, or enforceability. 
     On the motion of either party, the court shall determine 
     whether a close case as to infringement, validity, or 
     enforceability exists, and the court shall explain its 
     decision. Once the court determines that such a close case 
     exists, the issue of willful infringement shall not 
     thereafter be tried to the jury.
       ``(6) Accrued damages.--If a court or jury finds that the 
     infringement of patent was willful, the court may increase 
     only those damages that accrued after the infringement became 
     willful.''.
       (b) Defense to Infringement Based on Earlier Inventor.--
     Section 273(b)(6) of title 35, United States Code, is amended 
     to read as follows:
       ``(6) Personal defense.--The defense under this section may 
     be asserted only by the person who performed or caused the 
     performance of the acts necessary to establish the defense as 
     well as any other entity that controls, is controlled by, or 
     is under common control with such person and, except for any 
     transfer to the patent owner, the right to assert the defense 
     shall not be licensed or assigned or transferred to another 
     person except as an ancillary and subordinate part of a good 
     faith assignment or transfer for other reasons of the entire 
     enterprise or line of business to which the defense relates. 
     Notwithstanding the preceding sentence, any person may, on 
     its own behalf, assert a defense based on the exhaustion of 
     rights provided under paragraph (3), including any necessary 
     elements thereof.''.
       (c) Virtual Marking.--Section 287(a) of title 35, United 
     States Code, is amended by inserting ``, or by fixing thereon 
     the word `patent' or the abbreviation `pat.' together with an 
     address of a posting on the Internet, accessible to the 
     public without charge for accessing the address, that 
     associates the patented article with the number of the 
     patent'' before ``, or when''.
       (d) Advice of Counsel.--Chapter 29 of title 35, United 
     States Code, is amended by adding at the end the following:

     ``Sec. 298. Advice of Counsel

       ``The failure of an infringer to obtain the advice of 
     counsel with respect to any allegedly infringed patent or the 
     failure of the infringer to present such advice to the court 
     or jury may not be used to prove that the accused infringer 
     willfully infringed the patent or that the infringer intended 
     to induce infringement of the patent.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to any civil action commenced on or after the 
     date of the enactment of this Act.

     SEC. 5. POST-GRANT REVIEW PROCEEDINGS.

       (a) Inter Partes Review.--Chapter 31 of title 35, United 
     States Code, is amended to read as follows:

                   ``CHAPTER 31--INTER PARTES REVIEW

``Sec.
``311. Inter partes review.
``312. Petitions.
``313. Preliminary response to petition.
``314. Institution of inter partes review.
``315. Relation to other proceedings or actions.
``316. Conduct of inter partes review.
``317. Settlement.
``318. Decision of the board.
``319. Appeal.

     ``Sec. 311. Inter partes review

       ``(a) In General.--Subject to the provisions of this 
     chapter, a person who is not the patent owner may file with 
     the Office a petition to institute an inter partes review for 
     a patent. The Director shall establish, by regulation, fees 
     to be paid by the person requesting the review, in such 
     amounts as the Director determines to be reasonable, 
     considering the aggregate costs of the review.
       ``(b) Scope.--A petitioner in an inter partes review may 
     request to cancel as unpatentable 1 or more claims of a 
     patent only on a ground that could be raised under section 
     102 or 103 and only on the basis of prior art consisting of 
     patents or printed publications.
       ``(c) Filing Deadline.--A petition for inter partes review 
     shall be filed after the later of either--
       ``(1) 9 months after the grant of a patent or issuance of a 
     reissue of a patent; or
       ``(2) if a post-grant review is instituted under chapter 
     32, the date of the termination of such post-grant review.

     ``Sec. 312. Petitions

       ``(a) Requirements of Petition.--A petition filed under 
     section 311 may be considered only if--
       ``(1) the petition is accompanied by payment of the fee 
     established by the Director under section 311;
       ``(2) the petition identifies all real parties in interest;
       ``(3) the petition identifies, in writing and with 
     particularity, each claim challenged, the grounds on which 
     the challenge to each claim is based, and the evidence that 
     supports the grounds for the challenge to each claim, 
     including--
       ``(A) copies of patents and printed publications that the 
     petitioner relies upon in support of the petition; and
       ``(B) affidavits or declarations of supporting evidence and 
     opinions, if the petitioner relies on expert opinions;
       ``(4) the petition provides such other information as the 
     Director may require by regulation; and
       ``(5) the petitioner provides copies of any of the 
     documents required under paragraphs (2), (3), and (4) to the 
     patent owner or, if applicable, the designated representative 
     of the patent owner.
       ``(b) Public Availability.--As soon as practicable after 
     the receipt of a petition under section 311, the Director 
     shall make the petition available to the public.

     ``Sec. 313. Preliminary response to petition

       ``(a) Preliminary Response.--If an inter partes review 
     petition is filed under section 311, the patent owner shall 
     have the right to file a preliminary response within a time 
     period set by the Director.
       ``(b) Content of Response.--A preliminary response to a 
     petition for inter partes review shall set forth reasons why 
     no inter partes review should be instituted based upon the 
     failure of the petition to meet any requirement of this 
     chapter.

     ``Sec. 314. Institution of inter partes review

       ``(a) Threshold.--The Director may not authorize an inter 
     partes review to commence unless the Director determines that 
     the information presented in the petition filed under section 
     311 and any response filed under section 313 shows that there 
     is a reasonable likelihood that the petitioner would prevail 
     with respect to at least 1 of the claims challenged in the 
     petition.
       ``(b) Timing.--The Director shall determine whether to 
     institute an inter partes review under this chapter within 3 
     months after receiving a preliminary response under section 
     313 or, if none is filed, within three months after the 
     expiration of the time for filing such a response.
       ``(c) Notice.--The Director shall notify the petitioner and 
     patent owner, in writing, of the Director's determination 
     under subsection (a), and shall make such notice available to 
     the public as soon as is practicable. Such notice shall list 
     the date on which the review shall commence.
       ``(d) No Appeal.--The determination by the Director whether 
     to institute an inter partes review under this section shall 
     be final and nonappealable.

     ``Sec. 315. Relation to other proceedings or actions

       ``(a) Infringer's Action.--An inter partes review may not 
     be instituted or maintained if the petitioner or real party 
     in interest has filed a civil action challenging the validity 
     of a claim of the patent.
       ``(b) Patent Owner's Action.--An inter partes review may 
     not be instituted if the petition requesting the proceeding 
     is filed more than 3 months after the date on which the 
     petitioner, real party in interest, or his privy is required 
     to respond to a civil action alleging infringement of the 
     patent.
       ``(c) Joinder.--If the Director institutes an inter partes 
     review, the Director, in his discretion, may join as a party 
     to that inter

[[Page S136]]

     partes review any person who properly files a petition under 
     section 311 that the Director, after receiving a preliminary 
     response under section 313 or the expiration of the time for 
     filing such a response, determines warrants the institution 
     of an inter partes review under section 314.
       ``(d) Multiple Proceedings.--Notwithstanding sections 
     135(a), 251, and 252, and chapter 30, during the pendency of 
     an inter partes review, if another proceeding or matter 
     involving the patent is before the Office, the Director may 
     determine the manner in which the inter partes review or 
     other proceeding or matter may proceed, including providing 
     for stay, transfer, consolidation, or termination of any such 
     matter or proceeding.
       ``(e) Estoppel.--
       ``(1) Proceedings before the office.--The petitioner in an 
     inter partes review under this chapter, or his real party in 
     interest or privy, may not request or maintain a proceeding 
     before the Office with respect to a claim on any ground that 
     the petitioner raised or reasonably could have raised during 
     an inter partes review of the claim that resulted in a final 
     written decision under section 318(a).
       ``(2) Civil actions and other proceedings.--The petitioner 
     in an inter partes review under this chapter, or his real 
     party in interest or privy, may not assert either in a civil 
     action arising in whole or in part under section 1338 of 
     title 28 or in a proceeding before the International Trade 
     Commission that a claim in a patent is invalid on any ground 
     that the petitioner raised or reasonably could have raised 
     during an inter partes review of the claim that resulted in a 
     final written decision under section 318(a).

     ``Sec. 316. Conduct of inter partes review

       ``(a) Regulations.--The Director shall prescribe 
     regulations--
       ``(1) providing that the file of any proceeding under this 
     chapter shall be made available to the public, except that 
     any petition or document filed with the intent that it be 
     sealed shall be accompanied by a motion to seal, and such 
     petition or document shall be treated as sealed pending the 
     outcome of the ruling on the motion;
       ``(2) setting forth the standards for the showing of 
     sufficient grounds to institute a review under section 
     314(a);
       ``(3) establishing procedures for the submission of 
     supplemental information after the petition is filed;
       ``(4) in accordance with section 2(b)(2), establishing and 
     governing inter partes review under this chapter and the 
     relationship of such review to other proceedings under this 
     title;
       ``(5) setting a time period for requesting joinder under 
     section 315(c);
       ``(6) setting forth standards and procedures for discovery 
     of relevant evidence, including that such discovery shall be 
     limited to--
       ``(A) the deposition of witnesses submitting affidavits or 
     declarations; and
       ``(B) what is otherwise necessary in the interest of 
     justice;
       ``(7) prescribing sanctions for abuse of discovery, abuse 
     of process, or any other improper use of the proceeding, such 
     as to harass or to cause unnecessary delay or an unnecessary 
     increase in the cost of the proceeding;
       ``(8) providing for protective orders governing the 
     exchange and submission of confidential information;
       ``(9) allowing the patent owner to file a response to the 
     petition after an inter partes review has been instituted, 
     and requiring that the patent owner file with such response, 
     through affidavits or declarations, any additional factual 
     evidence and expert opinions on which the patent owner relies 
     in support of the response;
       ``(10) setting forth standards and procedures for allowing 
     the patent owner to move to amend the patent under subsection 
     (d) to cancel a challenged claim or propose a reasonable 
     number of substitute claims, and ensuring that any 
     information submitted by the patent owner in support of any 
     amendment entered under subsection (d) is made available to 
     the public as part of the prosecution history of the patent;
       ``(11) providing either party with the right to an oral 
     hearing as part of the proceeding; and
       ``(12) requiring that the final determination in an inter 
     partes review be issued not later than 1 year after the date 
     on which the Director notices the institution of a review 
     under this chapter, except that the Director may, for good 
     cause shown, extend the 1-year period by not more than 6 
     months, and may adjust the time periods in this paragraph in 
     the case of joinder under section 315(c).
       ``(b) Considerations.--In prescribing regulations under 
     this section, the Director shall consider the effect of any 
     such regulation on the economy, the integrity of the patent 
     system, the efficient administration of the Office, and the 
     ability of the Office to timely complete proceedings 
     instituted under this chapter.
       ``(c) Patent Trial and Appeal Board.--The Patent Trial and 
     Appeal Board shall, in accordance with section 6, conduct 
     each proceeding authorized by the Director.
       ``(d) Amendment of the Patent.--
       ``(1) In general.--During an inter partes review instituted 
     under this chapter, the patent owner may file 1 motion to 
     amend the patent in 1 or more of the following ways:
       ``(A) Cancel any challenged patent claim.
       ``(B) For each challenged claim, propose a reasonable 
     number of substitute claims.
       ``(2) Additional motions.--Additional motions to amend may 
     be permitted upon the joint request of the petitioner and the 
     patent owner to materially advance the settlement of a 
     proceeding under section 317, or as permitted by regulations 
     prescribed by the Director.
       ``(3) Scope of claims.--An amendment under this subsection 
     may not enlarge the scope of the claims of the patent or 
     introduce new matter.
       ``(e) Evidentiary Standards.--In an inter partes review 
     instituted under this chapter, the petitioner shall have the 
     burden of proving a proposition of unpatentability by a 
     preponderance of the evidence.

     ``Sec. 317. Settlement

       ``(a) In General.--An inter partes review instituted under 
     this chapter shall be terminated with respect to any 
     petitioner upon the joint request of the petitioner and the 
     patent owner, unless the Office has decided the merits of the 
     proceeding before the request for termination is filed. If 
     the inter partes review is terminated with respect to a 
     petitioner under this section, no estoppel under section 
     315(e) shall apply to that petitioner. If no petitioner 
     remains in the inter partes review, the Office may terminate 
     the review or proceed to a final written decision under 
     section 318(a).
       ``(b) Agreements in Writing.--Any agreement or 
     understanding between the patent owner and a petitioner, 
     including any collateral agreements referred to in such 
     agreement or understanding, made in connection with, or in 
     contemplation of, the termination of an inter partes review 
     under this section shall be in writing and a true copy of 
     such agreement or understanding shall be filed in the Office 
     before the termination of the inter partes review as between 
     the parties. If any party filing such agreement or 
     understanding so requests, the copy shall be kept separate 
     from the file of the inter partes review, and shall be made 
     available only to Federal Government agencies upon written 
     request, or to any other person on a showing of good cause.

     ``Sec. 318. Decision of the board

       ``(a) Final Written Decision.--If an inter partes review is 
     instituted and not dismissed under this chapter, the Patent 
     Trial and Appeal Board shall issue a final written decision 
     with respect to the patentability of any patent claim 
     challenged by the petitioner and any new claim added under 
     section 316(d).
       ``(b) Certificate.--If the Patent Trial and Appeal Board 
     issues a final written decision under subsection (a) and the 
     time for appeal has expired or any appeal has terminated, the 
     Director shall issue and publish a certificate canceling any 
     claim of the patent finally determined to be unpatentable, 
     confirming any claim of the patent determined to be 
     patentable, and incorporating in the patent by operation of 
     the certificate any new or amended claim determined to be 
     patentable.

     ``Sec. 319. Appeal

       ``A party dissatisfied with the final written decision of 
     the Patent Trial and Appeal Board under section 318(a) may 
     appeal the decision pursuant to sections 141 through 144. Any 
     party to the inter partes review shall have the right to be a 
     party to the appeal.''.
       (b) Technical and Conforming Amendment.--The table of 
     chapters for part III of title 35, United States Code, is 
     amended by striking the item relating to chapter 31 and 
     inserting the following:

``31. Inter Partes Review                                       311.''.

       (c) Regulations and Effective Date.--
       (1) Regulations.--The Director shall, not later than the 
     date that is 1 year after the date of the enactment of this 
     Act, issue regulations to carry out chapter 31 of title 35, 
     United States Code, as amended by subsection (a) of this 
     section.
       (2) Applicability.--
       (A) In general.--The amendments made by subsection (a) 
     shall take effect on the date that is 1 year after the date 
     of the enactment of this Act and shall apply to all patents 
     issued before, on, or after the effective date of subsection 
     (a).
       (B) Exception.--The provisions of chapter 31 of title 35, 
     United States Code, as amended by paragraph (3), shall 
     continue to apply to requests for inter partes reexamination 
     that are filed prior to the effective date of subsection (a) 
     as if subsection (a) had not been enacted.
       (C) Graduated implementation.--The Director may impose a 
     limit on the number of inter partes reviews that may be 
     instituted during each of the first 4 years following the 
     effective date of subsection (a), provided that such number 
     shall in each year be equivalent to or greater than the 
     number of inter partes reexaminations that are ordered in the 
     last full fiscal year prior to the effective date of 
     subsection (a).
       (3) Transition.--
       (A) In general.--Chapter 31 of title 35, United States 
     Code, is amended--
       (i) in section 312--

       (I) in subsection (a)--

       (aa) in the first sentence, by striking ``a substantial new 
     question of patentability affecting any claim of the patent 
     concerned is raised by the request,'' and inserting ``the 
     information presented in the request shows that there is a 
     reasonable likelihood that the requester would prevail with 
     respect to at least 1 of the claims challenged in the 
     request,''; and
       (bb) in the second sentence, by striking ``The existence of 
     a substantial new question

[[Page S137]]

     of patentability'' and inserting ``A showing that there is a 
     reasonable likelihood that the requester would prevail with 
     respect to at least 1 of the claims challenged in the 
     request''; and

       (II) in subsection (c), in the second sentence, by striking 
     ``no substantial new question of patentability has been 
     raised,'' and inserting ``the showing required by subsection 
     (a) has not been made,''; and

       (ii) in section 313, by striking ``a substantial new 
     question of patentability affecting a claim of the patent is 
     raised'' and inserting ``it has been shown that there is a 
     reasonable likelihood that the requester would prevail with 
     respect to at least 1 of the claims challenged in the 
     request''.
       (B) Application.--The amendments made by this paragraph 
     shall apply to requests for inter partes reexamination that 
     are filed on or after the date of the enactment of this Act, 
     but prior to the effective date of subsection (a).
       (d) Post-grant Review.--Part III of title 35, United States 
     Code, is amended by adding at the end the following:

                    ``CHAPTER 32--POST-GRANT REVIEW

``Sec.
``321. Post-grant review.
``322. Petitions.
``323. Preliminary response to petition.
``324. Institution of post-grant review.
``325. Relation to other proceedings or actions.
``326. Conduct of post-grant review.
``327. Settlement.
``328. Decision of the board.
``329. Appeal.

     ``Sec. 321. Post-grant review

       ``(a) In General.--Subject to the provisions of this 
     chapter, a person who is not the patent owner may file with 
     the Office a petition to institute a post-grant review for a 
     patent. The Director shall establish, by regulation, fees to 
     be paid by the person requesting the review, in such amounts 
     as the Director determines to be reasonable, considering the 
     aggregate costs of the post-grant review.
       ``(b) Scope.--A petitioner in a post-grant review may 
     request to cancel as unpatentable 1 or more claims of a 
     patent on any ground that could be raised under paragraph (2) 
     or (3) of section 282(b) (relating to invalidity of the 
     patent or any claim).
       ``(c) Filing Deadline.--A petition for a post-grant review 
     shall be filed not later than 9 months after the grant of the 
     patent or issuance of a reissue patent.

     ``Sec. 322. Petitions

       ``(a) Requirements of Petition.--A petition filed under 
     section 321 may be considered only if--
       ``(1) the petition is accompanied by payment of the fee 
     established by the Director under section 321;
       ``(2) the petition identifies all real parties in interest;
       ``(3) the petition identifies, in writing and with 
     particularity, each claim challenged, the grounds on which 
     the challenge to each claim is based, and the evidence that 
     supports the grounds for the challenge to each claim, 
     including--
       ``(A) copies of patents and printed publications that the 
     petitioner relies upon in support of the petition; and
       ``(B) affidavits or declarations of supporting evidence and 
     opinions, if the petitioner relies on other factual evidence 
     or on expert opinions;
       ``(4) the petition provides such other information as the 
     Director may require by regulation; and
       ``(5) the petitioner provides copies of any of the 
     documents required under paragraphs (2), (3), and (4) to the 
     patent owner or, if applicable, the designated representative 
     of the patent owner.
       ``(b) Public Availability.--As soon as practicable after 
     the receipt of a petition under section 321, the Director 
     shall make the petition available to the public.

     ``Sec. 323. Preliminary response to petition

       ``(a) Preliminary Response.--If a post-grant review 
     petition is filed under section 321, the patent owner shall 
     have the right to file a preliminary response within 2 months 
     of the filing of the petition.
       ``(b) Content of Response.--A preliminary response to a 
     petition for post-grant review shall set forth reasons why no 
     post-grant review should be instituted based upon the failure 
     of the petition to meet any requirement of this chapter.

     ``Sec. 324. Institution of post-grant review

       ``(a) Threshold.--The Director may not authorize a post-
     grant review to commence unless the Director determines that 
     the information presented in the petition, if such 
     information is not rebutted, would demonstrate that it is 
     more likely than not that at least 1 of the claims challenged 
     in the petition is unpatentable.
       ``(b) Additional Grounds.--The determination required under 
     subsection (a) may also be satisfied by a showing that the 
     petition raises a novel or unsettled legal question that is 
     important to other patents or patent applications.
       ``(c) Timing.--The Director shall determine whether to 
     institute a post-grant review under this chapter within 3 
     months after receiving a preliminary response under section 
     323 or, if none is filed, the expiration of the time for 
     filing such a response.
       ``(d) Notice.--The Director shall notify the petitioner and 
     patent owner, in writing, of the Director's determination 
     under subsection (a) or (b), and shall make such notice 
     available to the public as soon as is practicable. The 
     Director shall make each notice of the institution of a post-
     grant review available to the public. Such notice shall list 
     the date on which the review shall commence.
       ``(e) No Appeal.--The determination by the Director whether 
     to institute a post-grant review under this section shall be 
     final and nonappealable.

     ``Sec. 325. Relation to other proceedings or actions

       ``(a) Infringer's Action.--A post-grant review may not be 
     instituted or maintained if the petitioner or real party in 
     interest has filed a civil action challenging the validity of 
     a claim of the patent.
       ``(b) Patent Owner's Action.--A post-grant review may not 
     be instituted if the petition requesting the proceeding is 
     filed more than 3 months after the date on which the 
     petitioner, real party in interest, or his privy is required 
     to respond to a civil action alleging infringement of the 
     patent.
       ``(c) Joinder.--If more than 1 petition for a post-grant 
     review is properly filed against the same patent and the 
     Director determines that more than 1 of these petitions 
     warrants the institution of a post-grant review under section 
     324, the Director may consolidate such reviews into a single 
     post-grant review.
       ``(d) Multiple Proceedings.--Notwithstanding sections 
     135(a), 251, and 252, and chapter 30, during the pendency of 
     any post-grant review, if another proceeding or matter 
     involving the patent is before the Office, the Director may 
     determine the manner in which the post-grant review or other 
     proceeding or matter may proceed, including providing for 
     stay, transfer, consolidation, or termination of any such 
     matter or proceeding. In determining whether to institute or 
     order a proceeding under this chapter, chapter 30, or chapter 
     31, the Director may take into account whether, and reject 
     the petition or request because, the same or substantially 
     the same prior art or arguments previously were presented to 
     the Office.
       ``(e) Estoppel.--
       ``(1) Proceedings before the office.--The petitioner in a 
     post-grant review under this chapter, or his real party in 
     interest or privy, may not request or maintain a proceeding 
     before the Office with respect to a claim on any ground that 
     the petitioner raised or reasonably could have raised during 
     a post-grant review of the claim that resulted in a final 
     written decision under section 328(a).
       ``(2) Civil actions and other proceedings.--The petitioner 
     in a post-grant review under this chapter, or his real party 
     in interest or privy, may not assert either in a civil action 
     arising in whole or in part under section 1338 of title 28 or 
     in a proceeding before the International Trade Commission 
     that a claim in a patent is invalid on any ground that the 
     petitioner raised during a post-grant review of the claim 
     that resulted in a final written decision under section 
     328(a).
       ``(f) Preliminary Injunctions.--If a civil action alleging 
     infringement of a patent is filed within 3 months of the 
     grant of the patent, the court may not stay its consideration 
     of the patent owner's motion for a preliminary injunction 
     against infringement of the patent on the basis that a 
     petition for post-grant review has been filed or that such a 
     proceeding has been instituted.
       ``(g) Reissue Patents.--A post-grant review may not be 
     instituted if the petition requests cancellation of a claim 
     in a reissue patent that is identical to or narrower than a 
     claim in the original patent from which the reissue patent 
     was issued, and the time limitations in section 321(c) would 
     bar filing a petition for a post-grant review for such 
     original patent.

     ``Sec. 326. Conduct of post-grant review

       ``(a) Regulations.--The Director shall prescribe 
     regulations--
       ``(1) providing that the file of any proceeding under this 
     chapter shall be made available to the public, except that 
     any petition or document filed with the intent that it be 
     sealed shall be accompanied by a motion to seal, and such 
     petition or document shall be treated as sealed pending the 
     outcome of the ruling on the motion;
       ``(2) setting forth the standards for the showing of 
     sufficient grounds to institute a review under subsections 
     (a) and (b) of section 324;
       ``(3) establishing procedures for the submission of 
     supplemental information after the petition is filed;
       ``(4) in accordance with section 2(b)(2), establishing and 
     governing a post-grant review under this chapter and the 
     relationship of such review to other proceedings under this 
     title;
       ``(5) setting forth standards and procedures for discovery 
     of relevant evidence, including that such discovery shall be 
     limited to evidence directly related to factual assertions 
     advanced by either party in the proceeding;
       ``(6) prescribing sanctions for abuse of discovery, abuse 
     of process, or any other improper use of the proceeding, such 
     as to harass or to cause unnecessary delay or an unnecessary 
     increase in the cost of the proceeding;
       ``(7) providing for protective orders governing the 
     exchange and submission of confidential information;
       ``(8) allowing the patent owner to file a response to the 
     petition after a post-grant review has been instituted, and 
     requiring that the patent owner file with such response,

[[Page S138]]

     through affidavits or declarations, any additional factual 
     evidence and expert opinions on which the patent owner relies 
     in support of the response;
       ``(9) setting forth standards and procedures for allowing 
     the patent owner to move to amend the patent under subsection 
     (d) to cancel a challenged claim or propose a reasonable 
     number of substitute claims, and ensuring that any 
     information submitted by the patent owner in support of any 
     amendment entered under subsection (d) is made available to 
     the public as part of the prosecution history of the patent;
       ``(10) providing either party with the right to an oral 
     hearing as part of the proceeding; and
       ``(11) requiring that the final determination in any post-
     grant review be issued not later than 1 year after the date 
     on which the Director notices the institution of a proceeding 
     under this chapter, except that the Director may, for good 
     cause shown, extend the 1-year period by not more than 6 
     months, and may adjust the time periods in this paragraph in 
     the case of joinder under section 325(c).
       ``(b) Considerations.--In prescribing regulations under 
     this section, the Director shall consider the effect of any 
     such regulation on the economy, the integrity of the patent 
     system, the efficient administration of the Office, and the 
     ability of the Office to timely complete proceedings 
     instituted under this chapter.
       ``(c) Patent Trial and Appeal Board.--The Patent Trial and 
     Appeal Board shall, in accordance with section 6, conduct 
     each proceeding authorized by the Director.
       ``(d) Amendment of the Patent.--
       ``(1) In general.--During a post-grant review instituted 
     under this chapter, the patent owner may file 1 motion to 
     amend the patent in 1 or more of the following ways:
       ``(A) Cancel any challenged patent claim.
       ``(B) For each challenged claim, propose a reasonable 
     number of substitute claims.
       ``(2) Additional motions.--Additional motions to amend may 
     be permitted upon the joint request of the petitioner and the 
     patent owner to materially advance the settlement of a 
     proceeding under section 327, or upon the request of the 
     patent owner for good cause shown.
       ``(3) Scope of claims.--An amendment under this subsection 
     may not enlarge the scope of the claims of the patent or 
     introduce new matter.
       ``(e) Evidentiary Standards.--In a post-grant review 
     instituted under this chapter, the petitioner shall have the 
     burden of proving a proposition of unpatentability by a 
     preponderance of the evidence.

     ``Sec. 327. Settlement

       ``(a) In General.--A post-grant review instituted under 
     this chapter shall be terminated with respect to any 
     petitioner upon the joint request of the petitioner and the 
     patent owner, unless the Office has decided the merits of the 
     proceeding before the request for termination is filed. If 
     the post-grant review is terminated with respect to a 
     petitioner under this section, no estoppel under section 
     325(e) shall apply to that petitioner. If no petitioner 
     remains in the post-grant review, the Office may terminate 
     the post-grant review or proceed to a final written decision 
     under section 328(a).
       ``(b) Agreements in Writing.--Any agreement or 
     understanding between the patent owner and a petitioner, 
     including any collateral agreements referred to in such 
     agreement or understanding, made in connection with, or in 
     contemplation of, the termination of a post-grant review 
     under this section shall be in writing, and a true copy of 
     such agreement or understanding shall be filed in the Office 
     before the termination of the post-grant review as between 
     the parties. If any party filing such agreement or 
     understanding so requests, the copy shall be kept separate 
     from the file of the post-grant review, and shall be made 
     available only to Federal Government agencies upon written 
     request, or to any other person on a showing of good cause.

     ``Sec. 328. Decision of the board

       ``(a) Final Written Decision.--If a post-grant review is 
     instituted and not dismissed under this chapter, the Patent 
     Trial and Appeal Board shall issue a final written decision 
     with respect to the patentability of any patent claim 
     challenged by the petitioner and any new claim added under 
     section 326(d).
       ``(b) Certificate.--If the Patent Trial and Appeal Board 
     issues a final written decision under subsection (a) and the 
     time for appeal has expired or any appeal has terminated, the 
     Director shall issue and publish a certificate canceling any 
     claim of the patent finally determined to be unpatentable, 
     confirming any claim of the patent determined to be 
     patentable, and incorporating in the patent by operation of 
     the certificate any new or amended claim determined to be 
     patentable.

     ``Sec. 329. Appeal

       ``A party dissatisfied with the final written decision of 
     the Patent Trial and Appeal Board under section 328(a) may 
     appeal the decision pursuant to sections 141 through 144. Any 
     party to the post-grant review shall have the right to be a 
     party to the appeal.''.
       (e) Technical and Conforming Amendment.--The table of 
     chapters for part III of title 35, United States Code, is 
     amended by adding at the end the following:

``32. Post-Grant Review........................................ 321.''.

       (f) Regulations and Effective Date.--
       (1) Regulations.--The Director shall, not later than the 
     date that is 1 year after the date of the enactment of this 
     Act, issue regulations to carry out chapter 32 of title 35, 
     United States Code, as added by subsection (d) of this 
     section.
       (2) Applicability.--The amendments made by subsection (d) 
     shall take effect on the date that is 1 year after the date 
     of the enactment of this Act and shall apply only to patents 
     issued on or after that date. The Director may impose a limit 
     on the number of post-grant reviews that may be instituted 
     during each of the 4 years following the effective date of 
     subsection (d).
       (3) Pending interferences.--The Director shall determine 
     the procedures under which interferences commenced before the 
     effective date of subsection (d) are to proceed, including 
     whether any such interference is to be dismissed without 
     prejudice to the filing of a petition for a post-grant review 
     under chapter 32 of title 35, United States Code, or is to 
     proceed as if this Act had not been enacted. The Director 
     shall include such procedures in regulations issued under 
     paragraph (1). For purposes of an interference that is 
     commenced before the effective date of subsection (d), the 
     Director may deem the Patent Trial and Appeal Board to be the 
     Board of Patent Appeals and Interferences, and may allow the 
     Patent Trial and Appeal Board to conduct any further 
     proceedings in that interference. The authorization to appeal 
     or have remedy from derivation proceedings in sections 141(d) 
     and 146 of title 35, United States Code, and the jurisdiction 
     to entertain appeals from derivation proceedings in section 
     1295(a)(4)(A) of title 28, United States Code, shall be 
     deemed to extend to final decisions in interferences that are 
     commenced before the effective date of subsection (d) and 
     that are not dismissed pursuant to this paragraph.
       (g) Citation of Prior Art and Written Statements.--
       (1) In general.--Section 301 of title 35, United States 
     Code, is amended to read as follows:

     ``Sec. 301. Citation of prior art and written statements

       ``(a) In General.--Any person at any time may cite to the 
     Office in writing--
       ``(1) prior art consisting of patents or printed 
     publications which that person believes to have a bearing on 
     the patentability of any claim of a particular patent; or
       ``(2) statements of the patent owner filed in a proceeding 
     before a Federal court or the Office in which the patent 
     owner took a position on the scope of any claim of a 
     particular patent.
       ``(b) Official File.--If the person citing prior art or 
     written statements pursuant to subsection (a) explains in 
     writing the pertinence and manner of applying the prior art 
     or written statements to at least 1 claim of the patent, the 
     citation of the prior art or written statements and the 
     explanation thereof shall become a part of the official file 
     of the patent.
       ``(c) Additional Information.--A party that submits a 
     written statement pursuant to subsection (a)(2) shall include 
     any other documents, pleadings, or evidence from the 
     proceeding in which the statement was filed that addresses 
     the written statement.
       ``(d) Limitations.--A written statement submitted pursuant 
     to subsection (a)(2), and additional information submitted 
     pursuant to subsection (c), shall not be considered by the 
     Office for any purpose other than to determine the proper 
     meaning of a patent claim in a proceeding that is ordered or 
     instituted pursuant to section 304, 314, or 324. If any such 
     written statement or additional information is subject to an 
     applicable protective order, it shall be redacted to exclude 
     information that is subject to that order.
       ``(e) Confidentiality.--Upon the written request of the 
     person citing prior art or written statements pursuant to 
     subsection (a), that person's identity shall be excluded from 
     the patent file and kept confidential.''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect 1 year after the date of the enactment of 
     this Act and shall apply to patents issued before, on, or 
     after that effective date.
       (h) Reexamination.--
       (1) Determination by director.--
       (A) In general.--Section 303(a) of title 35, United States 
     Code, is amended by striking ``section 301 of this title'' 
     and inserting ``section 301 or 302''.
       (B) Effective date.--The amendment made by this paragraph 
     shall take effect 1 year after the date of the enactment of 
     this Act and shall apply to patents issued before, on, or 
     after that effective date.
       (2) Appeal.--
       (A) In general.--Section 306 of title 35, United States 
     Code, is amended by striking ``145'' and inserting ``144''.
       (B) Effective date.--The amendment made by this paragraph 
     shall take effect on the date of enactment of this Act and 
     shall apply to appeals of reexaminations that are pending 
     before the Board of Patent Appeals and Interferences or the 
     Patent Trial and Appeal Board on or after the date of the 
     enactment of this Act.

     SEC. 6. PATENT TRIAL AND APPEAL BOARD.

       (a) Composition and Duties.--Section 6 of title 35, United 
     States Code, is amended to read as follows:

     ``Sec. 6. Patent Trial and Appeal Board

       ``(a) There shall be in the Office a Patent Trial and 
     Appeal Board. The Director, the Deputy Director, the 
     Commissioner for Patents, the Commissioner for Trademarks, 
     and

[[Page S139]]

     the administrative patent judges shall constitute the Patent 
     Trial and Appeal Board. The administrative patent judges 
     shall be persons of competent legal knowledge and scientific 
     ability who are appointed by the Secretary, in consultation 
     with the Director. Any reference in any Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of or pertaining to the Board of 
     Patent Appeals and Interferences is deemed to refer to the 
     Patent Trial and Appeal Board.
       ``(b) The Patent Trial and Appeal Board shall--
       ``(1) on written appeal of an applicant, review adverse 
     decisions of examiners upon applications for patents pursuant 
     to section 134(a);
       ``(2) review appeals of reexaminations pursuant to section 
     134(b);
       ``(3) conduct derivation proceedings pursuant to section 
     135; and
       ``(4) conduct inter partes reviews and post-grant reviews 
     pursuant to chapters 31 and 32.
       ``(c) Each appeal, derivation proceeding, post-grant 
     review, and inter partes review shall be heard by at least 3 
     members of the Patent Trial and Appeal Board, who shall be 
     designated by the Director. Only the Patent Trial and Appeal 
     Board may grant rehearings.
       ``(d) The Secretary of Commerce may, in his discretion, 
     deem the appointment of an administrative patent judge who, 
     before the date of the enactment of this subsection, held 
     office pursuant to an appointment by the Director to take 
     effect on the date on which the Director initially appointed 
     the administrative patent judge. It shall be a defense to a 
     challenge to the appointment of an administrative patent 
     judge on the basis of the judge's having been originally 
     appointed by the Director that the administrative patent 
     judge so appointed was acting as a de facto officer.''.
       (b) Administrative Appeals.--Section 134 of title 35, 
     United States Code, is amended--
       (1) in subsection (b), by striking ``any reexamination 
     proceeding'' and inserting ``a reexamination''; and
       (2) by striking subsection (c).
       (c) Circuit Appeals.--
       (1) In general.--Section 141 of title 35, United States 
     Code, is amended to read as follows:

     ``Sec. 141. Appeal to the Court of Appeals for the Federal 
       Circuit

       ``(a) Examinations.--An applicant who is dissatisfied with 
     the final decision in an appeal to the Patent Trial and 
     Appeal Board under section 134(a) may appeal the Board's 
     decision to the United States Court of Appeals for the 
     Federal Circuit. By filing such an appeal, the applicant 
     waives his right to proceed under section 145.
       ``(b) Reexaminations.--A patent owner who is dissatisfied 
     with the final decision in an appeal of a reexamination to 
     the Patent Trial and Appeal Board under section 134(b) may 
     appeal the Board's decision only to the United States Court 
     of Appeals for the Federal Circuit.
       ``(c) Post-grant and Inter Partes Reviews.--A party to a 
     post-grant or inter partes review who is dissatisfied with 
     the final written decision of the Patent Trial and Appeal 
     Board under section 318(a) or 328(a) may appeal the Board's 
     decision only to the United States Court of Appeals for the 
     Federal Circuit.
       ``(d) Derivation Proceedings.--A party to a derivation 
     proceeding who is dissatisfied with the final decision of the 
     Patent Trial and Appeal Board on the proceeding may appeal 
     the decision to the United States Court of Appeals for the 
     Federal Circuit, but such appeal shall be dismissed if any 
     adverse party to such derivation proceeding, within 20 days 
     after the appellant has filed notice of appeal in accordance 
     with section 142, files notice with the Director that the 
     party elects to have all further proceedings conducted as 
     provided in section 146. If the appellant does not, within 30 
     days after the filing of such notice by the adverse party, 
     file a civil action under section 146, the Board's decision 
     shall govern the further proceedings in the case.''.
       (2) Jurisdiction.--Section 1295(a)(4)(A) of title 28, 
     United States Code, is amended to read as follows:
       ``(A) the Patent Trial and Appeal Board of the United 
     States Patent and Trademark Office with respect to patent 
     applications, derivation proceedings, reexaminations, post-
     grant reviews, and inter partes reviews at the instance of a 
     party who exercised his right to participate in a proceeding 
     before or appeal to the Board, except that an applicant or a 
     party to a derivation proceeding may also have remedy by 
     civil action pursuant to section 145 or 146 of title 35. An 
     appeal under this subparagraph of a decision of the Board 
     with respect to an application or derivation proceeding shall 
     waive the right of such applicant or party to proceed under 
     section 145 or 146 of title 35;''.
       (3) Proceedings on appeal.--Section 143 of title 35, United 
     States Code, is amended--
       (A) by striking the third sentence and inserting the 
     following: ``In an ex parte case, the Director shall submit 
     to the court in writing the grounds for the decision of the 
     Patent and Trademark Office, addressing all of the issues 
     raised in the appeal. The Director shall have the right to 
     intervene in an appeal from a decision entered by the Patent 
     Trial and Appeal Board in a derivation proceeding under 
     section 135 or in an inter partes or post-grant review under 
     chapter 31 or 32.''; and
       (B) by repealing the second of the two identical fourth 
     sentences.
       (d) Effective Date.--The amendments made by this section 
     shall take effect 1 year after the date of the enactment of 
     this Act and shall apply to proceedings commenced on or after 
     that effective date, except that--
       (1) the extension of jurisdiction to the United States 
     Court of Appeals for the Federal Circuit to entertain appeals 
     of decisions of the Patent Trial and Appeal Board in 
     reexaminations under the amendment made by subsection (c)(2) 
     shall be deemed to take effect on the date of enactment of 
     this Act and shall extend to any decision of the Board of 
     Patent Appeals and Interferences with respect to a 
     reexamination that is entered before, on, or after the date 
     of the enactment of this Act;
       (2) the provisions of sections 6, 134, and 141 of title 35, 
     United States Code, in effect on the day prior to the date of 
     the enactment of this Act shall continue to apply to inter 
     partes reexaminations that are requested under section 311 
     prior to the date that is 1 year after the date of the 
     enactment of this Act;
       (3) the Patent Trial and Appeal Board may be deemed to be 
     the Board of Patent Appeals and Interferences for purposes of 
     appeals of inter partes reexaminations that are requested 
     under section 311 prior to the date that is 1 year after the 
     date of the enactment of this Act; and
       (4) the Director's right under the last sentence of section 
     143 of title 35, United States Code, as amended by subsection 
     (c)(3), to intervene in an appeal from a decision entered by 
     the Patent Trial and Appeal Board shall be deemed to extend 
     to inter partes reexaminations that are requested under 
     section 311 prior to the date that is 1 year after the date 
     of the enactment of this Act.

     SEC. 7. PREISSUANCE SUBMISSIONS BY THIRD PARTIES.

       (a) In General.--Section 122 of title 35, United States 
     Code, is amended by adding at the end the following:
       ``(e) Preissuance Submissions by Third Parties.--
       ``(1) In general.--Any third party may submit for 
     consideration and inclusion in the record of a patent 
     application, any patent, published patent application, or 
     other printed publication of potential relevance to the 
     examination of the application, if such submission is made in 
     writing before the earlier of--
       ``(A) the date a notice of allowance under section 151 is 
     given or mailed in the application for patent; or
       ``(B) the later of--
       ``(i) 6 months after the date on which the application for 
     patent is first published under section 122 by the Office, or
       ``(ii) the date of the first rejection under section 132 of 
     any claim by the examiner during the examination of the 
     application for patent.
       ``(2) Other requirements.--Any submission under paragraph 
     (1) shall--
       ``(A) set forth a concise description of the asserted 
     relevance of each submitted document;
       ``(B) be accompanied by such fee as the Director may 
     prescribe; and
       ``(C) include a statement by the person making such 
     submission affirming that the submission was made in 
     compliance with this section.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect 1 year after the date of the enactment of 
     this Act and shall apply to patent applications filed before, 
     on, or after that effective date.

     SEC. 8. VENUE.

       (a) Change of Venue.--Section 1400 of title 28, Unite 
     States Code, is amended by adding at the end the following:
       ``(c) Change of Venue.--For the convenience of parties and 
     witnesses, in the interest of justice, a district court shall 
     transfer any civil action arising under any Act of Congress 
     relating to patents upon a showing that the transferee venue 
     is clearly more convenient than the venue in which the civil 
     action is pending.''.
       (b) Technical Amendments Relating to Venue.--Sections 32, 
     145, 146, 154(b)(4)(A), and 293 of title 35, United States 
     Code, and section 21(b)(4) of the Act entitled ``An Act to 
     provide for the registration and protection of trademarks 
     used in commerce, to carry out the provisions of certain 
     international conventions, and for other purposes'', approved 
     July 5, 1946 (commonly referred to as the ``Trademark Act of 
     1946'' or the ``Lanham Act''; 15 U.S.C. 1071(b)(4)), are each 
     amended by striking ``United States District Court for the 
     District of Columbia'' each place that term appears and 
     inserting ``United States District Court for the Eastern 
     District of Virginia''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect upon the date of the enactment of this Act 
     and shall apply to civil actions commenced on or after that 
     date.

     SEC. 9. FEE SETTING AUTHORITY.

       (a) Fee Setting.--
       (1) In general.--The Director shall have authority to set 
     or adjust by rule any fee established or charged by the 
     Office under sections 41 and 376 of title 35, United States 
     Code, or under section 31 of the Trademark Act of 1946 (15 
     U.S.C. 1113), or any other fee established or charged by the 
     Office under any other provision of law, notwithstanding the 
     fee amounts established or charged thereunder, for the filing 
     or processing of

[[Page S140]]

     any submission to, and for all other services performed by or 
     materials furnished by, the Office, provided that patent and 
     trademark fee amounts are in the aggregate set to recover the 
     estimated cost to the Office for processing, activities, 
     services and materials relating to patents and trademarks, 
     respectively, including proportionate shares of the 
     administrative costs of the Office.
       (2) Small and micro entities.--The fees established under 
     paragraph (1) for filing, processing, issuing, and 
     maintaining patent applications and patents shall be reduced 
     by 50 percent with respect to their application to any small 
     entity that qualifies for reduced fees under section 41(h)(1) 
     of title 35, United States Code, and shall be reduced by 75 
     percent with respect to their application to any micro entity 
     as defined in section 123 of that title.
       (3) Reduction of fees in certain fiscal years.--In any 
     fiscal year, the Director--
       (A) shall consult with the Patent Public Advisory Committee 
     and the Trademark Public Advisory Committee on the 
     advisability of reducing any fees described in paragraph (1); 
     and
       (B) after the consultation required under subparagraph (A), 
     may reduce such fees.
       (4) Role of the public advisory committee.--The Director 
     shall--
       (A) submit to the Patent Public Advisory Committee or the 
     Trademark Public Advisory Committee, or both, as appropriate, 
     any proposed fee under paragraph (1) not less than 45 days 
     before publishing any proposed fee in the Federal Register;
       (B) provide the relevant advisory committee described in 
     subparagraph (A) a 30-day period following the submission of 
     any proposed fee, on which to deliberate, consider, and 
     comment on such proposal, and require that--
       (i) during such 30-day period, the relevant advisory 
     committee hold a public hearing related to such proposal; and
       (ii) the Director shall assist the relevant advisory 
     committee in carrying out such public hearing, including by 
     offering the use of Office resources to notify and promote 
     the hearing to the public and interested stakeholders;
       (C) require the relevant advisory committee to make 
     available to the public a written report detailing the 
     comments, advice, and recommendations of the committee 
     regarding any proposed fee;
       (D) consider and analyze any comments, advice, or 
     recommendations received from the relevant advisory committee 
     before setting or adjusting any fee; and
       (E) notify, through the Chair and Ranking Member of the 
     Senate and House Judiciary Committees, the Congress of any 
     final rule setting or adjusting fees under paragraph (1).
       (5) Publication in the federal register.--
       (A) In general.--Any rules prescribed under this subsection 
     shall be published in the Federal Register.
       (B) Rationale.--Any proposal for a change in fees under 
     this section shall--
       (i) be published in the Federal Register; and
       (ii) include, in such publication, the specific rationale 
     and purpose for the proposal, including the possible 
     expectations or benefits resulting from the proposed change.
       (C) Public comment period.--Following the publication of 
     any proposed fee in the Federal Register pursuant to 
     subparagraph (A), the Director shall seek public comment for 
     a period of not less than 45 days.
       (6) Congressional comment period.--Following the 
     notification described in paragraph (3)(E), Congress shall 
     have not more than 45 days to consider and comment on any 
     final rule setting or adjusting fees under paragraph (1). No 
     fee set or adjusted under paragraph (1) shall be effective 
     prior to the end of such 45-day comment period.
       (7) Rule of construction.--No rules prescribed under this 
     subsection may diminish--
       (A) an applicant's rights under title 35, United States 
     Code, or the Trademark Act of 1946; or
       (B) any rights under a ratified treaty.
       (b) Fees for Patent Services.--Division B of Public Law 
     108-447 is amended in title VIII of the Departments of 
     Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act, 2005--
       (1) in subsections (a), (b), and (c) of section 801, by--
       (A) striking ``During'' and all that follows through `` 
     2006, subsection'' and inserting ``Subsection''; and
       (B) striking ``shall be administered as though that 
     subsection reads'' and inserting ``is amended to read'';
       (2) in subsection (d) of section 801, by striking 
     ``During'' and all that follows through `` 2006, subsection'' 
     and inserting ``Subsection''; and
       (3) in subsection (e) of section 801, by--
       (A) striking ``During'' and all that follows through 
     ``2006, subsection'' and inserting ``Subsection''; and
       (B) striking ``shall be administered as though that 
     subsection''.
       (c) Adjustment of Trademark Fees.----Division B of Public 
     Law 108-447 is amended in title VIII of the Departments of 
     Commerce, Justice and State, the Judiciary and Related 
     Agencies Appropriations Act, 2005, in section 802(a) by 
     striking ``During fiscal years 2005, 2006 and 2007'', and 
     inserting ``Until such time as the Director sets or adjusts 
     the fees otherwise,''.
       (d) Effective Date, Applicability, and Transition 
     Provisions.--Division B of Public Law 108-447 is amended in 
     title VIII of the Departments of Commerce, Justice and State, 
     the Judiciary and Related Agencies Appropriations Act, 2005, 
     in section 803(a) by striking ``and shall apply only with 
     respect to the remaining portion of fiscal year 2005, 2006 
     and 2007''.
       (e) Statutory Authority.--Section 41(d)(1)(A) of title 35, 
     United States Code, is amended by striking ``, and the 
     Director may not increase any such fee thereafter''.
       (f) Rule of Construction.--Nothing in this section shall be 
     construed to affect any other provision of Division B of 
     Public Law 108-447, including section 801(c) of title VIII of 
     the Departments of Commerce, Justice and State, the Judiciary 
     and Related Agencies Appropriations Act, 2005.
       (g) Definitions.--In this section, the following 
     definitions shall apply:
       (1) Director.--The term ``Director'' means the Director of 
     the United States Patent and Trademark Office.
       (2) Office.--The term ``Office'' means the United States 
     Patent and Trademark Office.
       (3) Trademark act of 1946.--The term ``Trademark Act of 
     1946'' means an Act entitled ``Act to provide for the 
     registration and protection of trademarks used in commerce, 
     to carry out the provisions of certain international 
     conventions, and for other purposes'', approved July 5, 1946 
     (15 U.S.C. 1051 et seq.) (commonly referred to as the 
     Trademark Act of 1946 or the Lanham Act).
       (h) Electronic Filing Incentive.--
       (1) In general.--Notwithstanding any other provision of 
     this section, a fee of $400 shall be established for each 
     application for an original patent, except for a design, 
     plant, or provisional application, that is not filed by 
     electronic means as prescribed by the Director. The fee 
     established by this subsection shall be reduced 50 percent 
     for small entities that qualify for reduced fees under 
     section 41(h)(1) of title 35, United States Code. All fees 
     paid under this subsection shall be deposited in the Treasury 
     as an offsetting receipt that shall not be available for 
     obligation or expenditure.
       (2) Effective date.--This subsection shall become effective 
     60 days after the date of the enactment of this Act.
       (i) Effective Date.--Except as provided in subsection (h), 
     the provisions of this section shall take effect upon the 
     date of the enactment of this Act.

     SEC. 10. SUPPLEMENTAL EXAMINATION.

       (a) In General.--Chapter 25 of title 35, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 257. Supplemental examinations to consider, 
       reconsider, or correct information

       ``(a) In General.--A patent owner may request supplemental 
     examination of a patent in the Office to consider, 
     reconsider, or correct information believed to be relevant to 
     the patent. Within 3 months of the date a request for 
     supplemental examination meeting the requirements of this 
     section is received, the Director shall conduct the 
     supplemental examination and shall conclude such examination 
     by issuing a certificate indicating whether the information 
     presented in the request raises a substantial new question of 
     patentability.
       ``(b) Reexamination Ordered.--If a substantial new question 
     of patentability is raised by 1 or more items of information 
     in the request, the Director shall order reexamination of the 
     patent. The reexamination shall be conducted according to 
     procedures established by chapter 30, except that the patent 
     owner shall not have the right to file a statement pursuant 
     to section 304. During the reexamination, the Director shall 
     address each substantial new question of patentability 
     identified during the supplemental examination, 
     notwithstanding the limitations therein relating to patents 
     and printed publication or any other provision of chapter 30.
       ``(c) Effect.--
       ``(1) In general.--A patent shall not be held unenforceable 
     on the basis of conduct relating to information that had not 
     been considered, was inadequately considered, or was 
     incorrect in a prior examination of the patent if the 
     information was considered, reconsidered, or corrected during 
     a supplemental examination of the patent. The making of a 
     request under subsection (a), or the absence thereof, shall 
     not be relevant to enforceability of the patent under section 
     282.
       ``(2) Exceptions.--
       ``(A) Prior allegations.--This subsection shall not apply 
     to an allegation pled with particularity, or set forth with 
     particularity in a notice received by the patent owner under 
     section 505(j)(2)(B)(iv)(II) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 355(j)(2)(B)(iv)(II)), before the 
     date of a supplemental-examination request under subsection 
     (a) to consider, reconsider, or correct information forming 
     the basis for the allegation.
       ``(B) Patent enforcement actions.--In an action brought 
     under section 337(a) of the Tariff Act of 1930 (19 U.S.C. 
     1337(a)), or section 281 of this title, this subsection shall 
     not apply to any defense raised in the action that is based 
     upon information that was considered, reconsidered, or 
     corrected pursuant to a supplemental-examination request 
     under subsection (a) unless the supplemental examination, and 
     any reexamination ordered pursuant to the request, are 
     concluded before the date on which the action is brought.
       ``(d) Fees and Regulations.--The Director shall, by 
     regulation, establish fees for the submission of a request 
     for supplemental examination of a patent, and to consider 
     each item of information submitted in the request. If 
     reexamination is ordered pursuant

[[Page S141]]

     to subsection (a), fees established and applicable to ex 
     parte reexamination proceedings under chapter 30 shall be 
     paid in addition to fees applicable to supplemental 
     examination. The Director shall promulgate regulations 
     governing the form, content, and other requirements of 
     requests for supplemental examination, and establishing 
     procedures for conducting review of information submitted in 
     such requests.
       ``(e) Rule of Construction.--Nothing in this section shall 
     be construed--
       ``(1) to preclude the imposition of sanctions based upon 
     criminal or antitrust laws (including section 1001(a) of 
     title 18, the first section of the Clayton Act, and section 5 
     of the Federal Trade Commission Act to the extent that 
     section relates to unfair methods of competition);
       ``(2) to limit the authority of the Director to investigate 
     issues of possible misconduct and impose sanctions for 
     misconduct in connection with matters or proceedings before 
     the Office; or
       ``(3) to limit the authority of the Director to promulgate 
     regulations under chapter 3 relating to sanctions for 
     misconduct by representatives practicing before the 
     Office.''.
       (b) Effective Date.--This section shall take effect 1 year 
     after the date of the enactment of this Act and shall apply 
     to patents issued before, on, or after that date.

     SEC. 11. RESIDENCY OF FEDERAL CIRCUIT JUDGES.

       (a) Residency.--The second sentence of section 44(c) of 
     title 28, United States Code, is repealed.
       (b) Facilities.--Section 44 of title 28, United States 
     Code, is amended by adding at the end the following:
       ``(e)(1) The Director of the Administrative Office of the 
     United States Courts shall provide--
       ``(A) a judge of the Federal judicial circuit who lives 
     within 50 miles of the District of Columbia with appropriate 
     facilities and administrative support services in the 
     District of the District of Columbia; and
       ``(B) a judge of the Federal judicial circuit who does not 
     live within 50 miles of the District of Columbia with 
     appropriate facilities and administrative support services--
       ``(i) in the district and division in which that judge 
     resides; or
       ``(ii) if appropriate facilities are not available in the 
     district and division in which that judge resides, in the 
     district and division closest to the residence of that judge 
     in which such facilities are available, as determined by the 
     Director.
       ``(2) Nothing in this subsection may be construed to 
     authorize or require the construction of new facilities.''.

     SEC. 12. MICRO ENTITY DEFINED.

       Chapter 11 of title 35, United States Code, is amended by 
     adding at the end the following new section:

     ``Sec. 123. Micro entity defined

       ``(a) In General.--For purposes of this title, the term 
     `micro entity' means an applicant who makes a certification 
     under either subsection (b) or (c).
       ``(b) Unassigned Application.--For an unassigned 
     application, each applicant shall certify that the 
     applicant--
       ``(1) qualifies as a small entity, as defined in 
     regulations issued by the Director;
       ``(2) has not been named on 5 or more previously filed 
     patent applications;
       ``(3) has not assigned, granted, or conveyed, and is not 
     under an obligation by contract or law to assign, grant, or 
     convey, a license or any other ownership interest in the 
     particular application; and
       ``(4) does not have a gross income, as defined in section 
     61(a) of the Internal Revenue Code (26 U.S.C. 61(a)), 
     exceeding 2.5 times the average gross income, as reported by 
     the Department of Labor, in the calendar year immediately 
     preceding the calendar year in which the examination fee is 
     being paid.
       ``(c) Assigned Application.--For an assigned application, 
     each applicant shall certify that the applicant--
       ``(1) qualifies as a small entity, as defined in 
     regulations issued by the Director, and meets the 
     requirements of subsection (b)(4);
       ``(2) has not been named on 5 or more previously filed 
     patent applications; and
       ``(3) has assigned, granted, conveyed, or is under an 
     obligation by contract or law to assign, grant, or convey, a 
     license or other ownership interest in the particular 
     application to an entity that has 5 or fewer employees and 
     that such entity has a gross income, as defined in section 
     61(a) of the Internal Revenue Code (26 U.S.C. 61(a)), that 
     does not exceed 2.5 times the average gross income, as 
     reported by the Department of Labor, in the calendar year 
     immediately preceding the calendar year in which the 
     examination fee is being paid.
       ``(d) Income Level Adjustment.--The gross income levels 
     established under subsections (b) and (c) shall be adjusted 
     by the Director on October 1, 2009, and every year 
     thereafter, to reflect any fluctuations occurring during the 
     previous 12 months in the Consumer Price Index, as determined 
     by the Secretary of Labor.''.

     SEC. 13. FUNDING AGREEMENTS.

       (a) In General.--Section 202(c)(7)(E)(i) of title 35, 
     United States Code, is amended--
       (1) by striking ``75 percent'' and inserting ``15 
     percent''; and
       (2) by striking ``25 percent'' and inserting ``85 
     percent''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act and 
     shall apply to patents issued before, on, or after that date.

     SEC. 14. TAX STRATEGIES DEEMED WITHIN THE PRIOR ART.

       (a) In General.--For purposes of evaluating an invention 
     under section 102 or 103 of title 35, United States Code, any 
     strategy for reducing, avoiding, or deferring tax liability, 
     whether known or unknown at the time of the invention or 
     application for patent, shall be deemed insufficient to 
     differentiate a claimed invention from the prior art.
       (b) Definition.--For purposes of this section, the term 
     ``tax liability'' refers to any liability for a tax under any 
     Federal, State, or local law, or the law of any foreign 
     jurisdiction, including any statute, rule, regulation, or 
     ordinance that levies, imposes, or assesses such tax 
     liability.
       (c) Effective Date; Applicability.--This section shall take 
     effect on the date of enactment of this Act and shall apply 
     to any patent application pending and any patent issued on or 
     after that date.

     SEC. 15. BEST MODE REQUIREMENT.

       (a) In General.--Section 282 of title 35, United State 
     Code, is amended in its second undesignated paragraph by 
     striking paragraph (3) and inserting the following:
       ``(3) Invalidity of the patent or any claim in suit for 
     failure to comply with--
       ``(A) any requirement of section 112, except that the 
     failure to disclose the best mode shall not be a basis on 
     which any claim of a patent may be canceled or held invalid 
     or otherwise unenforceable; or
       ``(B) any requirement of section 251.''.
       (b) Conforming Amendment.--Sections 119(e)(1) and 120 of 
     title 35, United States Code, are each amended by striking 
     ``the first paragraph of section 112 of this title'' and 
     inserting ``section 112(a) (other than the requirement to 
     disclose the best mode)''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect upon the date of the enactment of this Act 
     and shall apply to proceedings commenced on or after that 
     date.

     SEC. 16. TECHNICAL AMENDMENTS.

       (a) Joint Inventions.--Section 116 of title 35, United 
     States Code, is amended--
       (1) in the first paragraph, by striking ``When'' and 
     inserting ``(a) Joint Inventions.--When'';
       (2) in the second paragraph, by striking ``If a joint 
     inventor'' and inserting ``(b) Omitted Inventor.--If a joint 
     inventor''; and
       (3) in the third paragraph--
       (A) by striking ``Whenever'' and inserting ``(c) Correction 
     of Errors in Application.--Whenever''; and
       (B) by striking ``and such error arose without any 
     deceptive intent on his part,''.
       (b) Filing of Application in Foreign Country.--Section 184 
     of title 35, United States Code, is amended--
       (1) in the first paragraph--
       (A) by striking ``Except when'' and inserting ``(a) Filing 
     in Foreign Country.--Except when''; and
       (B) by striking ``and without deceptive intent'';
       (2) in the second paragraph, by striking ``The term'' and 
     inserting ``(b) Application.--The term''; and
       (3) in the third paragraph, by striking ``The scope'' and 
     inserting ``(c) Subsequent Modifications, Amendments, and 
     Supplements.--The scope''.
       (c) Filing Without a License.--Section 185 of title 35, 
     United States Code, is amended by striking ``and without 
     deceptive intent''.
       (d) Reissue of Defective Patents.--Section 251 of title 35, 
     United States Code, is amended--
       (1) in the first paragraph--
       (A) by striking ``Whenever'' and inserting ``(a) In 
     General.--Whenever''; and
       (B) by striking ``without any deceptive intention'';
       (2) in the second paragraph, by striking ``The Director'' 
     and inserting ``(b) Multiple Reissued Patents.--The 
     Director'';
       (3) in the third paragraph, by striking ``The provisions'' 
     and inserting ``(c) Applicability of This Title.--The 
     provisions''; and
       (4) in the last paragraph, by striking ``No reissued 
     patent'' and inserting ``(d) Reissue Patent Enlarging Scope 
     of Claims.--No reissued patent''.
       (e) Effect of Reissue.--Section 253 of title 35, United 
     States Code, is amended--
       (1) in the first paragraph, by striking ``Whenever, without 
     any deceptive intention'' and inserting ``(a) In General.--
     Whenever''; and
       (2) in the second paragraph, by striking ``in like manner'' 
     and inserting ``(b) Additional Disclaimer or Dedication.--In 
     the manner set forth in subsection (a),''.
       (f) Correction of Named Inventor.--Section 256 of title 35, 
     United States Code, is amended--
       (1) in the first paragraph--
       (A) by striking ``Whenever'' and inserting ``(a) 
     Correction.--Whenever''; and
       (B) by striking ``and such error arose without any 
     deceptive intention on his part''; and
       (2) in the second paragraph, by striking ``The error'' and 
     inserting ``(b) Patent Valid if Error Corrected.--The 
     error''.
       (g) Presumption of Validity.--Section 282 of title 35, 
     United States Code, is amended--
       (1) in the first undesignated paragraph--
       (A) by striking ``A patent'' and inserting ``(a) In 
     General.--A patent''; and
       (B) by striking the third sentence;
       (2) in the second undesignated paragraph, by striking ``The 
     following'' and inserting ``(b) Defenses.--The following''; 
     and

[[Page S142]]

       (3) in the third undesignated paragraph, by striking ``In 
     actions'' and inserting ``(c) Notice of Actions; Actions 
     During Extension of Patent Term.--In actions''.
       (h) Action for Infringement.--Section 288 of title 35, 
     United States Code, is amended by striking ``, without 
     deceptive intention,''.
       (i) Reviser's Notes.--
       (1) Section 3(e)(2) of title 35, United States Code, is 
     amended by striking ``this Act,'' and inserting ``that 
     Act,''.
       (2) Section 202(b)(3) of title 35, United States Code, is 
     amended by striking ``the section 203(b)'' and inserting 
     ``section 203(b)''; and
       (3) Section 209(d)(1) of title 35, United States Code, is 
     amended by striking ``nontransferrable'' and inserting 
     ``nontransferable''.
       (4) Section 287(c)(2)(G) of title 35, United States Code, 
     is amended by striking ``any state'' and inserting ``any 
     State''.
       (5) Section 371(b) of title 35, United States Code, is 
     amended by striking ``of the treaty'' and inserting ``of the 
     treaty.''.
       (j) Unnecessary References.--
       (1) In general.--Title 35, United States Code, is amended 
     by striking ``of this title'' each place that term appears.
       (2) Exception.--The amendment made by paragraph (1) shall 
     not apply to the use of such term in the following sections 
     of title 35, United States Code:
       (A) Section 1(c).
       (B) Section 101.
       (C) Subsections (a) and (b) of section 105.
       (D) The first instance of the use of such term in section 
     111(b)(8).
       (E) Section 157(a).
       (F) Section 161.
       (G) Section 164.
       (H) Section 171.
       (I) Section 251(c), as so designated by this section.
       (J) Section 261.
       (K) Subsections (g) and (h) of section 271.
       (L) Section 287(b)(1).
       (M) Section 289.
       (N) The first instance of the use of such term in section 
     375(a).
       (k) Effective Date.--The amendments made by this section 
     shall take effect 1 year after the date of the enactment of 
     this Act and shall apply to proceedings commenced on or after 
     that effective date.

     SEC. 17. EFFECTIVE DATE; RULE OF CONSTRUCTION.

       (a) Effective Date.--Except as otherwise provided in this 
     Act, the provisions of this Act shall take effect 1 year 
     after the date of the enactment of this Act and shall apply 
     to any patent issued on or after that effective date.
       (b) Continuity of Intent Under the Create Act.--The 
     enactment of section 102(c) of title 35, United States Code, 
     under section (2)(b) of this Act is done with the same intent 
     to promote joint research activities that was expressed, 
     including in the legislative history, through the enactment 
     of the Cooperative Research and Technology Enhancement Act of 
     2004 (Public Law 108-453; the ``CREATE Act''), the amendments 
     of which are stricken by section 2(c) of this Act. The United 
     States Patent and Trademark Office shall administer section 
     102(c) of title 35, United States Code, in a manner 
     consistent with the legislative history of the CREATE Act 
     that was relevant to its administration by the United States 
     Patent and Trademark Office.

  Mr. HATCH. Mr. President, I rise to express support for the Patent 
Reform Act of 2011, S. 23, introduced today by Senate Judiciary 
Committee Chairman Patrick Leahy. Senator Leahy and I, along with a 
number of our colleagues, have worked for years to enact much-needed 
reform to our Nation's patent system.
  Last Congress, the Managers' Amendment to the Patent Reform Act of 
2009, S. 515, enjoyed strong bipartisan support for Senate floor 
consideration and passage; the momentum undoubtedly will continue under 
the leadership of Judiciary Committee Chairman Leahy and Ranking 
Minority Member Charles Grassley. Similarly, House Judiciary Committee 
Chairman Lamar Smith and Ranking Minority Member John Conyers are true 
partners in this important legislation. They share the same desire to 
streamline our patent system in a way that will improve the clarity and 
quality of patents issued by the U.S. Patent and Trademark Office, 
USPTO, which in return will provide greater confidence in their 
validity and enforcement.
  I have said this before, but it bears repeating: we must ensure that 
our patent system is as strong and vibrant as possible, not only to 
protect our country's premier position as the world leader in 
innovation, but also to secure our economic future. Patents encourage 
technological advancement by providing incentives to invent, invest in, 
and disclose new technology. Now, more than ever, it is important to 
ensure efficiency and increased quality in the issuance of patents. 
This in turn will create an environment that fosters entrepreneurship 
and the creation of new jobs.
  One single deployed patent has positive effects across almost all 
sectors of our economy. As a result, properly examined patents, 
promptly issued by the USPTO, creates jobs--jobs that are dedicated to 
developing and producing new products and services. Unfortunately, the 
current USPTO backlog of applications now exceeds 700,000 applications. 
The sheer volume of patent applications not only reflects the vibrant, 
innovative spirit that has made America a world-wide leader in science, 
engineering, and technology, but also represents dynamic economic 
growth waiting to be unleashed.
  If enacted, the Patent Reform Act of 2011 would move the United 
States to a first-inventor-to-file system, which will bring greater 
harmony and improve our competiveness. Also, among other things, the 
bill would improve the system for administratively challenging the 
validity of a patent at the USPTO; improve patent quality; create a 
supplemental examination process for patent owners; prevent patents 
from being issued on claims for tax strategies; and provide fee-setting 
authority for the USPTO Director to ensure the Office is properly 
funded.
  This bipartisan bill also contains provisions on venue; changes to 
the best mode; increased incentives for government laboratories to 
commercialize inventions; restrictions on false marking claims, and 
removes restrictions on the residency of Federal Circuit judges.
  We have been working on this legislation since 2006. Reforming our 
patent system is a critical priority whose time has more than come. It 
is essential to growing our economy, creating jobs and promoting 
innovation in our Nation. I encourage my colleagues to join in this 
effort and help move this important legislation forward.
                                 ______
                                 
      By Mrs. SHAHEEN (for herself, Mr. Kirk, and Mr. Durbin):
  S. 25. A bill to phase out the Federal sugar program, and for other 
purposes; to the Committee on Agriculture, Nutrition, and Forestry.
  Mrs. SHAHEEN. 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. 25

       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 ``Stop Unfair Giveaways and 
     Restrictions Act of 2011'' or ``SUGAR Act of 2011''.

     SEC. 2. SUGAR PROGRAM.

       (a) In General.--Section 156 of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 7272) is 
     amended--
       (1) in subsection (d), by striking paragraph (1) and 
     inserting the following:
       ``(1) Loans.--The Secretary shall carry out this section 
     through the use of recourse loans.'';
       (2) by redesignating subsection (i) as subsection (j);
       (3) by inserting after subsection (h) the following:
       ``(i) Phased Reduction of Loan Rate.--For each of the 2012, 
     2013, and 2014 crops of sugar beets and sugarcane, the 
     Secretary shall lower the loan rate for each succeeding crop 
     in a manner that progressively and uniformly lowers the loan 
     rate for sugar beets and sugarcane to $0 for the 2015 
     crop.''; and
       (4) in subsection (j) (as redesignated), by striking 
     ``2012'' and inserting ``2014''.
       (b) Prospective Repeal.--Effective beginning with the 2015 
     crop of sugar beets and sugarcane, section 156 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7272) is repealed.

     SEC. 3. ELIMINATION OF SUGAR PRICE SUPPORT AND PRODUCTION 
                   ADJUSTMENT PROGRAMS.

       (a) In General.--Notwithstanding any other provision of 
     law--
       (1) a processor of any of the 2015 or subsequent crops of 
     sugarcane or sugar beets shall not be eligible for a loan 
     under any provision of law with respect to the crop; and
       (2) the Secretary of Agriculture may not make price support 
     available, whether in the form of a loan, payment, purchase, 
     or other operation, for any of the 2015 and subsequent crops 
     of sugar beets and sugarcane by using the funds of the 
     Commodity Credit Corporation or other funds available to the 
     Secretary.
       (b) Termination of Marketing Quotas and Allotments.--
       (1) In general.--Part VII of subtitle B of title III of the 
     Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.) 
     is repealed.
       (2) Conforming amendment.--Section 344(f)(2) of the 
     Agricultural Adjustment Act of 1938 (7 U.S.C. 1344(f)(2)) is 
     amended by striking ``sugar cane for sugar, sugar beets for 
     sugar,''.
       (c) General Powers.--
       (1) Section 32 activities.--Section 32 of the Act of August 
     24, 1935 (7 U.S.C. 612c), is

[[Page S143]]

     amended in the second sentence of the first paragraph--
       (A) in paragraph (1), by inserting ``(other than sugar 
     beets and sugarcane)'' after ``commodities''; and
       (B) in paragraph (3), by inserting ``(other than sugar 
     beets and sugarcane)'' after ``commodity''.
       (2) Powers of commodity credit corporation.--Section 5(a) 
     of the Commodity Credit Corporation Charter Act (15 U.S.C. 
     714c(a)) is amended by inserting ``, sugar beets, and 
     sugarcane'' after ``tobacco''.
       (3) Price support for nonbasic agricultural commodities.--
     Section 201(a) of the Agricultural Act of 1949 (7 U.S.C. 
     1446(a)) is amended by striking ``milk, sugar beets, and 
     sugarcane'' and inserting ``, and milk''.
       (4) Commodity credit corporation storage payments.--Section 
     167 of the Federal Agriculture Improvement and Reform Act of 
     1996 (7 U.S.C. 7287) is repealed.
       (5) Suspension and repeal of permanent price support 
     authority.--Section 171(a)(1) of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 7301(a)(1)) is 
     amended--
       (A) by striking subparagraph (E); and
       (B) by redesignating subparagraphs (F) through (I) as 
     subparagraphs (E) through (H), respectively.
       (6) Storage facility loans.--Section 1402(c) of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C. 7971) is 
     repealed.
       (7) Feedstock flexibility program for bioenergy 
     producers.--Effective beginning with the 2013 crop of sugar 
     beets and sugarcane, section 9010 of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 8110) is repealed.
       (d) Transition Provisions.--This section and the amendments 
     made by this section shall not affect the liability of any 
     person under any provision of law as in effect before the 
     application of this section and the amendments made by this 
     section.

     SEC. 4. TARIFF-RATE QUOTAS.

       (a) Establishment.--Except as provided in subsection (c) 
     and notwithstanding any other provision of law, not later 
     than October 1, 2011, the Secretary of Agriculture shall 
     develop and implement a program to increase the tariff-rate 
     quotas for raw cane sugar and refined sugars for a quota year 
     in a manner that ensures--
       (1) a robust and competitive sugar processing industry in 
     the United States; and
       (2) an adequate supply of sugar at reasonable prices in the 
     United States.
       (b) Factors.--In determining the tariff-rate quotas 
     necessary to satisfy the requirements of subsection (a), the 
     Secretary shall consider the following:
       (1) The quantity and quality of sugar that will be subject 
     to human consumption in the United States during the quota 
     year.
       (2) The quantity and quality of sugar that will be 
     available from domestic processing of sugarcane, sugar beets, 
     and in-process beet sugar.
       (3) The quantity of sugar that would provide for reasonable 
     carryover stocks.
       (4) The quantity of sugar that will be available from 
     carryover stocks for human consumption in the United States 
     during the quota year.
       (5) Consistency with the obligations of the United States 
     under international agreements.
       (c) Exemption.--Subsection (a) shall not include specialty 
     sugar.
       (d) Definitions.--In this section, the terms ``quota year'' 
     and ``human consumption'' have the meaning such terms had 
     under section 359k of the Agricultural Adjustment Act of 1938 
     (7 U.S.C. 1359kk) (as in effect on the day before the date of 
     the enactment of this Act).

     SEC. 5. APPLICATION.

       Except as otherwise provided in this Act, this Act and the 
     amendments made by this Act shall apply beginning with the 
     2012 crop of sugar beets and sugarcane.
                                 ______
                                 
      By Mrs. SHAHEEN:
  S. 26. A bill to amend the Internal Revenue Code of 1986 to repeal 
the percentage depletion allowance for certain hardrock mines, and to 
use the resulting revenues from such repeal for deficit reduction; to 
the Committee on Finance.
  Mrs. SHAHEEN. 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. 26

       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 ``Elimination of Double 
     Subsidies for the Hardrock Mining Industry Act of 2011''.

     SEC. 2. REPEAL OF PERCENTAGE DEPLETION ALLOWANCE FOR CERTAIN 
                   HARDROCK MINES.

       (a) In General.--Section 613(a) of the Internal Revenue 
     Code of 1986 is amended by inserting ``(other than hardrock 
     mines located on lands subject to the general mining laws or 
     on land patented under the general mining laws)'' after ``In 
     the case of the mines''.
       (b) General Mining Laws Defined.--Section 613 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following:
       ``(f) General Mining Laws.--For purposes of subsection (a), 
     the term `general mining laws' means those Acts which 
     generally comprise chapters 2, 12A, and 16, and sections 161 
     and 162 of title 30 of the United States Code.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2011.
       (d) Use of Resulting Revenues for Deficit Reduction.--The 
     revenues resulting from the amendment made by subsection (a) 
     shall not be appropriated or otherwise made available for any 
     fiscal year, resulting in a reduction of the Federal budget 
     deficit for such fiscal year. If in any fiscal year there is 
     no Federal budget deficit (determined without regard to such 
     revenues), such revenues shall be used for reducing the 
     Federal debt in such manner as the Secretary of the Treasury 
     considers appropriate.
                                 ______
                                 
      By Mr. KOHL (for himself, Mr. Grassley, Mr. Durbin, Ms. Collins, 
        Ms. Klobuchar, Mr. Franken, Mr. Brown of Ohio, and Mr. 
        Sanders):
  S. 27. A bill to prohibit brand name drug companies from compensating 
generic drug companies to delay the entry of a generic drug into the 
market; to the Committee on the Judiciary.
  Mr. KOHL. Mr. Chairman, I rise today to introduce the Preserve Access 
to Affordable Generics Act. This bipartisan legislation will 
dramatically reduce prescription drug costs by preventing one of the 
most egregious, anti-consumer tactics ever devised to keep generic 
drugs off the market.
  This amendment would combat ``pay-for-delay'' agreements between 
brand name and generic drug companies which delay entry of low-cost 
generic competition. These pay-for-delay agreements are estimated by 
the FTC to cost consumers $3.5 billion each year, and are estimated by 
the CBO estimates to cost the federal government more than $2.8 billion 
over the next decade in higher drug reimbursement payments.
  In 2008, $235 billion were spent on prescription drugs in the United 
States. Generic drugs play a crucial role in containing rising 
prescription drug costs, by offering consumers therapeutically 
identical alternatives to brand-name drugs, at a significantly reduced 
cost. Studies have shown that generic competition to brand name drugs 
can reduce drug prices by as much as 80 percent. However, in recent 
years generic entry has frequently been blocked by anti-competitive, 
anti-consumer agreements between brand-name and generic drug 
manufacturers that limit, delay, or otherwise prevent competition from 
generic drugs.
  In pay-for-delay agreements, a brand-name drug manufacturer settles 
patent litigation by paying off a generic competitor with large amounts 
of cash, or other valuable consideration to stay off the market until 
expiration--or a time close to expiration--of the brand-name patent. 
For example, in 2006, the CEO of Cephalon, which makes the sleep 
disorder pill Provigil, praised the deals his company made with four 
generic drug-makers to keep generic versions of Provigil off the market 
until 2012. ``We were able to get six more years of patent 
protection,'' he said. ``That's $4 billion in sales that no one 
expected.'' Unfortunately, that $4 billion came from the pockets of 
American consumers.
  At their core, pay-for-delay agreements permit brand-name drug 
companies to pay off competitors not to compete. The brand name drug 
company wins because it reaps the profits from eliminating competition. 
The generic drug company wins because they get paid millions of dollars 
to do nothing more than drop their patent challenge. But consumers and 
the American taxpayer loses, to the tune of billions of dollars in 
higher drug costs every year.
  Agreements between competitors, like these, are the most nefarious 
type of antitrust violation. Unfortunately, when the FTC has challenged 
``pay-for-delay'' agreements, courts have favored big industry 
interests over consumers. Courts have wrongly concluded that this type 
of basic antitrust violation is immune from antitrust law because it 
involves the settlement of a patent challenge. In other words, it is 
permissible for competitors to collude to when it involves a patented 
drug and in order to keep lower cost drugs out of consumers' medicine 
cabinets. These misguided court rulings are what make passage of our 
legislation so vital.

[[Page S144]]

  For years, we have seen the use of anticompetitive agreements 
increase. From 2000 to 2004, there were twenty settlements of drug 
patent litigation, but we saw no pay-for-delay agreements because drug 
companies assumed they violated antitrust law. But, these settlements 
became all too prevalent following three courts of appeals decisions in 
2005 which effectively found them to be per se legal and prevented the 
FTC from taking action on behalf of consumers against these 
settlements.
  In the 2 years following these 2005 court decisions, 28 out of 61 
patent settlements had provisions in which the brand name drug company 
made payments to the generic manufacturer in exchange for the generic 
manufacturer agreeing to delay entry of generic competition. Clearly, 
pay-for-delay agreements are not necessary to settle a case because 
during that same time, 33 cases settled without delaying entry to 
consumers in exchange for a payment.
  Last fall, the FTC released a report which found a record 19 pay-for-
delay settlements in fiscal year 2009, the highest ever recorded in a 
single year. This report convincingly demonstrates the danger these 
deals pose to consumers. Each of these deals will lead to higher drug 
costs for millions of consumers. Each of these deals cost the Federal 
Government large sums in taxpayer money in higher drug reimbursement 
costs. Each of these deals deprive consumers of needed drug 
competition. The time for action to stop these anti-consumer, 
anticompetitive back room deals is now.
  Our legislation passed the Judiciary Committee last Congress with a 
strong bipartisan majority. The Judiciary Committee made several 
changes to the legislation as it is was introduced in the 111th 
Congress, and the legislation I am introducing today includes all of 
these changes. I believe the current version of this legislation 
represents a well balanced approach to this problem. Under my bill, 
these settlement agreements will be presumed to be illegal. However, 
the FTC will need to pursue legal action prior to these agreements 
being found illegal, and the drug companies will have an opportunity to 
convince the Judge why these agreement are not in fact anticompetitive. 
If found illegal, the FTC will have the authority to assess civil 
penalties up to three times the profits gained by the drug companies.
  I believe this measure strikes the right balance. By presuming these 
agreements to be illegal, and armed with strong civil penalties, this 
bill will deter drug companies from entering into anti-competitive and 
anti-consumer ``pay-for-delay'' settlements in the first place. By 
giving the drug companies a hearing before a neutral tribunal, the drug 
companies will have their day in court to go forward with those 
agreements which truly do not harm competition.
  The evidence is clear. These ``pay-for-delay'' agreements between 
brand name and generic drug companies deny consumers the benefits of 
generic drug competition and costs consumers and the Federal Government 
billions of dollars. My legislation will give the FTC strong remedies 
to prevent these agreements when it concludes they harm competition. 
Millions and millions of Americans that struggle to pay their 
prescription drug costs and who need low priced generic alternatives 
are awaiting action on this amendment. I urge my colleagues support for 
the Preserve Access to Affordable Generics Act.
  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. 27

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Preserve Access to 
     Affordable Generics Act''.

     SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) In 1984, the Drug Price Competition and Patent Term 
     Restoration Act (Public Law 98-417) (referred to in this Act 
     as the ``1984 Act''), was enacted with the intent of 
     facilitating the early entry of generic drugs while 
     preserving incentives for innovation.
       (2) Prescription drugs make up 10 percent of the national 
     health care spending but for the past decade have been one of 
     the fastest growing segments of health care expenditures.
       (3) Until recently, the 1984 Act was successful in 
     facilitating generic competition to the benefit of consumers 
     and health care payers - although 67 percent of all 
     prescriptions dispensed in the United States are generic 
     drugs, they account for only 20 percent of all expenditures.
       (4) Generic drugs cost substantially less than brand name 
     drugs, with discounts off the brand price sometimes exceeding 
     90 percent.
       (5) Federal dollars currently account for an estimated 30 
     percent of the $235,000,000,000 spent on prescription drugs 
     in 2008, and this share is expected to rise to 40 percent by 
     2018.
       (6)(A) In recent years, the intent of the 1984 Act has been 
     subverted by certain settlement agreements between brand 
     companies and their potential generic competitors that make 
     ``reverse payments'' which are payments by the brand company 
     to the generic company.
       (B) These settlement agreements have unduly delayed the 
     marketing of low-cost generic drugs contrary to free 
     competition, the interests of consumers, and the principles 
     underlying antitrust law.
       (C) Because of the price disparity between brand name and 
     generic drugs, such agreements are more profitable for both 
     the brand and generic manufacturers than competition, and 
     will become increasingly common unless prohibited.
       (D) These agreements result in consumers losing the 
     benefits that the 1984 Act was intended to provide.
       (b) Purposes.--The purposes of this Act are--
       (1) to enhance competition in the pharmaceutical market by 
     stopping anticompetitive agreements between brand name and 
     generic drug manufacturers that limit, delay, or otherwise 
     prevent competition from generic drugs; and
       (2) to support the purpose and intent of antitrust law by 
     prohibiting anticompetitive practices in the pharmaceutical 
     industry that harm consumers.

     SEC. 3. UNLAWFUL COMPENSATION FOR DELAY.

       (a) In General.--The Federal Trade Commission Act (15 
     U.S.C. 44 et seq.) is amended by--
       (1) redesignating section 28 as section 29; and
       (2) inserting before section 29, as redesignated, the 
     following:

     ``SEC. 28. PRESERVING ACCESS TO AFFORDABLE GENERICS.

       ``(a) In General.--
       ``(1) Enforcement proceeding.--The Federal Trade Commission 
     may initiate a proceeding to enforce the provisions of this 
     section against the parties to any agreement resolving or 
     settling, on a final or interim basis, a patent infringement 
     claim, in connection with the sale of a drug product.
       ``(2) Presumption.--
       ``(A) In general.--Subject to subparagraph (B), in such a 
     proceeding, an agreement shall be presumed to have 
     anticompetitive effects and be unlawful if--
       ``(i) an ANDA filer receives anything of value; and
       ``(ii) the ANDA filer agrees to limit or forego research, 
     development, manufacturing, marketing, or sales of the ANDA 
     product for any period of time.
       ``(B) Exception.--The presumption in subparagraph (A) shall 
     not apply if the parties to such agreement demonstrate by 
     clear and convincing evidence that the procompetitive 
     benefits of the agreement outweigh the anticompetitive 
     effects of the agreement.
       ``(b) Competitive Factors.--In determining whether the 
     settling parties have met their burden under subsection 
     (a)(2)(B), the fact finder shall consider--
       ``(1) the length of time remaining until the end of the 
     life of the relevant patent, compared with the agreed upon 
     entry date for the ANDA product;
       ``(2) the value to consumers of the competition from the 
     ANDA product allowed under the agreement;
       ``(3) the form and amount of consideration received by the 
     ANDA filer in the agreement resolving or settling the patent 
     infringement claim;
       ``(4) the revenue the ANDA filer would have received by 
     winning the patent litigation;
       ``(5) the reduction in the NDA holder's revenues if it had 
     lost the patent litigation;
       ``(6) the time period between the date of the agreement 
     conveying value to the ANDA filer and the date of the 
     settlement of the patent infringement claim; and
       ``(7) any other factor that the fact finder, in its 
     discretion, deems relevant to its determination of 
     competitive effects under this subsection.
       ``(c) Limitations.--In determining whether the settling 
     parties have met their burden under subsection (a)(2)(B), the 
     fact finder shall not presume--
       ``(1) that entry would not have occurred until the 
     expiration of the relevant patent or statutory exclusivity; 
     or
       ``(2) that the agreement's provision for entry of the ANDA 
     product prior to the expiration of the relevant patent or 
     statutory exclusivity means that the agreement is pro-
     competitive, although such evidence may be relevant to the 
     fact finder's determination under this section.
       ``(d) Exclusions.--Nothing in this section shall prohibit a 
     resolution or settlement of a patent infringement claim in 
     which the consideration granted by the NDA holder to the ANDA 
     filer as part of the resolution or settlement includes only 
     one or more of the following:

[[Page S145]]

       ``(1) The right to market the ANDA product in the United 
     States prior to the expiration of--
       ``(A) any patent that is the basis for the patent 
     infringement claim; or
       ``(B) any patent right or other statutory exclusivity that 
     would prevent the marketing of such drug.
       ``(2) A payment for reasonable litigation expenses not to 
     exceed $7,500,000.
       ``(3) A covenant not to sue on any claim that the ANDA 
     product infringes a United States patent.
       ``(e) Regulations and Enforcement.--
       ``(1) Regulations.--The Federal Trade Commission may issue, 
     in accordance with section 553 of title 5, United States 
     Code, regulations implementing and interpreting this section. 
     These regulations may exempt certain types of agreements 
     described in subsection (a) if the Commission determines such 
     agreements will further market competition and benefit 
     consumers. Judicial review of any such regulation shall be in 
     the United States District Court for the District of Columbia 
     pursuant to section 706 of title 5, United States Code.
       ``(2) Enforcement.--A violation of this section shall be 
     treated as a violation of section 5.
       ``(3) Judicial review.--Any person, partnership or 
     corporation that is subject to a final order of the 
     Commission, issued in an administrative adjudicative 
     proceeding under the authority of subsection (a)(1), may, 
     within 30 days of the issuance of such order, petition for 
     review of such order in the United States Court of Appeals 
     for the District of Columbia Circuit or the United States 
     Court of Appeals for the circuit in which the ultimate parent 
     entity, as defined at 16 C.F.R. 801.1(a)(3), of the NDA 
     holder is incorporated as of the date that the NDA is filed 
     with the Secretary of the Food and Drug Administration, or 
     the United States Court of Appeals for the circuit in which 
     the ultimate parent entity of the ANDA filer is incorporated 
     as of the date that the ANDA is filed with the Secretary of 
     the Food and Drug Administration. In such a review 
     proceeding, the findings of the Commission as to the facts, 
     if supported by evidence, shall be conclusive.
       ``(f) Antitrust Laws.--Nothing in this section shall be 
     construed to modify, impair or supersede the applicability of 
     the antitrust laws as defined in subsection (a) of the 1st 
     section of the Clayton Act (15 U.S.C. 12(a)) and of section 5 
     of this Act to the extent that section 5 applies to unfair 
     methods of competition. Nothing in this section shall modify, 
     impair, limit or supersede the right of an ANDA filer to 
     assert claims or counterclaims against any person, under the 
     antitrust laws or other laws relating to unfair competition.
       ``(g) Penalties.--
       ``(1) Forfeiture.--Each person, partnership or corporation 
     that violates or assists in the violation of this section 
     shall forfeit and pay to the United States a civil penalty 
     sufficient to deter violations of this section, but in no 
     event greater than 3 times the value received by the party 
     that is reasonably attributable to a violation of this 
     section. If no such value has been received by the NDA 
     holder, the penalty to the NDA holder shall be shall be 
     sufficient to deter violations, but in no event greater than 
     3 times the value given to the ANDA filer reasonably 
     attributable to the violation of this section. Such penalty 
     shall accrue to the United States and may be recovered in a 
     civil action brought by the Federal Trade Commission, in its 
     own name by any of its attorneys designated by it for such 
     purpose, in a district court of the United States against any 
     person, partnership or corporation that violates this 
     section. In such actions, the United States district courts 
     are empowered to grant mandatory injunctions and such other 
     and further equitable relief as they deem appropriate.
       ``(2) Cease and desist.--
       ``(A) In general.--If the Commission has issued a cease and 
     desist order with respect to a person, partnership or 
     corporation in an administrative adjudicative proceeding 
     under the authority of subsection (a)(1), an action brought 
     pursuant to paragraph (1) may be commenced against such 
     person, partnership or corporation at any time before the 
     expiration of one year after such order becomes final 
     pursuant to section 5(g).
       ``(B) Exception.--In an action under subparagraph (A), the 
     findings of the Commission as to the material facts in the 
     administrative adjudicative proceeding with respect to such 
     person's, partnership's or corporation's violation of this 
     section shall be conclusive unless--
       ``(i) the terms of such cease and desist order expressly 
     provide that the Commission's findings shall not be 
     conclusive; or
       ``(ii) the order became final by reason of section 5(g)(1), 
     in which case such finding shall be conclusive if supported 
     by evidence.
       ``(3) Civil penalty.--In determining the amount of the 
     civil penalty described in this section, the court shall take 
     into account--
       ``(A) the nature, circumstances, extent, and gravity of the 
     violation;
       ``(B) with respect to the violator, the degree of 
     culpability, any history of violations, the ability to pay, 
     any effect on the ability to continue doing business, profits 
     earned by the NDA holder, compensation received by the ANDA 
     filer, and the amount of commerce affected; and
       ``(C) other matters that justice requires.
       ``(4) Remedies in addition.--Remedies provided in this 
     subsection are in addition to, and not in lieu of, any other 
     remedy provided by Federal law. Nothing in this paragraph 
     shall be construed to affect any authority of the Commission 
     under any other provision of law.
       ``(h) Definitions.--In this section:
       ``(1) Agreement.--The term `agreement' means anything that 
     would constitute an agreement under section 1 of the Sherman 
     Act (15 U.S.C. 1) or section 5 of this Act.
       ``(2) Agreement resolving or settling a patent infringement 
     claim.--The term `agreement resolving or settling a patent 
     infringement claim' includes any agreement that is entered 
     into within 30 days of the resolution or the settlement of 
     the claim, or any other agreement that is contingent upon, 
     provides a contingent condition for, or is otherwise related 
     to the resolution or settlement of the claim.
       ``(3) ANDA.--The term `ANDA' means an abbreviated new drug 
     application, as defined under section 505(j) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)).
       ``(4) ANDA filer.--The term `ANDA filer' means a party who 
     has filed an ANDA with the Food and Drug Administration.
       ``(5) ANDA product.--The term `ANDA product' means the 
     product to be manufactured under the ANDA that is the subject 
     of the patent infringement claim.
       ``(6) Drug product.--The term `drug product' means a 
     finished dosage form (e.g., tablet, capsule, or solution) 
     that contains a drug substance, generally, but not 
     necessarily, in association with 1 or more other ingredients, 
     as defined in section 314.3(b) of title 21, Code of Federal 
     Regulations.
       ``(7) NDA.--The term `NDA' means a new drug application, as 
     defined under section 505(b) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 355(b)).
       ``(8) NDA holder.--The term `NDA holder' means--
       ``(A) the party that received FDA approval to market a drug 
     product pursuant to an NDA;
       ``(B) a party owning or controlling enforcement of the 
     patent listed in the Approved Drug Products With Therapeutic 
     Equivalence Evaluations (commonly known as the `FDA Orange 
     Book') in connection with the NDA; or
       ``(C) the predecessors, subsidiaries, divisions, groups, 
     and affiliates controlled by, controlling, or under common 
     control with any of the entities described in subparagraphs 
     (A) and (B) (such control to be presumed by direct or 
     indirect share ownership of 50 percent or greater), as well 
     as the licensees, licensors, successors, and assigns of each 
     of the entities.
       ``(9) Patent infringement.--The term `patent infringement' 
     means infringement of any patent or of any filed patent 
     application, extension, reissue, renewal, division, 
     continuation, continuation in part, reexamination, patent 
     term restoration, patents of addition and extensions thereof.
       ``(10) Patent infringement claim.--The term `patent 
     infringement claim' means any allegation made to an ANDA 
     filer, whether or not included in a complaint filed with a 
     court of law, that its ANDA or ANDA product may infringe any 
     patent held by, or exclusively licensed to, the NDA holder of 
     the drug product.
       ``(11) Statutory exclusivity.--The term `statutory 
     exclusivity' means those prohibitions on the approval of drug 
     applications under clauses (ii) through (iv) of section 
     505(c)(3)(E) (5- and 3-year data exclusivity), section 527 
     (orphan drug exclusivity), or section 505A (pediatric 
     exclusivity) of the Federal Food, Drug, and Cosmetic Act .''.
       (b) Effective Date.--Section 28 of the Federal Trade 
     Commission Act, as added by this section, shall apply to all 
     agreements described in section 28(a)(1) of that Act entered 
     into after November 15, 2009. Section 28(g) of the Federal 
     Trade Commission Act, as added by this section, shall not 
     apply to agreements entered into before the date of enactment 
     of this Act.

     SEC. 4. NOTICE AND CERTIFICATION OF AGREEMENTS.

       (a) Notice of All Agreements.--Section 1112(c)(2) of the 
     Medicare Prescription Drug, Improvement, and Modernization 
     Act of 2003 (21 U.S.C. 355 note) is amended by--
       (1) striking ``the Commission the'' and inserting the 
     following: ``the Commission--
       ``(1) the'';
       (2) striking the period and inserting ``; and''; and
       (3) inserting at the end the following:
       ``(2) any other agreement the parties enter into within 30 
     days of entering into an agreement covered by subsection (a) 
     or (b).''.
       (b) Certification of Agreements.--Section 1112 of such Act 
     is amended by adding at the end the following:
       ``(d) Certification.--The Chief Executive Officer or the 
     company official responsible for negotiating any agreement 
     required to be filed under subsection (a), (b), or (c) shall 
     execute and file with the Assistant Attorney General and the 
     Commission a certification as follows: `I declare that the 
     following is true, correct, and complete to the best of my 
     knowledge: The materials filed with the Federal Trade 
     Commission and the Department of Justice under section 1112 
     of subtitle B of title XI of the Medicare Prescription Drug, 
     Improvement, and Modernization Act of 2003, with respect to 
     the agreement referenced in this certification: (1) represent 
     the complete, final, and exclusive agreement between the 
     parties; (2) include any ancillary agreements that are 
     contingent upon, provide a contingent condition for, or are 
     otherwise related to, the referenced agreement; and (3) 
     include

[[Page S146]]

     written descriptions of any oral agreements, representations, 
     commitments, or promises between the parties that are 
     responsive to subsection (a) or (b) of such section 1112 and 
     have not been reduced to writing.'.''.

     SEC. 5. FORFEITURE OF 180-DAY EXCLUSIVITY PERIOD.

       Section 505(j)(5)(D)(i)(V) of the Federal Food, Drug and 
     Cosmetic Act (21 U.S.C. 355(j)(5)(D)(i)(V)) is amended by 
     inserting ``section 28 of the Federal Trade Commission Act 
     or'' after ``that the agreement has violated''.

     SEC. 6. COMMISSION LITIGATION AUTHORITY.

       Section 16(a)(2) of the Federal Trade Commission Act (15 
     U.S.C. 56(a)(2)) is amended--
       (1) in subparagraph (D), by striking ``or'' after the 
     semicolon;
       (2) in subparagraph (E), by inserting ``or'' after the 
     semicolon; and
       (3) inserting after subparagraph (E) the following:
       ``(F) under section 28;''.

     SEC. 7. STATUTE OF LIMITATIONS.

       The Commission shall commence any enforcement proceeding 
     described in section 28 of the Federal Trade Commission Act, 
     as added by section 3, except for an action described in 
     section 28(g)(2) of the Federal Trade Commission Act, not 
     later than 3 years after the date on which the parties to the 
     agreement file the Notice of Agreement as provided by 
     sections 1112(c)(2) and (d) of the Medicare Prescription Drug 
     Improvement and Modernization Act of 2003 (21 U.S.C. 355 
     note).

     SEC. 8. SEVERABILITY.

       If any provision of this Act, an amendment made by this 
     Act, or the application of such provision or amendment to any 
     person or circumstance is held to be unconstitutional, the 
     remainder of this Act, the amendments made by this Act, and 
     the application of the provisions of such Act or amendments 
     to any person or circumstance shall not be affected thereby.
                                 ______
                                 
      By Mr. ROCKEFELLER (for himself, Mr. Lautenberg, Mr. Nelson of 
        Florida, Ms. Klobuchar, Mr. Cardin, and Mr. Harkin):
  S. 28. A bill to amend the Communications Act of 1934 to provide 
public safety providers an additional 10 megahertz of spectrum to 
support a national, interoperable wireless broadband network and 
authorize the Federal Communications Commission to hold incentive 
auctions to provide funding to support such a network, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Mr. ROCKEFELLER. Mr. President, I rise today to reintroduce the 
Public Safety Spectrum and Wireless Innovation Act.
  Radio spectrum is a tremendous resource. It can grow our economy and 
put innovative wireless services in the hands of consumers and 
businesses. It also can enhance our public safety by fostering 
communications between first responders when the unthinkable occurs. 
But it is also scarce. That is why we need a forward-thinking spectrum 
policy that promotes smart use of our airwaves--and provides public 
safety officials with the wireless resources they need to keep us safe.
  For all of these reasons, I believe in the Public Safety Spectrum and 
Wireless Innovation Act and call on my colleagues to join me and 
support it. I commit to them that I am open to their input and will 
work tirelessly with the administration, my Senate and House 
colleagues, and public safety officials to pass this legislation this 
year.
  The Public Safety Spectrum and Wireless Innovation Act does two 
things.
  First, as we approach the tenth anniversary of 9/11, this legislation 
will provide public safety officials with an additional 10 megahertz of 
spectrum known as the ``D-block.'' This spectrum will at long last, 
support a national, interoperable, wireless broadband network that will 
help first responders protect us from harm. I believe this is the right 
thing to do, because we owe those courageous individuals who wear the 
shield the resources they need to do their job.
  Second, this legislation will promote smart spectrum policy and 
efficient use of our Nation's wireless airwaves. It will do this by 
providing the Federal Communications Commission with the authority to 
hold voluntary incentive auctions. These auctions will help put 
valuable spectrum into the hands of companies that can create 
innovative new services for American consumers and businesses. This 
proposal will not require the return of spectrum from existing 
commercial users, but instead will provide them with a voluntary 
opportunity to realize a portion of auction revenues if they wish to 
facilitate putting spectrum to new and productive uses. Then the 
remaining revenues from these auctions will provide a revenue stream to 
assist public safety with the construction and maintenance of their 
spectrum network.
  Marrying together these ideas--good spectrum policy and the right 
resources for our first responders--makes good sense. It is also the 
right thing to do. Because the American people deserve to have the best 
and most innovative uses of wireless networks anywhere. They deserve to 
know our first responders have access to the airwaves they need when 
tragedy strikes. So I urge my colleagues to join me and support this 
important legislation.
  Mr. ROCKEFELLER. 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. 28

       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 ``Public 
     Safety Spectrum and Wireless Innovation Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec.  1. Short title; table of contents.
Sec.  2. Definitions.

   TITLE I--NATIONWIDE INTEROPERABLE PUBLIC SAFETY BROADBAND NETWORK

Sec. 101. Establishment of network.
Sec. 102. Reallocation of D block to public safety.
Sec. 103. Flexible use of narrowband spectrum.
Sec. 104. Secondary use of public safety spectrum.
Sec. 105. Interoperability.
Sec. 106. Commercial network roaming and priority access.
Sec. 107. Advisory board.

                           TITLE II--FUNDING

Sec. 201. Establishment of funds.
Sec. 202. Public safety interoperable broadband network construction.
Sec. 203. Public safety interoperable broadband maintenance and 
              operation.
Sec. 204. Incentive spectrum auction authority.
Sec. 205. Report on efficient use of public safety spectrum.
Sec. 206. GAO report on satellite broadband.
Sec. 207. Access to GSA schedules.
Sec. 208. Federal infrastructure sharing.
Sec. 209. Audits.
Sec. 210. Antidiversion prohibition.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) 700 mhz band.--The term ``700 MHz band'' means the 
     portion of the electromagnetic spectrum between the 
     frequencies from 698 megahertz to 806 megahertz.
       (2) 700 mhz d block spectrum.--The term ``700 MHz D block 
     spectrum'' means the portion of the electromagnetic spectrum 
     between the frequencies from 758 megahertz to 763 megahertz 
     and between the frequencies from 788 megahertz to 793 
     megahertz.
       (3) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of Commerce for Communications 
     and Information.
       (4) Commmission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (5) Construction fund.--The term ``construction fund'' 
     means the fund established in section 201(a)(1)(A).
       (6) Existing public safety broadband spectrum.--The term 
     ``existing public safety broadband spectrum'' means the 
     portion of the electromagnetic spectrum between the 
     frequencies from 763 megahertz to 768 megahertz and between 
     the frequencies from 793 megahertz to 798 megahertz.
       (7) Maintenance and operation fund.--The term ``maintenance 
     and operation fund'' means the fund established in section 
     201(a)(2)(A).
       (8) Narrowband spectrum.--The term ``narrowband spectrum'' 
     means the portion of the electromagnetic spectrum between the 
     frequencies from 769 megahertz to 775 megahertz and between 
     the frequencies from 799 megahertz to 805 megahertz.
       (9) NTIA.--The term ``NTIA'' means the National 
     Telecommunications and Information Administration.

   TITLE I--NATIONWIDE INTEROPERABLE PUBLIC SAFETY BROADBAND NETWORK

     SEC. 101. ESTABLISHMENT OF NETWORK.

       (a) In General.--The Commission shall take all actions 
     necessary to ensure the deployment of a nationwide public 
     safety interoperable broadband network in the 700 MHz band, 
     including--
       (1) developing and implementing nationwide technical and 
     operational requirements for the network;
       (2) adopting any rules necessary to achieve 
     interoperability in the network; and
       (3) adopting user authentication and encryption 
     requirements for the network.

[[Page S147]]

       (b) Coverage.--The Commission shall ensure that the network 
     is deployed and interoperable in rural, as well as urban, 
     areas, including necessary build out of communications 
     infrastructure in rural areas to accommodate network access 
     and functionality.

     SEC. 102. REALLOCATION OF D BLOCK TO PUBLIC SAFETY.

       (a) Reallocation of D Block.--
       (1) In general.--The Commission shall reallocate the 700 
     MHz D block spectrum for use by public safety entities in 
     accordance with the provisions of this Act.
       (2) Spectrum allocation.--Section 337(a) of the 
     Communications Act of 1934 (47 U.S.C. 337(a)) is amended--
       (A) by striking ``24'' in paragraph (1) and inserting 
     ``34''; and
       (B) by striking ``36'' in paragraph (2) and inserting 
     ``26''.
       (b) Integration With Existing Public Safety Broadband 
     Spectrum.--The Commission shall--
       (1) determine the licensing for the 700 MHz D block 
     spectrum reallocated under section 337 of the Communications 
     Act of 1934 47 U.S.C. 337), as amended by subsection (a);
       (2) determine how best to integrate the 700 MHz D block 
     spectrum reallocated with the existing public safety 
     spectrum; and
       (3) determine whether the 20 megahertz of public safety 
     broadband spectrum should be licensed on a nationwide, 
     regional, or statewide basis, or some combination thereof, in 
     accordance with the public interest.

     SEC. 103. FLEXIBLE USE OF NARROWBAND SPECTRUM.

       The Commission shall allow the narrowband spectrum to be 
     used in a flexible manner, including usage for public safety 
     broadband communications, subject to such technical and 
     interference protection measures as the Commission may 
     require.

     SEC. 104. SECONDARY USE OF PUBLIC SAFETY SPECTRUM.

       (a) In General.--Notwithstanding section 337 of the 
     Communications Act of 1934 (47 U.S.C. 337), the Commission 
     may authorize any public safety licensee or licensees to 
     allow access to spectrum licensed to such licensee or 
     licensees to non-public safety governmental users, commercial 
     users, utilities, including organizations providing or 
     operating critical infrastructure, including electric, gas, 
     and water utilities, and other Federal agencies and 
     departments.
       (b) Limitations and Conditions.--The Commission shall--
       (1) authorize the provision of access to such spectrum only 
     on a secondary basis;
       (2) require secondary access agreements to be in writing 
     and to be submitted to the Commission for review and 
     approval;
       (3) require that the public safety entity retain the right 
     to use any such spectrum on a primary, preemptible basis;
       (4) consider whether it is in the public interest to 
     require multiple secondary leases per licensee; and
       (5) require that all funds received from such secondary 
     access pursuant to such written agreements be reinvested in 
     the public safety interoperable broadband network by using 
     such funds only for constructing, maintaining, improving, or 
     purchasing equipment to be used in conjunction with the 
     network, by deposit into the Maintenance and Operation Fund 
     established by section 201 or otherwise.

     SEC. 105. INTEROPERABILITY.

       (a) In General.--The Commission shall ensure that the 
     nationwide public safety broadband network is fully 
     interoperable on a nationwide basis.
       (b) Technical and Operational Rules.--
       (1) Insuring interoperability.--The Commission shall 
     establish technical and operational rules to ensure 
     nationwide interoperability, including rules that--
       (A) establish requirements for nationwide roaming ability 
     among any licensee, licensees, lessees, and secondary users;
       (B) will ensure the safety of State broadband public safety 
     networks, including requirements for protecting and 
     monitoring the network to protect against cyber-attack;
       (C) will promote competition in the device market for 
     public safety communications by requiring devices for use on 
     a public safety network to be--
       (i) built to open standards;
       (ii) capable of being used by any vendor and across all 
     public safety systems; and
       (iii) backward-compatible with existing second and third 
     generation commercial networks;
       (D) authorize public safety entities to execute 
     partnerships with other public or private entities to build 
     or operate the State's public safety broadband network;
       (E) encourage public safety entities to utilize, to the 
     greatest extent possible, existing commercial, State, or 
     Federal government infrastructure;
       (F) will ensure that the interoperability plan includes 
     integration with 9-1-1 call centers; and
       (G) require any licensee or licensees to file annual 
     reports on--
       (i) the status of public safety broadband network 
     construction and interoperability; and
       (ii) the status and deployment of existing public safety 
     broadband and narrowband systems.
       (2) Factors to be considered.--In carrying out paragraph 
     (1), the Commission shall, at a minimum, consider--
       (A) the extent to which particular technologies and user 
     equipment are, or are likely to be, available in the 
     commercial marketplace;
       (B) the availability of necessary technologies and 
     equipment on reasonable and non-discriminatory licensing 
     terms; and
       (C) the ability of particular technologies and equipment--
       (i) to evolve with technological developments in the 
     commercial marketplace; and
       (ii) to accommodate prioritization for public safety 
     transmissions.
       (c) RFP Standards.--
       (1) In general.--The Commission shall establish procedural 
     and substantive requirements for requests for proposals 
     related to the nationwide public safety broadband network 
     that--
       (A) require such requests to meet the technical 
     requirements under subsection (b) that ensure 
     interoperability of the broadband network to which it relates 
     and ensure that nothing will interfere with such 
     interoperability;
       (B) limit the authority for issuing such requests to States 
     or multi-State organizations, except to the extent delegated 
     to an agency or political subdivision;
       (C) will ensure that the request-for-proposals process is 
     open, transparent, and competitive;
       (D) require any such request--
       (i) to be issued on a Statewide or multi-State basis and to 
     be coordinated with the appropriate State chief executive or 
     the executive's designee;
       (ii) to demonstrate that the State has a plan for 
     interoperability, with provision for both urban and rural 
     build out; and
       (iii) to cover any necessary relocation of incumbent 
     narrowband operations in the existing public safety broadband 
     spectrum;
       (E) authorize States to issue requests for proposals that 
     will build on a State broadband network; and
       (F) require the term of any contract under the process to 
     be reasonable and, in any event, for less than the term of 
     the underlying license.
       (2) Model rfps.--The Commission may encourage the use of 
     the requests-for-proposal model or form developed by the 
     Government Accountability Office under section 207 of this 
     Act.
       (d) Rural Build Out Requirements.--The Commission shall--
       (1) establish rural build out targets for the public safety 
     broadband network, including targets for States or smaller 
     areas;
       (2) require contracts awarded through the request-for-
     proposals process in connection with the network to include 
     deployment phases with substantial rural coverage milestones 
     as part of each phase where appropriate; and
       (3) in collaboration with the Assistant Secretary, make 
     funding for each build out phase after the first contingent 
     on meeting build out targets for the preceding phase to the 
     extent feasible.
       (e) Development and Maintenance of Interoperability, 
     Security, and Functionality Standards.--The Commission and 
     through agreements executed with the National Institute of 
     Standards and Technology, shall develop, maintain, and update 
     such requirements and standards as may be necessary to ensure 
     interoperability, security, and functionality.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Commission, for use by the 
     Emergency Response and Interoperability Center in carrying 
     out its responsibilities under this Act, $5,500,000 for each 
     of fiscal years 2013 through 2018.

     SEC. 106. COMMERCIAL NETWORK ROAMING AND PRIORITY ACCESS.

       The Commission may adopt rules, if necessary in the public 
     interest, to improve the ability of public safety networks to 
     roam onto commercial networks and to gain priority access to 
     commercial networks in an emergency if--
       (1) the public safety entity equipment is technically 
     compatible with the commercial network;
       (2) the commercial network is reasonably compensated; and
       (3) it is consistent with the public interest.

     SEC. 107. PUBLIC SAFETY ADVISORY BOARD.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Commission shall establish a 
     public safety advisory board to advise the Commission on--
       (1) carrying out its duties under section 101; and
       (2) the implementation of improvements to the public safety 
     interoperable broadband network under that section.
       (b) Composition.--The Commission shall determine the 
     composition of the advisory board, which shall include, at a 
     minimum, representatives from each of the following:
       (1) State, local, and tribal governments.
       (2) Public safety organizations.
       (3) Providers of commercial mobile service.
       (4) Manufacturers of communications equipment.
       (c) Reports.--The Commission shall consult with the 
     advisory board on any study or report on public safety 
     spectrum.
       (d) FACA Inapplicable.--The Federal Advisory Committee Act 
     (5 U.S.C. App. ) shall not apply to the advisory board.
       (e) Termination.--The advisory board shall terminate 10 
     years after the date of enactment of this Act.

                           TITLE II--FUNDING

     SEC. 201. ESTABLISHMENT OF FUNDS.

       (a) In General.--

[[Page S148]]

       (1) Construction fund.--
       (A) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the Public Safety 
     Interoperable Broadband Network Construction Fund.
       (B) Purpose.--The Assistant Secretary shall establish and 
     administer the grant program under section 202 using the 
     funds deposited in the Construction Fund.
       (C) Credit.--
       (i) Borrowing Authority.--The Assistant Secretary may 
     borrow from the general fund of the Treasury beginning on 
     October 1, 2011, such sums as may be necessary, but not to 
     exceed $2,000,000,000, to implement section 202.
       (ii) Reimbursement.--The Secretary of the Treasury shall 
     reimburse the general fund of the Treasury, without interest, 
     for any amounts borrowed under clause (i) as funds are 
     deposited into the Construction Fund, but in no case later 
     than December 31, 2015.
       (2) Maintenance and operation fund.--
       (A) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the Public Safety 
     Interoperable Broadband Network Maintenance and Operation 
     Fund.
       (B) Purpose.--The Commission shall use the funds deposited 
     in the Maintenance and Operation Fund to carry out section 
     203.
       (b) Transfer of Funds at Completion of Construction.--The 
     Secretary of the Treasury shall transfer to the Maintenance 
     and Operation Fund any funds remaining in the Construction 
     Fund after the date of the completion of the construction 
     phase, as determined by the Assistant Secretary.
       (c) Transfer of Funds to the Treasury.--The Secretary of 
     the Treasury shall transfer to the general fund of the 
     Treasury any funds remaining in the Maintenance and Operation 
     Fund after the end of the 10-year period that begins after 
     the date of the completion of the construction phase, as 
     determined by the Assistant Secretary.
       (d) Authorization of Appropriations.--
       (1) Construction fund.--There are authorized to be 
     appropriated to the Assistant Secretary for deposit in the 
     Construction Fund in and after fiscal year 2013 such sums as 
     necessary subject to paragraph (3).
       (2) Maintenance and operation fund.--There are authorized 
     to be appropriated to the Commission for deposit in the 
     Maintenance and Operation Fund in and after fiscal year 2013 
     such sums as necessary subject to paragraph (3).
       (3) Limitation.--The authorization of appropriations under 
     paragraphs (1) and (2) may not exceed a total of 
     $11,000,000,000.

     SEC. 202. PUBLIC SAFETY INTEROPERABLE BROADBAND NETWORK 
                   CONSTRUCTION.

       (a) Construction Grant Program Establishment.--The 
     Assistant Secretary, in consultation with the Commission, 
     shall take such action as is necessary to establish a grant 
     program to assist public safety entities to establish a 
     nationwide public safety interoperable broadband network in 
     the 700 MHz band.
       (b) Projects.--Grants may be made under this section for 
     the construction of a public safety interoperable broadband 
     network, including improvement of existing commercial and 
     noncommercial networks and facilities and construction of new 
     infrastructure to meet public safety requirements, as defined 
     by the Commission, that operate as part of the public safety 
     interoperable broadband network in the 700 MHz band.
       (c) Matching Requirements.--
       (1) Federal share.--
       (A) In general.--The Federal share of the cost of carrying 
     out a project under this section may not exceed 80 percent of 
     the eligible costs of carrying out a project, as determined 
     by the Assistant Secretary in consultation with the 
     Commission.
       (B) Waiver.--The Assistant Secretary may waive, in whole or 
     in part, the requirements of subparagraph (A) for good cause 
     shown if it determines that such a waiver is in the public 
     interest.
       (2) Non-federal share.--The non-Federal share of the cost 
     of carrying out a project under this section may be provided 
     through an in-kind contribution.
       (d) Requirements.--Not later than 6 months after the date 
     of enactment of this Act, the Assistant Secretary, in 
     consultation with the Commission, shall establish grant 
     program requirements including the following:
       (1) Demonstrated compliance with applicable Commission 
     request-for-proposal and license terms and service rules, 
     including interoperability and technical rules, construction 
     requirements, and secondary use rules.
       (2) Defining entities that are eligible to receive a grant 
     under this section.
       (3) Defining eligible costs for purposes of subsection 
     (c)(1).
       (4) Determining the scope of network infrastructure 
     eligible for grant funding under this section.
       (5) Prioritizing grants for projects that ensure coverage 
     in rural as well as urban areas.

     SEC. 203. PUBLIC SAFETY INTEROPERABLE BROADBAND MAINTENANCE 
                   AND OPERATION.

       (a) Maintenance and Operation Reimbursement Program.--The 
     Commission shall administer a program through which not more 
     than 50 percent of maintenance and operational expenses 
     associated with the public safety interoperable broadband 
     network may be reimbursed from the Maintenance and Operation 
     Fund for those expenses that are attributable to the 
     maintenance, operation, and improvement of the public safety 
     interoperable broadband network.
       (b) Report.--Not later than 7 years after the date of 
     enactment of this Act, the Commission shall submit to 
     Congress a report on whether to continue to provide funding 
     for the Maintenance and Operation Fund after the end of the 
     10-year period that begins after the date of the completion 
     of the construction phase, as determined by the Assistant 
     Secretary.

     SEC. 204. AUCTION OF SPECTRUM.

       (a) In General.--
       (1) Identification of spectrum.--Not later than 1 year 
     after the date of enactment of this Act, the Assistant 
     Secretary shall identify, at a minimum, 25 megahertz of 
     contiguous spectrum at frequencies located between 1675 
     megahertz and 1710 megahertz, inclusive, to be made available 
     for immediate reallocation.
       (2) Auction.--Not later than January 31, 2014, the 
     Commission shall conduct the auction of the licenses, by 
     commencing the bidding, for the following:
       (A) The spectrum between the frequencies of 2155 megahertz 
     and 2180 megahertz, inclusive.
       (B) The spectrum identified pursuant to paragraph (1).
       (3) Proceeds.--The proceeds (including deposits and up 
     front payments from successful bidders) from the auction 
     shall be deposited in the Construction Fund.
       (b) Incentive Spectrum Auction Authority.--
       (1) In general.--Paragraph (8) of section 309(j) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)) is amended--
       (A) by striking ``(B), (D), and (E),'' in subparagraph (A) 
     and inserting ``(B), (D), (E), and (F),''; and
       (B) by adding at the end thereof the following:
       ``(F) Incentive auction authority.--
       ``(i) Authority.--The Commission may If the Commission 
     determines that it is consistent with the public interest in 
     utilization of the spectrum for a licensee to relinquish 
     voluntarily some or all of its licensed spectrum usage rights 
     in order to permit the assignment of new initial licenses 
     subject to new service rules, the Commission may disburse to 
     that licensee a portion of the auction proceeds related to 
     the new use that the Commission determines, in its 
     discretion, are attributable to the licensee's relinquished 
     spectrum usage.
       ``(ii) Proceeds for funds.--Notwithstanding subparagraph 
     (A), the proceeds (including deposits and up front payments 
     from successful bidders) from the use of a competitive 
     bidding system under this subsection with respect to 
     relinquished spectrum, after deduction of any amounts 
     disbursed to the relinquishing licensee, shall be deposited 
     as follows:

       ``(I) All proceeds less than or equal to $5,500,000,000 
     shall be deposited in the Construction Fund and shall be made 
     available to the Assistant Secretary without further 
     appropriations.
       ``(II) Any proceeds exceeding $5,500,000,000 shall be 
     deposited in the Maintenance and Operation Fund and shall be 
     made available to the Commission without further 
     appropriations.
       ``(III) Any proceeds exceeding $11,000,000,000 shall be 
     made available, as provided by appropriation Acts, for 
     growth-enhancing infrastructure projects, including the 
     NextGen aviation navigation system, development of high-speed 
     rail transportation, and Smart Grid electrical power 
     transmission and management technology.''.

       (c) Extension of Auction Authority.--Section 309(j)(11) of 
     the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is 
     amended by striking ``2012'' and inserting ``2020''.
       (d) Limitation.--
       (1) In general.--The Commission may not reclaim frequencies 
     licensed to broadcast television licensees or other 
     licensees, directly or indirectly, on an involuntary basis 
     for purposes of section 309(j)(8)(F) of the Communications 
     Act of 1934.
       (2) Rule of construction.--Nothing in this Act or in the 
     amendments made by this Act shall be construed to permit the 
     Commission to reclaim frequencies of broadcast television 
     licensees or any other licensees directly or indirectly on an 
     involuntary basis for the purpose that section.

     SEC. 205. REPORT ON EFFICIENT USE OF PUBLIC SAFETY SPECTRUM.

       Not later than 5 years after the date of enactment of this 
     Act and every 5 years thereafter, the Commission shall 
     conduct a study and submit a report to the Senate Committee 
     on Commerce, Science, and Transportation and the House of 
     Representatives Committee on Energy and Commerce on the 
     spectrum held by the public safety entities. In the report 
     the Commission shall--
       (1) examine how such spectrum is being used;
       (2) provide a recommendation for whether more spectrum 
     needs to be made available to meet the needs of public safety 
     entities; and
       (3) assess the opportunity for return of any spectrum to 
     the Commission for auction to commercial providers to provide 
     revenue to the Treasury of the United States.

     SEC. 206. GAO REPORT ON SATELLITE BROADBAND.

       Not later than 2 .years after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     conduct a study and submit to Congress a report on the 
     current and future capabilities of fixed and mobile satellite 
     broadband to assist public safety entities during an 
     emergency.

[[Page S149]]

     SEC. 207. ACCESS TO GSA SCHEDULES.

       The Administrator of General Services shall--
       (1) establish rules under which public safety entities may 
     access and use the rates offered to the General Services 
     Administration for communications services and devices;
       (2) develop and furnish to the Commission a model request-
     for-proposals form for public safety use under section 105; 
     and
       (3) develop a procedure under which public safety entities 
     are authorized to purchase from established GSA schedules.

     SEC. 208. FEDERAL INFRASTRUCTURE SHARING.

       The Administrator of General Services shall establish rules 
     to allow any public safety licensee or licensees to have 
     access to Federal infrastructure to construct and maintain 
     the public safety interoperable broadband network.

     SEC. 209. AUDITS.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, and every 3 years thereafter, the 
     Comptroller General of the United States shall perform an 
     audit of the financial statements, records, and accounts of 
     the--
       (1) Public Safety Interoperable Broadband Network 
     Construction Fund established under section 201(a)(1);
       (2) Public Safety Interoperable Broadband Network 
     Maintenance and Operation Fund established under section 
     201(a)(2);
       (3) construction grant program established under section 
     202; and
       (4) maintenance and operation program established under 
     section 203.
       (b) GAAP.--Each audit required under subsection (a) shall 
     be conducted in accordance with generally acceptable 
     accounting procedures.
       (c) Report to Congress.--A copy of each audit required 
     under subsection (a) shall be submitted to the appropriate 
     committees of Congress.

     SEC. 210. ANTIDIVERSION PROHIBITION.

       Except as provided in section 309(j)(8)(F)(ii)(III) of the 
     Communications Act of 1934, as added by this Act, no funds 
     made available under this Act or any amendment made by this 
     Act may be used for any purpose other than in support of the 
     nationwide public safety interoperable broadband network to 
     be deployed under this Act, including the acquisition, 
     construction, or reconstruction of infrastructure and 
     facilities, the purchase of equipment and services, including 
     hardware, software, and training, in accordance with rules 
     established by the Commission.
                                 ______
                                 
      By Mr. REID (for Mrs. Feinstein (for herself and Mrs. Boxer)):
  S. 29. 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, Representative John Garamendi, and the County Supervisors from 
the 5 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.
  It is also important to understand what this legislation will not do. 
It will not affect water rights. It will not affect water contracts. It 
will not affect private property.
  Nothing in this bill gives any governmental agency any more 
regulatory power than it already has, nor does it take away regulatory 
from agencies that have it.
  In short, this bill does not affect water rights or water contracts, 
nor does is impose any additional responsibilities 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 who 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 3 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 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 will complement the broadly supported State Water 
Legislation of 2009, which called for a Heritage designation for 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. I look 
forward to continuing to work with my colleagues at every level of

[[Page S150]]

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.
  The National Heritage Area designation for the Sacramento-San Joaquin 
Delta will help local governments develop and implement a plan for a 
sustainable future by providing Federal recognition, technical 
assistance and small amounts of funding to a community-based process 
already underway.
  Through the Delta Heritage Area, local communities and citizens will 
partner with Federal, State and local governments to collaboratively 
work to promote conservation, community revitalization, and economic 
development projects.
  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. 29

       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. DEFINITIONS.

       In this Act:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Sacramento-San Joaquin Delta Heritage Area established by 
     section 3(a).
       (2) Heritage area management plan.--The term ``Heritage 
     Area management plan'' means the plan developed and adopted 
     by the management entity under this Act.
       (3) Management entity.--The term ``management entity'' 
     means the management entity for the Heritage Area designated 
     by section 3(d).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of 
     California.

     SEC. 3. SACRAMENTO-SAN JOAQUIN DELTA HERITAGE AREA.

       (a) Establishment.--There is established the ``Sacramento-
     San Joaquin Delta Heritage Area'' in the State.
       (b) 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.
       (c) Availability of Map.--The map described in subsection 
     (b) shall be on file and available for public inspection in 
     the appropriate offices of the National Park Service and the 
     Delta Protection Commission.
       (d) 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.
       (e) Administration.--
       (1) Authorities.--For purposes of carrying out the Heritage 
     Area management plan, the Secretary, acting through the 
     management entity, may use amounts made available under this 
     Act to--
       (A) make grants to the State or a political subdivision of 
     the State, nonprofit organizations, and other persons;
       (B) enter into cooperative agreements with, or provide 
     technical assistance to, the State or a political subdivision 
     of the State, nonprofit organizations, and other interested 
     parties;
       (C) hire and compensate staff, which shall include 
     individuals with expertise in natural, cultural, and 
     historical resources protection, and heritage programming;
       (D) obtain money or services from any source including any 
     that are provided under any other Federal law or program;
       (E) contract for goods or services; and
       (F) undertake to be a catalyst for any other activity that 
     furthers the Heritage Area and is consistent with the 
     approved Heritage Area management plan.
       (2) Duties.--The management entity shall--
       (A) in accordance with subsection (f), prepare and submit a 
     Heritage Area management plan to the Secretary;
       (B) assist units of local government, regional planning 
     organizations, and nonprofit organizations in carrying out 
     the approved Heritage Area management plan by--
       (i) carrying out programs and projects that recognize, 
     protect, and enhance important resource values in the 
     Heritage Area;
       (ii) establishing and maintaining interpretive exhibits and 
     programs in the Heritage Area;
       (iii) developing recreational and educational opportunities 
     in the Heritage Area;
       (iv) increasing public awareness of, and appreciation for, 
     natural, historical, scenic, and cultural resources of the 
     Heritage Area;
       (v) protecting and restoring historic sites and buildings 
     in the Heritage Area that are consistent with Heritage Area 
     themes;
       (vi) ensuring that clear, consistent, and appropriate signs 
     identifying points of public access, and sites of interest 
     are posted throughout the Heritage Area; and
       (vii) promoting a wide range of partnerships among 
     governments, organizations, and individuals to further the 
     Heritage Area;
       (C) consider the interests of diverse units of government, 
     businesses, organizations, and individuals in the Heritage 
     Area in the preparation and implementation of the Heritage 
     Area management plan;
       (D) conduct meetings open to the public at least 
     semiannually regarding the development and implementation of 
     the Heritage Area management plan;
       (E) for any year that Federal funds have been received 
     under this Act--
       (i) submit an annual report to the Secretary that describes 
     the activities, expenses, and income of the management entity 
     (including grants to any other entities during the year that 
     the report is made);
       (ii) make available to the Secretary for audit all records 
     relating to the expenditure of the funds and any matching 
     funds;
       (iii) require, with respect to all agreements authorizing 
     expenditure of Federal funds by other organizations, that the 
     organizations receiving the funds make available to the 
     Secretary for audit all records concerning the expenditure of 
     the funds; and
       (F) encourage by appropriate means economic viability that 
     is consistent with the Heritage Area.
       (3) Prohibition on the acquisition of real property.--The 
     management entity shall not use Federal funds made available 
     under this Act to acquire real property or any interest in 
     real property.
       (4) Cost-sharing requirement.--The Federal share of the 
     cost of any activity carried out using any assistance made 
     available under this Act shall be 50 percent.
       (f) Heritage Area Management Plan.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the management entity shall submit to 
     the Secretary for approval a proposed Heritage Area 
     management pla.
       (2) Requirements.--The Heritage Area management plan 
     shall--
       (A) incorporate an integrated and cooperative approach to 
     agricultural resources and activities, flood protection 
     facilities, and other public infrastructure;
       (B) emphasizes the importance of the resources described in 
     subparagraph (A);
       (C) take into consideration State and local plans;
       (D) include--
       (i) an inventory of--

       (I) the resources located in the core area described in 
     subsection (b); and
       (II) any other property in the core area that--

       (aa) is related to the themes of the Heritage Area; and
       (bb) should be preserved, restored, managed, or maintained 
     because of the significance of the property;
       (ii) comprehensive policies, strategies and recommendations 
     for conservation, funding, management, and development of the 
     Heritage Area;
       (iii) a description of actions that governments, private 
     organizations, and individuals have agreed to take to protect 
     the natural, historical and cultural resources of the 
     Heritage Area;
       (iv) a program of implementation for the Heritage Area 
     management plan by the management entity that includes a 
     description of--

       (I) actions to facilitate ongoing collaboration among 
     partners to promote plans for resource protection, 
     restoration, and construction; and
       (II) specific commitments for implementation that have been 
     made by the management entity or any government, 
     organization, or individual for the first 5 years of 
     operation;

       (v) the identification of sources of funding for carrying 
     out the Heritage Area management plan;
       (vi) analysis and recommendations for means by which local, 
     State, and Federal programs, including the role of the 
     National Park Service in the Heritage Area, may best be 
     coordinated to carry out this Act; and
       (vii) an interpretive plan for the Heritage Area; and
       (E) recommend policies and strategies for resource 
     management that consider and detail the application of 
     appropriate land and water management techniques, including 
     the development of intergovernmental and interagency 
     cooperative agreements to protect the natural, historical, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area.
       (3) Restrictions.--The Heritage Area management plan 
     submitted under this subsection shall--
       (A) 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
       (B) 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.

[[Page S151]]

       (4) Deadline.--If a proposed Heritage Area management plan 
     is not submitted to the Secretary by the date that is 3 years 
     after the date of enactment of this Act, the management 
     entity shall be ineligible to receive additional funding 
     under this Act until the date that the Secretary receives and 
     approves the Heritage Area management plan.
       (5) Approval or disapproval of heritage area management 
     plan.--
       (A) In general.--Not later than 180 days after the date of 
     receipt of the Heritage Area management plan under paragraph 
     (1), the Secretary, in consultation with the State, shall 
     approve or disapprove the Heritage Area management plan.
       (B) Criteria for approval.--In determining whether to 
     approve the Heritage Area management plan, the Secretary 
     shall consider whether--
       (i) the management entity is representative of the diverse 
     interests of the Heritage Area, including governments, 
     natural and historic resource protection organizations, 
     educational institutions, businesses, and recreational 
     organizations;
       (ii) the management entity has afforded adequate 
     opportunity, including public hearings, for public and 
     governmental involvement in the preparation of the Heritage 
     Area management plan; and
       (iii) the resource protection and interpretation strategies 
     contained in the Heritage Area management plan, if 
     implemented, would adequately protect the natural, 
     historical, and cultural resources of the Heritage Area.
       (C) Action following disapproval.--If the Secretary 
     disapproves the Heritage Area management plan under 
     subparagraph (A), the Secretary shall--
       (i) advise the management entity in writing of the reasons 
     for the disapproval;
       (ii) make recommendations for revisions to the Heritage 
     Area management plan; and
       (iii) not later than 180 days after the receipt of any 
     proposed revision of the Heritage Area management plan from 
     the management entity, approve or disapprove the proposed 
     revision.
       (D) Amendments.--
       (i) In general.--The Secretary shall approve or disapprove 
     each amendment to the Heritage Area management plan that the 
     Secretary determines make a substantial change to the 
     Heritage Area management plan.
       (ii) Use of funds.--The management entity shall not use 
     Federal funds authorized by this Act to carry out any 
     amendments to the Heritage Area management plan until the 
     Secretary has approved the amendments.
       (g) Relationship to Other Federal Agencies.--
       (1) In general.--Nothing in this Act affects the authority 
     of a Federal agency to provide technical or financial 
     assistance under any other law.
       (2) Consultation and coordination.--The head of any Federal 
     agency planning to conduct activities that may have an impact 
     on the Heritage Area is encouraged to consult and coordinate 
     the activities with the Secretary and the management entity 
     to the maximum extent practicable.
       (3) Other federal agencies.--Nothing in this Act--
       (A) modifies, alters, or amends any law or regulation 
     authorizing a Federal agency to manage Federal land under the 
     jurisdiction of the Federal agency;
       (B) limits the discretion of a Federal land manager to 
     implement an approved land use plan within the boundaries of 
     the Heritage Area; or
       (C) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.
       (h) Private Property and Regulatory Protections.--
       (1) In general.--Subject to paragraph (2), nothing in this 
     Act--
       (A) abridges the rights of any property owner (whether 
     public or private), including the right to refrain from 
     participating in any plan, project, program, or activity 
     conducted within the Heritage Area;
       (B) requires any property owner to permit public access 
     (including access by Federal, State, or local agencies) to 
     the property of the property owner, or to modify public 
     access or use of property of the property owner under any 
     other Federal, State, or local law;
       (C) alters any duly adopted land use regulation, approved 
     land use plan, or other regulatory authority of any Federal, 
     State or local agency, or conveys any land use or other 
     regulatory authority to the management entity;
       (D) authorizes or implies the reservation or appropriation 
     of water or water rights;
       (E) diminishes the authority of the State to manage fish 
     and wildlife, including the regulation of fishing and hunting 
     within the Heritage Area; or
       (F) creates any liability, or affects any liability under 
     any other law, of any private property owner with respect to 
     any person injured on the private property.
       (2) 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 Act, if the property owner provides written 
     notice to the management entity.
       (i) Evaluation; Report.--
       (1) In general.--Not later than 3 years before the date on 
     which authority for Federal funding terminates for the 
     Heritage Area, the Secretary shall--
       (A) conduct an evaluation of the accomplishments of the 
     Heritage Area; and
       (B) prepare a report in accordance with paragraph (3).
       (2) Evaluation.--An evaluation conducted under paragraph 
     (1)(A) shall--
       (A) assess the progress of the management entity with 
     respect to--
       (i) accomplishing the purposes of this Act for the Heritage 
     Area; and
       (ii) achieving the goals and objectives of the approved 
     Heritage Area management plan;
       (B) analyze the Federal, State, local, and private 
     investments in the Heritage Area to determine the leverage 
     and impact of the investments; and
       (C) review the management structure, partnership 
     relationships, and funding of the Heritage Area for purposes 
     of identifying the critical components for sustainability of 
     the Heritage Area.
       (3) Report.--
       (A) In general.--Based on the evaluation conducted under 
     paragraph (1)(A), the Secretary shall prepare a report that 
     includes recommendations for the future role of the National 
     Park Service, if any, with respect to the Heritage Area.
       (B) Required analysis.--If the report prepared under 
     subparagraph (A) recommends that Federal funding for the 
     Heritage Area be reauthorized, the report shall include an 
     analysis of--
       (i) ways in which Federal funding for the Heritage Area may 
     be reduced or eliminated; and
       (ii) the appropriate time period necessary to achieve the 
     recommended reduction or elimination.
       (C) Submission to congress.--On completion of the report, 
     the Secretary shall submit the report to--
       (i) the Committee on Energy and Natural Resources of the 
     Senate; and
       (ii) the Committee on Natural Resources of the House of 
     Representatives.
       (j) Effect of Designation.--Nothing in this Act--
       (1) precludes the management entity from using Federal 
     funds made available under other laws for the purposes for 
     which those funds were authorized; or
       (2) affects any water rights or contracts.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Act $10,000,000, of which not more than 
     $1,000,000 may be made available for any fiscal year.
       (b) Cost-sharing Requirement.--The Federal share of the 
     total cost of any activity under this Act 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 Act may be in the form of in-
     kind contributions of goods or services.

     SEC. 5. TERMINATION OF AUTHORITY.

       (a) In General.--If a proposed Heritage Area management 
     plan has not been submitted to the Secretary by the date that 
     is 5 years after the date of enactment of this Act, the 
     Heritage Area designation shall be rescinded.
       (b) Funding Authority.--The authority of the Secretary to 
     provide assistance under this Act terminates on the date that 
     is 15 years after the date of enactment of this Act.
                                 ______
                                 
      By Mr. FRANKEN:
  S. 31. A bill to amend part D of title XVIII of the Social Security 
Act to authorize the Secretary of Health and Human Services to 
negotiate for lower prices for Medicare prescription drugs; to the 
Committee on Finance.
  Mr. FRANKEN. 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. 31

       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 ``Prescription Drug and Health 
     Improvement Act of 2011''.

     SEC. 2. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION 
                   DRUGS.

       (a) Negotiating Fair Prices.--
       (1) In general.--Section 1860D-11 of the Social Security 
     Act (42 U.S.C. 1395w-111) is amended by striking subsection 
     (i) (relating to noninterference) and by inserting the 
     following:
       ``(i) Authority To Negotiate Prices With Manufacturers.--In 
     order to ensure that beneficiaries enrolled under 
     prescription drug plans and MA-PD plans pay the lowest 
     possible price, the Secretary shall have authority similar to 
     that of other Federal entities that purchase prescription 
     drugs in bulk to negotiate contracts with manufacturers of 
     covered part D drugs, consistent with the requirements and in 
     furtherance of the goals of providing quality care and 
     containing costs under this part.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date of the enactment of this Act.
       (b) Biannual Reports to Congress.--Not later than 1 year 
     after the date of the enactment of this Act, and every 6 
     months thereafter, the Secretary of Health and Human Services 
     shall submit to Congress a report on the negotiations 
     conducted by the Secretary

[[Page S152]]

     under section 1860D-11(i) of the Social Security Act (42 
     U.S.C. 1395w-111(i)), as amended by subsection (a), including 
     a description of how such negotiations are achieving lower 
     prices for covered part D drugs (as defined in section 1860D-
     2(e) of the Social Security Act (42 U.S.C. 1395w-102(e)) for 
     Medicare beneficiaries.
                                 ______
                                 
      By Mr. LIEBERMAN (for himself, Mr. Sanders, Mr. Reed, Mrs. Boxer, 
        Mr. Udall of Colorado, Mr. Harkin, Mr. Bennet, Mr. Kohl, Mr. 
        Udall of New Mexico, Mr. Cardin, Ms. Cantwell, Mrs. Murray, Mr. 
        Whitehouse, Mr. Leahy, Mrs. Feinstein, Ms. Klobuchar, Mr. 
        Kerry, Mr. Durbin, Mr. Wyden, and Mr. Lautenberg):
  S. 33. A bill to designate a portion of the Arctic National Wildlife 
Refuge as wilderness; to the Committee on Environment and Public Works.
  Mr. LIEBERMAN. Mr. President, today, I introduced legislation to 
protect the coastal plains region of the Arctic National Wildlife 
Refuge from oil and gas exploration and drilling. Every Congress since 
the 101st, I have either introduced or been an original cosponsor of 
legislation to protect the Refuge, making tomorrow the twelfth time 
since 1989 that I will mark my unwavering support for reaffirming the 
original intent of the Refuge: to provide habitat for Alaska's 
wildlife, by designating 1.5 million acres of the Refuge as Wilderness 
to be included in the National Wilderness Preservation System.
  I have long believed we have a responsibility to future generations 
to preserve the Arctic National Wildlife Refuge, and I have fought to 
protect it for as long as I have been in the Senate. The fact is, we do 
not have to choose between conservation and exploration when it comes 
to our energy future; we can do both simultaneously while moving toward 
a sustainable and diverse national energy policy.
  The Arctic Refuge is home to 250 species of wildlife. Drilling there 
would severely harm its abundant populations of polar bears, caribou, 
musk oxen, and snow geese. Beyond that, the amount of commercially 
recoverable oil in the Refuge would satisfy only a very small 
percentage of our Nation's need at any given time and would have no 
appreciable long-tem impact on gasoline prices. The permanent 
environmental price we would pay for ravaging the Refuge to drain those 
limited resources is simply too high.
  I look forward to working with my colleagues to pass this important 
legislation.
                                 ______
                                 
      By Mr. WHITEHOUSE (for himself, Mr. Leahy, Mr. Sanders, Mrs. 
        Boxer, Mr. Durbin, Mr. Brown of Ohio and Mr. Harkin):
  S. 45. A bill to amend the Internal Revenue Code of 1986 to provide 
for the taxation of income of controlled foreign corporations 
attributable for imported property; to the Committee on Finance.
  Mr. WHITEHOUSE. Mr. President, from the Recovery Act to the Small 
Business Jobs Act, in the previous Congress we passed a number of 
substantial pieces of legislation to preserve, protect, and create 
American jobs. The Recovery Act alone has supported between 2.7 and 3.7 
million jobs, including 12,000 jobs in my home State of Rhode Island. 
This was vital in stemming the 700,000-per-month job loss rate we faced 
when the previous administration left office. Without the Recovery Act 
and the other fiscal stimulus we passed over the past 2 years, the 
economy would have been much worse.
  While the Recovery Act protected our country from what would have 
been a far worse economic meltdown, the employment market is still weak 
and families are still hurting. Our national unemployment rate was 9.4 
percent in December--an unacceptably high level. And it was higher 
still in harder hit States such as Rhode Island, where we have had an 
11.5-percent unemployment rate in December. As we begin this new 
Congress, our No. 1 priority must remain job retention and creation.
  The manufacturing industry has historically been the engine of growth 
for the American economy. The manufacturing economy has been especially 
important in the industrial Northeast, particularly in my State of 
Rhode Island. From Slater Mill in Pawtucket--one of the first water-
powered textile mills in the Nation and the birthplace of the 
Industrial Revolution--to high-tech modern submarine production at 
Quonset Point, the manufacturing sector has always been central to 
Rhode Island's economy.
  Unfortunately, as American companies have faced rising production 
costs and increased--and very often unfair--competition from foreign 
firms, U.S. manufacturing employment has plummeted. According to the 
Bureau of Labor Statistics, the number of manufacturing jobs declined 
by almost a third over the past decade, from 17.2 million people at 
work in 2000 to 11.7 million people at work in 2010. That is 6 million 
jobs lost. This decline has been felt most sharply in our old 
manufacturing centers, such as Rhode Island. In Rhode Island, the loss 
of manufacturing jobs in the past decade has topped 44 percent. The 
decline of the manufacturing sector is a primary reason why Rhode 
Island has had greater difficulty than most other States in recovering 
from the recent recession.
  Over and over I have traveled around Rhode Island to meet with local 
manufacturers, listening to their frustrations and discussing ideas to 
help their businesses grow. During these visits, I have heard one theme 
over and over: Unfair foreign competition is killing domestic 
industries. One Pawtucket manufacturer I visited last week told me they 
recently lost 8 percent of their business to a Chinese competitor. It 
is clear to me that if we want to keep manufacturing jobs in this 
country and in Rhode Island, we need to level the playing field for our 
manufacturing companies with their foreign competitors.
  Today I will introduce legislation that will remove one homegrown 
incentive to move jobs offshore and help to make competition fairer for 
companies straggling to keep their factory doors open at plants here in 
the United States. The Offshoring Prevention Act, cosponsored by 
Senators Leahy, Sanders, Boxer, Durbin, Brown of Ohio, and Harkin, 
would end a perverse tax incentive that actually rewards companies for 
shipping jobs overseas. Under current law, an American company that 
manufactures goods in Rhode Island or Montana or Maine must pay Federal 
income tax on profits in the year the profits are earned. That is 
standard tax law. But if that same company moves its factory to another 
country, it is permitted to defer the payment of income taxes from that 
factory and declare them in a year that is more advantageous--for 
example, one in which the company has offsetting tax losses.
  If an American company moves a plant offshore, it acquires this tax 
deferral advantage. It makes no sense that our Tax Code allows 
companies to delay paying income taxes on profits when made through 
overseas subsidiaries but charges those profits in the year they are 
made at home. My bill will put a stop to this practice on profits 
earned on manufactured goods exported to the United States. To put it 
simply: Our tax system should not reward companies for eliminating 
American jobs.
  The Offshoring Prevention Act is based on legislation Senator Byron 
Dorgan offered over the past two decades, again and again. We can all 
remember Senator Dorgan coming to this floor here with pictures of 
iconic American goods, such as York Peppermint Patties, Radio Flyer red 
wagons, Fig Newton cookies, and Huffy bicycles, to highlight the fact 
that the production of these American classic products had moved to 
Mexico, to China, and elsewhere. On dozens, if not hundreds, of 
occasions, Senator Dorgan spoke passionately on this floor about the 
decline of American manufacturing. I am grateful to his leadership on 
this critical issue and for bringing our attention to an unfair tax 
advantage that rewards companies for moving manufacturing jobs 
overseas.
  Last year, a version of Senator Dorgan's bill was included in the 
Creating American Jobs and Ending Offshoring Act. While a majority of 
this body--53 Senators--voted to begin debate on the bill, we were not 
able to overcome a filibuster to have a chance to consider and pass 
this legislation. I am sorry we were not able to pass the bill last 
year, and I will do my best to bring it up for a vote in this new 
Congress.
  Mr. President, keeping jobs in America and providing a level playing 
field for American manufacturing should

[[Page S153]]

not be a Democratic or a Republican issue. We all serve here in the 
Senate to represent the interests of our constituents, and our 
constituents want us to keep these good-paying manufacturing jobs in 
America. I hope that all of our colleagues will join me in passing the 
Offshoring Prevention Act to do just that.
                                 ______
                                 
      By Mr. INOUYE (for himself, Mr. Rockefeller, Mr. Kerry, Ms. 
        Snowe, and Mr. Nelson of Florida):
  S. 46. A bill to reauthorize the Coral Reef Conservation Act of 2000, 
and for other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Mr. INOUYE. Mr. President, I am pleased to introduce the Coral Reef 
Conservation Amendments Act, which I also introduced in the 111th 
Congress. This critical bill reauthorizes and strengthens the Coral 
Reef Conservation Act of 2000, a program that I was pleased to 
originally sponsor in the 106th Congress establishing the Coral Reef 
Conservation Program at the National Oceanic and Atmospheric 
Administration, NOAA.
  Coral reefs are among the oldest and most economically and 
biologically important ecosystems in the world. They provide habitat 
for more than one million diverse aquatic species, a natural barrier 
for protection from coastal storms and erosion, and are a potential 
source of treatment for many of the world's diseases. From a commerce 
perspective, reef-supported tourism is a $30 billion industry 
worldwide, and the commercial value of United States fisheries from 
coral reefs is more than $100 million.
  However, our coral reef ecosystems face many threats including 
pollution, climate change and coral bleaching, and overfishing to name 
a few. Coral reefs cover only one-tenth of one percent of the ocean 
floor, yet provide habitat for more than twenty-five percent of all 
marine species.
  The original Coral Reef Conservation Act of 2000 recognized the need 
to preserve, sustain and restore the condition of these valuable coral 
reef ecosystems. The Coral Reef Conservation Amendments Act of 2011 
would strengthen NOAA's ability to comprehensively address threats to 
coral reefs and empower the agency with tools to ensure that damage to 
our coral reef ecosystems is prevented or effectively mitigated. It 
also establishes consistent practices for maintaining data, products, 
and information, and promotes the widespread availability and 
dissemination of that environmental information.
  Finally, the bill allows the Secretary to further develop 
partnerships with foreign governments and international organizations--
partnerships that are critical not only to the understanding of our 
coral reef ecosystems, but also to their protection and restoration.
  Thank you and I would urge you to support this important legislation 
to continue supporting NOAA's leadership role in coral reef 
conservation.
  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. 46

       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 ``Coral Reef 
     Conservation Amendments Act of 2011''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Coral Reef Conservation Act of 2000.
Sec. 3. Purposes.
Sec. 4. National coral reef action strategy.
Sec. 5. Coral reef conservation program.
Sec. 6. Coral reef conservation fund.
Sec. 7. Agreements; redesignations.
Sec. 8. Emergency assistance.
Sec. 9. National program.
Sec. 10. Study of trade in corals.
Sec. 11. International coral reef conservation activities.
Sec. 12. Community-based planning grants.
Sec. 13. Vessel grounding inventory.
Sec. 14. Prohibited activities.
Sec. 15. Destruction of coral reefs.
Sec. 16. Enforcement.
Sec. 17. Permits.
Sec. 18. Regional, State, and Territorial coordination.
Sec. 19. Regulations.
Sec. 20. Effectiveness and assessment report.
Sec. 21. Authorization of appropriations.
Sec. 22. Judicial review.
Sec. 23. Definitions.

     SEC. 2. AMENDMENT OF CORAL REEF CONSERVATION ACT OF 2000.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to or repeal of a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Coral Reef Conservation Act of 2000 
     (16 U.S.C. 6401 et seq.).

     SEC. 3. PURPOSES.

       Section 202 (16 U.S.C. 6401) is amended to read as follows:

     ``SEC. 202. PURPOSES.

       ``The purposes of this Act are--
       ``(1) to preserve, sustain, and restore the condition of 
     coral reef ecosystems;
       ``(2) to promote the wise management and sustainable use of 
     coral reef ecosystems to benefit local communities, the 
     Nation, and the world;
       ``(3) to develop sound scientific information on the 
     condition of coral reef ecosystems and the threats to such 
     ecosystems;
       ``(4) to assist in the preservation of coral reef 
     ecosystems by supporting conservation programs, including 
     projects that involve affected local communities and 
     nongovernmental organizations;
       ``(5) to provide financial resources for those programs and 
     projects;
       ``(6) to establish a formal mechanism for collecting and 
     allocating monetary donations from the private sector to be 
     used for coral reef conservation projects; and
       ``(7) to provide mechanisms to prevent and minimize damage 
     to coral reefs.''.

     SEC. 4. NATIONAL CORAL REEF ACTION STRATEGY.

       Section 203 (16 U.S.C. 6402) is amended to read as follows:
       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of the Coral Reef Conservation Amendments 
     Act of 2011, the Secretary shall submit to the Senate 
     Committee on Commerce, Science, and Transportation and to the 
     House of Representatives Committee on Natural Resources and 
     publish in the Federal Register a national coral reef 
     ecosystem action strategy, consistent with the purposes of 
     this title. The Secretary shall periodically review and 
     revise the strategy as necessary. In developing this national 
     strategy, the Secretary may consult the Coral Reef Task Force 
     established under Executive Order 13089 (June 11, 1998).
       ``(b) Goals and Objectives.--The action strategy shall 
     include a statement of goals and objectives as well as an 
     implementation plan, including a description of the funds 
     obligated each fiscal year to advance coral reef 
     conservation. The action strategy and implementation plan 
     shall include discussion of--
       ``(1) coastal uses and management, including land-based 
     sources of pollution;
       ``(2) climate change;
       ``(3) water and air quality;
       ``(4) mapping and information management;
       ``(5) research, monitoring, and assessment;
       ``(6) international and regional issues;
       ``(7) outreach and education;
       ``(8) local strategies developed by the States or Federal 
     agencies, including regional fishery management councils; and
       ``(9) conservation.''.

     SEC. 5. CORAL REEF CONSERVATION PROGRAM.

       (a) In General.--Section 204 (16 U.S.C. 6403) is amended--
       (1) by striking ``Secretary, through the Administrator 
     and'' in subsection (a) and inserting ``Secretary,'';
       (2) by striking subsection (c) and inserting the following:
       ``(c) Eligibility.--Any natural resource management 
     authority of a State or other government authority with 
     jurisdiction over coral reef ecosystems, or whose activities 
     directly or indirectly affect coral reef ecosystems, or 
     educational or nongovernmental institutions with demonstrated 
     expertise in the conservation of coral reef ecosystems, may 
     submit a coral conservation proposal to the Secretary under 
     subsection (e).'';
       (3) by striking ``Geographic and Biological'' in the 
     heading for subsection (d) and inserting ``Project'';
       (4) by striking paragraph (3) of subsection (d) and 
     inserting the following:
       ``(3) Remaining funds shall be awarded for--
       ``(A) projects (with priority given to community-based 
     local action strategies) that address emerging priorities or 
     threats, including international and territorial priorities, 
     or threats identified by the Secretary; and
       ``(B) other appropriate projects, as determined by the 
     Secretary, including monitoring and assessment, research, 
     pollution reduction, education, and technical support.'';
       (5) by striking subsection (g) and inserting the following:
       ``(g) Criteria for Approval.--The Secretary may not approve 
     a project proposal under this section unless the project is 
     consistent with the coral reef action strategy under section 
     203 and will enhance the conservation of coral reef 
     ecosystems nationally or internationally by--
       ``(1) implementing coral conservation programs which 
     promote sustainable development and ensure effective, long-
     term conservation of coral reef ecosystems and biodiversity;

[[Page S154]]

       ``(2) addressing the conflicts arising from the use of 
     environments near coral reef ecosystems or from the use of 
     corals, species associated with coral reef ecosystems, and 
     coral products;
       ``(3) enhancing compliance with laws that prohibit or 
     regulate the taking of coral products or species associated 
     with coral reef ecosystems or regulate the use and management 
     of coral reef ecosystems;
       ``(4) developing sound scientific information on the 
     condition of coral reef ecosystems or the threats to such 
     ecosystems and their biodiversity, including factors that 
     cause coral disease, ocean acidification, and bleaching;
       ``(5) promoting and assisting the implementation of 
     cooperative coral reef ecosystem conservation projects that 
     involve affected local communities, nongovernmental 
     organizations, or others in the private sector;
       ``(6) increasing public knowledge and awareness of coral 
     reef ecosystems and issues regarding their long-term 
     conservation, including how they function to protect coastal 
     communities;
       ``(7) mapping the location, distribution, and biodiversity 
     of coral reef ecosystems;
       ``(8) developing and implementing techniques to monitor and 
     assess the status and condition of coral reef ecosystems and 
     biodiversity;
       ``(9) developing and implementing cost-effective methods to 
     restore degraded coral reef ecosystems and biodiversity;
       ``(10) responding to, or taking action to help mitigate the 
     effects of, coral disease, ocean acidification, and bleaching 
     events;
       ``(11) promoting activities designed to prevent or minimize 
     damage to coral reef ecosystems, including the promotion of 
     ecologically sound navigation and anchorages; or
       ``(12) promoting and assisting entities to work with local 
     communities, and all appropriate governmental and 
     nongovernmental organizations, to support community-based 
     planning and management initiatives for the protection of 
     coral reef systems.''; and
       (6) by striking ``coral reefs'' in subsection (j) and 
     inserting ``coral reef ecosystems''.
       (b) Conforming Amendments.--Subsections (b), (d), (e), (f), 
     (h), (i), and (j) of section 204 (16 U.S.C. 6403) are each 
     amended by striking ``Administrator'' each place it appears 
     and inserting ``Secretary''.

     SEC. 6. CORAL REEF CONSERVATION FUND.

       Section 205 (16 U.S.C. 6404) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Fund.--The Secretary may enter into agreements with 
     nonprofit organizations promoting coral reef ecosystem 
     conservation by authorizing such organizations to receive, 
     hold, and administer funds received pursuant to this section. 
     Such organizations shall invest, reinvest, and otherwise 
     administer the funds and maintain such funds and any interest 
     or revenues earned in a separate interest-bearing account 
     (referred to in section 219(a) as the Fund) established by 
     such organizations solely to support partnerships between the 
     public and private sectors that further the purposes of this 
     title and are consistent with the national coral reef action 
     strategy under section 203.'';
       (2) by striking ``the grant program'' in subsection (c) and 
     inserting ``any grant program''; and
       (3) by striking ``Administrator'' in subsections (c) and 
     (d) and inserting ``Secretary''.

     SEC. 7. AGREEMENTS; REDESIGNATIONS.

       The Act (16 U.S.C. 6401 et seq.) is amended--
       (1) by redesignating section 206 (16 U.S.C. 6405) as 
     section 207;
       (2) by redesignating section 207 (16 U.S.C. 6406) as 
     section 208;
       (3) by redesignating section 208 (16 U.S.C. 6407) as 
     section 218;
       (4) by redesignating section 209 (16 U.S.C. 6408) as 
     section 219;
       (5) by redesignating section 210 (16 U.S.C. 6409) as 
     section 221; and
       (6) by inserting after section 205 (16 U.S.C. 6404) the 
     following:

     ``SEC. 206. AGREEMENTS.

       ``(a) In General.--The Secretary may execute and perform 
     such contracts, leases, grants, cooperative agreements, or 
     other transactions as may be necessary to carry out the 
     purposes of this title.
       ``(b) Cooperative Agreements.--In addition to the general 
     authority provided by subsection (a), the Secretary may enter 
     into, extend, or renegotiate agreements with universities and 
     research centers with national or regional coral reef 
     research institutes to conduct ecological research and 
     monitoring explicitly aimed at building capacity for more 
     effective resource management. Pursuant to any such 
     agreements these institutes shall--
       ``(1) collaborate directly with governmental resource 
     management agencies, non-profit organizations, and other 
     research organizations;
       ``(2) build capacity within resource management agencies to 
     establish research priorities, plan interdisciplinary 
     research projects and make effective use of research results; 
     and
       ``(3) conduct public education and awareness programs for 
     policy makers, resource managers, and the general public on 
     coral reef ecosystems, best practices for coral reef and 
     ecosystem management and conservation, their value, and 
     threats to their sustainability.
       ``(c) Use of Other Agencies' Resources.--For purposes 
     related to the conservation, preservation, protection, 
     restoration, or replacement of coral reefs or coral reef 
     ecosystems and the enforcement of this title, the Secretary 
     is authorized to use, with their consent and with or without 
     reimbursement, the land, services, equipment, personnel, and 
     facilities of any Department, agency, or instrumentality of 
     the United States, or of any State, local government, tribal 
     government, Territory or possession, or of any political 
     subdivision thereof, or of any foreign government or 
     international organization.
       ``(d) Authority To Utilize Grant Funds.--
       ``(1) Except as provided in paragraph (2), the Secretary 
     may apply for, accept, and obligate research grant funding 
     from any Federal source operating competitive grant programs 
     where such funding furthers the purpose of this title.
       ``(2) The Secretary may not apply for, accept, or obligate 
     any grant funding under paragraph (1) for which the granting 
     agency lacks authority to grant funds to Federal agencies, or 
     for any purpose or subject to conditions that are prohibited 
     by law or regulation.
       ``(3) Appropriated funds may be used to satisfy a 
     requirement to match grant funds with recipient agency funds, 
     except that no grant may be accepted that requires a 
     commitment in advance of appropriations.
       ``(4) Funds received from grants shall be deposited in the 
     National Oceanic and Atmospheric Administration account for 
     the purpose for which the grant was awarded.
       ``(e) Transfer of Funds.--Under an agreement entered into 
     pursuant to subsection (a), and subject to the availability 
     of funds, the Secretary may transfer funds to, and may accept 
     transfers of funds from, Federal agencies, instrumentalities 
     and laboratories, State and local governments, Indian tribes 
     (as defined in section 4 of the Indian Self-Determination and 
     Educational Assistance Act (25 U.S.C. 450(b)), organizations 
     and associations representing Native Americans, native 
     Hawaiians, and Native Pacific Islanders, educational 
     institutions, nonprofit organizations, commercial 
     organizations, and other public and private persons or 
     entities, except that no more than 5 percent of funds 
     appropriated to carry out this section may be transferred. 
     The 5 percent limitation shall not apply to section 204 or 
     section 210.''.

     SEC. 8. EMERGENCY ASSISTANCE.

       Section 207 (formerly 16 U.S.C. 6405), as redesignated by 
     section 7 of this Act, is amended to read as follows:

     ``SEC. 207. EMERGENCY ASSISTANCE.

       ``The Secretary, in cooperation with the Federal Emergency 
     Management Agency, as appropriate, may provide assistance to 
     any State, local, or territorial government agency with 
     jurisdiction over coral reef ecosystems to address any 
     unforeseen or disaster-related circumstance pertaining to 
     coral reef ecosystems.''.

     SEC. 9. NATIONAL PROGRAM.

       Section 208 (formerly 16 U.S.C. 6406), as redesignated by 
     section 7 of this Act, is amended to read as follows:

     ``SEC. 208. NATIONAL PROGRAM.

       ``(a) In General.--Subject to the availability of 
     appropriations, the Secretary may conduct activities, 
     including with local, State, regional, or international 
     programs and partners, as appropriate, to conserve coral reef 
     ecosystems, that are consistent with this title, the National 
     Marine Sanctuaries Act, the Coastal Zone Management Act of 
     1972, the Magnuson-Stevens Fishery Conservation and 
     Management Act, the Endangered Species Act of 1973, and the 
     Marine Mammal Protection Act of 1972.
       ``(b) Authorized Activities.--Activities authorized under 
     subsection (a) include--
       ``(1) mapping, monitoring, assessment, restoration, 
     socioeconomic and scientific research that benefit the 
     understanding, sustainable use, biodiversity, and long-term 
     conservation of coral reef ecosystems;
       ``(2) enhancing public awareness, education, understanding, 
     and appreciation of coral reef ecosystems;
       ``(3) removing, and providing assistance to States in 
     removing, abandoned fishing gear, marine debris, and 
     abandoned vessels from coral reef ecosystems to conserve 
     living marine resources;
       ``(4) responding to incidents and events that threaten and 
     damage coral reef ecosystems;
       ``(5) conservation and management of coral reef ecosystems;
       ``(6) centrally archiving, managing, and distributing data 
     sets and providing coral reef ecosystem assessments and 
     services to the general public with local, regional, or 
     international programs and partners; and
       ``(7) activities designed to prevent or minimize damage to 
     coral reef ecosystems, including those activities described 
     in section 212 of this title.
       ``(c) Data Archive, Access, and Availability.--The 
     Secretary, in coordination with similar efforts at other 
     Departments and agencies shall provide for the long-term 
     stewardship of environmental data, products, and information 
     via data processing, storage, and archive facilities pursuant 
     to this title. The Secretary may--
       ``(1) archive environmental data collected by Federal, 
     State, local agencies, and tribal organizations and federally 
     funded research;
       ``(2) promote widespread availability and dissemination of 
     environmental data and information through full and open 
     access and exchange to the greatest extent possible, 
     including in electronic format on the Internet;

[[Page S155]]

       ``(3) develop standards, protocols, and procedures for 
     sharing Federal data with State and local government programs 
     and the private sector or academia; and
       ``(4) develop metadata standards for coral reef ecosystems 
     in accordance with Federal Geographic Data Committee 
     guidelines.
       ``(d) Emergency Response, Stabilization, and Restoration.--
       ``(1) Establishment of account.--The Secretary shall 
     establish an account (to be called the Emergency Response, 
     Stabilization, and Restoration Account) in the Damage 
     Assessment Restoration Revolving Fund established by the 
     Department of Commerce Appropriations Act, 1991 (33 U.S.C. 
     2706 note), for implementation of this subsection for 
     emergency actions. Amounts appropriated for the Account under 
     section 219, and funds authorized by sections 
     213(d)(1)(C)(ii) and 214(f)(3)(B), shall be deposited into 
     the Account and made available for use by the Secretary as 
     specified in sections 213 and 214.
       ``(2) Deposit and investment of certain funds.-- Any 
     amounts received by the United States pursuant to sections 
     213(d)(1)(C)(ii) and 212(f)(3)(B) shall be deposited into the 
     Emergency Response, Stabilization and Restoration Account 
     established under paragraph (1). The Secretary of Commerce 
     may request the Secretary of the Treasury to invest such 
     portion of the Damage Assessment Restoration Revolving Fund 
     as is not, in the judgment of the Secretary of Commerce, 
     required to meet the current needs of the fund. Such 
     investments shall be made by the Secretary of the Treasury in 
     public debt securities, with maturities suitable to the needs 
     of the fund, as determined by the Secretary of Commerce and 
     bearing interest at rates determined by the Secretary of the 
     Treasury, taking into consideration current market yields on 
     outstanding marketable obligations of the United States of 
     comparable maturity. Interest earned by such investments 
     shall be available for use by the Secretary without further 
     appropriation and remain available until expended.''.

     SEC. 10. STUDY OF TRADE IN CORALS.

       (a) In General.--The Secretary of Commerce, in consultation 
     with the Secretary of the Interior, shall conduct a study on 
     the economic, social, and environmental values and impacts of 
     the United States market in corals and coral products.
       (b) Contents.--The study shall--
       (1) assess the economic and other values of the United 
     States market in coral and coral products, including import 
     and export trade;
       (2) identify primary coral species used in the coral and 
     coral product trade and locations of wild harvest;
       (3) assess the environmental impacts associated with wild 
     harvest of coral;
       (4) assess the effectiveness of current public and private 
     programs aimed at promoting conservation in the coral and 
     coral product trade;
       (5) identify economic and other incentives for coral reef 
     conservation as part of the coral and coral product trade; 
     and
       (6) identify additional actions, if necessary, to ensure 
     that the United States market in coral and coral products 
     does not contribute to the degradation of coral reef 
     ecosystems.
       (c) Report.--Not later than 30 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Natural Resources a 
     report of the study.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this section 
     $100,000.

     SEC. 11. INTERNATIONAL CORAL REEF CONSERVATION ACTIVITIES.

       The Act (16 U.S.C. 6401 et seq.) is amended by inserting 
     after section 208, as redesignated by section 7 of this Act, 
     the following:

     ``SEC. 209. INTERNATIONAL CORAL REEF CONSERVATION ACTIVITIES.

       ``(a) International Coral Reef Conservation Activities.--
       ``(1) In general.--The Secretary shall carry out 
     international coral reef conservation activities consistent 
     with the purposes of this Act with respect to coral reef 
     ecosystems in waters outside the United States jurisdiction. 
     The Secretary shall develop and implement an international 
     coral reef ecosystem strategy pursuant to subsection (b).
       ``(2) Coordination.--In carrying out this subsection, the 
     Secretary shall consult with the Secretary of State, the 
     Administrator of the Agency for International Development, 
     the Secretary of the Interior, and other relevant Federal 
     agencies, and relevant United States stakeholders, and shall 
     take into account coral reef ecosystem conservation 
     initiatives of other nations, international agreements, and 
     intergovernmental and nongovernmental organizations so as to 
     provide effective cooperation and efficiencies in 
     international coral reef conservation. The Secretary may 
     consult with the Coral Reef Task Force in carrying out this 
     subsection.
       ``(b) International Coral Reef Ecosystem Strategy.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Coral Reef Conservation Amendments Act of 
     2011, the Secretary shall submit to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Natural Resources, and publish 
     in the Federal Register, an international coral reef 
     ecosystem strategy, consistent with the purposes of this Act 
     and the national strategy required pursuant to section 
     203(a). The Secretary shall periodically review and revise 
     this strategy as necessary.
       ``(2) Contents.--The strategy developed by the Secretary 
     under paragraph (1) shall--
       ``(A) identify coral reef ecosystems throughout the world 
     that are of high value for United States marine resources, 
     that support high-seas resources of importance to the United 
     States such as fisheries, or that support other interests of 
     the United States;
       ``(B) summarize existing activities by Federal agencies and 
     entities described in subsection (a)(2) to address the 
     conservation of coral reef ecosystems identified pursuant to 
     subparagraph (A);
       ``(C) establish goals, objectives, and specific targets for 
     conservation of priority international coral reef ecosystems;
       ``(D) describe appropriate activities to achieve the goals 
     and targets for international coral reef conservation, in 
     particular those that leverage activities already conducted 
     under this Act;
       ``(E) develop a plan to coordinate implementation of the 
     strategy with entities described in subsection (a)(2) in 
     order to leverage current activities under this Act and other 
     conservation efforts globally;
       ``(F) identify appropriate partnerships, grants, or other 
     funding and technical assistance mechanisms to carry out the 
     strategy; and
       ``(G) develop criteria for prioritizing partnerships under 
     subsection (c).
       ``(c) International Coral Reef Ecosystem Partnerships.--
       ``(1) In general.--The Secretary shall establish an 
     international coral reef ecosystem partnership program to 
     provide support, including funding and technical assistance, 
     for activities that implement the strategy developed pursuant 
     to subsection (b).
       ``(2) Mechanisms.--The Secretary shall provide such support 
     through existing authorities, working in collaboration with 
     the entities described in subsection (a)(2).
       ``(3) Agreements.--The Secretary may execute and perform 
     such contracts, leases, grants, cooperative agreements, or 
     other transactions as may be necessary to carry out the 
     purposes of this section.
       ``(4) Transfer of funds.--To implement this section and 
     subject to the availability of funds, the Secretary may 
     transfer funds to a foreign government or international 
     organization, and may accept transfers of funds from such 
     entities, except that no more than 5 percent of funds 
     appropriated to carry out this section may be transferred.
       ``(5) Criteria for approval.--The Secretary may not approve 
     a partnership proposal under this section unless the 
     partnership is consistent with the international coral reef 
     conservation strategy developed pursuant to subsection (b), 
     and meets the criteria specified in that strategy.''.

     SEC. 12. COMMUNITY-BASED PLANNING GRANTS.

       The Act (16 U.S.C. 6401 et seq.) is amended by inserting 
     after section 209, as added by section 11 of this Act, the 
     following:

     ``SEC. 210. COMMUNITY-BASED PLANNING GRANTS.

       ``(a) In General.--The Secretary may make grants to 
     entities that have received grants under section 204 to 
     provide additional funds to such entities to work with local 
     communities and through appropriate Federal and State 
     entities to prepare and implement plans for the increased 
     protection of coral reef areas identified by the community 
     and scientific experts as high priorities for focused 
     attention. The plans shall--
       ``(1) support attainment of 1 or more of the criteria 
     described in section 204(g);
       ``(2) be developed at the community level;
       ``(3) utilize watershed-based approaches;
       ``(4) provide for coordination with Federal and State 
     experts and managers; and
       ``(5) build upon local approaches, strategies, or models, 
     including traditional or island-based resource management 
     concepts.
       ``(b) Terms and Conditions.--The provisions of subsections 
     (b), (d), (f), and (h) of section 204 apply to grants under 
     subsection (a), except that, for the purpose of applying 
     section 204(b)(1) to grants under this section, `75 percent' 
     shall be substituted for `50 percent'.''.

     SEC. 13. VESSEL GROUNDING INVENTORY.

       The Act (16 U.S.C. 6401 et seq.) is amended by inserting 
     after section 210, as added by section 12 of this Act, the 
     following:

     ``SEC. 211. VESSEL GROUNDING INVENTORY.

       ``(a) In General.--The Secretary may maintain an inventory 
     of all vessel grounding incidents involving coral reefs, 
     including a description of--
       ``(1) the impacts to affected coral reef ecosystems;
       ``(2) vessel and ownership information, if available;
       ``(3) the estimated cost of removal, mitigation, or 
     restoration;
       ``(4) the response action taken by the owner, the 
     Secretary, the Commandant of the Coast Guard, or other 
     Federal or State agency representatives;
       ``(5) the status of the response action, including the 
     dates of vessel removal and mitigation or restoration and any 
     actions taken to prevent future grounding incidents; and
       ``(6) recommendations for additional navigational aids or 
     other mechanisms for preventing future grounding incidents.
       ``(b) Identification of At-Risk Reefs.--The Secretary may--
       ``(1) use information from any inventory maintained under 
     subsection (a) or any other available information source to 
     identify

[[Page S156]]

     coral reef ecosystems that have a high incidence of vessel 
     impacts, including groundings and anchor damage;
       ``(2) identify appropriate measures, including the 
     acquisition and placement of aids to navigation, moorings, 
     designated anchorage areas, fixed anchors and other devices, 
     to reduce the likelihood of such impacts; and
       ``(3) develop a strategy and timetable to implement such 
     measures, including cooperative actions with other government 
     agencies and non-governmental partners.''.

     SEC. 14. PROHIBITED ACTIVITIES.

       (a) In General.--The Act (16 U.S.C. 6401 et seq.) is 
     amended by inserting after section 211, as added by section 
     13 of this Act, the following:

     ``SEC. 212. PROHIBITED ACTIVITIES AND SCOPE OF PROHIBITIONS.

       ``(a) Provisions as Complementary.--The provisions of this 
     section are in addition to, and shall not affect the 
     operation of, other Federal, State, or local laws or 
     regulations providing protection to coral reef ecosystems.
       ``(b) Destruction, Loss, Taking, or Injury.--
       ``(1) In general.--Except as provided in paragraph (2), it 
     is unlawful for any person to destroy, take, cause the loss 
     of, or injure any coral reef or any component thereof.
       ``(2) Exceptions.--The destruction, loss, taking, or injury 
     of a coral reef or any component thereof is not unlawful if 
     it--
       ``(A) was caused by the use of fishing gear used in a 
     manner permitted under the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.) or 
     other Federal or State law;
       ``(B) was caused by an activity that is authorized or 
     allowed by Federal or State law (including lawful discharges 
     from vessels, such as graywater, cooling water, engine 
     exhaust, ballast water, or sewage from marine sanitation 
     devices), unless the destruction, loss, or injury resulted 
     from actions such as vessel groundings, vessel scrapings, 
     anchor damage, excavation not authorized by Federal or State 
     permit, or other similar activities;
       ``(C) was the necessary result of bona fide marine 
     scientific research (including marine scientific research 
     activities approved by Federal, State, or local permits), 
     other than excessive sampling or collecting, or actions such 
     as vessel groundings, vessel scrapings, anchor damage, 
     excavation, or other similar activities;
       ``(D) was caused by a Federal Government agency--
       ``(i) during--

       ``(I) an emergency that posed an unacceptable threat to 
     human health or safety or to the marine environment;
       ``(II) an emergency that posed a threat to national 
     security; or
       ``(III) an activity necessary for law enforcement or search 
     and rescue; and

     could not reasonably be avoided; or
       ``(E) was caused by an action taken by the master of the 
     vessel in an emergency situation to ensure the safety of the 
     vessel or to save a life at sea.
       ``(c) Interference With Enforcement.--It is unlawful for 
     any person to interfere with the enforcement of this title 
     by--
       ``(1) refusing to permit any officer authorized to enforce 
     this title to board a vessel (other than a vessel operated by 
     the Department of Defense or United States Coast Guard) 
     subject to such person's control for the purposes of 
     conducting any search or inspection in connection with the 
     enforcement of this title;
       ``(2) resisting, opposing, impeding, intimidating, 
     harassing, bribing, interfering with, or forcibly assaulting 
     any person authorized by the Secretary to implement this 
     title or any such authorized officer in the conduct of any 
     search or inspection performed under this title; or
       ``(3) submitting false information to the Secretary or any 
     officer authorized to enforce this title in connection with 
     any search or inspection conducted under this title.
       ``(d) Violations of Title, Permit, or Regulation.--It is 
     unlawful for any person to violate any provision of this 
     title, any permit issued pursuant to this title, or any 
     regulation promulgated pursuant to this title.
       ``(e) Possession and Distribution.--It is unlawful for any 
     person to possess, sell, deliver, carry, transport, or ship 
     by any means any coral taken in violation of this title.''.
       (b) Emergency Action Regulations.--The Secretary of 
     Commerce shall initiate a rulemaking proceeding to prescribe 
     the circumstances and conditions under which the exception in 
     section 212(b)(2)(E) of the Coral Reef Conservation Act of 
     2000, as amended by subsection (a), applies and shall issue a 
     final rule pursuant to that rulemaking as soon as practicable 
     but not later than 1 year after the date of enactment of this 
     Act. Nothing in this subsection shall be construed to require 
     the issuance of such regulations before the exception 
     provided by that section is in effect.

     SEC. 15. DESTRUCTION OF CORAL REEFS.

       The Act (16 U.S.C. 6401 et seq.) is amended by inserting 
     after section 212, as added by section 14 of this Act, the 
     following:

     ``SEC. 213. DESTRUCTION, LOSS, OR TAKING OF, OR INJURY TO, 
                   CORAL REEFS.

       ``(a) Liability.--
       ``(1) Liability to the united states.--Except as provided 
     in subsection (f), all persons who engage in an activity that 
     is prohibited under subsections (b) or (d) of section 212, or 
     create an imminent risk thereof, are liable, jointly and 
     severally, to the United States for an amount equal to the 
     sum of--
       ``(A) response costs and damages resulting from the 
     destruction, loss, taking, or injury, or imminent risk 
     thereof, including damages resulting from the response 
     actions;
       ``(B) costs of seizure, forfeiture, storage, and disposal 
     arising from liability under this section; and
       ``(C) interest on that amount calculated in the manner 
     described in section 1005 of the Oil Pollution Act of 1990 
     (33 U.S.C. 2705).
       ``(2) Liability in rem.--
       ``(A) Any vessel used in an activity that is prohibited 
     under subsection (b) or (d) of section 212, or creates an 
     imminent risk thereof, shall be liable in rem to the United 
     States for an amount equal to the sum of--
       ``(i) response costs and damages resulting from such 
     destruction, loss, or injury, or imminent risk thereof, 
     including damages resulting from the response actions;
       ``(ii) costs of seizure, forfeiture, storage, and disposal 
     arising from liability under this section; and
       ``(iii) interest on that amount calculated in the manner 
     described in section 1005 of the Oil Pollution Act of 1990 
     (33 U.S.C. 2705).
       ``(B) The amount of liability shall constitute a maritime 
     lien on the vessel and may be recovered in an action in rem 
     in any district court of the United States that has 
     jurisdiction over the vessel.
       ``(3) Defenses.--A person or vessel is not liable under 
     this subsection if that person or vessel establishes that the 
     destruction, loss, taking, or injury was caused solely by an 
     act of God, an act of war, or an act or omission of a third 
     party (other than an employee or agent of the defendant or 
     one whose act or omission occurs in connection with a 
     contractual relationship, existing directly or indirectly 
     with the defendant), and the person or master of the vessel 
     acted with due care.
       ``(4) No Limit to liability.--Nothing in sections 30501 
     through 30512 or section 30706 of title 46, United States 
     Code, shall limit liability to any person under this title.
       ``(b) Response Actions and Damage Assessment.--
       ``(1) Response actions.--The Secretary may undertake or 
     authorize all necessary actions to prevent or minimize the 
     destruction, loss, or taking of, or injury to, coral reefs, 
     or components thereof, or to minimize the risk or imminent 
     risk of such destruction, loss, or injury.
       ``(2) Damage assessment.--
       ``(A) The Secretary shall assess damages (as defined in 
     section 221(8)) to coral reefs and shall consult with State 
     officials regarding response and damage assessment actions 
     undertaken for coral reefs within State waters.
       ``(B) There shall be no double recovery under this chapter 
     for coral reef damages, including the cost of damage 
     assessment, for the same incident.
       ``(c) Commencement of Civil Action for Response Costs and 
     Damages.--
       ``(1) Commencement.--The Attorney General, upon the request 
     of the Secretary, may commence a civil action against any 
     person or vessel that may be liable under subsection (a) of 
     this section for response costs, seizure, forfeiture, 
     storage, or disposal costs, and damages, and interest on that 
     amount calculated in the manner described in section 1005 of 
     the Oil Pollution Act of 1990 (33 U.S.C. 2705). The 
     Secretary, acting as trustee for coral reefs for the United 
     States, shall submit a request for such an action to the 
     Attorney General whenever a person or vessel may be liable 
     for such costs or damages.
       ``(2) Venue in civil actions.--A civil action under this 
     title may be brought in the United States district court for 
     any district in which--
       ``(A) the defendant is located, resides, or is doing 
     business, in the case of an action against a person;
       ``(B) the vessel is located, in the case of an action 
     against a vessel;
       ``(C) the destruction, loss, or taking of, or injury to a 
     coral reef, or component thereof, occurred or in which there 
     is an imminent risk of such destruction, loss, or injury; or
       ``(D) where some or all of the coral reef or component 
     thereof that is the subject of the action is not within the 
     territory covered by any United States district court, such 
     action may be brought either in the United States district 
     court for the district closest to the location where the 
     destruction, loss, injury, or risk of injury occurred, or in 
     the United States District Court for the District of 
     Columbia.
       ``(d) Use of Recovered Amounts.--
       ``(1) In general.--Any costs, including response costs and 
     damages recovered by the Secretary under this section shall--
       ``(A) be deposited into an account or accounts in the 
     Damage Assessment Restoration Revolving Fund established by 
     the Department of Commerce Appropriations Act, 1991 (33 
     U.S.C. 2706 note), or the Natural Resource Damage Assessment 
     and Restoration Fund established by the Department of the 
     Interior and Related Agencies Appropriations Act, 1992 (43 
     U.S.C. 1474b), as appropriate given the location of the 
     violation;
       ``(B) be available for use by the Secretary without further 
     appropriation and remain available until expended; and
       ``(C) be for use, as the Secretary considers appropriate--
       ``(i) to reimburse the Secretary or any other Federal or 
     State agency that conducted activities under subsection (a) 
     or (b) of this section for costs incurred in conducting the 
     activity;

[[Page S157]]

       ``(ii) to be transferred to the Emergency Response, 
     Stabilization and Restoration Account established under 
     section 208(d) to reimburse that account for amounts used for 
     authorized emergency actions; and
       ``(iii) after reimbursement of such costs, to restore, 
     replace, or acquire the equivalent of any coral reefs, or 
     components thereof, including the reasonable costs of 
     monitoring, or to minimize or prevent threats of equivalent 
     injury to, or destruction of coral reefs, or components 
     thereof.
       ``(2) Restoration considerations.--In development of 
     restoration alternatives under paragraph (1)(C), the 
     Secretary shall consider State and territorial preferences 
     and, if appropriate, shall prioritize restoration projects 
     with geographic and ecological linkages to the injured 
     resources.
       ``(e) Statute of Limitations.--An action for response costs 
     or damages under subsection (c) shall be barred unless the 
     complaint is filed within 3 years after the date on which the 
     Secretary completes a damage assessment and restoration plan 
     for the coral reefs, or components thereof, to which the 
     action relates.
       ``(f) Federal Government Activities.--In the event of 
     threatened or actual destruction of, loss of, or injury to a 
     coral reef or component thereof resulting from an incident 
     caused by a component of any Department or agency of the 
     United States Government, the cognizant Department or agency 
     shall satisfy its obligations under this section by promptly, 
     in coordination with the Secretary, taking appropriate 
     actions to respond to and mitigate the harm and restoring or 
     replacing the coral reef or components thereof and 
     reimbursing the Secretary for all assessment costs.
       ``(g) Uniformed Service Officers and Employees.--No officer 
     or employee of a uniformed service (as defined in section 101 
     of title 10, United States Code) shall be held liable under 
     this section, either in such officer's or employee's personal 
     or official capacity, for any violation of section 212 
     occurring during the performance of the officer's or 
     employee's official governmental duties.
       ``(h) Contract Employees.--No contract employee of a 
     uniformed service (as so defined), serving as vessel master 
     or crew member, shall be liable under this section for any 
     violation of section 212 if that contract employee--
       ``(1) is acting as a contract employee of a uniformed 
     service under the terms of an operating contract for a vessel 
     owned by a uniformed service, or a time charter for pre-
     positioned vessels, special mission vessels, or vessels 
     exclusively transporting military supplies and materials; and
       ``(2) is engaged in an action or actions over which such 
     employee has been given no discretion (e.g., anchoring or 
     mooring at one or more designated anchorages or buoys, or 
     executing specific operational elements of a special mission 
     activity), as determined by the uniformed service controlling 
     the contract.''.

     SEC. 16. ENFORCEMENT.

       The Act (16 U.S.C. 6401 et seq.) is amended by inserting 
     after section 213, as added by section 15 of this Act, the 
     following:

     ``SEC. 214. ENFORCEMENT.

       ``(a) In General.--The Secretary shall conduct enforcement 
     activities to carry out this title.
       ``(b) Powers of Authorized Officers.--
       ``(1) In general.--Any person who is authorized to enforce 
     this title may--
       ``(A) board, search, inspect, and seize any vessel or other 
     conveyance suspected of being used to violate this title, any 
     regulation promulgated under this title, or any permit issued 
     under this title, and any equipment, stores, and cargo of 
     such vessel, except that such authority shall not exist with 
     respect to vessels owned or time chartered by a uniformed 
     service (as defined in section 101 of title 10, United States 
     Code) as warships or naval auxiliaries;
       ``(B) seize wherever found any component of coral reef 
     taken or retained in violation of this title, any regulation 
     promulgated under this title, or any permit issued under this 
     title;
       ``(C) seize any evidence of a violation of this title, any 
     regulation promulgated under this title, or any permit issued 
     under this title;
       ``(D) execute any warrant or other process issued by any 
     court of competent jurisdiction;
       ``(E) exercise any other lawful authority; and
       ``(F) arrest any person, if there is reasonable cause to 
     believe that such person has committed an act prohibited by 
     section 212.
       ``(2) Naval auxiliary defined.--In this subsection, the 
     term `naval auxiliary' means a vessel, other than a warship, 
     that is owned by or under the exclusive control of a 
     uniformed service and used at the time of the destruction, 
     take, loss or injury for government, non-commercial service, 
     including combat logistics force vessels, pre-positioned 
     vessels, special mission vessels, or vessels exclusively used 
     to transport military supplies and materials.
       ``(c) Civil Enforcement and Permit Sanctions.--
       ``(1) Civil administrative penalty.--Any person subject to 
     the jurisdiction of the United States who violates this title 
     or any regulation promulgated or permit issued hereunder, 
     shall be liable to the United States for a civil 
     administrative penalty of not more than $200,000 for each 
     such violation, to be assessed by the Secretary. Each day of 
     a continuing violation shall constitute a separate violation. 
     In determining the amount of civil administrative penalty, 
     the Secretary shall take into account the nature, 
     circumstances, extent, and gravity of the prohibited acts 
     committed and, with respect to the violator, the degree of 
     culpability, and any history of prior violations, and such 
     other matters as justice may require. In assessing such 
     penalty, the Secretary may also consider information related 
     to the ability of the violator to pay.
       ``(2) Permit sanctions.--For any person subject to the 
     jurisdiction of the United States who has been issued or has 
     applied for a permit under this title, and who violates this 
     title or any regulation or permit issued under this title, 
     the Secretary may deny, suspend, amend, or revoke in whole or 
     in part any such permit. For any person who has failed to pay 
     or defaulted on a payment agreement of any civil penalty or 
     criminal fine or liability assessed pursuant to any natural 
     resource law administered by the Secretary, the Secretary may 
     deny, suspend, amend or revoke in whole or in part any permit 
     issued or applied for under this title.
       ``(3) Imposition of civil judicial penalties.--Any person 
     who violates any provision of this title, any regulation 
     promulgated or permit issued thereunder, shall be subject to 
     a civil judicial penalty not to exceed $250,000 for each such 
     violation. Each day of a continuing violation shall 
     constitute a separate violation. The Attorney General, upon 
     the request of the Secretary, may commence a civil action in 
     an appropriate district court of the United States, and such 
     court shall have jurisdiction to award civil penalties and 
     such other relief as justice may require. In determining the 
     amount of a civil penalty, the court shall take into account 
     the nature, circumstances, extent, and gravity of the 
     prohibited acts committed and, with respect to the violator, 
     the degree of culpability, any history of prior violations, 
     and such other matters as justice may require. In imposing 
     such penalty, the district court may also consider 
     information related to the ability of the violator to pay.
       ``(4) Notice.--No penalty or permit sanction shall be 
     assessed under this subsection until after the person charged 
     has been given notice and an opportunity for a hearing.
       ``(5) In rem jurisdiction.--A vessel used in violating this 
     title, any regulation promulgated under this title, or any 
     permit issued under this title, shall be liable in rem for 
     any civil penalty assessed for such violation. Such penalty 
     shall constitute a maritime lien on the vessel and may be 
     recovered in an action in rem in the district court of the 
     United States having jurisdiction over the vessel.
       ``(6) Collection of penalties.--If any person fails to pay 
     an assessment of a civil penalty under this section after it 
     has become a final and unappealable order, or after the 
     appropriate court has entered final judgment in favor of the 
     Secretary, the Secretary shall refer the matter to the 
     Attorney General, who shall recover the amount assessed in 
     any appropriate district court of the United States (plus 
     interest at current prevailing rates from the date of the 
     final order). In such action, the validity and 
     appropriateness of the final order imposing the civil penalty 
     shall not be subject to review. Any person who fails to pay, 
     on a timely basis, the amount of an assessment of a civil 
     penalty shall be required to pay, in addition to such amount 
     and interest, attorney's fees and costs for collection 
     proceedings and a quarterly nonpayment penalty for each 
     quarter during which such failure to pay persists. Such 
     nonpayment penalty shall be in an amount equal to 20 percent 
     of the aggregate amount of such person's penalties and 
     nonpayment penalties that are unpaid as of the beginning of 
     such quarter.
       ``(7) Compromise or other action by Secretary.--The 
     Secretary may compromise, modify, or remit, with or without 
     conditions, any civil administrative penalty or permit 
     sanction which is or may be imposed under this section and 
     that has not been referred to the Attorney General for 
     further enforcement action.
       ``(8) Jurisidiction.--The several district courts of the 
     United States shall have jurisdiction over any actions 
     brought by the United States arising under this section. For 
     the purpose of this section, American Samoa shall be included 
     within the judicial district of the District Court of the 
     United States for the District of Hawaii. Each violation 
     shall be a separate offense and the offense shall be deemed 
     to have been committed not only in the district where the 
     violation first occurred, but also in any other district as 
     authorized by law.
       ``(d) Forfeiture.--
       ``(1) Criminal forfeiture.--A person who is convicted of an 
     offense in violation of this title shall forfeit to the 
     United States--
       ``(A) any property, real or personal, constituting or 
     traceable to the gross proceeds taken, obtained, or retained, 
     in connection with or as a result of the offense, including, 
     without limitation, any coral reef or coral reef component 
     (or the fair market value thereof); and
       ``(B) any property, real or personal, used or intended to 
     be used, in any manner, to commit or facilitate the 
     commission of the offense, including, without limitation, any 
     vessel (including the vessel's equipment, stores, catch and 
     cargo), vehicle, aircraft, or other means of transportation.

     Pursuant to section 2461(c) of title 28, United States Code, 
     the provisions of section 413 of

[[Page S158]]

     the Controlled Substances Act (21 U.S.C. 853) other than 
     subsection (d) thereof shall apply to criminal forfeitures 
     under this section.
       ``(2) Civil forfeiture.--The property set forth below shall 
     be subject to forfeiture to the United States in accordance 
     with the provisions of chapter 46 of title 18, United States 
     Code, and no property right shall exist in it:
       ``(A) Any property, real or personal, constituting or 
     traceable to the gross proceeds taken, obtained, or retained, 
     in connection with or as a result of a violation of this 
     title, including, without limitation, any coral reef or coral 
     reef component (or the fair market value thereof).
       ``(B) Any property, real or personal, used or intended to 
     be used, in any manner, to commit or facilitate the 
     commission of a violation of this title, including, without 
     limitation, any vessel (including the vessel's equipment, 
     stores, catch and cargo), vehicle, aircraft, or other means 
     of transportation.
       ``(3) Application of the customs laws.--All provisions of 
     law relating to seizure, summary judgment, and judicial 
     forfeiture and condemnation for violation of the customs 
     laws, the disposition of the property forfeited or condemned 
     or the proceeds from the sale thereof, the remission or 
     mitigation of such forfeitures, and the compromise of claims 
     shall apply to seizures and forfeitures incurred, or alleged 
     to have been incurred, under the provisions of this title, 
     insofar as applicable and not inconsistent with the 
     provisions hereof. For seizures and forfeitures of property 
     under this section by the Secretary, such duties as are 
     imposed upon the customs officer or any other person with 
     respect to the seizure and forfeiture of property under the 
     customs law may be performed by such officers as are 
     designated by the Secretary or, upon request of the 
     Secretary, by any other agency that has authority to manage 
     and dispose of seized property.
       ``(4) Presumption.--For the purposes of this section there 
     is a rebuttable presumption that all coral reefs, or 
     components thereof, found on board a vessel that is used or 
     seized in connection with a violation of this title or of any 
     regulation promulgated under this title were taken, obtained, 
     or retained in violation of this title or of a regulation 
     promulgated under this title.
       ``(e) Payment of Storage, Care, and Other Costs.--Any 
     person assessed a civil penalty for a violation of this title 
     or of any regulation promulgated under this title and any 
     claimant in a forfeiture action brought for such a violation, 
     shall be liable for the reasonable costs incurred by the 
     Secretary in storage, care, and maintenance of any property 
     seized in connection with the violation.
       ``(f) Expenditures.--
       ``(1) Notwithstanding section 3302 of title 31, United 
     States Code, or section 311 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1861), amounts 
     received by the United States as civil penalties under 
     subsection (c) of this section, forfeitures of property under 
     subsection (d) of this section, and costs imposed under 
     subsection (e) of this section, shall--
       ``(A) be placed into an account;
       ``(B) be available for use by the Secretary without further 
     appropriation; and
       ``(C) remain available until expended.
       ``(2) Amounts received under this section for forfeitures 
     under subsection (d) and costs imposed under subsection (e) 
     shall be used to pay the reasonable and necessary costs 
     incurred by the Secretary to provide temporary storage, care, 
     maintenance, and disposal of any property seized in 
     connection with a violation of this title or any regulation 
     promulgated under this title.
       ``(3) Amounts received under this section as civil 
     penalties under subsection (c) of this section and any 
     amounts remaining after the operation of paragraph (2) of 
     this subsection shall--
       ``(A) be used to stabilize, restore, or otherwise manage 
     the coral reef with respect to which the violation occurred 
     that resulted in the penalty or forfeiture;
       ``(B) be transferred to the Emergency Response, 
     Stabilization, and Restoration Account established under 
     section 208(d) or an account described in section 213(d)(1) 
     of this title, to reimburse such account for amounts used for 
     authorized emergency actions;
       ``(C) be used to conduct monitoring and enforcement 
     activities;
       ``(D) be used to conduct research on techniques to 
     stabilize and restore coral reefs;
       ``(E) be used to conduct activities that prevent or reduce 
     the likelihood of future damage to coral reefs;
       ``(F) be used to stabilize, restore or otherwise manage any 
     other coral reef; or
       ``(G) be used to pay a reward to any person who furnishes 
     information leading to an assessment of a civil penalty, or 
     to a forfeiture of property, for a violation of this title or 
     any regulation promulgated under this title.
       ``(g) Criminal Enforcement.--
       ``(1) Any person (other than a foreign government or any 
     entity of such government) who knowingly commits any act 
     prohibited by section 212(c) of this title shall be 
     imprisoned for not more than 5 years and shall be fined not 
     more than $500,000 for individuals or $1,000,000 for an 
     organization; except that if in the commission of any such 
     offense the individual uses a dangerous weapon, engages in 
     conduct that causes bodily injury to any officer authorized 
     to enforce the provisions of this title, or places any such 
     officer in fear of imminent bodily injury, the maximum term 
     of imprisonment is not more than 10 years.
       ``(2) Any person (other than a foreign government or any 
     entity of such government) who knowingly violates subsection 
     (b), (d), or (e) of section 212 shall be fined under title 
     18, United States Code, or imprisoned not more than 5 years 
     or both.
       ``(3) Any person (other than a foreign government or any 
     entity of such government) who violates subsection (b), (d), 
     or (e) of section 212, and who, in the exercise of due care 
     should know that such person's conduct violates subsection 
     (b), (d), or (e) of section 212, shall be fined under title 
     18, United States Code, or imprisoned not more than 1 year, 
     or both.
       ``(4) The several district courts of the United States 
     shall have jurisdiction over any actions brought by the 
     United States arising under this subsection. For the purpose 
     of this subsection, American Samoa shall be included within 
     the judicial district of the District Court of the United 
     States for the District of Hawaii. Each violation shall be a 
     separate offense and the offense shall be deemed to have been 
     committed not only in the district where the violation first 
     occurred, but also in any other district as authorized by 
     law. Any offenses not committed in any district are subject 
     to the venue provisions of section 3238 of title 18, United 
     States Code.
       ``(h) Subpoenas.--In the case of any investigation or 
     hearing under this section or any other natural resource 
     statute administered by the National Oceanic and Atmospheric 
     Administration which is determined on the record in 
     accordance with the procedures provided for under section 554 
     of title 5, United States Code, the Secretary may issue 
     subpoenas for the attendance and testimony of witnesses and 
     the production of relevant papers, books, electronic files, 
     and documents, and may administer oaths.
       ``(i) Coast Guard Authority Not Limited.--Nothing in this 
     section shall be considered to limit the authority of the 
     Coast Guard to enforce this or any other Federal law under 
     section 89 of title 14, United States Code.
       ``(j) Injunctive Relief.--
       ``(1) If the Secretary determines that there is an imminent 
     risk of destruction or loss of or injury to a coral reef, or 
     that there has been actual destruction or loss of, or injury 
     to, a coral reef which may give rise to liability under 
     section 213 of this title, the Attorney General, upon request 
     of the Secretary, shall seek to obtain such relief as may be 
     necessary to abate such risk or actual destruction, loss, or 
     injury, or to restore or replace the coral reef, or both. The 
     district courts of the Unites States shall have jurisdiction 
     in such a case to order such relief as the public interest 
     and the equities of the case may require.
       ``(2) Upon the request of the Secretary, the Attorney 
     General may seek to enjoin any person who is alleged to be in 
     violation of any provision of this title, or any regulation 
     or permit issued under this title, and the district courts 
     shall have jurisdiction to grant such relief.
       ``(k) Area of Application and Enforceability.--The area of 
     application and enforceability of this title includes the 
     internal waters of the United States, the territorial sea of 
     the United States, as described in Presidential Proclamation 
     5928 of December 27, 1988, the Exclusive Economic Zone of the 
     United States as described in Presidential Proclamation 5030 
     of March 10, 1983, and the continental shelf, consistent with 
     international law.
       ``(l) Nationwide Service of Process.--In any action by the 
     United States under this title, process may be served in any 
     district where the defendant is found, resides, transacts 
     business, or has appointed an agent for the service of 
     process, and for civil cases may also be served in a place 
     not within the United States in accordance with rule 4 of the 
     Federal Rules of Civil Procedure.
       ``(m) Venue in Civil Actions.--A civil action under this 
     title may be brought in the United States district court for 
     any district in which--
       ``(1) the defendant is located, resides, or is doing 
     business, in the case of an action against a person;
       ``(2) the vessel is located, in the case of an action 
     against a vessel;
       ``(3) the destruction of, loss of, or injury to a coral 
     reef, or component thereof, occurred or in which there is an 
     imminent risk of such destruction, loss, or injury; or
       ``(4) where some or all of the coral reef or component 
     thereof that is the subject of the action is not within the 
     territory covered by any United States district court, such 
     action may be brought either in the United States district 
     court for the district closest to the location where the 
     destruction, loss, injury, or risk of injury occurred, or in 
     the United States District Court for the District of 
     Columbia.
       ``(n) Uniformed Service Officers and Employees.--No officer 
     or employee of a uniformed service (as defined in section 101 
     of title 10, United States Code) shall be held liable under 
     this section, either in such officer's or employee's personal 
     or official capacity, for any violation of section 212 
     occurring during the performance of the officer's or 
     employee's official governmental duties.
       ``(o) Contract Employees.--No contract employee of a 
     uniformed service (as so defined), serving as vessel master 
     or crew member, shall be liable under this section for any 
     violation of section 212 if that contract employee--

[[Page S159]]

       ``(1) is acting as a contract employee of a uniformed 
     service under the terms of an operating contract for a vessel 
     owned by a uniformed service, or a time charter for pre-
     positioned vessels, special mission vessels, or vessels 
     exclusively transporting military supplies and materials; and
       ``(2) is engaged in an action or actions over which such 
     employee has been given no discretion (e.g., anchoring or 
     mooring at one or more designated anchorages or buoys, or 
     executing specific operational elements of a special mission 
     activity), as determined by the uniformed service controlling 
     the contract.''.

     SEC. 17. PERMITS.

       The Act (16 U.S.C. 6401 et seq.) is amended by inserting 
     after section 214, as added by section 16 of this Act, the 
     following:

     ``SEC. 215. PERMITS.

       ``(a) In General.--The Secretary may allow for the conduct 
     of--
       ``(1) bona fide research, and
       ``(2) activities that would otherwise be prohibited by this 
     title or regulations issued thereunder,
     through issuance of coral reef conservation permits in 
     accordance with regulations issued under this title.
       ``(b) Limitation of Non-Research Activities.--The Secretary 
     may not issue a permit for activities other than for bona 
     fide research unless the Secretary finds--
       ``(1) the activity proposed to be conducted is compatible 
     with one or more of the purposes in section 202(b) of this 
     title;
       ``(2) the activity conforms to the provisions of all other 
     laws and regulations applicable to the area for which such 
     permit is to be issued; and
       ``(3) there is no practicable alternative to conducting the 
     activity in a manner that destroys, causes the loss of, or 
     injures any coral reef or any component thereof.
       ``(c) Terms and Conditions.--The Secretary may place any 
     terms and conditions on a permit issued under this section 
     that the Secretary deems reasonable.
       ``(d) Fees.--
       ``(1) Assessment and collection.--Subject to regulations 
     issued under this title, the Secretary may assess and collect 
     fees as specified in this subsection.
       ``(2) Amount.--Any fee assessed shall be equal to the sum 
     of--
       ``(A) all costs incurred, or expected to be incurred, by 
     the Secretary in processing the permit application, including 
     indirect costs; and
       ``(B) if the permit is approved, all costs incurred, or 
     expected to be incurred, by the Secretary as a direct result 
     of the conduct of the activity for which the permit is 
     issued, including costs of monitoring the conduct of the 
     activity and educating the public about the activity and 
     coral reef resources related to the activity.
       ``(3) Use of fees.--Amounts collected by the Secretary in 
     the form of fees under this section shall be collected and 
     available for use only to the extent provided in advance in 
     appropriations Acts and may be used by the Secretary for 
     issuing and administering permits under this section.
       ``(4) Waiver or reduction of fees.--For any fee assessed 
     under paragraph (2) of this subsection, the Secretary may--
       ``(A) accept in-kind contributions in lieu of a fee; or
       ``(B) waive or reduce the fee.
       ``(e) Fishing.--Nothing in this section shall be considered 
     to require a person to obtain a permit under this section for 
     the conduct of any fishing activities not prohibited by this 
     title or regulations issued thereunder.''.

     SEC. 18. REGIONAL, STATE, AND TERRITORIAL COORDINATION.

       The Act (16 U.S.C. 6401 et seq.) is amended by inserting 
     after section 215, as added by section 17 of this Act, the 
     following:

     ``SEC. 216. REGIONAL, STATE, AND TERRITORIAL COORDINATION.

       ``(a) Regional Coordination.--The Secretary and other 
     Federal members of the Coral Reef Task Force shall work in 
     coordination and collaboration with other Federal agencies, 
     States, and United States territorial governments to 
     implement the strategies developed under section 203, 
     including regional and local strategies, to address multiple 
     threats to coral reefs and coral reef ecosystems.
       ``(b) Response and Restoration Activities.--The Secretary 
     shall enter into written agreements with any States in which 
     coral reefs are located regarding the manner in which 
     response and restoration activities will be conducted within 
     the affected State's waters. Nothing in this subsection shall 
     be construed to limit Federal response and restoration 
     activity authority before any such agreement is final.
       ``(c) Cooperative Enforcement Agreements.--All cooperative 
     enforcement agreements in place between the Secretary and 
     States affected by this title shall be updated to include 
     enforcement of this title where appropriate.''.

     SEC. 19. REGULATIONS.

       The Act (16 U.S.C. 6401 et seq.) is amended by inserting 
     after section 216, as added by section 18, the following:

     ``SEC. 217. REGULATIONS.

       ``The Secretary may issue such regulations as are necessary 
     and appropriate to carry out the purposes of this title. This 
     title and any regulations promulgated under this title shall 
     be applied in accordance with international law. No 
     restrictions shall apply to or be enforced against a person 
     who is not a citizen, national, or resident alien of the 
     United States (including foreign flag vessels) unless in 
     accordance with international law.''.

     SEC. 20. EFFECTIVENESS AND ASSESSMENT REPORT.

       Section 218 (formerly 16 U.S.C. 6407), as redesignated by 
     section 7 of this Act, is amended to read as follows:

     ``SEC. 218. EFFECTIVENESS AND ASSESSMENT REPORT.

       ``(a) Effectiveness Report.--Not later than March 1, 2010, 
     and every 3 years thereafter, the Secretary shall submit to 
     the Senate Committee on Commerce, Science, and Transportation 
     and the House of Representatives Committee on Natural 
     Resources a report describing all activities undertaken to 
     implement the strategy, including--
       ``(1) a description of the funds obligated by each 
     participating Federal agency to advance coral reef 
     conservation during each of the 3 fiscal years next preceding 
     the fiscal year in which the report is submitted;
       ``(2) a description of Federal interagency and cooperative 
     efforts with States and United States territories to prevent 
     or address overharvesting, coastal runoff, or other 
     anthropogenic impacts on coral reefs, including projects 
     undertaken with the Department of Interior, Department of 
     Agriculture, the Environmental Protection Agency, and the 
     United States Army Corps of Engineers;
       ``(3) a summary of the information contained in the vessel 
     grounding inventory established under section 210, including 
     additional authorization or funding, needed for response and 
     removal of such vessels; and
       ``(4) a description of Federal disaster response actions 
     taken pursuant to the National Response Plan to address 
     damage to coral reefs and coral reef ecosystems.
       ``(b) Assessment Report.--Not later than March 1, 2013, and 
     every 5 years thereafter, the Secretary will submit to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Natural Resources 
     an assessment of the conditions of U.S. coral reefs, 
     accomplishments under this Act, and the effectiveness of 
     management actions to address threats to coral reefs.''.

     SEC. 21. AUTHORIZATION OF APPROPRIATIONS.

       Section 219 (formerly 16 U.S.C. 6408), as redesignated by 
     section 7 of this Act, is amended--
       (1) by striking ``$16,000,000 for each of fiscal years 
     2001, 2002, 2003, and 2004,'' in subsection (a) and inserting 
     ``$34,000,000 for fiscal year 2012, $36,000,000 for fiscal 
     year 2013, $38,000,000 for fiscal year 2014, and $40,000,000 
     for each of fiscal years 2015 through 2016, of which no less 
     than 24 percent per year (for each of fiscal years 2012 
     through 2016) shall be used for the grant program under 
     section 204, no less than 6 percent shall be used for Fishery 
     Management Councils, and up to 10 percent per year shall be 
     used for the Fund established under section 205(a),'';
       (2) by striking ``$1,000,000'' in subsection (b) and 
     inserting ``$2,000,000'';
       (3) by striking subsection (c) and inserting the following:
       ``(c) Community-Based Planning Grants.--There are 
     authorized to be appropriated to the Secretary to carry out 
     section 210 $10,000,000 for fiscal years 2012 through 2016, 
     to remain available until expended.''; and
       (4) by striking subsection (d) and inserting the following:
       ``(d) International Coral Reef Conservation Program.--There 
     are authorized to be appropriated to the Secretary to carry 
     out section 209 $8,000,000 for each of fiscal years 2012 
     through 2016, to remain available until expended.''.

     SEC. 22. JUDICIAL REVIEW.

       The Act (16 U.S.C. 6401 et seq.) is amended by inserting 
     after section 219, as redesignated by section 7 of this Act, 
     the following:

     ``SEC. 220. JUDICIAL REVIEW.

       ``(a) In General.--Chapter 7 of title 5, United States 
     Code, is not applicable to any action taken by the Secretary 
     under this title, except that--
       ``(1) review of any final agency action of the Secretary 
     taken pursuant to sections 214(c)(1) and 214(c)(2) may be had 
     only by the filing of a complaint by an interested person in 
     the United States District Court for the appropriate 
     district; any such complaint must be filed within 30 days of 
     the date such final agency action is taken; and
       ``(2) review of any final agency action of the Secretary 
     taken pursuant to section 215 may be had by the filing of a 
     petition for review by an interested person in the Circuit 
     Court of Appeals of the United States for the federal 
     judicial district in which such person resides or transact 
     business which is directly affected by the action taken; such 
     petition shall be filed within 120 days from the date such 
     final agency action is taken.
       ``(b) No Review in Enforcement Proceedings.--Final agency 
     action with respect to which review could have been obtained 
     under subsection (a)(2) shall not be subject to judicial 
     review in any civil or criminal proceeding for enforcement.
       ``(c) Cost of Litigation.--In any judicial proceeding under 
     subsection (a), the court may award costs of litigation 
     (including reasonable attorney and expert witness fees) to 
     any prevailing party whenever it determines that such award 
     is appropriate.''.

     SEC. 23. DEFINITIONS.

       Section 221 (formerly 16 U.S.C. 6409), as redesignated by 
     section 7 of this Act, is amended to read as follows:

[[Page S160]]

     ``SEC. 221. DEFINITIONS.

       ``In this title:
       ``(1) Biodiversity.--The term `biodiversity' means the 
     variability among living organisms from all sources 
     including, inter alia, terrestrial, marine, and other aquatic 
     ecosystems and the ecological complexes of which they are 
     part, including diversity within species, between species, 
     and of ecosystems.
       ``(2) Bona fide research.--The term `bona fide research' 
     means scientific research on corals, the results of which are 
     likely--
       ``(A) to be eligible for publication in a referred 
     scientific journal;
       ``(B) to contribute to the basic knowledge of coral biology 
     or ecology; or
       ``(C) to identify, evaluate, or resolve conservation 
     problems.
       ``(3) Coral.--The term `coral' means species of the phylum 
     Cnidaria, including--
       ``(A) all species of the orders Antipatharia (black 
     corals), Scleractinia (stony corals), Gorgonacea (horny 
     corals), Stolonifera (organpipe corals and others), 
     Alcyonacea (soft corals), and Helioporacea (blue coral) of 
     the class Anthozoa; and
       ``(B) all species of the families Milleporidea (fire 
     corals) and Stylasteridae (stylasterid hydrocorals) of the 
     class Hydrozoa.
       ``(4) Coral reef.--The term `coral reef' means limestone 
     structures composed in whole or in part of living corals, as 
     described in paragraph (3), their skeletal remains, or both, 
     and including other corals, associated sessile invertebrates 
     and plants, and associated seagrasses.
       ``(5) Coral reef component.--The term `coral reef 
     component' means any part of a coral reef, including 
     individual living or dead corals, associated sessile 
     invertebrates and plants, and any adjacent or associated 
     seagrasses.
       ``(6) Coral reef ecosystem.--The term `coral reef 
     ecosystem' means the system of coral reefs and geographically 
     associated species, habitats, and environment, including any 
     adjacent or associated mangroves and seagrass habitats, and 
     the processes that control its dynamics.
       ``(7) Coral products.--The term `coral products' means any 
     living or dead specimens, parts, or derivatives, or any 
     product containing specimens, parts, or derivatives, of any 
     species referred to in paragraph (3).
       ``(8) Damages.--The term `damages' includes--
       ``(A) compensation for--
       ``(i) the cost of replacing, restoring, or acquiring the 
     equivalent of the coral reef, or component thereof; and
       ``(ii) the lost services of, or the value of the lost use 
     of, the coral reef or component thereof, or the cost of 
     activities to minimize or prevent threats of, equivalent 
     injury to, or destruction of coral reefs or components 
     thereof, pending restoration or replacement or the 
     acquisition of an equivalent coral reef or component thereof;
       ``(B) the reasonable cost of damage assessments under 
     section 213;
       ``(C) the reasonable costs incurred by the Secretary in 
     implementing section 208(d);
       ``(D) the reasonable cost of monitoring appropriate to the 
     injured, restored, or replaced resources;
       ``(E) the reasonable cost of curation, conservation and 
     loss of contextual information of any coral encrusted 
     archaeological, historical, and cultural resource;
       ``(F) the cost of legal actions under section 213, 
     undertaken by the United States, associated with the 
     destruction or loss of, or injury to, a coral reef or 
     component thereof, including the costs of attorney time and 
     expert witness fees; and
       ``(G) the indirect costs associated with the costs listed 
     in subparagraphs (A) through (F) of this paragraph.
       ``(9) Emergency actions.--The term `emergency actions' 
     means all necessary actions to prevent or minimize the 
     additional destruction or loss of, or injury to, coral reefs 
     or components thereof, or to minimize the risk of such 
     additional destruction, loss, or injury.
       ``(10) Exclusive economic zone.--The term `Exclusive 
     Economic Zone' means the waters of the Exclusive Economic 
     Zone of the United States under Presidential Proclamation 
     5030, dated March 10, 1983.
       ``(11) Person.--The term `person' means any individual, 
     private or public corporation, partnership, trust, 
     institution, association, or any other public or private 
     entity, whether foreign or domestic, private person or 
     entity, or any officer, employee, agent, Department, agency, 
     or instrumentality of the Federal Government, of any State or 
     local unit of government, or of any foreign government.
       ``(12) Response costs.--The term `response costs' means the 
     costs of actions taken or authorized by the Secretary to 
     minimize destruction or loss of, or injury to, a coral reef, 
     or component thereof, or to minimize the imminent risks of 
     such destruction, loss, or injury, including costs related to 
     seizure, forfeiture, storage, or disposal arising from 
     liability under section 213.
       ``(13) Secretary.--The term `Secretary' means--
       ``(A) for purposes of sections 201 through 211, sections 
     218 through 220 (except as otherwise provided in subparagraph 
     (B)), and the other paragraphs of this section, the Secretary 
     of Commerce, acting through the Administrator of the National 
     Oceanic and Atmospheric Administration; and
       ``(B) for purposes of sections 212 through 220--
       ``(i) the Secretary of the Interior for any coral reef or 
     component thereof located in (I) the National Wildlife Refuge 
     System, (II) the National Park System, and (III) the waters 
     surrounding Wake Island under the jurisdiction of the 
     Secretary of the Interior, as set forth in Executive Order 
     11048 (27 Fed. Reg. 8851 (September 4, 1962)); or
       ``(ii) the Secretary of Commerce for any coral reef or 
     component thereof located in any area not described in clause 
     (i).
       ``(14) Service.--The term `service' means functions, 
     ecological or otherwise, performed by a coral reef or 
     component thereof.
       ``(15) State.--The term `State' means any State of the 
     United States that contains a coral reef ecosystem within its 
     seaward boundaries, American Samoa, Guam, the Northern 
     Mariana Islands, Puerto Rico, and the Virgin Islands, and any 
     other territory or possession of the United States, or 
     separate sovereign in free association with the United 
     States, that contains a coral reef ecosystem within its 
     seaward boundaries.
       ``(16) Territorial sea.--The term `Territorial Sea' means 
     the waters of the Territorial Sea of the United States under 
     Presidential Proclamation 5928, dated December 27, 1988.''.
                                 ______
                                 
      By Mr. INOUYE (for himself, Mr. Reed, and Mr. Begich):
  S. 48. A bill to amend the Public Health Service Act to provide for 
the participation of pharmacists in National Health Services Corps 
programs, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. INOUYE. Mr. President, today I rise to recognize the need for 
inclusion of pharmacists in the National Health Services Corps, NHSC, 
student loan repayment program. It is imperative that our Nation focus 
its efforts on increased access to affordable, high quality healthcare 
for our Nation's underserved communities. Today's pharmacist graduates 
with a professional doctorate degree. My home State of Hawaii is home 
to our only school of pharmacy program located at the University of 
Hawaii at Hilo and this year will mark the school's very first 
graduating class. Pharmacists are vital to our intent of increasing 
access to patient-centered, team-based healthcare for all individuals. 
They collaborate with providers across the continuum of care to improve 
medication-use related outcomes, provides access to prevention and 
wellness screening that, among others, can reduce tobacco use and 
increase immunization rates all of which support provider effectiveness 
and organizational efficiencies. The integration of the pharmacist 
across the continuum of care helps increase access to primary and 
preventive care and allows for better management of chronic disease. 
Pharmacists support prescribers by focusing on the management of 
medications preventing adverse events that lead to avoidable emergency 
room visits and hospital admissions. This collaborative effort among 
healthcare providers helps improve clinical and economic outcomes and 
increases patient satisfaction with their care.
  The current approach of recruiting and retaining primary care 
practitioners may limit access to robust patient-centered, team-based 
care by patients in underserved communities. Today over 88 percent of 
pharmacy students borrow over $107,000 to help them pay for their 
education. The incorporation of comprehensive pharmacy services in 
these particular communities is a primary objective of the Health 
Resources and Services Administration patient-safety and clinical 
pharmacy services collaborative. Making pharmacists eligible to 
participate in NHSC loan repayment program will ensure that the 
reorganization of our healthcare system envisioned in legislation, 
federal action, and community-based models all benefit from patient-
centered, team-based models of care that integrate comprehensive 
pharmacy services.
  I urge you to consider the benefits of including pharmacists in the 
NHSC student loan repayment program.
  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. 48

       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 ``Pharmacist Student Loan 
     Repayment Eligibility Act of 2011''.

[[Page S161]]

     SEC. 2. NATIONAL HEALTH SERVICE CORPS; PARTICIPATION OF 
                   PHARMACISTS IN LOAN REPAYMENT PROGRAM.

       (a) National Health Service Corps.--Section 331(b) of the 
     Public Health Service Act (42 U.S.C. 254d(b)) is amended--
       (1) in paragraph (1), by striking ``nursing and other 
     schools of the health professions,'' and inserting ``nursing, 
     pharmacy, and other schools of the health professions,''; and
       (2) in paragraph (2), by striking ``and physician 
     assistants who have an interest and a commitment to providing 
     primary health care,'' and inserting ``physician assistants, 
     and pharmacists who have an interest and commitment to 
     providing primary health care,''.
       (b) National Health Service Corps Loan Repayment Program.--
     Section 338B of the Public Health Service Act (42 U.S.C. 
     254l-1) is amended--
       (1) in subsection (a)(1), by striking ``and physician 
     assistants'' and inserting ``physician assistants, and 
     pharmacists''; and
       (2) in subsection (b)(1)--
       (A) in subparagraph (A), by striking ``dentistry, or 
     another health profession,'' and inserting ``dentistry, 
     pharmacy, or another health profession,''; and
       (B) in subparagraph (C)(ii), by striking ``dentistry, or 
     other health profession'' and inserting ``dentistry, 
     pharmacy, or other health profession''.
       (c) Corps Personnel.--Section 333(e) of the Public Health 
     Service Act (42 U.S.C. 254f(e)) is amended by striking 
     ``dentistry, or any other health profession'' and inserting 
     ``dentistry, pharmacy, or any other health profession''.
                                 ______
                                 
      By Mr. KOHL (for himself, Mr. Vitter, Mr. Leahy, Mr. Hatch, Ms. 
        Klobuchar, Mr. Franken, and Mr. Tester):
  S. 49. A bill to amend the Federal antitrust laws to provide expanded 
coverage and to eliminate exemptions from such laws that are contrary 
to the public interest with respect to railroads; to the Committee on 
the Judiciary.
  Mr. KOHL. Mr. President, I rise today to introduce legislation 
essential to restoring competition to the nation's crucial freight 
railroad sector. Freight railroads are essential to shipping a myriad 
of vital goods, everything from coal used to generate electricity to 
grain used for basic foodstuffs. But for decades the freight railroads 
have been insulated from the normal rules of competition followed by 
almost all other parts of our economy by an outmoded and unwarranted 
antitrust exemption. So today I am introducing, along with my 
colleagues, the Railroad Antitrust Enforcement Act of 2011. This 
bipartisan legislation will eliminate the obsolete antitrust exemptions 
that protect freight railroads from competition. This legislation is 
identical to the legislation that was reported out of the Judiciary 
Committee in the last Congress by a unanimous 15-0 vote.
  Our legislation will eliminate unwarranted and outmoded antitrust 
exemptions that protect freight railroads from competition and result 
in higher prices to millions of consumers every day. Consolidation in 
the railroad industry in recent years has resulted in only four Class I 
railroads providing nearly 90 percent of the Nation's freight rail 
transportation, as measured by revenue. The harmful result of this 
industry concentration for railroad shippers is well documented. A 2006 
General Accounting Office Report found that shippers in many geographic 
areas ``may be paying excessive rates due to a lack of competition in 
these markets.'' These unjustified cost increases cause consumers to 
suffer higher electricity bills because a utility must pay for the high 
cost of transporting coal, result in higher prices for goods produced 
by manufacturers who rely on railroads to transport raw materials, and 
reduce earnings for American farmers who ship their products by rail 
and raise food prices paid by consumers.
  A recent staff report, issued September 15, 2010, of the Committee on 
Commerce, Science, and Transportation also makes clear how railroads 
have benefited from the unique combination of deregulation and large-
scale antitrust immunity, to the detriment of rail shippers and 
consumers. This Report--titled ``The Current State of the Class I 
Freight Rail Industry''--stated that ``[t]he four Class I railroads 
that today dominate the U.S. rail shipping market are achieving returns 
on revenue and operating ratios that rank them among the most 
profitable businesses in the U.S. economy.'' The four largest railroads 
nearly doubled their collective profit margins in the last decade to 13 
percent ranking the railroad industry the fifth most profitable 
industry as ranking by Fortune magazine.
  Increased concentration and lack of antitrust scrutiny have had clear 
price effects--according to the Commerce Committee Report, since 2004, 
``Class I railroads have been raising prices by an average of 5 percent 
a year above inflation.'' The recent Commerce Committee Report 
concluded that ``Class I freight railroads have regained the pricing 
power they lacked in the 1980s, and are now some of the most highly 
profitable businesses in the U.S. economy.'' Given the industry's 
concentration and pricing power, the case for full fledged application 
of the antitrust laws is plain.
  The ill-effects of railroad industry consolidation are exemplified in 
the case of ``captive shippers''--industries served by only one 
railroad. Over the past several years, these captive shippers have 
faced spiking rail rates. They are the victims of monopolistic 
practices and price gouging by the single railroad that serves them, 
price increases which they are forced to pass along into the price of 
their products, and ultimately, to consumers. And in many cases, the 
ordinary protections of antitrust law are unavailable to these captive 
shippers--instead, the railroads are protected by a series of outmoded 
exemptions from the normal rules of antitrust law to which all other 
industries must abide.
  These unwarranted antitrust exemptions have put the American consumer 
at risk, and in Wisconsin, victims of a lack of railroad competition 
abound. From Dairyland Power Cooperative in La Crosse to Wolf River 
Lumber in New London, companies in my state are feeling the crunch of 
years of railroad consolidation. To help offset a 93 percent increase 
in shipping rates in 2006, Dairyland Power Cooperative had to raise 
electricity rates by 20 percent. The reliability, efficiency, and 
affordability of freight rail have all declined, and Wisconsin 
consumers feel the pinch.
  And similar stories exist across the country. We held a hearing at 
the Antitrust Subcommittee in the 110th Congress which detailed 
numerous instances of anti-competitive conduct by the dominant freight 
railroads and at which railroad shippers testified as to the need to 
repeal the outmoded and unwarranted antitrust exemptions which left 
them without remedies. Dozens of organizations, unions and trade groups 
affected by monopolistic railroad conduct endorsed the Railroad 
Antitrust Enforcement Act in the last Congress. Supporters of the 
legislation include 20 state Attorneys General, the National 
Association of Regulatory Utility Commissioners, NARUC, the Consumers 
Federation of America, Consumers Union, the American Farm Bureau 
Federation, American Chemistry Council, the American Corn Growers 
Association, the American Forest and Paper Association, the American 
Public Power Association, and the American Bar Association Antitrust 
Section.
  The current antitrust exemptions protect a wide range of railroad 
industry conduct from scrutiny by governmental antitrust enforcers. 
Railroad mergers and acquisitions are exempt from antitrust law and are 
reviewed solely by the Surface Transportation Board. Railroads that 
engage in collective ratemaking are also exempt from antitrust law. 
Railroads subject to the regulation of the Surface Transportation Board 
are also exempt from private antitrust lawsuits seeking the termination 
of anti-competitive practices via injunctive relief. Our bill will 
eliminate these exemptions.
  No good reason exists for them. While railroad legislation in recent 
decades--including most notably the Staggers Rail Act of 1980--
deregulated much railroad rate setting from the oversight of the 
Surface Transportation Board, these obsolete antitrust exemptions 
remained in place, insulating a consolidating industry from obeying the 
rules of fair competition. And there is no reason to treat railroads 
any differently from dozens of other regulated industries in our 
economy that are fully subject to antitrust law--whether the 
telecommunications sector regulated by the FCC, or the aviation 
industry regulation by the Department of Transportation, just name just 
two examples.
  Our bill will bring railroad mergers and acquisitions under the 
purview of

[[Page S162]]

the Clayton Act, allowing the federal government, state attorneys 
general and private parties to file suit to enjoin anti-competitive 
mergers and acquisitions. It will restore the review of these mergers 
to the agencies where they belong--the Justice Department's Antitrust 
Division and the Federal Trade Commission. It will eliminate the 
exemption that prevents FTC's scrutiny of railroad common carriers. It 
will eliminate the antitrust exemption for railroad collective 
ratemaking. It will allow state attorneys general and other private 
parties to sue railroads for treble damages and injunctive relief for 
violations of the antitrust laws, including collusion that leads to 
excessive and unreasonable rates. This legislation will force railroads 
to play by the rules of free competition like all other businesses.
  Significantly, our bill will not affect in way the jurisdiction of 
the Surface Transportation Board to regulate freight railroads. It will 
in no way limit or alter the authority of the STB; the STB will 
continue to exercise full jurisdiction over the railroad industry.
  In sum, by clearing out this thicket of outmoded antitrust 
exemptions, railroads will be subject to the same laws as the rest of 
the economy. Government antitrust enforcers will finally have the tools 
to prevent anti-competitive transactions and practices by railroads. 
Likewise, private parties will be able to utilize the antitrust laws to 
deter anti-competitive conduct and to seek redress for their injuries.
  It is time to put an end to the abusive practices of the Nation's 
freight railroads. On the Antitrust Subcommittee, we have seen that in 
industry after industry, vigorous application of our Nation's antitrust 
laws is the best way to eliminate barriers to competition, to end 
monopolistic behavior, to keep prices low and quality of service high. 
The railroad industry is no different. All those who rely on railroads 
to ship their products--whether it is an electric utility for its coal, 
a farmer to ship grain, or a factory to acquire its raw materials or 
ship out its finished product--deserve the full application of the 
antitrust laws to end the anti-competitive abuses all too prevalent in 
this industry today. I urge my colleagues support the Railroad 
Antitrust Enforcement Act of 2011.
  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. 49

       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 ``Railroad Antitrust 
     Enforcement Act of 2011''.

     SEC. 2. INJUNCTIONS AGAINST RAILROAD COMMON CARRIERS.

       The proviso in section 16 of the Clayton Act (15 U.S.C. 26) 
     ending with ``Code.'' is amended to read as follows: 
     ``Provided, That nothing herein contained shall be construed 
     to entitle any person, firm, corporation, or association, 
     except the United States, to bring suit for injunctive relief 
     against any common carrier that is not a railroad subject to 
     the jurisdiction of the Surface Transportation Board under 
     subtitle IV of title 49, United States Code.''.

     SEC. 3. MERGERS AND ACQUISITIONS OF RAILROADS.

       The sixth undesignated paragraph of section 7 of the 
     Clayton Act (15 U.S.C. 18) is amended to read as follows:
       ``Nothing contained in this section shall apply to 
     transactions duly consummated pursuant to authority given by 
     the Secretary of Transportation, Federal Power Commission, 
     Surface Transportation Board (except for transactions 
     described in section 11321 of that title), the Securities and 
     Exchange Commission in the exercise of its jurisdiction under 
     section 10 (of the Public Utility Holding Company Act of 
     1935), the United States Maritime Commission, or the 
     Secretary of Agriculture under any statutory provision 
     vesting such power in the Commission, Board, or Secretary.''.

     SEC. 4. LIMITATION OF PRIMARY JURISDICTION.

       The Clayton Act is amended by adding at the end thereof the 
     following:
       ``Sec. 29.  In any civil action against a common carrier 
     railroad under section 4, 4C, 15, or 16 of this Act, the 
     district court shall not be required to defer to the primary 
     jurisdiction of the Surface Transportation Board.''.

     SEC. 5. FEDERAL TRADE COMMISSION ENFORCEMENT.

       (a) Clayton Act.--Section 11(a) of the Clayton Act (15 
     U.S.C. 21(a)) is amended by striking ``subject to 
     jurisdiction'' and all that follows through the first 
     semicolon and inserting ``subject to jurisdiction under 
     subtitle IV of title 49, United States Code (except for 
     agreements described in section 10706 of that title and 
     transactions described in section 11321 of that title);''.
       (b) FTC Act.--Section 5(a)(2) of the Federal Trade 
     Commission Act (15 U.S.C. 45(a)(2)) is amended by striking 
     ``common carriers subject'' and inserting ``common carriers, 
     except for railroads, subject''.

     SEC. 6. EXPANSION OF TREBLE DAMAGES TO RAIL COMMON CARRIERS.

       Section 4 of the Clayton Act (15 U.S.C. 15) is amended by--
       (1) redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) inserting after subsection (a) the following:
       ``(b) Subsection (a) shall apply to a common carrier by 
     railroad subject to the jurisdiction of the Surface 
     Transportation Board under subtitle IV of title 49, United 
     States Code, without regard to whether such railroads have 
     filed rates or whether a complaint challenging a rate has 
     been filed.''.

     SEC. 7. TERMINATION OF EXEMPTIONS IN TITLE 49.

       (a) In General.--Section 10706 of title 49, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(A), by striking ``, and the Sherman 
     Act (15 U.S.C. 1 et seq.),'' and all that follows through 
     ``or carrying out the agreement'' in the third sentence;
       (B) in paragraph (4)--
       (i) by striking the second sentence; and
       (ii) by striking ``However, the'' in the third sentence and 
     inserting ``The''; and
       (C) in paragraph (5)(A), by striking ``, and the antitrust 
     laws set forth in paragraph (2) of this subsection do not 
     apply to parties and other persons with respect to making or 
     carrying out the agreement''; and
       (2) by striking subsection (e) and inserting the following:
       ``(e) Application of Antitrust Laws.--
       ``(1) In general.--Nothing in this section exempts a 
     proposed agreement described in subsection (a) from the 
     application of the Sherman Act (15 U.S.C. 1 et seq.), the 
     Clayton Act (15 U.S.C. 12, 14 et seq.), the Federal Trade 
     Commission Act (15 U.S.C. 41 et seq.), section 73 or 74 of 
     the Wilson Tariff Act (15 U.S.C. 8 and 9), or the Act of June 
     19, 1936 (15 U.S.C. 13, 13a, 13b, 21a).
       ``(2) Antitrust analysis to consider impact.--In reviewing 
     any such proposed agreement for the purpose of any provision 
     of law described in paragraph (1), the Board shall take into 
     account, among any other considerations, the impact of the 
     proposed agreement on shippers, on consumers, and on affected 
     communities.''.
       (b) Combinations.--Section 11321 of title 49, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``The authority'' in the first sentence and 
     inserting ``Except as provided in sections 4 (15 U.S.C. 15), 
     4C (15 U.S.C. 15c), section 15 (15 U.S.C. 25), and section 16 
     (15 U.S.C. 26) of the Clayton Act (15 U.S.C. 21(a)), the 
     authority''; and
       (B) by striking ``is exempt from the antitrust laws and 
     from all other law,'' in the third sentence and inserting 
     ``is exempt from all other law (except the antitrust laws 
     referred to in subsection (c)),''; and
       (2) by adding at the end the following:
       ``(c) Application of Antitrust Laws.--
       ``(1) In general.--Nothing in this section exempts a 
     transaction described in subsection (a) from the application 
     of the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 
     U.S.C. 12, 14 et seq.), the Federal Trade Commission Act (15 
     U.S.C. 41 et seq.), section 73 or 74 of the Wilson Tariff Act 
     (15 U.S.C. 8-9), or the Act of June 19, 1936 (15 U.S.C. 13, 
     13a, 13b, 21a). The preceding sentence shall not apply to any 
     transaction relating to the pooling of railroad cars approved 
     by the Surface Transportation Board or its predecessor agency 
     pursuant to section 11322 of title 49, United States Code.
       ``(2) Antitrust analysis to consider impact.--In reviewing 
     any such transaction for the purpose of any provision of law 
     described in paragraph (1), the Board shall take into 
     account, among any other considerations, the impact of the 
     transaction on shippers and on affected communities.''.
       (c) Conforming Amendments.--
       (1) The heading for section 10706 of title 49, United 
     States Code, is amended to read as follows: ``Rate 
     agreements''.
       (2) The item relating to such section in the chapter 
     analysis at the beginning of chapter 107 of such title is 
     amended to read as follows:

``10706. Rate agreements.''.

     SEC. 8. EFFECTIVE DATE.

       (a) In General.--Subject to the provisions of subsection 
     (b), this Act shall take effect on the date of enactment of 
     this Act.
       (b) Conditions.--
       (1) Previous conduct.--A civil action under section 4, 15, 
     or 16 of the Clayton Act (15 U.S.C. 15, 25, 26) or complaint 
     under section 5 of the Federal Trade Commission Act (15 
     U.S.C. 45) may not be filed with respect to any conduct or 
     activity that occurred prior to the date of enactment of this 
     Act that was previously exempted from the antitrust laws as 
     defined in section 1 of the Clayton Act (15 U.S.C. 12) by 
     orders of the Interstate Commerce Commission or the Surface 
     Transportation Board issued pursuant to law.
       (2) Grace period.--A civil action or complaint described in 
     paragraph (1) may not be filed earlier than 180 days after 
     the date of enactment of this Act with respect to any 
     previously exempted conduct or activity or

[[Page S163]]

     previously exempted agreement that is continued subsequent to 
     the date of enactment of this Act.
                                 ______
                                 
      By Mr. INOUYE (for himself, Ms. Snowe, and Mr. Vitter):
  S. 50. A bill to strengthen Federal consumer product safety programs 
and activities with respect to commercially-marketed seafood by 
directing the Secretary of Commerce to coordinate with the Federal 
Trade Commission and other appropriate Federal agencies to strengthen 
and coordinate those programs and activities; to the Committee on 
Commerce, Science, and Transportation.
  Mr. INOUYE. I am pleased to introduce my Commercial Seafood Consumer 
Protection Act, Seafood Safety Act. The Seafood Safety Act will 
strengthen the partnership between the Secretary of Commerce, the 
Secretary of Health and Human Services, HHS, the Secretary of the 
Department of Homeland Security, DHS, the Federal Trade Commission, 
FTC, and other appropriate Federal agencies, to coordinate Federal 
activities for ensuring that commercially distributed seafood in the 
United States meets the food quality and safety requirements of Federal 
law. The bill provides for no new jurisdiction and does not alter any 
existing jurisdiction given to FDA or any other agency. The bill does 
not include any authorization of appropriations, but seeks only to 
strengthen existing partnerships and share information.
  The bill remains largely unchanged since I first introduced it in the 
110th Congress, but this version, like the one I introduced in the 
111th, incorporates the FTC as an additional partner since they have 
broad existing authority for consumer and interstate commerce fraud 
issues.
  Specifically, the bill requires the Secretaries of Commerce, HHS, 
DHS, and the FTC to enter into agreements as necessary to strengthen 
cooperation on seafood safety, seafood labeling, and seafood fraud. 
Those agreements must address seafood testing and inspection; data 
standardization for seafood names; data coordination for the 
exportation, transportation, sale, harvest, or trade of seafood; 
seafood labeling compliance assurance; and information-sharing for 
observed non-compliance. The bill also increases the number of 
laboratories certified to inspection standards of the FDA and allows 
the Secretary of Commerce to increase the number and capacity of NOAA 
laboratories responsible for seafood safety testing. It allows for an 
increase in the percentage of seafood import shipments tested and 
inspected to improve detection of violations. Finally, the bill allows 
the Secretary of HHS to refuse entry of seafood imports from countries 
with known violations, and also allows the Secretary to permit 
individual seafood shipments from recognized and properly certified 
exporters.
  For the safety of the American people, I remain committed to the 
Seafood Safety Act and look forward to continuing to work to ensure its 
passage.
  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. 50

       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 Seafood Consumer 
     Protection Act''.

     SEC. 2. COMMERCIALLY-MARKETED SEAFOOD CONSUMER PROTECTION 
                   SAFETY NET.

       (a) In General.--The Secretary of Commerce shall, in 
     coordination with the Federal Trade Commission and other 
     appropriate Federal agencies, and consistent with the 
     international obligations of the United States, strengthen 
     Federal consumer protection activities for ensuring that 
     commercially-distributed seafood in the United States meets 
     the food quality and safety requirements of applicable 
     Federal laws.
       (b) Interagency Agreements.--
       (1) In general.--Within 180 days after the date of 
     enactment of this Act, the Secretary and other appropriate 
     Federal agencies shall execute memoranda of understanding or 
     other agreements to strengthen interagency cooperation on 
     seafood safety, seafood labeling, and seafood fraud.
       (2) Scope of agreements.--The agreements shall include 
     provisions, as appropriate for each such agreement, for--
       (A) cooperative arrangements for examining and testing 
     seafood imports that leverage the resources, capabilities, 
     and authorities of each party to the agreement;
       (B) coordination of inspections of foreign facilities to 
     increase the percentage of imported seafood and seafood 
     facilities inspected;
       (C) standardizing data on seafood names, inspection 
     records, and laboratory testing to improve interagency 
     coordination;
       (D) coordination of the collection, storage, analysis, and 
     dissemination of all applicable information, intelligence, 
     and data related to the importation, exportation, 
     transportation, sale, harvest, processing, or trade of 
     seafood in order to detect and investigate violations under 
     applicable Federal laws, and to carry out the provisions of 
     this Act;
       (E) developing a process for expediting imports of seafood 
     into the United States from foreign countries and exporters 
     that consistently adhere to the highest standards for 
     ensuring seafood safety;
       (F) coordination to track shipments of seafood in the 
     distribution chain within the United States;
       (G) enhancing labeling requirements and methods of assuring 
     compliance with such requirements to clearly identity species 
     and prevent fraudulent practices;
       (H) a process by which officers and employees of the 
     National Oceanic and Atmospheric Administration may be 
     commissioned by the head of any other appropriate Federal 
     agency to conduct or participate in seafood examinations and 
     investigations under applicable Federal laws administered by 
     such other agency;
       (I) the sharing of information concerning observed non-
     compliance with United States seafood requirements 
     domestically and in foreign countries and new regulatory 
     decisions and policies that may affect regulatory outcomes;
       (J) conducting joint training on subjects that affect and 
     strengthen seafood inspection effectiveness by Federal 
     authorities;
       (K) sharing, to the maximum extent allowable by law, all 
     applicable information, intelligence, and data related to the 
     importation, exportation, transportation, sale, harvest, 
     processing, or trade of seafood in order to detect and 
     investigate violations under applicable Federal laws, or 
     otherwise to carry out the provisions of this Act; and
       (L) outreach to private testing laboratories, seafood 
     industries, and the public on Federal efforts to enhance 
     seafood safety and compliance with labeling requirements, 
     including education on Federal requirements for seafood 
     safety and labeling and information on how these entities can 
     work with appropriate Federal agencies to enhance and improve 
     seafood inspection and assist in detecting and preventing 
     seafood fraud and mislabeling.
       (3) Annual reports on implementation of agreements.--The 
     Secretary, the Chairman of the Federal Trade Commission, and 
     the heads of other appropriate Federal agencies that are 
     parties to agreements executed under paragraph (1) shall 
     submit, jointly or severally, an annual report to the 
     Congress concerning--
       (A) specific efforts taken pursuant to the agreements;
       (B) the budget and personnel necessary to strengthen 
     seafood safety and labeling and prevent seafood fraud; and
       (C) any additional authorities necessary to improve seafood 
     safety and labeling and prevent seafood fraud.
       (c) Marketing, Labeling, and Fraud Report.--Within 1 year 
     after the date of enactment of this Act, the Secretary and 
     the Chairman of the Federal Trade Commission shall submit a 
     joint report to the Congress on consumer protection and 
     enforcement efforts with respect to seafood marketing and 
     labeling in the United States. The report shall include--
       (1) findings with respect to the scope of seafood fraud and 
     deception in the United States market and its impact on 
     consumers;
       (2) information on how the National Oceanic and Atmospheric 
     Administration and the Federal Trade Commission can work 
     together more effectively to address fraud and unfair or 
     deceptive acts or practices with respect to seafood;
       (3) detailed information on the enforcement and consumer 
     outreach activities undertaken by the National Oceanic and 
     Atmospheric Administration and the Federal Trade Commission 
     during the preceding year pursuant to this Act; and
       (4) an examination of the scope of unfair or deceptive acts 
     or practices in the United States market with respect to 
     foods other than seafood and whether additional enforcement 
     authority or activity is warranted.
       (d) NOAA Seafood Inspection and Marking Coordination.--
       (1) Deceptive marketing and fraud.--The National Oceanic 
     and Atmospheric Administration shall report deceptive seafood 
     marketing and fraud to the Federal Trade Commission pursuant 
     to an agreement under subsection (b).
       (2) Application with existing agreements.--Nothing in this 
     Act shall be construed to impede, minimize, or otherwise 
     affect any agreement or agreements regarding cooperation and 
     information sharing in the inspection of fish and fishery 
     products and establishments between the Department of 
     Commerce and the Department of Health and Human Services in 
     effect on the date of enactment of this Act. Within 6 months 
     after the date of enactment of this Act, the Secretary of 
     Commerce and the Secretary of Health and Human Services shall 
     submit a joint report to the Congress on implementation of 
     any such agreement or agreements, including the extent to 
     which the Food and

[[Page S164]]

     Drug Administration has taken into consideration information 
     resulting from inspections conducted by the Department of 
     Commerce in making risk-based determinations such as the 
     establishment of inspection priorities for domestic and 
     foreign facilities and the examination and testing of 
     imported seafood.
       (3) Coordination with sea grant program.--The Administrator 
     of the National Oceanic and Atmospheric Administration shall 
     ensure that the NOAA Seafood Inspection Program is 
     coordinated with the Sea Grant Program to provide outreach to 
     States, consumers, and the seafood industry on seafood 
     testing, seafood labeling, and seafood substitution, and 
     strategies to combat mislabeling and fraud.

     SEC. 3. CERTIFIED LABORATORIES.

       Within 180 days after the date of enactment of this Act, 
     the Secretary, in consultation with the Secretary of Health 
     and Human Services, shall increase the number of laboratories 
     certified to the standards of the Food and Drug 
     Administration in the United States and in countries that 
     export seafood to the United States for the purpose of 
     analyzing seafood and ensuring that the laboratories, 
     including Federal, State, and private facilities, comply with 
     applicable Federal laws. Within 1 year after the date of 
     enactment of this Act, the Secretary of Commerce shall 
     publish in the Federal Register a list of certified 
     laboratories. The Secretary shall update and publish the list 
     no less frequently than annually.

     SEC. 4. NOAA LABORATORIES.

       In any fiscal year beginning after the date of enactment of 
     this Act, the Secretary may increase the number and capacity 
     of laboratories operated by the National Oceanic and 
     Atmospheric Administration involved in carrying out testing 
     and other activities under this Act to the extent that the 
     Secretary determines that increased laboratory capacity is 
     necessary to carry out the provisions of this Act and as 
     provided for in appropriations Acts.

     SEC. 5. CONTAMINATED SEAFOOD.

       (a) Refusal of Entry.--The Secretary of Health and Human 
     Services may issue an order refusing admission into the 
     United States of all imports of seafood or seafood products 
     originating from a country or exporter if the Secretary 
     determines that shipments of such seafood or seafood products 
     do not meet the requirements established under applicable 
     Federal law.
       (b) Increased Testing.--If the Secretary of Health and 
     Human Services determines that seafood imports originating 
     from a country may not meet the requirements of Federal law, 
     and determines that there is a lack of adequate certified 
     laboratories to provide for the entry of shipments pursuant 
     to section 3, then the Secretary may order an increase in the 
     percentage of shipments tested of seafood originating from 
     such country to improve detection of potential violations of 
     such requirements.
       (c) Allowance of Individual Shipments from Exporting 
     Country or Exporter.--Notwithstanding an order under 
     subsection (a) with respect to seafood originating from a 
     country or exporter, the Secretary may permit individual 
     shipments of seafood originating in that country or from that 
     exporter to be admitted into the United States if--
       (1) the exporter presents evidence from a laboratory 
     certified by the Secretary that a shipment of seafood meets 
     the requirements of applicable Federal laws; and
       (2) the Secretary, or other agent of a Federal agency 
     authorized to conduct inspections of seafood, has inspected 
     the shipment and has found that the shipment and the 
     conditions of manufacturing meet the requirements of 
     applicable Federal laws.
       (d) Cancellation of Order.--The Secretary may cancel an 
     order under subsection (a) with respect to seafood exported 
     from a country or exporter if all shipments into the United 
     States under subsection (c) of seafood originating in that 
     country or from that exporter more than 1 year after the date 
     on which the Secretary issued the order have been found, 
     under the procedures described in subsection (c), to meet the 
     requirements of Federal law. If the Secretary determines that 
     an exporter has failed to comply with the requirements of an 
     order under subsection (a), the 1-year period in the 
     preceding sentence shall run from the date of that 
     determination rather than the date on which the order was 
     issued.
       (e) Effect.--This section shall be in addition to, and 
     shall have no effect on, the authority of the Secretary of 
     Health and Human Services under the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 301 et seq.) with respect to seafood, 
     seafood products, or any other product.

     SEC. 6. INSPECTION TEAMS.

       (a) Inspection of Foreign Sites.--The Secretary, in 
     cooperation with the Secretary of Health and Human Services, 
     may send 1 or more inspectors to a country or exporter from 
     which seafood exported to the United States originates. The 
     inspection team shall assess practices and processes being 
     used in connection with the farming, cultivation, harvesting, 
     preparation for market, or transportation of such seafood and 
     may provide technical assistance related to the requirements 
     established under applicable Federal laws to address seafood 
     fraud and safety. The inspection team shall prepare a report 
     for the Secretary of Commerce with its findings. The 
     Secretary of Commerce shall make a copy of the report 
     available to the country or exporter that is the subject of 
     the report and provide a 30-day period during which the 
     country or exporter may provide a rebuttal or other comments 
     on the findings to the Secretary.
       (b) Distribution and Use of Report.--The Secretary shall 
     provide the report to the Secretary of Health and Human 
     Services as information for consideration in making risk-
     based determinations such as the establishment of inspection 
     priorities of domestic and foreign facilities and the 
     examination and testing of imported seafood. The Secretary 
     shall provide the report to the Executive Director of the 
     Federal Trade Commission for consideration in making 
     recommendations to the Chairman of the Federal Trade 
     Commission regarding consumer protection to prevent fraud, 
     deception, and unfair business practices in the marketplace.

     SEC. 7. SEAFOOD IDENTIFICATION.

       (a) Standarized List of Names for Seafood.--The Secretary 
     and the Secretary of Health and Human Services shall initial 
     a joint rulemaking proceeding to develop and make public a 
     list of standardized names for seafood identification 
     purposes at distribution, marketing, and consumer retail 
     stages. The list of standardized names shall take into 
     account taxonomy, current labeling regulations, international 
     law and custom, market value, and naming precedence for all 
     commercially-distributed seafood distributed in interstate 
     commerce in the United States and may not include names, 
     whether similar to existing or commonly used names for 
     species, that are likely to confuse or mislead consumers.
       (b) Publication of List.--The list of standardized names 
     shall be made available to the public on Department of Health 
     and Human Services and the Department of Commerce websites, 
     shall be open to public review and comment, and shall be 
     updated annually.

     SEC. 8. DEFINITIONS.

       In this Act:
       (1) Applicable federal laws.--The term ``applicable laws 
     and regulations'' means Federal statutes, regulations, and 
     international agreements pertaining to the importation, 
     exportation, transportation, sale, harvest, processing, or 
     trade of seafood, including the Magnuson-Stevens Fishery 
     Conservation and Management Act, section 801 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 381), section 203 of 
     the Food Allergen Labeling and Consumer Protection Act of 
     2004 (21 U.S.C. 374a), and the Seafood Hazard Analysis and 
     Critical Control Point regulations in part 123 of title 21, 
     Code of Federal Regulations.
       (2) Appropriate federal agencies.--The term ``appropriate 
     Federal agencies'' includes the Department of Health and 
     Human Services, the Federal Food and Drug Administration, the 
     Department of Homeland Security, and the Department of 
     Agriculture.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
                                 ______
                                 
      By Mr. INOUYE (for himself, Mr. Rockefeller, Mr. Kerry, Ms. 
        Snowe, and Ms. Cantwell):
  S. 52. A bill to establish uniform administrative and enforcement 
procedures and penalties for the enforcement of the High Seas Driftnet 
Fishing Moratorium Protection Act and similar statutes, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Mr. INOUYE. Mr. President, I am pleased to introduce the 
International Fisheries Stewardship and Enforcement Act, which I also 
introduced in the 111th. This bill would harmonize the enforcement 
provisions of the U.S. statutes for implementing international 
fisheries agreements to strengthen international fisheries enforcement.
  Specifically it would grant the National Oceanic and Atmospheric 
Administration, NOAA, and the U.S. Coast Guard authority to implement 
international fisheries laws, expand their authorities in carrying out 
investigations and enforcement activities, and establish interference 
with investigations as a prohibited act. It would also amend the 
enforcement provisions of statutes for implementing international 
fisheries agreements to conform to the Magnuson-Stevens Fishery 
Conservation and Management Act, while increasing both civil and 
criminal penalties for violating international fisheries laws.
  The bill also authorizes the Secretary of Commerce to maintain and 
make public a list of vessels engaged in illegal, unregulated, and 
unreported, IUU, fishing and authorize appropriate action against 
listed vessels, which will hopefully allow for strong strides in our 
fight against illegal activity.
  Finally, by creating an International Cooperation and Assistance 
Program that will provide assistance for international capacity 
building efforts, training, outreach, and education, it is my hope that 
we are able to more-successfully combat IUU fishing and promote 
international marine conservation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

[[Page S165]]

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

                                 S. 52

       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 
     ``International Fisheries Stewardship and Enforcement Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:
Sec. 1. Short title; table of contents.

Title I--Administration and Enforcement of certain fishery and related 
                               statutes.

Sec. 101. Authority of the Secretary to enforce statutes.
Sec. 102. Conforming, minor, and technical amendments.
Sec. 103. Illegal, unreported, or unregulated fishing.
Sec. 104. Liability.

         Title II--Law Enforcement and International Operations

Sec. 201. International fisheries enforcement program.
Sec. 202. International cooperation and assistance program.

                  Title III--Miscellaneous Amendments

Sec. 301. Atlantic Tunas Convention Act of 1975.
Sec. 302. Data Sharing.
Sec. 303. Permits under the High Seas Fishing Compliance Act of 1995.
Sec. 304. Committee on Scientific Cooperation for Pacific Salmon 
              Agreement.
Sec. 305. Reauthorizations.

             Title IV--Implementation of Antigua Convention

Sec. 401. Short title.
Sec. 402. Amendment of the Tuna Conventions Act of 1950.
Sec. 403. Definitions.
Sec. 404. Commissioners; number, appointment, and qualifications.
Sec. 405. General advisory committee and scientific advisory 
              subcommittee.
Sec. 406. Rulemaking.
Sec. 407. Prohibited acts.
Sec. 408. Enforcement.
Sec. 409. Reduction of bycatch.
Sec. 410. Repeal of Eastern Pacific Tuna Licensing Act of 1984.

TITLE I--ADMINISTRATION AND ENFORCEMENT OF CERTAIN FISHERY AND RELATED 
                               STATUTES.

     SEC. 101. AUTHORITY OF THE SECRETARY TO ENFORCE STATUTES.

       (a) In General.--
       (1) Enforcement of statutes.--The Secretary of Commerce and 
     the Secretary of the department in which the Coast Guard is 
     operating shall enforce the statutes to which this section 
     applies in accordance with the provisions of this section.
       (2) Utilization of nondepartmental resources.--The 
     Secretary may, by agreement, on a reimbursable basis or 
     otherwise, utilize the personnel services, equipment 
     (including aircraft and vessels), and facilities of any other 
     Federal agency, including all elements of the Department of 
     Defense, and of any State agency, in carrying out this 
     section.
       (3) Statutes to which applicable.--This section applies 
     to--
       (A) the High Seas Driftnet Fishing Moratorium Protection 
     Act (16 U.S.C. 1826d et seq.);
       (B) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 
     et seq.);
       (C) the Dolphin Protection Consumer Information Act (16 
     U.S.C. 1385);
       (D) the Tuna Conventions Act of 1950 (16 U.S.C. 951 et 
     seq.);
       (E) the North Pacific Anadromous Stocks Act of 1992 (16 
     U.S.C. 5001 et seq.);
       (F) the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et 
     seq.);
       (G) the Antarctic Marine Living Resources Convention Act of 
     1984 (16 U.S.C. 2431 et seq.);
       (H) the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
     971 et seq.);
       (I) the Northwest Atlantic Fisheries Convention Act of 1995 
     (16 U.S.C. 5601 et seq.);
       (J) the Western and Central Pacific Fisheries Convention 
     Implementation Act (16 U.S.C. 6901 et seq.);
       (K) the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773 
     et seq.);
       (L) any other Act in pari materia, so designated by the 
     Secretary after notice and an opportunity for a hearing; and
       (M) the Antigua Convention Implementing Act of 2011.
       (b) Administration and Enforcement.--The Secretary shall 
     prevent any person from violating any Act to which this 
     section applies in the same manner, by the same means, and 
     with the same jurisdiction, powers, and duties as though 
     sections 307 through 311 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1857 through 1861) 
     were incorporated into and made a part of each such Act. 
     Except as provided in subsection (c), any person that 
     violates any Act to which this section applies is subject to 
     the penalties, and entitled to the privileges and immunities, 
     provided in the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.) in the same manner 
     and by the same means as though sections 307 through 311 of 
     that Act were incorporated into and made a part of each such 
     Act.
       (c) Special Rules.--
       (1) In general.--Notwithstanding the incorporation by 
     reference of certain sections of the Magnuson-Stevens Fishery 
     Conservation and Management Act under subsection (b), if 
     there is a conflict between a provision of this subsection 
     and the corresponding provision of any section of the 
     Magnuson-Stevens Fishery Conservation and Management Act so 
     incorporated, the provision of this subsection shall apply.
       (2) Civil administrative enforcement.--The amount of the 
     civil penalty for a violation of any Act to which this 
     section applies shall not exceed $250,000 for each violation. 
     Each day of a continuing violation shall constitute a 
     separate violation.
       (3) Civil judicial enforcement.--The Attorney General, upon 
     the request of the Secretary, may commence a civil action in 
     an appropriate district court of the United States to enforce 
     this Act and any Act to which this section applies, and such 
     court shall have jurisdiction to award civil penalties or 
     such other relief as justice may require, including a 
     permanent or temporary injunction. The amount of the civil 
     penalty for a violation of any Act to which this section 
     applies shall not exceed $250,000 for each violation. Each 
     day of a continuing violation shall constitute a separate 
     violation. In determining the amount of a civil penalty, the 
     court shall take into account the nature, circumstances, 
     extent, and gravity of the prohibited acts committed and, 
     with respect to the violator, the degree of culpability, any 
     history of prior violations and such other matters as justice 
     may require. In imposing such penalty, the district court may 
     also consider information related to the ability of the 
     violator to pay.
       (4) Criminal fines and penalties.--
       (A) Individuals.--In the case of an individual, any offense 
     described in subsection (e)(2), (3), (4), (5), or (6) is 
     punishable by a fine of not more than $500,000, imprisonment 
     for not more than 5 years, or both. If, in the commission of 
     such offense, an individual uses a dangerous weapon, engages 
     in conduct that causes bodily injury to any officer 
     authorized to enforce the provisions of this Act, or places 
     any such officer in fear of imminent bodily injury the 
     maximum term of imprisonment is 10 years.
       (B) Other persons.--In the case of any other person, any 
     offense described in subsection (e)(2), (3), (4), (5), or (6) 
     is punishable by a fine of not more than $1,000,000.
       (5) Other criminal violations.--Any person (other than a 
     foreign government or any entity of such government) who 
     knowingly violates any provision of subsection (e) of this 
     section, or any provision of any regulation promulgated 
     pursuant to this Act, is guilty of a criminal offense 
     punishable--
       (A) in the case of an individual, by a fine of not more 
     than $500,000, imprisonment for not more than 5 years, or 
     both; and
       (B) in the case of any other person, by a fine of not more 
     than $1,000,000.
       (6) Criminal forfeitures.--
       (A) In general.--A person found guilty of an offense 
     described in subsection (e), or who is convicted of a 
     criminal violation of any Act to which this section applies, 
     shall forfeit to the United States--
       (i) any property, real or personal, constituting or 
     traceable to the gross proceeds obtained, or retained, as a 
     result of the offense including any marine species (or the 
     fair market value thereof) taken or retained in connection 
     with or as a result of the offense; and
       (ii) any property, real or personal, used or intended to be 
     used to commit or to facilitate the commission of the 
     offense, including any shoreside facility, including its 
     conveyances, structure, equipment, furniture, appurtenances, 
     stores, and cargo.
       (B) Procedure.--Pursuant to section 2461(c) of title 28, 
     United States Code, the provisions of section 413 of the 
     Controlled Substances Act (21 U.S.C. 853), other than 
     subsection (d) thereof, shall apply to criminal forfeitures 
     under this section.
       (7) Additional enforcement authority.--In addition to the 
     powers of officers authorized pursuant to subsection (b), any 
     officer who is authorized by the Secretary, or the head of 
     any Federal or State agency that has entered into an 
     agreement with the Secretary under subsection (a) to enforce 
     the provisions of any Act to which this section applies may, 
     with the same jurisdiction, powers, and duties as though 
     section 311 of the Magnuson-Stevens fishery Conservation and 
     Management Act (16 U.S.C. 1861) were incorporated into and 
     made a part of each such Act--
       (A) search or inspect any facility or conveyance used or 
     employed in, or which reasonably appears to be used or 
     employed in, the storage, processing, transport, or trade of 
     fish or fish products;
       (B) inspect records pertaining to the storage, processing, 
     transport, or trade of fish or fish products;
       (C) detain, for a period of up to 14 days, any shipment of 
     fish or fish product imported into, landed on, introduced 
     into, exported from, or transported within the jurisdiction 
     of the United States, or, if such fish or fish product is 
     deemed to be perishable, sell and retain the proceeds 
     therefrom for a period of up to 14 days; and
       (D) make an arrest, in accordance with any guidelines which 
     may be issued by the Attorney General, for any offense under 
     the laws of the United States committed in the person's 
     presence, or for the commission of any felony under the laws 
     of the United States, if the person has reasonable grounds to 
     believe that the person to be arrested has committed

[[Page S166]]

     or is committing a felony; may search and seize, in 
     accordance with any guidelines which may be issued by the 
     Attorney General and may execute and serve any subpoena, 
     arrest warrant, search warrant issued in accordance with rule 
     41 of the Federal Rules of Criminal Procedure, or other 
     warrant or civil or criminal process issued by any officer or 
     court of competent jurisdiction.
       (8) Subpoenas.--In addition to any subpoena authority 
     pursuant to subsection (b), the Secretary may, for the 
     purposes of conducting any investigation under this section, 
     or any other statute administered by the Secretary, issue 
     subpoenas for the production of relevant papers, photographs, 
     records, books, and documents in any form, including those in 
     electronic, electrical, or magnetic form.
       (d) District Court Jurisdiction.--The several district 
     courts of the United States shall have jurisdiction over any 
     actions arising under this section. For the purpose of this 
     section, American Samoa shall be included within the judicial 
     district of the District Court of the United States for the 
     District of Hawaii. Each violation shall be a separate 
     offense and the offense shall be deemed to have been 
     committed not only in the district where the violation first 
     occurred, but also in any other district as authorized by 
     law. Any offenses not committed in any district are subject 
     to the venue provisions of section 3238 of title 18, United 
     States Code.
       (e) Prohibited Acts.--It is unlawful for any person--
       (1) to violate any provision of this section or any Act to 
     which this section applies or any regulation promulgated 
     thereunder;
       (2) to refuse to permit any authorized enforcement officer 
     to board, search, or inspect a vessel, conveyance, or 
     shoreside facility that is subject to the person's control 
     for purposes of conducting any search, investigation, or 
     inspection in connection with the enforcement of this section 
     or any Act to which this section applies or any regulation 
     promulgated thereunder;
       (3) to forcibly assault, resist, oppose, impede, 
     intimidate, or interfere with any such authorized officer in 
     the conduct of any search, investigation, or inspection 
     described in paragraph (2);
       (4) to resist a lawful arrest for any act prohibited by 
     this section or any Act to which this section applies;
       (5) to interfere with, delay, or prevent, by any means, the 
     apprehension, arrest, or detection of another person, knowing 
     that such person has committed any act prohibited by this 
     section or any Act to which this section applies;
       (6) to forcibly assault, resist, oppose, impede, 
     intimidate, sexually harass, bribe, or interfere with any 
     observer on a vessel under this section or any Act to which 
     this section applies, or any data collector employed by or 
     under contract to the National Marine Fisheries Service to 
     carry out responsibilities under this section or any Act to 
     which this section applies;
       (7) to import, export, transport, sell, receive, acquire, 
     or purchase in interstate or foreign commerce any fish or 
     fish product taken, possessed, transported, or sold in 
     violation of any treaty or binding conservation measure 
     adopted pursuant to an international agreement or 
     organization to which the United States is a party; or
       (8) to make or submit any false record, account, or label 
     for, or any false identification of, any fish or fish product 
     (including false identification of the species, harvesting 
     vessel or nation, or the location where harvested) which has 
     been, or is intended to be imported, exported, transported, 
     sold, offered for sale, purchased, or received in interstate 
     or foreign commerce.
       (f) Regulations.--The Secretary may promulgate such 
     regulations, in accordance with section 553 of title 5, 
     United States Code, as may be necessary to carry out this 
     section or any Act to which this section applies.

     SEC. 102. CONFORMING, MINOR, AND TECHNICAL AMENDMENTS.

       (a) High Seas Driftnet Fishing Moratorium Protection Act.--
       (1) Section 606 of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826g) is amended--
       (A) by inserting ``(a) Detecting, Monitoring, and 
     Preventing Violations.--'' before ``The President''; and
       (B) by adding at the end thereof the following:
       ``(b) Enforcement.--This Act shall be enforced under 
     section 101 of the International Fisheries Stewardship and 
     Enforcement Act.''.
       (2) Section 607(2) of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826h(2)) is amended by 
     striking ``whose vessels'' and inserting ``that''.
       (3) Section 609(a) of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826j(a)) is amended to 
     read as follows:
       ``(a) Identification.--
       ``(1) In general.--The Secretary shall identify, and list 
     in the report under section 607, a nation if that nation is 
     engaged, or has been engaged at any time during the preceding 
     3 years, in illegal, unreported, or unregulated fishing and--
       ``(A) such fishing undermines the effectiveness of measures 
     required under the relevant international fishery management 
     organization;
       ``(B) the relevant international fishery management 
     organization has failed to implement effective measures to 
     end the illegal, unreported, or unregulated fishing activity 
     by vessels of that nation, or the nation is not a party to, 
     or does not maintain cooperating status with, such 
     organization; or
       ``(C) there is no international fishery management 
     organization with a mandate to regulate the fishing activity 
     in question.
       ``(2) Other identifying activities.--The Secretary shall 
     also identify, and list in the report under section 607, a 
     nation if--
       ``(A) it is violating, or has violated at any time during 
     the preceding 3 years, conservation and management measures 
     required under an international fishery management agreement 
     to which the United States is a party and the violations 
     undermine the effectiveness of such measures, taking into 
     account the factors described in paragraph (1); or
       ``(B) it is failing, or has failed at any time during the 
     preceding 3 years, to effectively address or regulate 
     illegal, unreported, or unregulated fishing in areas 
     described in paragraph (1)(C).
       ``(3) Treatment of certain entities as if they were 
     nations.--Where the provisions of this Act apply to the act, 
     or failure to act, of a nation, they shall also be 
     applicable, as appropriate, to any other entity that is 
     competent to enter into an international fishery management 
     agreement.''.
       (4) Section 609(d)(1) of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826j(d)(1)) is amended 
     by striking ``of its fishing vessels'' each place it appears.
       (5) Section 609(d)(2) of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826j(d)(2)) is 
     amended--
       (A) by striking ``procedure for certification,'' and 
     inserting ``procedure,'';
       (B) by striking ``basis of fish'' and inserting ``basis, 
     for allowing importation of fish''; and
       (C) by striking ``harvesting nation not certified under 
     paragraph (1)'' and inserting ``nation issued a negative 
     certification under paragraph (1)''.
       (6) Section 610(a)(1) of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826k(a)(1)) is 
     amended--
       (A) by striking ``calendar year'' and inserting ``3 
     years''; and
       (B) by striking ``practices;'' and inserting ``practices--
     ''.
       (b) Dolphin Protection Consumer Information Act.--Section 
     901 of the Dolphin Protection Consumer Information Act (16 
     U.S.C. 1385) is amended--
       (1) by adding at the end of subsection (d) the following:
       ``(4) It is a violation of section 101 of the International 
     Fisheries Stewardship and Enforcement Act for any person to 
     assault, resist, oppose, impede, intimidate, or interfere 
     with and authorized officer in the conduct of any search, 
     investigation or inspection under this Act.''; and
       (2) by striking subsection (e) and inserting the following:
       ``(e) Enforcement.--This Act shall be enforced under 
     section 101 of the International Fisheries Stewardship and 
     Enforcement Act.''.
       (c) Tuna Conventions Act of 1950.--Section 8 of the Tuna 
     Conventions Act of 1950 (16 U.S.C. 957) is amended--
       (1) by striking ``regulations.'' in subsection (a) and 
     inserting ``regulation or for any person to make or submit 
     any false record, account, or label for, or any false 
     identification of, any fish or fish product (including the 
     false identification of species, harvesting vessel or nation 
     or the location where harvested) which has been, or is 
     intended to be imported, exported, transported, sold, offered 
     for sale, purchased, or received in interstate or foreign 
     commerce.'';
       (2) by striking subsection (d) and inserting the following:
       ``(d) It shall be unlawful for any person--
       ``(1) to refuse to permit any officer authorized to enforce 
     the provisions of this Act to board a fishing vessel subject 
     to such person's control for purposes of conducting any 
     search, investigation, or inspection in connection with the 
     enforcement of this Act or any regulation promulgation or 
     permit issued under this Act;
       ``(2) to forcibly assault, resist, oppose, impede, 
     intimidate, or interfere with any such authorized officer in 
     the conduct of any search, investigation or inspection 
     described in paragraph (1);
       ``(3) to resist a lawful arrest for any act prohibited by 
     this section; or
       ``(4) to interfere with, delay, or prevent, by any means, 
     the apprehension or arrest of another person, knowing that 
     such other person has committed any act prohibited by this 
     section.'';
       (3) by striking subsections (e) through (g) and 
     redesignating subsection (h) as subsection (f); and
       (4) by inserting after subsection (d) the following:
       ``(e) Enforcement.--This section shall be enforced under 
     section 101 of the International Fisheries Stewardship and 
     Enforcement Act.''.
       (d) Northern Pacific Anadromous Stocks Act of 1992.--
       (1) Unlawful activities.--Section 810 of the Northern 
     Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5009) is 
     amended--
       (A) by striking ``purchases'' in paragraph (5) and 
     inserting ``purposes'';
       (B) by striking ``search or inspection'' in paragraph (5) 
     and inserting ``search, investigation, or inspection'';
       (C) by striking ``search or inspection'' in paragraph (6) 
     and inserting ``search, investigation, or inspection'';

[[Page S167]]

       (D) by striking ``or'' after the semicolon in paragraph 
     (8);
       (E) by striking ``title.'' in paragraph (9) and inserting 
     ``title; or''; and
       (F) by adding at the end thereof the following:
       ``(10) for any person to make or submit any false record, 
     account, or label for, or any false identification of, any 
     fish or fish product (including false identification of the 
     species, harvesting vessel or nation, or the location where 
     harvested) which has been, or is intended to be imported, 
     exported, transported, sold, offered for sale, purchased, or 
     received in interstate or foreign commerce.''.
       (2) Administration and Enforcement.--Section 811 of the 
     Northern Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 
     5010) is amended to read as follows:

     ``SEC. 811. ADMINISTRATION AND ENFORCEMENT.

       ``This Act shall be enforced under section 101 of the 
     International Fisheries Stewardship and Enforcement Act.''.
       (e) Pacific Salmon Treaty Act of 1985.--Section 8 of the 
     Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3637) is 
     amended--
       (1) by striking ``search or inspection'' in subsection 
     (a)(2) and inserting ``search, investigation, or 
     inspection'';
       (2) by striking ``search or inspection'' in subsection 
     (a)(3) and inserting ``search, investigation, or 
     inspection'';
       (3) by striking ``or'' after the semicolon in subsection 
     (a)(5);
       (4) by striking ``section.'' in subsection (a)(6) and 
     inserting ``section; or'';
       (5) by adding at the end of subsection (a) the following:
       ``(7) for any person to make or submit any false record, 
     account, or label for, or any false identification of, any 
     fish or fish product (including false identification of the 
     species, harvesting vessel or nation, or the location where 
     harvested) which has been, or is intended to be imported, 
     exported, transported, sold, offered for sale, purchased, or 
     received in interstate or foreign commerce.''; and
       (6) by striking subsections (b) through (f) and inserting 
     the following:
       ``(b) Administration and Enforcement.--This Act shall be 
     enforced under section 101 of the International Fisheries 
     Stewardship and Enforcement Act.''.
       (f) South Pacific Tuna Act of 1988.--
       (1) Prohibited acts.--Section 5(a) of the South Pacific 
     Tuna Act of 1988 (16 U.S.C. 973c(a)) is amended--
       (A) by striking ``search or inspection'' in paragraph (8) 
     and inserting ``search, investigation, or inspection'';
       (B) by striking ``search or inspection'' in paragraph 
     (10)(A) and inserting ``search, investigation, or 
     inspection'';
       (C) by striking ``or'' after the semicolon in paragraph 
     (12);
       (D) by striking `` retained.'' in paragraph (13) and 
     inserting ``retained; or''; and
       (E) by adding at the end thereof the following:
       ``(14) for any person to make or submit any false record, 
     account, or label for, or any false identification of, any 
     fish or fish product (including false identification of the 
     species, harvesting vessel or nation, or the location where 
     harvested) which has been, or is intended to be imported, 
     exported, transported, sold, offered for sale, purchased, or 
     received in interstate or foreign commerce.''.
       (2) Administration and enforcement.--The South Pacific Tuna 
     Act of 1988 (16 U.S.C. 973 et seq.) is amended by striking 
     sections 7 and 8 (16 U.S.C. 973e and 973f) and inserting the 
     following:

     ``SEC. 7. ADMINISTRATION AND ENFORCEMENT.

       ``This Act shall be enforced under section 101 of the 
     International Fisheries Stewardship and Enforcement Act.''.
       (g) Antarctic Marine Living Resources Convention Act of 
     1984.--
       (1) Unlawful activities.--Section 306 of the Antarctic 
     Marine Living Resources Convention Act (16 U.S.C. 2435) is 
     amended--
       (A) by striking ``which he knows, or reasonably should have 
     known, was'' in paragraph (3);
       (B) by striking ``search or inspection'' in paragraph (4) 
     and inserting ``search, investigation, or inspection'';
       (C) by striking ``search or inspection'' in paragraph (5) 
     and inserting ``search, investigation, or inspection'';
       (D) by striking ``or'' after the semicolon in paragraph 
     (6);
       (E) by striking ``section.'' in paragraph (7) and inserting 
     ``section; or''; and
       (F) by adding at the end thereof the following:
       ``(8) to make or submit any false record, account, or label 
     for, or any false identification of, any fish or fish product 
     (including false identification of the species, harvesting 
     vessel or nation, or the location where harvested) which has 
     been, or is intended to be imported, exported, transported, 
     sold, offered for sale, purchased, or received in interstate 
     or foreign commerce.''.
       (2) Regulations.--Section 307 of the Antarctic Marine 
     Living Resources Convention Act (16 U.S.C. 2436) is amended 
     by inserting after ``title.'' the following: 
     ``Notwithstanding the provisions of subsections (b), (c), and 
     (d) of section 553 of title 5, United States Code, the 
     Secretary of Commerce may publish in the Federal Register a 
     final rule to implement conservation measures, described in 
     section 305(a) of this Act, that are in effect for 12 months 
     or less, adopted by the Commission, and not objected to by 
     the United States within the time period allotted under 
     Article IX of the Convention. Upon publication in the Federal 
     Register, such conservation measures shall be in force with 
     respect to the United States.''.
       (3) Penalties and Enforcement.--The Antarctic Marine Living 
     Resources Convention Act (16 U.S.C. 2431 et seq.) is 
     amended--
       (A) by striking sections 308 and 309 (16 U.S.C. 2437 and 
     2438);
       (B) by striking subsection (b), (c), and (d) of section 310 
     (16 U.S.C. 2439) and redesignating subsection (e) as 
     subsection (c); and
       (C) by inserting after subsection (a) the following:
       ``(b) Administration and Enforcement.--This title shall be 
     enforced under section 101 of the International Fisheries 
     Stewardship and Enforcement Act.''.
       (h) Atlantic Tunas Convention Act of 1975.--
       (1) Violations.--Section 7 of the Atlantic Tunas Convention 
     Act of 1975 (16 U.S.C. 971e) is amended--
       (A) by striking subsections (e) and (f) and redesignating 
     subsection (g) as subsection (f); and
       (B) by inserting after subsection (d) the following:
       ``(e) Mislabeling.--It shall be unlawful for any person to 
     make or submit any false record, account, or label for, or 
     any false identification of, any fish or fish product 
     (including the false identification of the species, 
     harvesting vessel or nation, or the location where harvested) 
     which has been, or is intended to be, imported, exported, 
     transported, sold, offered for sale, purchased or received in 
     interstate or foreign commerce.''.
       (2) Enforcement.--Section 8 of the Atlantic Tunas 
     Convention Act of 1975 (16 U.S.C. 971f) is amended--
       (A) by striking subsections (a) and (c);
       (B) by striking ``(b) International Enforcement.--'' in 
     subsection (b) and inserting ``This Act shall be enforced 
     under section 101 of the International Fisheries Stewardship 
     and Enforcement Act.''; and
       (C) by striking ``shall have the authority to carry out the 
     enforcement activities specified in section 8(a) of this 
     Act'' each place it appears and inserting ``shall enforce 
     this Act''.
       (i) Northwest Atlantic Fisheries Convention Act of 1995.--
     Section 207 of the Northwest Atlantic Fisheries Convention 
     Act of 1995 (16 U.S.C. 5606) is amended--
       (1) by striking ``AND PENALTIES.'' in the section caption 
     and inserting ``AND ENFORCEMENT.'';
       (2) by striking ``search or inspection'' in subsection 
     (a)(2) and inserting ``search, investigation, or 
     inspection'';
       (3) by striking ``search or inspection'' in subsection 
     (a)(3) and inserting ``search, investigation, or 
     inspection'';
       (4) by striking ``or'' after the semicolon in subsection 
     (a)(5);
       (5) by striking ``section.'' in subsection (a)(6) and 
     inserting ``section ; or'';
       (6) by adding at the end of subsection (a) the following:
       ``(7) to make or submit any false record, account, or label 
     for, or any false identification of, any fish or fish product 
     (including false identification of the species, harvesting 
     vessel or nation, or the location where harvested) which has 
     been, or is intended to be imported, exported, transported, 
     sold, offered for sale, purchased, or received in interstate 
     or foreign commerce.''; and
       (7) by striking subsection (b) through (f) and inserting 
     the following:
       ``(b) Administration and Enforcement.--This title shall be 
     enforced under section 101 of the International Fisheries 
     Stewardship and Enforcement Act.''.
       (j) Western and Central Pacific Fisheries Convention 
     Implementation Act.--
       (1) Adminstration and enforcement.--Section 506(c) of the 
     Western and Central Pacific Fisheries Convention 
     Implementation Act (16 U.S.C. 6905(c)) is amended to read as 
     follows:
       ``(c) Administration and Enforcement.--This title shall be 
     enforced under section 101 of the International Fisheries 
     Stewardship and Enforcement Act.''.
       (2) Prohibited acts.--Section 507(a) of the Western and 
     Central Pacific Fisheries Convention Implementation Act (16 
     U.S.C. 6906(a)) is amended--
       (A) by striking ``suspension, on'' in paragraph (2) and 
     inserting ``suspension of'';
       (B) by striking ``title.'' in paragraph (14) and inserting 
     ``title; or''; and
       (C) by adding at the end thereof the following:
       ``(15) to make or submit any false record, account, or 
     label for, or any false identification of, any fish or fish 
     product (including false identification of the species, 
     harvesting vessel or nation, or the location where harvested) 
     which has been, or is intended to be imported, exported, 
     transported, sold, offered for sale, purchased, or received 
     in interstate or foreign commerce.''.
       (k) Northern Pacific Halibut Act of 1982.--
       (1) Prohibited acts.--Section 7 of the Northern Pacific 
     Halibut Act of 1982 (16 U.S.C. 773e) is amended--
       (A) by redesignating subdivisions (a) and (b) as paragraphs 
     (1) and (2), respectively, and subdivisions (1) through (6) 
     of paragraph (1), as redesignated, as subparagraphs (A) 
     through (F);
       (B) by striking ``search or inspection'' in paragraph 
     (1)(B), as redesignated, and inserting ``search, 
     investigation, or inspection'';
       (C) by striking ``search or inspection'' in paragraph 
     (1)(C), as redesignated, and inserting ``search, 
     investigation, or inspection'';

[[Page S168]]

       (D) by striking ``or'' after the semicolon in paragraph 
     (1)(E), as redesignated;
       (E) by striking ``section.'' in paragraph (1)(F), as 
     redesignated, and inserting ``section;''; and
       (F) by adding at the end of paragraph (1), as redesignated, 
     the following:
       ``(G) to make or submit any false record, account, or label 
     for, or any false identification of, any fish or fish product 
     (including false identification of the species, harvesting 
     vessel or nation, or the location where harvested) which has 
     been, or is intended to be imported, exported, transported, 
     sold, offered for sale, purchased, or received in interstate 
     or foreign commerce.''.
       (2) Administration and enforcement.--The Northern Pacific 
     Halibut Act of 1982 (16 U.S.C. 773 et seq.) is amended--
       (A) by striking sections 3, 9, and 10 (16 U.S.C. 773f, 
     773g, and 773h); and
       (B) by striking subsections (b) through (f) of section 11 
     (16 U.S.C. 773i) and inserting the following:
       ``(b) Administration and Enforcement.--This Act shall be 
     enforced under section 101 of the International Fisheries 
     Stewardship and Enforcement Act.''.

     SEC. 103. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.

       (a) In General.--Section 608 of the High Seas Driftnet 
     Fishing Moratorium Protection Act (16 U.S.C. 1826i), as 
     amended by section 302(a) of this Act, is further amended by 
     adding at the end thereof the following:
       ``(c) Vessels and Vessel Owners Engaged in Illegal, 
     Unreported, or Unregulated Fishing.--The Secretary may--
       ``(1) develop, maintain, and make public a list of vessels 
     and vessel owners engaged in illegal, unreported, or 
     unregulated fishing, including vessels or vessel owners 
     identified by an international fishery management 
     organization or arrangement made pursuant to an international 
     fishery agreement, whether or not the United States is a 
     party to such organization or arrangement;
       ``(2) take appropriate action against listed vessels and 
     vessel owners, including action against fish, fish parts, or 
     fish products from such vessels, in accordance with 
     applicable United States law and consistent with applicable 
     international law, including principles, rights, and 
     obligations established in applicable international fishery 
     management and trade agreements; and
       ``(3) provide notification to the public of vessels and 
     vessel owners identified by international fishery management 
     organizations or arrangements made pursuant to an 
     international fishery agreement as having been engaged in 
     illegal, unreported, or unregulated fishing, as well as any 
     measures adopted by such organizations or arrangements to 
     address illegal, unreported, or unregulated fishing.
       ``(d) Restrictions on Port Access or Use.--Action taken by 
     the Secretary under subsection (c)(2) that includes measures 
     to restrict use of or access to ports or port services shall 
     apply to all ports of the United States and its territories.
       ``(e) Regulations.--The Secretary may promulgate 
     regulations to implement subsections (c) and (d).''.
       (b) Additional Measures.--
       (1) Amendment of the high seas driftnet fishing moratorium 
     protection act.--
       (A) Section 609(d)(3) of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826j(d)(3)) is amended 
     by striking ``that has not been certified by the Secretary 
     under this subsection, or'' in subparagraph (A)(i).
       (B) Section 610(c)(5) of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826k(c)(5)) is amended 
     by striking ``that has not been certified by the Secretary 
     under this subsection, or''.
       (2) Amendment of the high seas driftnet fisheries 
     enforcement act.--
       (A) Section 101 of the High Seas Driftnet Fisheries 
     Enforcement Act (16 U.S.C. 1826a) is amended--
       (i) by striking subsection (a)(2) and inserting the 
     following:
       ``(2) Denial of port privileges.--The Secretary of the 
     Treasury shall, in accordance with recognized principles of 
     international law--
       ``(A) withhold or revoke the clearance required by section 
     60105 of title 46, United States Code, for--
       ``(i) any large-scale driftnet fishing vessel that is 
     documented under the law of the United States or of a nation 
     included on a list published under paragraph (1); or
       ``(ii) any fishing vessel of a nation that receives a 
     negative certification under section 609(d) or 610(c) of the 
     High Seas Driftnet Fishing Moratorium Protection Act (16 
     U.S.C. 1826j(d) or 1826k(c)); and
       ``(B) deny entry of that vessel to any place in the United 
     States and to the navigable waters of the United States, 
     except for the purpose of inspecting the vessel, conducting 
     an investigation, or taking other appropriate enforcement 
     action.'';
       (ii) by striking ``or illegal, unreported, or unregulated 
     fishing'' each place it appears in subsection (b)(1) and (2);
       (iii) by striking ``or'' after the semicolon in subsection 
     (b)(3)(A)(i);
       (iv) by striking ``nation.'' in subsection (b)(3)(A)(ii) 
     and inserting ``nation; or'';
       (v) by adding at the end of subsection (b)(3)(A) the 
     following:
       ``(iii) upon receipt of notification of a negative 
     certification under section 609(d)(1) or 610(c)(1) of the 
     High Seas Driftnet Fishing Moratorium Protection Act (16 
     U.S.C. 1826j(d)(1) or 1826k(c)(1)).'';
       (vi) by inserting ``or after issuing a negative 
     certification under section 609(d)(1) or 610(c)(1) of the 
     High Seas Driftnet Fishing Moratorium Protection Act (16 
     U.S.C. 1826j(d)(1) or 1826k(c)(1),'' after ``paragraph (1),'' 
     in subsection (b)(4)(A); and
       (vii) by striking subsection (b)(4)(A)(i) and inserting the 
     following:
       ``(i) any prohibition established under paragraph (3) is 
     insufficient to cause that nation--
       ``(I) to terminate large-scale driftnet fishing conducted 
     by its nationals and vessels beyond the exclusive economic 
     zone of any nation;
       ``(II) to address illegal, unreported, or unregulated 
     fishing activities for which a nation has been identified 
     under section 609 of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826j); or
       ``(III) to address bycatch of a protected living marine 
     resource for which a nation has been identified under section 
     610 of such Act (16 U.S.C. 1826k); or''.
       (B) Section 102 of the High Seas Driftnet Fisheries 
     Enforcement Act (16 U.S.C. 1826b) is amended by striking 
     ``such nation has terminated large-scale driftnet fishing or 
     illegal, unreported, or unregulated fishing by its nationals 
     and vessels beyond the exclusive economic zone of any 
     nation.'' and inserting ``such nation has--
       ``(1) terminated large-scale driftnet fishing by its 
     nationals and vessels beyond the exclusive economic zone of 
     any nation;
       ``(2) addressed illegal, unreported, or unregulated fishing 
     activities for which a nation has been identified under 
     section 609 of the High Seas Driftnet Fishing Moratorium 
     Protection Act (16 U.S.C. 1826j); or
       ``(3) addressed bycatch of a protected living marine 
     resource for which a nation has been identified under section 
     610 of that Act (16 U.S.C. 1826k).''.

     SEC. 104. LIABILITY.

       Any claims arising from the actions of any officer, 
     authorized by the Secretary to enforce the provisions of this 
     Act or any Act to which this Act applies, taken pursuant to 
     any scheme for at-sea boarding and inspection authorized 
     under any international agreement to which the United States 
     is a party may be pursued under chapter 171 of title 28, 
     United States Code, or such other legal authority as may be 
     pertinent.

        TITLE II--LAW ENFORCEMENT AND INTERNATIONAL OPERATIONS.

     SEC. 201. INTERNATIONAL FISHERIES ENFORCEMENT PROGRAM.

       (a) Establishment.--
       (1) In general.--Within 12 months after the date of the 
     enactment of this Act, the Secretary shall, subject to the 
     availability of appropriations, establish an International 
     Fisheries Enforcement Program within the Office of Law 
     Enforcement of the National Marine Fisheries Service.
       (2) Purpose.--The Program shall be an interagency program 
     established and administered by the Secretary in coordination 
     with the heads of other departments and agencies for the 
     purpose of detecting and investigating illegal, unreported, 
     or unregulated fishing activity and enforcing the provisions 
     of this Act.
       (3) Staff.--The Program shall be staffed with 
     representation from the Coast Guard, Customs and Border 
     Protection, the Food and Drug Administration, and any other 
     department or agency determined by the Secretary to be 
     appropriate and necessary to detect and investigate illegal, 
     unreported, or unregulated fishing activity and enforce the 
     provisions of this Act.
       (b) Program Actions.--
       (1) Staffing and other resources.--At the request of the 
     Secretary, the heads of other departments and agencies 
     providing staff for the Program shall--
       (A) by agreement, on a reimbursable basis or otherwise, 
     participate in staffing the Program;
       (B) by agreement, on a reimbursable basis or otherwise, 
     share personnel, services, equipment (including aircraft and 
     vessels), and facilities with the Program; and
       (C) to the extent possible, and consistent with other 
     applicable law, extend the enforcement authorities provided 
     by their enabling legislation to the other departments and 
     agencies participating in the Program for the purposes of 
     conducting joint operations to detect and investigate 
     illegal, unreported or unregulated fishing activity and 
     enforcing the provisions of this Act.
       (2) Budget.--The Secretary and the heads of other 
     departments and agencies providing staff for the Program, 
     may, at their discretion, develop interagency plans and 
     budgets and engage in interagency financing for such 
     purposes.
       (3) 5-year plan.--Within 180 days after the date on which 
     the Program is established under subsection (a), the 
     Secretary shall develop a 5-year strategic plan for guiding 
     interagency and intergovernmental international fisheries 
     enforcement efforts to carry out the provisions of this Act. 
     The Secretary shall update the plan periodically as 
     necessary, but at least once every 5 years.
       (4) Cooperative activities.--The Secretary, in coordination 
     with the heads of other departments and agencies providing 
     staff for the Program, may--
       (A) create and participate in task forces, committees, or 
     other working groups with other Federal, State or local 
     governments as well as with the governments of other nations 
     for the purposes of detecting and investigating illegal, 
     unreported, or unregulated fishing activity and carrying out 
     the provisions of this Act; and

[[Page S169]]

       (B) enter into agreements with other Federal, State, or 
     local governments as well as with the governments of other 
     nations, on a reimbursable basis or otherwise, for such 
     purposes.
       (c) Powers of Authorized Officers.--Notwithstanding any 
     other provision of law, while operating under an agreement 
     with the Secretary entered into under section 101 of this 
     Act, and conducting joint operations as part of the Program 
     for the purposes of detecting and investigating illegal, 
     unreported or unregulated fishing activity and enforcing the 
     provisions of this Act, authorized officers shall have the 
     powers and authority provided in that section.
       (d) Information collection, maintenance and use.--
       (1) In general.--The Secretary and the heads of other 
     departments and agencies providing staff for the Program 
     shall, to the maximum extent allowable by law, share all 
     applicable information, intelligence and data, related to the 
     harvest, transportation or trade of fish and fish product in 
     order to detect and investigate illegal, unreported, or 
     unregulated fishing activity and to carry out the provisions 
     of this Act.
       (2) Coordination of data.--The Secretary, through the 
     Program, shall coordinate the collection, storage, analysis, 
     and dissemination of all applicable information, 
     intelligence, and data related to the harvest, 
     transportation, or trade of fish and fish product collected 
     or maintained by the member agencies of the Program.
       (3) Confidentiality.--The Secretary, through the Program, 
     shall ensure the protection and confidentiality required by 
     law for information, intelligence, and data related to the 
     harvest, transportation, or trade of fish and fish product 
     obtained by the Program.
       (4) Data standardization.--The Secretary and the heads of 
     other departments and agencies providing staff for the 
     Program shall, to the maximum extent practicable, develop 
     data standardization for fisheries related data for Program 
     agencies and with international fisheries enforcement 
     databases as appropriate.
       (5) Assistance from intelligence community.--Upon request 
     of the Secretary, elements of the intelligence community (as 
     defined in section 3(4) of the National Security Act of 1947 
     (50 U.S.C. 401a(4))) shall collect information related to 
     illegal, unreported, or unregulated fishing activity outside 
     the United States about individuals who are not United States 
     persons (as defined in section 105A(c)(2) of such Act (50 
     U.S.C. 403-5a(c)(2))). Such elements of the intelligence 
     community shall collect and share such information with the 
     Secretary through the Program for law enforcement purposes in 
     order to detect and investigate illegal, unreported, or 
     unregulated fishing activities and to carry out the 
     provisions of this Act. All collection and sharing of 
     information shall be in accordance with the National Security 
     Act of 1947 (50 U.S.C. 401 et seq.).
       (6) Information sharing.--The Secretary, through the 
     Program, shall have authority to share fisheries-related data 
     with other Federal or State government agency, foreign 
     government, the Food and Agriculture Organization of the 
     United Nations, or the secretariat or equivalent of an 
     international fisheries management organization or 
     arrangement made pursuant to an international fishery 
     agreement, if--
       (A) such governments, organizations, or arrangements have 
     policies and procedures to safeguard such information from 
     unintended or unauthorized disclosure; and
       (B) the exchange of information is necessary--
       (i) to ensure compliance with any law or regulation 
     enforced or administered by the Secretary;
       (ii) to administer or enforce treaties to which the United 
     States is a party;
       (iii) to administer or enforce binding conservation 
     measures adopted by any international organization or 
     arrangement to which the United States is a party;
       (iv) to assist in investigative, judicial, or 
     administrative enforcement proceedings in the United States; 
     or
       (v) to assist in any fisheries or living marine resource 
     related law enforcement action undertaken by a law 
     enforcement agency of a foreign government, or in relation to 
     a legal proceeding undertaken by a foreign government.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated $30,000,000 to the Secretary for each of 
     fiscal years 2012 through 2017 to carry out this section.

     SEC. 202. INTERNATIONAL COOPERATION AND ASSISTANCE PROGRAM.

       (a) International Cooperation and Assistance Program.--The 
     Secretary may establish an international cooperation and 
     assistance program, including grants, to provide assistance 
     for international capacity building efforts.
       (b) Authorized Activities.--In carrying out the program, 
     the Secretary may--
       (1) provide funding and technical expertise to other 
     nations to assist them in addressing illegal, unreported, or 
     unregulated fishing activities;
       (2) provide funding and technical expertise to other 
     nations to assist them in reducing the loss and environmental 
     impacts of derelict fishing gears, reducing the bycatch of 
     living marine resources, and promoting international marine 
     resource conservation;
       (3) provide funding, technical expertise, and training, in 
     cooperation with the International Fisheries Enforcement 
     Program under section 201 of this Act, to other nations to 
     aid them in building capacity for enhanced fisheries 
     management, fisheries monitoring, catch and trade tracking 
     activities, enforcement, and international marine resource 
     conservation;
       (4) establish partnerships with other Federal agencies, as 
     appropriate, to ensure that fisheries development assistance 
     to other nations is directed toward projects that promote 
     sustainable fisheries; and
       (5) conduct outreach and education efforts in order to 
     promote public and private sector awareness of international 
     fisheries sustainability issues, including the need to combat 
     illegal, unreported, or unregulated fishing activity and to 
     promote international marine resource conservation.
       (c) Guidelines.--The Secretary may establish guidelines 
     necessary to implement the program.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary $5,000,000 for each of 
     fiscal years 2012 through 2017 to carry out this section. -

                  TITLE III--MISCELLANEOUS AMENDMENTS

     SEC. 301. ATLANTIC TUNAS CONVENTION ACT OF 1975.

       (a) Elimination of Annual Report.--Section 11 of the 
     Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971j) is 
     repealed.
       (b) Certain Regulations.--Section 971d(c)(2) of the 
     Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971d(c)(2)) 
     is amended--
       (1) by inserting ``(A)'' after ``(2)'';
       (2) by striking ``(A) submission'' and inserting ``the 
     presentation'';
       (3) by striking ``arguments, and (B) oral presentation at a 
     public hearing. Such'' and inserting ``written or oral 
     statements at a public hearing. After consideration of such 
     presentations, the ''; and
       (4) by adding at the end thereof the following:
       ``(B) The Secretary may issue final regulations to 
     implement Commission recommendations referred to in paragraph 
     (1) of this subsection concerning trade restrictive measures 
     against nations or fishing entities without regard to the 
     requirements of subparagraph (A) of this paragraph and 
     subsections (b) and (c) of section 553 of title 5, United 
     States Code.''.

     SEC. 302. DATA SHARING.

       (a) High Seas Driftnet Fishing Moratorium Protection Act.--
     Section 608 of the High Seas Driftnet Fishing Moratorium 
     Protection Act (16 U.S.C. 1826i) is amended--
       (1) by inserting ``(a) In General.--'' before ``The 
     Secretary,'';
       (2) by striking ``organizations'' the first place it 
     appears and inserting, ``organizations, or arrangements made 
     pursuant to an international fishery agreement (as defined in 
     section 3(24) of the Magnuson-Stevens Fishery Conservation 
     and Management Act),'';
       (3) by striking ``and'' after the semicolon in paragraph 
     (2)(C);
       (4) by striking ``territories.'' in paragraph (3) and 
     inserting ``territories; and''; and
       (5) by adding at the end thereof the following:
       ``(4) urging other nations, through the regional fishery 
     management organizations of which the United States is a 
     member, bilaterally and otherwise to seek and foster the 
     sharing of accurate, relevant, and timely information--
       ``(A) to improve the scientific understanding of marine 
     ecosystems;
       ``(B) to improve fisheries management decisions;
       ``(C) to promote the conservation of protected living 
     marine resources;
       ``(D) to combat illegal, unreported, and unregulated 
     fishing; and
       ``(E) to improve compliance with conservation and 
     management measures in international waters.
       ``(b) Information Sharing.--In carrying out this section, 
     the Secretary may disclose, as necessary and appropriate, 
     information to the Food and Agriculture Organization of the 
     United Nations, international fishery management 
     organizations (as so defined), or arrangements made pursuant 
     to an international fishery agreement, if such organizations 
     or arrangements have policies and procedures to safeguard 
     such information from unintended or unauthorized 
     disclosure.''.
       (b) Conforming Amendment.--Section 402(b)(1) of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1881a(b)(1)) is amended--
       (1) by striking ``or'' after the semicolon in subparagraph 
     (G);
       (2) by redesignating subparagraph (H) as subparagraph (J); 
     and
       (3) by inserting after subparagraph (G) the following:
       ``(H) to the Food and Agriculture Organization of the 
     United Nations, international fishery management 
     organizations, or arrangements made pursuant to an 
     international fishery agreement as provided for in the High 
     Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826i(b));
       ``(I) to any other Federal or State government agency, 
     foreign government, the Food and Agriculture Organization of 
     the United Nations, or the secretariat or equivalent of an 
     international fisheries management organization or 
     arrangement made pursuant to an international fishery 
     agreement, as provided in section 201(d)(6) of the 
     International

[[Page S170]]

     Fisheries Stewardship and Enforcement Act; or''.

     SEC. 303. PERMITS UNDER THE HIGH SEAS FISHING COMPLIANCE ACT 
                   OF 1995.

       Section 104(f) of the High Seas Fishing Compliance Act (16 
     U.S.C. 5503(f)) is amended to read as follows:
       ``(f) Validity.--A permit issued under this section is void 
     if--
       ``(1) 1 or more permits or authorizations required for a 
     vessel to fish, in addition to a permit issued under this 
     section, expire, are revoked, or are suspended; or
       ``(2) the vessel is no longer eligible for United States 
     documentation, such documentation is revoked or denied, or 
     the vessel is deleted from such documentation.''.

     SEC. 304. COMMITTEE ON SCIENTIFIC COOPERATION FOR PACIFIC 
                   SALMON AGREEMENT.

       Section 11 of the Pacific Salmon Treaty Act of 1985 (16 
     U.S.C. 3640) is amended by redesignating subsections (c) and 
     (d) as subsections (d) and (e), respectively, and inserting 
     after subsection (b) the following:
       ``(c) Scientific Cooperation Committee.--Members of the 
     Committee on Scientific Cooperation who are not State or 
     Federal employees shall receive compensation at a rate 
     equivalent to the rate payable for level IV of the Executive 
     Schedule under section 5315 of title 5, United States Code, 
     when engaged in actual performance of duties for the 
     Commission.''.

     SEC. 305. REAUTHORIZATIONS.

       (a) International Dolphin Conservation Program.--Section 
     304(c)(1) of the Marine Mammal Protection Act (16 U.S.C. 
     1414a(c)(1)) is amended by adding at the end thereof the 
     following:
       ``(E) $1,000,000 for each of fiscal years 2009 through 
     2013.''.
       (b) Pacific Salmon Treaty Act of 1985.--Section 16(d)(2)(A) 
     of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 
     3645(d)(2)(A)) is amended by striking ``and 2009,'' and 
     inserting ``2009, 2010, 2011, 2012, and 2013,''.
       (c) South Pacific Tuna Act of 1988.--Section 20(a) of the 
     South Pacific Tuna Act of 1988 (16 U.S.C. 973r(a)) is amended 
     by striking ``1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 
     2000, 2001, and 2002,'' each place it appears and inserting 
     ``2009 through 2013''.

           TITLE IV--IMPLEMENTATION OF THE ANTIGUA CONVENTION

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Antigua Convention 
     Implementing Act of 2011''.

     SEC. 402. AMENDMENT OF THE TUNA CONVENTIONS ACT OF 1950.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Tuna Conventions Act of 1950 (16 
     U.S.C. 951 et seq.).

     SEC. 403. DEFINITIONS.

       Section 2 (16 U.S.C. 951) is amended to read as follows:

     ``SEC. 2. DEFINITIONS.

       ``In this Act:
       ``(1) Antigua convention.--The term `Antigua Convention' 
     means the Convention for the Strengthening of the Inter-
     American Tropical Tuna Commission Established by the 1949 
     Convention Between the United States of America and the 
     Republic of Costa Rica, signed at Washington, November 14, 
     2003.
       ``(2) Commission.--The term `Commission' means the Inter-
     American Tropical Tuna Commission provided for by the 
     Convention.
       ``(3) Convention.--The term `Convention' means--
       ``(A) the Convention for the Establishment of an Inter-
     American Tropical Tuna Commission, signed at Washington, May 
     31, 1949, by the United States of America and the Republic of 
     Costa Rica;
       ``(B) the Antigua Convention, upon its entry into force for 
     the United States, and any amendments thereto that are in 
     force for the United States; or
       ``(C) both such Conventions, as the context requires.
       ``(4) Import.--The term `import' means to land on, bring 
     into, or introduce into, or attempt to land on, bring into, 
     or introduce into, any place subject to the jurisdiction of 
     the United States, whether or not such landing, bringing, or 
     introduction constitutes an importation within the meaning of 
     the customs laws of the United States.
       ``(5) Person.--The term `person' means an individual, 
     partnership, corporation, or association subject to the 
     jurisdiction of the United States.
       ``(6) United states.--The term `United States' includes all 
     areas under the sovereignty of the United States.
       ``(7) U.S. commissioners.--The term `U.S. commissioners' 
     means the members of the commission.
       ``(8) U.S. section.--The term `U.S. section' means the U.S. 
     Commissioners to the Commission and a designee of the 
     Secretary of State.''.

     SEC. 404. COMMISSIONERS; NUMBER, APPOINTMENT, AND 
                   QUALIFICATIONS.

       Section 3 (16 U.S.C. 952) is amended to read as follows:

     ``SEC. 3. COMMISSIONERS.

       ``(a) Commissoners.--The United States shall be represented 
     on the Commission by 5 United States Commissioners. The 
     President shall appoint individuals to serve on the 
     Commission at the pleasure of the President. In making the 
     appointments, the President shall select Commissioners from 
     among individuals who are knowledgeable or experienced 
     concerning highly migratory fish stocks in the eastern 
     tropical Pacific Ocean, one of whom shall be an officer or 
     employee of the Department of Commerce, one of whom shall be 
     the chairman or a member of the Western Pacific Fishery 
     Management Council, and one of whom shall be the chairman or 
     a member of the Pacific Fishery Management Council. Not more 
     than 2 Commissioners may be appointed who reside in a State 
     other than a State whose vessels maintain a substantial 
     fishery in the area of the Convention.
       ``(b) Alternate Commissioners.--The Secretary of State, in 
     consultation with the Secretary, may designate from time to 
     time and for periods of time deemed appropriate Alternate 
     United States Commissioners to the Commission. Any Alternate 
     United States Commissioner may exercise, at any meeting of 
     the Commission or of the General Advisory Committee or 
     Scientific Advisory Subcommittee established pursuant to 
     section 4(b), all powers and duties of a United States 
     Commissioner in the absence of any Commissioner appointed 
     pursuant to subsection (a) of this section for whatever 
     reason. The number of such Alternate United States 
     Commissioners that may be designated for any such meeting 
     shall be limited to the number of United States Commissioners 
     appointed pursuant to subsection (a) of this section who will 
     not be present at such meeting.
       ``(c) Administrative Matters.--
       ``(1) Employment status.--Individuals serving as such 
     Commissioners, other than officers or employees of the United 
     States Government, shall not be considered Federal employees 
     except for the purposes of injury compensation or tort claims 
     liability as provided in chapter 81 of title 5, United States 
     Code, and chapter 171 of title 28, United States Code.
       ``(2) Compensation.--The United States Commissioners or 
     Alternate Commissioners, although officers of the United 
     States while so serving, shall receive no compensation for 
     their services as such Commissioners or Alternate 
     Commissioners.
       ``(3) Travel expenses.--
       ``(A) The Secretary of State shall pay the necessary travel 
     expenses of United States Commissioners and Alternate United 
     States Commissioners to meetings of the IATTC and other 
     meetings the Secretary deems necessary to fulfill their 
     duties, in accordance with the Federal Travel Regulations and 
     sections 5701, 5702, 5704 through 5708, and 5731 of title 5, 
     United States Code.
       ``(B) The Secretary may reimburse the Secretary of State 
     for amounts expended by the Secretary of State under this 
     subsection.''.

     SEC. 405. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 
                   SUBCOMMITTEE.

       Section 4 (16 U.S.C. 953) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) General Advisory Committee.--
       ``(1) Appointments; public participation; compensation.--
       ``(A) The Secretary, in consultation with the Secretary of 
     State, shall appoint a General Advisory Committee which shall 
     consist of not more than 25 individuals who shall be 
     representative of the various groups concerned with the 
     fisheries covered by the Convention, including 
     nongovernmental conservation organizations, providing to the 
     maximum extent practicable an equitable balance among such 
     groups. Members of the General Advisory Committee will be 
     eligible to participate as members of the U.S. delegation to 
     the Commission and its working groups to the extent the 
     Commission rules and space for delegations allow.
       ``(B) The chair of the Pacific Fishery Management Council's 
     Advisory Subpanel for Highly Migratory Fisheries and the 
     chair of the Western Pacific Fishery Management Council's 
     Advisory Committee shall be members of the General Advisory 
     Committee by virtue of their positions in those Councils;
       ``(C) Each member of the General Advisory Committee 
     appointed under subparagraph (A) shall serve for a term of 3 
     years and is eligible for reappointment.
       ``(D) The General Advisory Committee shall be invited to 
     attend all non-executive meetings of the United States 
     Section and at such meetings shall be given opportunity to 
     examine and to be heard on all proposed programs of 
     investigation, reports, recommendations, and regulations of 
     the Commission.
       ``(E) The General Advisory Committee shall determine its 
     organization, and prescribe its practices and procedures for 
     carrying out its functions under this chapter, the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1801 et seq.), and the Convention. The General Advisory 
     Committee shall publish and make available to the public a 
     statement of its organization, practices and procedures. 
     Meetings of the General Advisory Committee, except when in 
     executive session, shall be open to the public, and prior 
     notice of meetings shall be made public in timely fashion. 
     The General Advisory Committee shall not be subject to the 
     Federal Advisory Committee Act (5 U.S.C. App.).
       ``(2) Information sharing.--The Secretary and the Secretary 
     of State shall furnish the General Advisory Committee with 
     relevant information concerning fisheries and international 
     fishery agreements.
       ``(3) Administrative matters.--

[[Page S171]]

       ``(A) The Secretary shall provide to the General Advisory 
     Committee in a timely manner such administrative and 
     technical support services as are necessary for its effective 
     functioning.
       ``(B) Individuals appointed to serve as a member of the 
     General Advisory Committee--
       ``(i) shall serve without pay, but while away from their 
     homes or regular places of business to attend meetings of the 
     General Advisory Committee shall be allowed travel expenses, 
     including per diem in lieu of subsistence, in the same manner 
     as persons employed intermittently in the Government service 
     are allowed expenses under section 5703 of title 5, United 
     States Code; and
       ``(ii) shall not be considered Federal employees except for 
     the purposes of injury compensation or tort claims liability 
     as provided in chapter 81 of title 5, United States Code, and 
     chapter 171 of title 28, United States Code.''; and
       (2) by striking so much of subsection (b) as precedes 
     paragraph (2) and inserting the following:
       ``(b) Scientific Advisory Committee.--(1) The Secretary, in 
     consultation with the Secretary of State, shall appoint a 
     Scientific Advisory Subcommittee of not less than 5 nor more 
     than 15 qualified scientists with balanced representation 
     from the public and private sectors, including 
     nongovernmental conservation organizations.''.

     SEC. 406. RULEMAKING.

       Section 6 (16 U.S.C. 955) is amended--
       (1) by striking the section caption and inserting the 
     following:

     ``SEC. 6. RULEMAKING.'' ; and
       (2) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) Regulations.--The Secretary, in consultation with the 
     Secretary of State and, with respect to enforcement measures, 
     the Secretary of the Department in which the Coast Guard is 
     operating, may promulgate such regulations as may be 
     necessary to carry out the United States international 
     obligations under the Convention and this Act, including 
     recommendations and decisions adopted by the Commission. In 
     cases where the Secretary has discretion in the 
     implementation of one or more measures adopted by the 
     Commission that would govern fisheries under the authority of 
     a Regional Fishery Management Council, the Secretary may, to 
     the extent practicable within the implementation schedule of 
     the Convention and any recommendations and decisions adopted 
     by the Commission, promulgate such regulations in accordance 
     with the procedures established by the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1801 et 
     seq.).
       ``(b) Jurisdiction.--The Secretary may promulgate 
     regulations applicable to all vessels and persons subject to 
     the jurisdiction of the United States, including United 
     States flag vessels wherever they may be operating, on such 
     date as the Secretary shall prescribe.''.

     SEC. 407. PROHIBITED ACTS.

       Section 8 (16 U.S.C. 957) is amended to read as follows:

     ``SEC. 8. PROHIBITED ACTS.

       ``It is unlawful for any person--
       ``(1) to violate any provision of this chapter or any 
     regulation or permit issued pursuant to this Act;
       ``(2) to use any fishing vessel to engage in fishing after 
     the revocation, or during the period of suspension, of an 
     applicable permit issued pursuant to this Act;
       ``(3) to refuse to permit any officer authorized to enforce 
     the provisions of this Act (as provided for in section 10) to 
     board a fishing vessel subject to such person's control for 
     the purposes of conducting any search, investigation or 
     inspection in connection with the enforcement of this Act or 
     any regulation, permit, or the Convention;
       ``(4) to forcibly assault, resist, oppose, impede, 
     intimidate, sexually harass, bribe, or interfere with any 
     such authorized officer in the conduct of any search, 
     investigations or inspection in connection with the 
     enforcement of this Act or any regulation, permit, or the 
     Convention;
       ``(5) to resist a lawful arrest for any act prohibited by 
     this Act;
       ``(6) to ship, transport, offer for sale, sell, purchase, 
     import, export, or have custody, control, or possession of, 
     any fish taken or retained in violation of this Act or any 
     regulation, permit, or agreement referred to in paragraph (1) 
     or (2);
       ``(7) to interfere with, delay, or prevent, by any means, 
     the apprehension or arrest of another person, knowing that 
     such other person has committed any act prohibited by this 
     section;
       ``(8) to knowingly and willfully submit to the Secretary 
     false information regarding any matter that the Secretary is 
     considering in the course of carrying out this Act;
       ``(9) to forcibly assault, resist, oppose, impede, 
     intimidate, sexually harass, bribe, or interfere with any 
     observer on a vessel under this Act, or any data collector 
     employed by the National Marine Fisheries Service or under 
     contract to any person to carry out responsibilities under 
     this Act;
       ``(10) to engage in fishing in violation of any regulation 
     adopted pursuant to section 6(c) of this Act;
       ``(11) to ship, transport, purchase, sell, offer for sale, 
     import, export, or have in custody, possession, or control 
     any fish taken or retained in violation of such regulations;
       ``(12) to fail to make, keep, or furnish any catch returns, 
     statistical records, or other reports as are required by 
     regulations adopted pursuant to this Act to be made, kept, or 
     furnished;
       ``(13) to fail to stop a vessel upon being hailed and 
     instructed to stop by a duly authorized official of the 
     United States;
       ``(14) to import, in violation of any regulation adopted 
     pursuant to section 6(c) of this Act, any fish in any form of 
     those species subject to regulation pursuant to a 
     recommendation, resolution, or decision of the Commission, or 
     any tuna in any form not under regulation but under 
     investigation by the Commission, during the period such fish 
     have been denied entry in accordance with the provisions of 
     section 6(c) of this Act, unless such person provides such 
     proof as the Secretary of Commerce may require that a fish 
     described in this paragraph offered for entry into the United 
     States is not ineligible for such entry under the terms of 
     section 6(c) of this Act.''.

     SEC. 408. ENFORCEMENT.

       Section 10 (16 U.S.C. 959) is amended to read as follows:

     ``SEC. 10. ENFORCEMENT.

       ``This Act shall be enforced under section 101 of the 
     International Fisheries Stewardship and Enforcement Act.''.

     SEC. 409. REDUCTION OF BYCATCH.

       Section 15 (16 U.S.C. 962) is amended by striking 
     ``vessel'' and inserting ``vessels''.

     SEC. 410. REPEAL OF EASTERN PACIFIC TUNA LICENSING ACT OF 
                   1984.

       The Eastern Pacific Tuna Licensing Act of 1984 (16 U.S.C. 
     972 et seq.) is repealed.
                                 ______
                                 
      By Mr. INOUYE:
  S. 57. A bill to amend the Internal Revenue Code of 1986 to modify 
the application of the tonnage tax on certain vessels; to the Committee 
on Finance.
  Mr. INOUYE. Mr. President, foreign registered ships now carry 97 
percent of the imports and exports moving in United States 
international trade. These foreign vessels are held to lower standards 
than United States registered ships, and are virtually untaxed. Their 
costs of operation are, therefore, lower than United States ship 
operating costs, which explains their 97 percent market share.
  Seven years ago, in order to help level the playing field for United 
States-flag ships that compete in international trade, Congress 
enacted, under the American Jobs Creation Act of 2004, Public Law 108-
357, Subchapter R, a ``tonnage tax'' that is based on the tonnage of a 
vessel, rather than taxing international income at a 35 percent 
corporate income tax rate. However, during the House and Senate 
conference, language was included, which states that a United States 
vessel cannot use the tonnage tax on international income if that 
vessel also operates in United States domestic commerce for more than 
30 days per year.
  This 30-day limitation dramatically limits the availability of the 
tonnage tax for those United States ships that operate in both domestic 
and international trade and, accordingly, severely hinders their 
competitiveness in foreign commerce. It is important to recognize that 
ships operating in United States domestic trade already have 
significant cost disadvantages. Specifically, they are built in higher 
priced United States shipyards; do not receive Maritime Security 
Payments, even when operated in international trade; and are owned by 
United States-based American corporations. The inability of these 
domestic operators to use the tonnage tax for their international 
service is a further, unnecessary burden on their competitive position 
in foreign commerce.
  When windows of opportunity present themselves in international 
trade, American tax policy and maritime policy should facilitate the 
participation of these American-built ships. Instead, the 30-day limit 
makes them ineligible to use the tonnage tax, and further handicaps 
American vessels when competing for international cargo. Denying the 
tonnage tax to coastwise qualified ships further stymies the operation 
of American built ships in international commerce, and further 
exacerbates America's 97 percent reliance on foreign ships to carry its 
international cargo.
  These concerns were of sufficient importance that in December 2006 
Congress repealed the 30-day limit on domestic trading--but only for 
approximately 50 ships operating in the Great Lakes. These ships 
primarily operate in domestic trade on the Great Lakes, but also carry 
cargo between the United States and Canada in international trade, 
Section 415 of P.L. 109-432, the Tax Relief and Health Care Act of 
2006.
  The identifiable universe of remaining ships other than the Great 
Lakes

[[Page S172]]

ships that operate in domestic trade, but that may also operate 
temporarily in international trade, totals 13 United States flag 
vessels. These 13 ships normally operate in domestic trades that 
involve Washington, Oregon, California, Hawaii, Alaska, Florida, 
Mississippi, and Louisiana. In the interest of providing tax equity to 
the United States corporations that own and operate these 13 vessels, 
my bill would repeal the tonnage tax 30-day limit on domestic 
operations and enable these vessels to utilize the tonnage tax on their 
international income so they receive the same treatment as other United 
States flag international operations. I stress that, under my bill, 
these ships will continue to pay the normal 35 percent United States 
corporate tax rate on their domestic income.
  Repeal of the tonnage tax's 30-day limit on domestic operations is a 
necessary step toward providing tax equity between United States flag 
and foreign flag vessels. I strongly urge the tax writing committees of 
the U.S. Congress to give this legislation their expedited 
consideration and approval.
  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. 57

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

     SECTION 1. MODIFICATION OF THE APPLICATION OF THE TONNAGE TAX 
                   ON VESSELS OPERATING IN THE DUAL UNITED STATES 
                   DOMESTIC AND FOREIGN TRADES.

       (a) In General.--Subsection (f) of section 1355 of the 
     Internal Revenue Code of 1986 (relating to definitions and 
     special rules) is amended to read as follows:
       ``(f) Effect of Operating a Qualifying Vessel in the Dual 
     United States Domestic and Foreign Trades.--For purposes of 
     this subchapter--
       ``(1) an electing corporation shall be treated as 
     continuing to use a qualifying vessel in the United States 
     foreign trade during any period of use in the United States 
     domestic trade, and
       ``(2) gross income from such United States domestic trade 
     shall not be excluded under section 1357(a), but shall not be 
     taken into account for purposes of section 1353(b)(1)(B) or 
     for purposes of section 1356 in connection with the 
     application of section 1357 or 1358.''.
       (b) Regulatory Authority for Allocation of Credits, Income, 
     and Deductions.--Section 1358 of the Internal Revenue Code of 
     1986 (relating to allocation of credits, income, and 
     deductions) is amended--
       (1) by striking ``in accordance with this subsection'' in 
     subsection (c) and inserting ``to the extent provided in such 
     regulations as may be prescribed by the Secretary'', and
       (2) by adding at the end the following new subsection:
       ``(d) Regulations.--The Secretary shall prescribe 
     regulations consistent with the provisions of this subchapter 
     for the purpose of allocating gross income, deductions, and 
     credits between or among qualifying shipping activities and 
     other activities of a taxpayer.''.
       (c) Conforming Amendments.--
       (1) Section 1355(a)(4) of the Internal Revenue Code of 1986 
     is amended by striking ``exclusively''.
       (2) Section 1355(b)(1)(B) of such Code is amended by 
     striking ``as a qualifying vessel'' and inserting ``in the 
     transportation of goods or passengers''.
       (3) Section 1355 of such Code is amended--
       (A) by striking subsection (g), and
       (B) by redesignating subsection (h) as subsection (g).
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
      By Mr. INOUYE:
  S. 59. A bill to treat certain hospital support organizations as 
qualified organizations for purposes of determining acquisition 
indebtedness; to the Committee on Finance.
  Mr. INOUYE. Mr. President, the legislation I am reintroducing today 
will extend to qualified teaching hospital support organizations the 
existing debt-financed safe harbor rule. Congress enacted that rule to 
support the public service activities of tax-exempt schools, 
universities, pension funds, and consortia of such institutions. Our 
teaching hospitals require similar support.
  As a result, for-profit hospitals are moving from older areas to 
affluent locations where residents can afford to pay for treatment. 
These private hospitals typically have no mandate for community 
service. In contrast, non-profit hospitals must fulfill a community 
service requirement. They must stretch their resources to provide 
increased charitable care, update their facilities, and maintain 
skilled staffing resulting in closures of non-profit hospitals due to 
this financial strain.
  The problem is particularly severe for teaching hospitals. Non-profit 
hospitals provide nearly all the postgraduate medical education in the 
United States. Post-graduate medical instruction is by nature not 
profitable. Instruction in the treatment of mental disorders and trauma 
is especially costly.
  Despite their financial problem, the Nation's non-profit hospitals 
strive to deliver a very high level of service. A study in the December 
2006 issue of Archives of International Medicine had surveyed 
hospital's quality of care in four areas of treatment. It found that 
non-profit hospitals consistently outperformed for-profit hospitals. 
The study also found that teaching hospitals had a higher level of 
performance in treatment and diagnosis, and that investments in 
technology and staffing leads to better care. In addition, it 
recommended that alternative payments and sources of payments be 
considered to finance these improvements.
  The success and financial constraints of non-profit teaching 
hospitals is evident in work of the Queen's Health Systems in my State. 
This 151-year-old organization maintains the largest, private, 
nonprofit hospital in Hawaii. The Queen's Health Systems serve as the 
primary clinical teaching facility for the University of Hawaii's 
medical residency program in medicine, general surgery, orthopedic 
surgery, pathology, psychiatry, and is a clinical teaching facility for 
obstetrics-gynecology. It conducts educational and training programs 
for nurses and allied health personnel. The Queen's Health Systems 
operate the only trauma unit as well as the chief behavioral health 
program in the State. It maintains clinics throughout Hawaii, health 
programs, for Native Hawaiians, and a small hospital in the rural, 
economically depressed island of Molokai. Furthermore, the Queen's 
Health Systems annually provides millions of dollars in uncompensated 
health services. To help pay for these community benefits, the Queen's 
Health Systems, as other nonprofit teaching hospitals, relies 
significantly on income from its endowment.
  In the past, the Congress has allowed tax-exempt schools, colleges, 
universities, and pension funds to invest their endowment in real 
estate so as to better meet their financial needs. Under the tax code, 
these organizations can incur debt for real estate investments without 
triggering the tax on unrelated business activities.
  If the Queen's Health Systems were part of a university, it could 
borrow without incurring an unrelated business income tax. Not being 
part of a university, however, a teaching hospital and its support 
organization run into the tax code's debt financing prohibition. Non-
profit teaching hospitals have the same if not more pressing needs as 
that of universities, schools, and pension trusts. The same safe harbor 
rule should be extended to teaching hospitals.
  My bill would allow the support organizations for qualified teaching 
hospitals to engage in limited borrowing to enhance their endowment 
income. The proposal for teaching hospitals is actually more restricted 
than current law for schools, universities and pension trusts. Under 
safeguards developed by the Joint Committee on Taxation staff, a 
support organization for a teaching hospital cannot buy and develop 
land on a commercial basis. The proposal is tied directly to the 
organization endowment. The staff's revenue estimates show that the 
provision with its general application will help a number of teaching 
hospitals.
  The U.S. Senate has several times before acted favorably on this 
proposal. The Senate adopted a similar provision in H.R. 1836, the 
Economic Growth and Tax Relief Act of 2001. The House conferees on that 
bill, however, objected that the provision was unrelated to the bill's 
focus on individual tax relief and the conference deleted the provision 
from the final legislation. Subsequently, the Finance Committee 
included the provision in H.R. 7, the CARE Act of 2002, and in S. 476, 
the CARE Act of 2003, which the Senate passed. In a previous Congress' 
S. 6, the

[[Page S173]]

Marriage, Opportunity, Relief, and Empowerment Act of 2005, which the 
Senate leadership introduced, also included the proposal.
  As the Senate Finance Committee's hearings show, substantial health 
needs would go unmet if not for our charitable hospitals. It is time 
for the Congress to assist the Nation's teaching hospitals in their 
charitable, educational service.
  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. 59

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

     SECTION 1. TREATMENT OF CERTAIN HOSPITAL SUPPORT 
                   ORGANIZATIONS AS QUALIFIED ORGANIZATIONS FOR 
                   PURPOSES OF DETERMINING ACQUISITION 
                   INDEBTEDNESS.

       (a) In General.--Subparagraph (C) of section 514(c)(9) of 
     the Internal Revenue Code of 1986 (relating to real property 
     acquired by a qualified organization) is amended by striking 
     ``or'' at the end of clause (iii), by striking the period at 
     the end of clause (iv) and inserting ``; or'', and by adding 
     at the end the following new clause:
       ``(v) a qualified hospital support organization (as defined 
     in subparagraph (I)).''.
       (b) Qualified Hospital Support Organizations.--Paragraph 
     (9) of section 514(c) of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following new subparagraph:
       ``(I) Qualified hospital support organizations.--For 
     purposes of subparagraph (C)(iv), the term `qualified 
     hospital support organization' means, with respect to any 
     eligible indebtedness (including any qualified refinancing of 
     such eligible indebtedness), a support organization (as 
     defined in section 509(a)(3)) which supports a hospital 
     described in section 119(d)(4)(B) and with respect to which--
       ``(i) more than half of its assets (by value) at any time 
     since its organization--

       ``(I) were acquired, directly or indirectly, by 
     testamentary gift or devise, and
       ``(II) consisted of real property, and

       ``(ii) the fair market value of the organization's real 
     estate acquired, directly or indirectly, by gift or devise, 
     exceeded 25 percent of the fair market value of all 
     investment assets held by the organization immediately prior 
     to the time that the eligible indebtedness was incurred.

     For purposes of this subparagraph, the term `eligible 
     indebtedness' means indebtedness secured by real property 
     acquired by the organization, directly or indirectly, by gift 
     or devise, the proceeds of which are used exclusively to 
     acquire any leasehold interest in such real property or for 
     improvements on, or repairs to, such real property. A 
     determination under clauses (i) and (ii) of this subparagraph 
     shall be made each time such an eligible indebtedness (or the 
     qualified refinancing of such an eligible indebtedness) is 
     incurred. For purposes of this subparagraph, a refinancing of 
     such an eligible indebtedness shall be considered qualified 
     if such refinancing does not exceed the amount of the 
     refinanced eligible indebtedness immediately before the 
     refinancing.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to indebtedness incurred on or after the date of 
     the enactment of this Act.
                                 ______
                                 
      By Mr. INOUYE:
  S. 60. A bill to provide relief to the Pottawatomi Nation in Canada 
for settlement of certain claims against the United States; to the 
Committee on the Judiciary.
  Mr. INOUYE. Mr. President, nearly 16 years ago I stood before you to 
introduce a bill ``to provide an opportunity for the Pottawatomi Nation 
in Canada to have the merits of their claims against the United States 
determined by the United States Court of Federal Claims.''
  That bill was introduced as Senate Resolution 223, which referred the 
Pottawatomi's claim to the Chief Judge of the U.S. Court of Federal 
Claims and required the Chief Judge to report back to the Senate and 
provide sufficient findings of fact and conclusions of law to enable 
the Congress to determine whether the claim of the Pottawatomi Nation 
in Canada is legal or equitable in nature, and the amount of damages, 
if any, which may be legally or equitably due from the United States.
  Over a decade ago, the Chief Judge of the Court of Federal Claims 
reported back that the Pottawatomi Nation in Canada has a legitimate 
and credible legal claim. Thereafter, by settlement stipulation, the 
United States has taken the position that it would be ``fair, just and 
equitable'' to settle the claims of the
  ottawatomi Nation in Canada for the sum of $1,830,000. This 
settlement amount was reached by the parties after seven years of 
extensive, fact-intensive litigation. Independently, the court 
concluded that the settlement amount is ``not a gratuity'' and that the 
``settlement was predicated on a credible legal claim.'' Pottawatomi 
Nation in Canada, et al. v. United States, Cong. Ref. 94-1037X at 28, 
Ct. Fed. Cl., September 15, 2000, Report of Hearing Officer.
  The bill I introduce today is to authorize the appropriation of those 
funds that the United States has concluded would be ``fair, just and 
equitable'' to satisfy this legal claim. If enacted, this bill will 
finally achieve a measure of justice for a tribal nation that has for 
far too long been denied.
  For the information of our colleagues, this is the historical 
background that informs the underlying legal claim of the Canadian 
Pottawatomi.
  The members of the Pottawatomi Nation in Canada are one of the 
descendant groups--successors-in-interest--of the historical 
Pottawatomi Nation and their claim originates in the latter part of the 
18th century. The historical Pottawatomi Nation was aboriginal to the 
United States. They occupied and possessed a vast expanse in what is 
now the States of Ohio, Michigan, Indiana, Illinois, and Wisconsin. 
From 1795 to 1833, the United States annexed most of the traditional 
land of the Pottawatomi Nation through a series of treaties of 
cession--many of these cessions were made under extreme duress and the 
threat of military action. In exchange, the Pottawatomi were repeatedly 
made promises that the remainder of their lands would be secure and, in 
addition, that the United States would pay certain annuities to the 
Pottawatomi.
  In 1829, the United States formally adopted a Federal the policy of 
removal; an effort to remove all Indian tribes from their traditional 
lands east of the Mississippi River to the west. As part of that 
effort, the government increasingly pressured the Pottawatomi to cede 
the remainder of their traditional lands, some five million acres in 
and around the city of Chicago, and remove their nation west. For 
years, the Pottawatomi steadfastly refused to cede the remainder of 
their tribal territory. Then in 1833, the United States, pressed by 
settlers seeking more land, sent a Treaty Commission to the Pottawatomi 
with orders to extract a cession of the remaining lands. The Treaty 
Commissioners spent 2 weeks using extraordinarily coercive tactics--
including threats of war--in an attempt to get the Pottawatomi to agree 
to cede their territory. Finally, those Pottawatomi who were present 
relented and on September 26, 1933, they ceded their remaining tribal 
estate through what would be known as the Treaty of Chicago. Seventy-
seven members of the Pottawatomi Nation signed the Treaty of Chicago. 
Members of the ``Wisconsin Band'' were not present and did not assent 
to the cession.
  In exchange for their land, the Treaty of Chicago provided that the 
United States would give to the Pottawatomi 5 million acres of 
comparable land in what is now Missouri. The Pottawatomi were familiar 
with the Missouri land, aware that it was similar to their homeland. 
However, the Senate refused to ratify that negotiated agreement and 
unilaterally switched the land to five million acres in Iowa. The 
Treaty Commissioners were sent back to acquire Pottawatomi assent to 
the Iowa land. All but seven of the original 77 signatories refused to 
accept the change even with promises that if they were dissatisfied 
``justice would be done.''
  Nevertheless, the Treaty of Chicago was ratified as amended by the 
Senate in 1834. Subsequently, the Pottawatomi sent a delegation to 
evaluate the land in Iowa. The delegation reported back that the land 
was ``not fit for snakes to live on.''
  While some Pottawatomi moved westward, many of the Pottawatomi, 
particularly the Wisconsin Band, whose leaders never agreed to the 
Treaty, refused to do so. By 1836, the United States began to 
forcefully remove Pottawatomi who remained in the east with devastating 
consequences. As is true with many other American Indian tribes, the 
forced removal westward came at great human cost. Many of the 
Pottawatomi were forcefully removed

[[Page S174]]

by mercenaries who were paid on a per capita basis government contract. 
Over one-half of the Indians removed by these means died en route. 
Those who reached Iowa were almost immediately removed further to 
inhospitable parts of Kansas against their will and without their 
consent.
  After learning of these conditions, many of the Pottawatomi, 
including most of the Wisconsin Band, vigorously resisted forced 
removal. To avoid Federal troops and mercenaries, much of the Wisconsin 
Band ultimately found it necessary to flee to Canada. They were often 
pursued to the border by government troops, government-paid mercenaries 
or both. Official files of the Canadian and United States governments 
disclose that many Pottawatomi were forced to leave their homes without 
their horses or any of their possessions other than the clothes on 
their backs.
  By the late 1830s, the government refused payment of annuities to any 
Pottawatomi groups that had not removed west. In the 1860s, members of 
the Wisconsin Band--those still in their traditional territory and 
those forced to flee to Canada--petitioned Congress for the payment of 
their treaty annuities promised under the Treaty of Chicago and all 
other cession treaties. By the Act of June 25, 1864, 13 Stat. 172, 
Congress declared that the Wisconsin Band did not forfeit their 
annuities by not removing and directed that the share of the 
Pottawatomi Indians who had refused to relocate to the west should be 
retained for their use in the United States Treasury. H.R. Rep. No. 
470, 64th Cong., p. 5, as quoted on page 3 of memo dated October 7, 
1949. Nevertheless, much of the money was never paid to the Wisconsin 
Band.
  In 1903, the Wisconsin Band--most of whom now resided in three areas, 
the States of Michigan and Wisconsin and the Province of Ontario--
petitioned the Senate once again to pay them their fair portion of 
annuities as required by the law and treaties, Sen. Doc. No. 185, 57th 
Cong., 2d Sess. By the act of June 21, 1906, 34 Stat. 380, Congress 
directed the Secretary of the Interior to investigate claims made by 
the Wisconsin Band and establish a roll of the Wisconsin Band 
Pottawatomi that still remained in the east. In addition, Congress 
ordered the Secretary to determine ``the [Wisconsin Bands] 
proportionate shares of the annuities, trust funds, and other moneys 
paid to or expended for the tribe to which they belong in which the 
claimant Indians have not shared, [and] the amount of such monies 
retained in the Treasury of the United States to the credit of the 
clamant Indians as directed the provision of the Act of June 25, 
1864.''
  In order to carry out the 1906 Act, the Secretary of Interior 
directed Dr. W.M. Wooster to conduct an enumeration of Wisconsin Band 
Pottawatomi in both the United States and Canada. Dr. Wooster 
documented 2,007 Wisconsin Pottawatomi: 457 in Wisconsin and Michigan 
and 1,550 in Canada. He also concluded that the proportionate share of 
annuities for the Pottawatomi in Wisconsin and Michigan was $477,339 
and that the proportionate share of annuities due the Pottawatomi 
Nation in Canada was $1,517,226. Congress thereafter enacted a series 
of appropriation Acts from June 30, 1913 to May 29, 1928 to satisfy 
most of the money owed to those Wisconsin Band Pottawatomi residing in 
the United States. However, the Wisconsin Band Pottawatomi who resided 
in Canada were never paid their share of the tribal funds.
  Since that time, the Pottawatomi Nation in Canada has diligently and 
continuously sought to enforce their treaty rights, although until this 
Congressional reference, they had never been provided their day in 
court. In 1910, the United States and Great Britain entered into an 
agreement for the purpose of dealing with claims between both 
countries, including claims of Indian tribes within their respective 
jurisdictions, by creating the Pecuniary Claims Tribunal. From 1910 to 
1938, the Pottawatomi Nation in Canada diligently sought to have their 
claim heard in this international forum. Overlooked for more pressing 
international matters of the period, including the intervention of 
World War I, the Pottawatomi then came to the U.S. Congress for redress 
of their claim.
  In 1946, the Congress waived its sovereign immunity and established 
the Indian Claims Commission for the purpose of granting tribes their 
long-delayed day in court. The Indian Claims Commission Act, ICCA, 
granted the Commission jurisdiction over claims such as the type 
involved here. In 1948, the Wisconsin Band Pottawatomi from both sides 
of the border brought suit together in the Indian Claims Commission for 
recovery of damages. Hannahville Indian Community v. U.S., No. 28 (Ind. 
Cl. Comm. Filed May 4, 1948). Unfortunately, the Indian Claims 
Commission dismissed Pottawatomi Nation in Canada's part of the claim 
ruling that the Commission had no jurisdiction to consider claims of 
Indians living outside territorial limits of the United States. 
Hannahville Indian Community v. U.S., 115 Ct. Cl. 823, 1950. The claim 
of the Wisconsin Band residing in the United States that was filed in 
the Indian Claims Commission was finally decided in favor of the 
Wisconsin Band by the U.S. Claims Court in 1983. Hannahville Indian 
Community v. United States, 4 Ct. Cl. 445, 1983. The Court of Claims 
concluded that the Wisconsin Band was owed a member's proportionate 
share of unpaid annuities from 1838 through 1907 due under various 
treaties, including the Treaty of Chicago and entered judgment for the 
American Wisconsin Band Pottawatomi for any monies not paid. Still the 
Pottawatomi Nation in Canada was excluded because of the jurisdictional 
limits of the ICCA.
  Undaunted, the Pottawatomi Nation in Canada came to the Senate, and 
after careful consideration, we finally gave them their long-awaited 
day in court through the Congressional reference process. The court has 
now reported back to us that their claim is meritorious and that the 
payment that this bill would make constitutes a ``fair, just and 
equitable'' resolution to this claim.
  The Pottawatomi Nation in Canada has sought justice for over 150 
years. They have done all that we asked in order to establish their 
claim. Now it is time for us to finally live up to the promise our 
government made so many years ago. It will not correct all the wrongs 
of the past, but it is a demonstration that this government is willing 
to admit when it has left an unfulfilled obligation, and that the 
United States is willing to do what we can to see that justice, so long 
delayed, is not now denied.
  Finally, I would just note that the claim of the Pottawatomi Nation 
in Canada is supported through specific resolutions by the National 
Congress of American Indians, the oldest, largest and most-
representative tribal organization here in the United States, the 
Assembly of First Nations, which includes all recognized tribal 
entities in Canada, and each and every of the Pottawatomi tribal groups 
that remain in the United States today.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 60

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

     SECTION 1. SETTLEMENT OF CERTAIN CLAIMS.

       (a) Authorization for Payment.--Notwithstanding any other 
     provision of law, subject to subsection (b), the Secretary of 
     the Treasury shall pay to the Pottawatomi Nation in Canada 
     $1,830,000 from amounts appropriated under section 1304 of 
     title 31, United States Code.
       (b) Payment in Accordance With Stipulation for 
     Recommendation of Settlement.--The payment under subsection 
     (a) shall--
       (1) be made in accordance with the terms and conditions of 
     the Stipulation for Recommendation of Settlement dated May 
     22, 2000, entered into between the Pottawatomi Nation in 
     Canada and the United States (referred to in this section as 
     the ``Stipulation for Recommendation of Settlement''); and
       (2) be included in the report of the Chief Judge of the 
     United States Court of Federal Claims regarding Congressional 
     Reference No. 94-1037X, submitted to the Senate on January 4, 
     2001, in accordance with sections 1492 and 2509 of title 28, 
     United States Code.
       (c) Full Satisfaction of Claims.--The payment under 
     subsection (a) shall be in full satisfaction of all claims of 
     the Pottawatomi Nation in Canada against the United States 
     that are referred to or described in the Stipulation for 
     Recommendation of Settlement.
       (d) Nonapplicability.--Notwithstanding any other provision 
     of law, the Indian Tribal Judgment Funds Use or Distribution 
     Act (25 U.S.C. 1401 et seq.) does not apply to the payment 
     under subsection (a).
                                 ______
                                 
      By Mr. INOUYE (for himself, Ms. Murkowski, and Mr. Begich):

[[Page S175]]

  S. 61. A bill to establish a Native American Economic Advisory 
Council, and for other purposes; to the Committee on Indian Affairs.
  Mr. INOUYE. Mr. President, I rise to introduce a bill that would 
establish a Native American Economic Advisory Council. This Council's 
primary duties would be to consult, coordinate, and make 
recommendations to Federal agencies for the purpose of improving the 
substandard economic conditions that exist in our Native communities.
  Currently, there is no Council, and despite the Federal Government's 
``trust'' relationship with Native American tribes, Native Americans 
themselves continue to rank lowest in quality of life standings. As a 
nation we need to preserve our Native communities as they are rich with 
cultural significance and living history.
  Native communities are considered ``emerging economies'' that have 
stalled because of the current economic situation. This bill is an 
attempt to keep these communities moving by educating, empowering, and 
encouraging our future Native American leaders to create sustainable 
economic growth programs in their own communities.
  In Hawaii, the cost of living ranges from 30 percent to 60 percent 
higher than the national average. We have to start planning for 
economic stability in the future and this bill provides an opportunity 
to do so. I look forward to working with my colleagues on reinvesting 
in our Nation's 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. 61

       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 ``Native American Economic 
     Advisory Council Act of 2011''.

     SEC. 2. FINDINGS.

       Congress finds--
       (1) the United States has a special political and legal 
     relationship and responsibility to promote the welfare of the 
     Native American people of the United States;
       (2) evaluations of indicators and criteria of social well-
     being, education, health, unemployment, housing, income, 
     rates of poverty, justice systems, and nutrition by agencies 
     of government and others have consistently found that Native 
     American communities rank below other groups of United States 
     citizens and many are at or near the bottom in those 
     evaluations;
       (3) Native Americans, like other people in the United 
     States, have been hit hard by the deepest recession of the 
     United States economy in over 50 years, causing a significant 
     decline in employment and economic activity across the United 
     States;
       (4) Native American communities have been described as 
     ``emerging economies'' and consequently have been stalled in 
     the efforts of the communities to build sustainable growing 
     economies for the people of the communities and are being 
     adversely affected faster than the rest of the United States;
       (5) economic stimulus programs to help Native American 
     communities generate jobs and stronger economic performance 
     will require United States financial and tax incentives to 
     increase both local and expanded investment that is tailored 
     to the unique needs and circumstances of Native American 
     communities;
       (6) the impacts of the ongoing recession and the near 
     collapse of the financial and banking systems require a 
     review of assumptions about the future, the need for new 
     growth strategies, and a focus on laying the groundwork for 
     economic success in the 21st century;
       (7) there is a continuing need for direct economic 
     stimulus, including needs for improving rural infrastructure 
     and alternative energy in rural and Native American 
     communities of the United States and providing Native 
     Americans leaders with the tools to create jobs and improve 
     economic conditions;
       (8) in light of the role of Native American communities as 
     emerging markets within the United States, there are 
     opportunities and needs that should be addressed, including 
     consideration of United States support for the pooling of 
     resources to create an Indigenous Sovereign Wealth Fund that 
     is similar to those Funds created around the world to 
     diversify revenue streams, attract more resources, invest 
     more wisely, and create jobs;
       (9) Native Americans should be participants when major 
     economic decisions are made that affect the property, lives, 
     and future of Native Americans; and
       (10) Native Americans should fully participate in 
     rebuilding Native American communities and have necessary 
     tools and resources.

     SEC. 3. PURPOSE.

       The purpose of this Act is to authorize and establish a 
     Native American Economic Advisory Council to consult, 
     coordinate with, and make recommendations to the Executive 
     Office of the President, Cabinet officers, and Federal 
     agencies--
       (1) to improve the focus, effectiveness, and delivery of 
     Federal economic aid and development programs to Native 
     Americans and, as a result, improve substandard economic 
     conditions in Native American communities;
       (2) to build and expand on the capacity of leaders in 
     Native American organizations and communities to take 
     positive and innovative steps--
       (A) to create jobs;
       (B) to establish stable and profitable business 
     enterprises;
       (C) to enhance economic conditions; and
       (D) to use Native American-owned resources for the benefit 
     of members; and
       (3) to achieve the long-term goal of improving the quality 
     of Native American life and living conditions and access to 
     basic public services to the levels enjoyed by the average 
     citizen and community of the United States by the year 2025.

     SEC. 4. ESTABLISHMENT OF NATIVE AMERICAN ECONOMIC ADVISORY 
                   COUNCIL.

       (a) In General.--There is established a Native American 
     Economic Advisory Council (referred to in this Act as the 
     ``Council'') to advise and assist the Executive Office of the 
     President and Federal agencies to ensure that Native 
     Americans (including Native American members, communities and 
     organizations) have--
       (1) the means and capacity to generate and benefit from 
     economic stimulus and growth; and
       (2) fair access to, and reasonable opportunities to 
     participate in, Federal economic development and job growth 
     programs.
       (b) Members.--
       (1) In general.--The Council shall consist of 5 members 
     appointed by the President.
       (2) Initial appointments.--Not later than 180 days after 
     the date of enactment of this Act, the President shall 
     appoint the initial members of the Council.
       (3) Composition.--Of the members of the Council--
       (A) 1 member shall be an Alaska Native;
       (B) 1 member shall be a Hawaiian Native; and
       (C) 3 members shall represent American Native groups and 
     organizations from other States.
       (4) Chairperson.--The President shall designate 1 of the 
     members of the Council to serve as Chairperson.
       (c) Experience.--Each member of the Council shall be a 
     Native American who, as a result of work experience, 
     training, and attainment, is well qualified--
       (1) to identify, analyze, and understand the attributes and 
     background of successful business enterprises and economic 
     programs in Native American communities and cultures;
       (2) to appraise the economic development programs and 
     activities of Federal agencies in the context of the goals 
     and purposes of this Act; and
       (3) to recommend programs, policies, and needed program 
     modifications to improve access to and effectiveness in the 
     delivery of economic development programs in Native American 
     communities.
       (d) Vacancies.--A vacancy on the Council--
       (1) shall not affect the authority of the Commission; and
       (2) shall be filled in the same manner as the initial 
     appointments to the Council.
       (e) Expenses.--Each Member of the Council shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     at the rate authorized for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from the homes or regular places of business of 
     the employees in the performance of services for the Council.
       (f) Staff.--
       (1) In general.--The Council may, without regard to the 
     civil service laws (including regulations), appoint and 
     terminate an executive director and such other staff as are 
     necessary to enable the Council to perform the duties 
     required under this Act.
       (2) Compensation.--
       (A) In general.--Subject to subparagraph (B), the Council 
     may fix the compensation of the executive director and other 
     personnel without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of title 5, United States Code, 
     relating to classification of positions and General Schedule 
     pay rates.
       (B) Maximum amount.--The rate of pay for the executive 
     director and other personnel of the Council shall not exceed 
     the rate payable for level V of the Executive Schedule under 
     section 5316 of title 5, United States Code.
       (g) Detail of Employees.--
       (1) In general.--An employee of the Federal Government may 
     be detailed to the Council without reimbursement.
       (2) Civil service status.--The detail of an employee shall 
     be without interruption or loss of civil service status or 
     privilege.
       (h) Temporary Services.--The Council may procure temporary 
     and intermittent services in accordance with section 3109(b) 
     of title 5, United States Code, at rates for individuals that 
     do not exceed the daily equivalent of the annual rate of 
     basic pay prescribed for level V of the Executive Schedule 
     under section 5316 of that title.
       (i) Administrative Services.--The Secretary of Commerce 
     shall provide necessary office space and administrative 
     services for the Council (including staff of the Council).

[[Page S176]]

     SEC. 5. DUTIES.

       (a) In General.--The Council shall advise and make 
     recommendations to Federal agencies on--
       (1) proposing sustainable economic growth and poverty 
     reduction policies in a manner that promotes self-
     determination, self-sufficiency, and independence in urban 
     and remote Native American communities while preserving the 
     traditional cultural values of those communities;
       (2) ensuring that Native Americans (including Native 
     American communities and organizations) have equal access to 
     Federal economic aid, training, and assistance programs;
       (3) developing economic growth strategies, finance, and tax 
     policies that will enable Native American organizations to 
     stimulate the local economies of Native Americans and create 
     meaningful new jobs in Native American communities;
       (4) increasing the effectiveness of Federal programs to 
     address the economic, employment, medical, and social needs 
     of Native American communities;
       (5) administering Federal economic development assistance 
     programs with an understanding of the unique needs of Native 
     American communities with the objectives of--
       (A) making Native American leaders knowledgeable about best 
     business practices and successful economic and job growth 
     strategies;
       (B) promoting investment and economic growth and reducing 
     unemployment and poverty in Native American communities;
       (C) enhancing governance, entrepreneurship, and self-
     determination in Native American communities; and
       (D) fostering demonstrations of transformational changes in 
     economic conditions in remote Native American communities 
     through the use of innovative technology, targeted 
     investments, and the use of Native American-owned natural and 
     scenic resources;
       (6) improving the effectiveness of economic development 
     assistance programs through the integration and coordination 
     of assistance to Native American communities;
       (7) recommending educational and business training programs 
     for Native Americans that increase the capacity of Native 
     Americans for economic well-being and to further the purposes 
     of this Act; and
       (8) initiating proposals, as needed, for fellowship and 
     mentoring programs to meet the economic development needs of 
     Native American communities.
       (b) Additional Duties.--The Council shall--
       (1) prepare a compilation of successful business 
     enterprises and joint ventures conducted by Native American 
     organizations, including tribal enterprises and the 
     commercial ventures of Native Corporations (as defined in 
     section 102 of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3102)) in the State of Alaska; 
     and
       (2) periodically sponsor and arrange conferences and 
     training workshops on Native American business activities, 
     including providing mentors, resource people, and speakers to 
     address financing, management, marketing, resource 
     development, and best business practices in Native American 
     business enterprises.

     SEC. 6. ASSESSMENT OF IMPACTS OF LEGISLATIVE PROPOSALS ON 
                   NATIVE AMERICAN ECONOMIC PROSPECTS AND 
                   OPPORTUNITY.

       In preparing and communicating the comments and 
     recommendations of the President on proposed legislation to 
     committees and leadership of Congress, the Director of the 
     Office of Management and Budget and the head of a Federal 
     agency shall include an assessment of the impacts of the 
     proposed legislation on the economic and employment prospects 
     and opportunities provided in the proposed legislation to 
     improve the quality of living conditions of Native American 
     communities, organizations, and members to the levels enjoyed 
     by most people of the United States.

     SEC. 7. REPORTS.

       The Council shall--
       (1) prepare periodic reports on the activities of the 
     Council; and
       (2) make the reports available to--
       (A) Native American communities, organizations, and 
     members;
       (B) the General Services Administration;
       (C) the Office of Management and Budget;
       (D) the Domestic Policy Council;
       (E) the National Economic Council;
       (F) the Council of Economic Advisers;
       (G) the Secretary of the Treasury;
       (H) the Secretary of Commerce;
       (I) the Secretary of Labor;
       (J) the Secretary of the Interior;
       (K) the Secretary of Energy; and
       (L) members of the public.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     Act such sums as are necessary.
                                 ______
                                 
      By Mr. INOUYE:
  S. 62. A bill to amend the Federal Deposit Insurance Act to modify 
requirements relating to the location of bank branches on Indian 
reservations, and for other purposes; to the Committee on Banking, 
Housing, and Urban Affairs.
  Mr. INOUYE. Mr. President, I rise to introduce a bill that would 
provide authority for the establishment of branch banking facilities on 
Indian reservations so that the Federally-chartered Native American 
Bank could enable access to financial services to Indian tribes and 
their citizens.
  Many years ago, as part of my service as Chairman of the Senate 
Indian Affairs Committee, I met with tribal leaders to discuss the 
challenges of economic development in Indian country. At that time, I 
suggested that they might give consideration to a means by which tribal 
governments could pool their resources and thereby provide the capital 
that other tribal governments could employ on a short-term loan basis 
to undertake reservation-based projects that held the potential of 
stimulating economic growth in their tribal communities.
  The tribal leaders with whom I met were very interested in this idea, 
and in the ensuing years, went forward and established the Native 
American Bank--which is headquartered in Denver--but continues to 
manage its first affiliated bank on the Blackfeet Indian Reservation in 
Montana.
  As my colleagues know, there are few financial institutions located 
either on or near Indian reservations, and sadly, there is evidence 
that some financial institutions have found it apparently necessary to 
either charge very high rates that they associate with the risk of 
doing business in Indian country, or to deny financial assistance 
altogether.
  The Native American Bank has stepped into that latter void and has 
been providing meaningful financial services to tribal governments and 
their citizens for a number of years.
  This bill contains amendments to the McFadden Act that have been 
carefully sculpted to address only this narrow expansion of capacity on 
the part of financial institutions serving Indian country.
  Mr. President I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 62

       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 ``Indian Reservation Bank 
     Branch Act of 2009''.

     SEC. 2. REGULATIONS GOVERNING INSURED DEPOSITORY 
                   INSTITUTIONS.

       Section 18(d) of the Federal Deposit Insurance Act (12 
     U.S.C. 1828(d)) is amended by adding at the end the 
     following:
       ``(5) Election by indian tribes to permit branching of 
     banks on indian reservations.--
       ``(A) Definitions.--In this paragraph, the following 
     definitions shall apply:
       ``(i) De novo branch.--The term `de novo branch' means a 
     branch of a State bank that--

       ``(I) is originally established by the State bank as a 
     branch; and
       ``(II) does not become a branch of the State bank as a 
     result of--

       ``(aa) the acquisition by the State bank of an insured 
     depository institution (or a branch of an insured depository 
     institution); or
       ``(bb) the conversion, merger, or consolidation of any such 
     institution or branch.
       ``(ii) Home state.--

       ``(I) In general.--The term `home State' means the State in 
     which the main office of a State bank is located.
       ``(II) Branches on indian reservations.--The term `home 
     State' with respect to a State bank, the main office of which 
     is located within the boundaries of an Indian reservation (in 
     a case in which State law permits the chartering of such a 
     main office on an Indian reservation), means--

       ``(aa) the State in which the Indian reservation is 
     located; or
       ``(bb) for an Indian reservation that is located in more 
     than 1 State, the State in which the portion of the Indian 
     reservation containing the main office of the State bank is 
     located.
       ``(iii) Host reservation.--The term `host reservation', 
     with respect to a bank, means an Indian reservation located 
     in a State other than the home State of the bank in which the 
     bank maintains, or seeks to establish and maintain, a branch.
       ``(iv) Indian reservation.--

       ``(I) In general.--The term `Indian reservation' means land 
     subject to the jurisdiction of an Indian tribe.
       ``(II) Inclusions.--The term `Indian reservation' 
     includes--

       ``(aa) any public domain Indian allotment;
       ``(bb) any land area located within the outer geographic 
     boundaries recognized as an Indian reservation by a Federal 
     treaty, Federal regulation, decision or order of the Bureau 
     of Indian Affairs or any successor agency thereto, or statute 
     in force with respect to a federally recognized tribal 
     nation;
       ``(cc) any former Indian reservation in the State of 
     Oklahoma; and

[[Page S177]]

       ``(dd) any land held by a Native village, Native group, 
     Regional Corporation, or Village Corporation under the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
       ``(v) Indian tribe.--The term `Indian tribe' has the same 
     meaning as in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b).
       ``(vi) Tribal government.--

       ``(I) In general.--The term `tribal government' means the 
     business council, tribal council, or similar legislative or 
     governing body of an Indian tribe--

       ``(aa) the members of which are representatives elected by 
     the members of the Indian tribe; and
       ``(bb) that is empowered to enact laws applicable within 
     the Indian reservation of the Indian tribe.

       ``(II) Multitribal reservations.--The term `tribal 
     government', with respect to an Indian reservation within the 
     boundaries of which are located more than 1 Indian tribe, 
     each of which has a separate council, means a joint business 
     council or similar intertribal governing council that 
     includes representatives of each applicable Indian tribe.
       ``(III) Inclusion.--The term `tribal government' includes a 
     governing body of any Regional Corporation or Village 
     Corporation (as defined in section 3 of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1602)).

       ``(B) Approval by corporation.--Subject to subparagraph 
     (C), in addition to any other authority under this section to 
     approve an application to establish a branch within the 
     boundaries of an Indian reservation, the Corporation may 
     approve an application of a State bank to establish and 
     operate a de novo branch within the boundaries of 1 or more 
     Indian reservations (regardless of whether the Indian 
     reservations are located within the home State of the State 
     bank), if there is in effect within the host reservation a 
     law enacted by the tribal government of the host reservation 
     that--
       ``(i) applies with equal effect to all banks located within 
     the host reservation; and
       ``(ii) specifically permits any in-State or out-of-State 
     bank to establish within the host reservation a de novo 
     branch.
       ``(C) Conditions.--
       ``(i) Establishment.--An application by a State bank to 
     establish and operate a de novo branch within a host 
     reservation shall not be subject to the requirements and 
     conditions applicable to an application for an interstate 
     merger transaction under paragraphs (1), (3), and (4) of 
     section 44(b).
       ``(ii) Operation.--Subsections (c) and (d)(2) of section 44 
     shall not apply with respect to a branch of a State bank that 
     is established and operated pursuant to an application 
     approved under this paragraph.
       ``(iii) Prohibition.--

       ``(I) In general.--Except as provided in subclause (II), no 
     State nonmember bank that establishes or operates a branch on 
     1 or more Indian reservations solely pursuant to paragraph 
     (5) may establish any additional branch outside of such 
     Indian reservation in any State in which the Indian 
     reservation is located.
       ``(II) Exception.--Subclause (I) shall not apply if a State 
     nonmember bank described in that subclause would be permitted 
     to establish and operate an additional branch under any other 
     provision of this section, without regard to the 
     establishment or operation by the State nonmember bank of a 
     branch on the subject Indian reservation.''.

     SEC. 3. BRANCH BANKS.

       Section 5155 of the Revised Statutes of the United States 
     (12 U.S.C. 36) is amended by inserting after subsection (g) 
     the following:
       ``(h) Election by Indian Tribes To Permit Branching of 
     National Banks on Indian Reservations.--
       ``(1) Definitions.--In this subsection, the following 
     definitions shall apply:
       ``(A) De novo branch.--The term `de novo branch' means a 
     branch of a national bank that--
       ``(i) is originally established by the national bank as a 
     branch; and
       ``(ii) does not become a branch of the national bank as a 
     result of--

       ``(I) the acquisition by the national bank of an insured 
     depository institution (or a branch of an insured depository 
     institution); or
       ``(II) the conversion, merger, or consolidation of any such 
     institution or branch.

       ``(B) Home state.--
       ``(i) In general.--The term `home State' means the State in 
     which the main office of a national bank is located.
       ``(ii) Branches on indian reservations.--The term `home 
     State', with respect to a national bank, the main office of 
     which is located within the boundaries of an Indian 
     reservation, means--

       ``(I) the State in which the Indian reservation is located; 
     or
       ``(II) for an Indian reservation that is located in more 
     than 1 State, the State in which the portion of the Indian 
     reservation containing the main office of the national bank 
     is located.

       ``(C) Host reservation.--The term `host reservation', with 
     respect to a national bank, means an Indian reservation 
     located in a State other than the home State of the bank in 
     which the bank maintains, or seeks to establish and maintain, 
     a branch.
       ``(D) Indian reservation.--
       ``(i) In general.--The term `Indian reservation' means land 
     subject to the jurisdiction of an Indian tribe.
       ``(ii) Inclusions.--The term `Indian reservation' 
     includes--

       ``(I) any public domain Indian allotment;
       ``(II) any land area located within the outer geographic 
     boundaries recognized as an Indian reservation by a Federal 
     treaty, Federal regulation, decision or order of the Bureau 
     of Indian Affairs or any successor agency thereto, or statute 
     in force with respect to a federally recognized tribal 
     nation;
       ``(III) any former Indian reservation in the State of 
     Oklahoma; and
       ``(IV) any land held by a Native village, Native group, 
     Regional Corporation, or Village Corporation under the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

       ``(E) Indian tribe.--The term `Indian tribe' has the same 
     meaning as in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b).
       ``(F) Tribal government.--
       ``(i) In general.--The term `tribal government' means the 
     business council, tribal council, or similar legislative or 
     governing body of an Indian tribe--

       ``(I) the members of which are representatives elected by 
     the members of the Indian tribe; and
       ``(II) that is empowered to enact laws applicable within 
     the Indian reservation of the Indian tribe.

       ``(ii) Multitribal reservations.--The term `tribal 
     government', with respect to an Indian reservation within the 
     boundaries of which are located more than 1 Indian tribe, 
     each of which has a separate council, means a joint business 
     council or similar intertribal governing council that 
     includes representatives of each applicable Indian tribe.
       ``(iii) Inclusion.--The term `tribal government' includes a 
     governing body of any Regional Corporation or Village 
     Corporation (as defined in section 3 of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1602)).
       ``(2) Approval by comptroller.--Subject to paragraph (3), 
     in addition to any other authority under this section to 
     approve an application to establish a national bank branch 
     within the boundaries of an Indian reservation, the 
     Comptroller may approve an application of a national bank to 
     establish and operate a de novo branch within the boundaries 
     of an Indian reservation (regardless of whether the Indian 
     reservation is located within the home State of the national 
     bank), if there is in effect within the host reservation a 
     law enacted by the tribal government of the host reservation 
     that--
       ``(A) applies with equal effect to all banks located within 
     the host reservation; and
       ``(B) specifically permits any in-State or out-of-State 
     bank to establish within the host reservation a de novo 
     branch.
       ``(3) Conditions.--
       ``(A) Establishment.--An application by a national bank to 
     establish and operate a de novo branch within a host 
     reservation shall not be subject to the requirements and 
     conditions applicable to an application for an interstate 
     merger transaction under paragraphs (1), (3), and (4) of 
     section 44(b) of the Federal Deposit Insurance Act (12 U.S.C. 
     1831u(b)).
       ``(B) Operation.--Subsections (c) and (d)(2) of section 44 
     of that Act (12 U.S.C. 1831u) shall not apply with respect to 
     a branch of a national bank that is established and operated 
     pursuant to an application approved under this subsection.
       ``(C) Prohibition.--
       ``(i) In general.--Except as provided in clause (ii), no 
     national bank that establishes or operates a branch on 1 or 
     more Indian reservations solely pursuant to subsection (h) 
     may establish any additional branch outside of such Indian 
     reservation in the State in which the Indian reservation is 
     located.
       ``(ii) Exception.--Clause (i) shall not apply if a national 
     bank described in that clause would be permitted to establish 
     and operate an additional branch under any other provision of 
     this section or other applicable law, without regard to the 
     establishment or operation by the national bank of a branch 
     on the subject Indian reservation.''.
                                 ______
                                 
      By Mr. INOUYE.
  S. 63. A bill to require the Secretary of the Army to determine the 
validity of the claims of certain Filipinos that they performed 
military service on behalf of the United States during World War II; to 
the Committee on Veterans' Affairs.
  Mr. INOUYE. Mr. President, I am reintroducing legislation today that 
would direct the Secretary of the Army to determine whether certain 
nationals of the Philippine Islands performed military service on 
behalf of the United States during World War II.
  Our Filipino veterans fought side by side with Americans and 
sacrificed their lives on behalf of the United States. This legislation 
would confirm the validity of their claims and further allow qualified 
individuals the opportunity to apply for military and veterans benefits 
that, I believe, they are entitled to. As this population becomes 
older, it is important for our Nation to extend its firm commitment to 
the Filipino veterans and their families who participated in making us 
the great Nation that we are today.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

[[Page S178]]

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

                                 S. 63

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

     SECTION 1. DETERMINATIONS BY THE SECRETARY OF THE ARMY.

       (a) In General.--Upon the written application of any person 
     who is a national of the Philippine Islands, the Secretary of 
     the Army shall determine whether such person performed any 
     military service in the Philippine Islands in aid of the 
     Armed Forces of the United States during World War II which 
     qualifies such person to receive any military, veterans', or 
     other benefits under the laws of the United States.
       (b) Information to Be Considered.--In making a 
     determination for the purpose of subsection (a), the 
     Secretary shall consider all information and evidence 
     (relating to service referred to in subsection (a)) that is 
     available to the Secretary, including information and 
     evidence submitted by the applicant, if any.

     SEC. 2. CERTIFICATE OF SERVICE.

       (a) Issuance of Certificate of Service.--The Secretary of 
     the Army shall issue a certificate of service to each person 
     determined by the Secretary to have performed military 
     service described in section 1(a).
       (b) Effect of Certificate of Service.--A certificate of 
     service issued to any person under subsection (a) shall, for 
     the purpose of any law of the United States, conclusively 
     establish the period, nature, and character of the military 
     service described in the certificate.

     SEC. 3. APPLICATIONS BY SURVIVORS.

       An application submitted by a surviving spouse, child, or 
     parent of a deceased person described in section 1(a) shall 
     be treated as an application submitted by such person.

     SEC. 4. LIMITATION PERIOD.

       The Secretary of the Army may not consider for the purpose 
     of this Act any application received by the Secretary more 
     than two years after the date of the enactment of this Act.

     SEC. 5. PROSPECTIVE APPLICATION OF DETERMINATIONS BY THE 
                   SECRETARY OF THE ARMY.

       No benefits shall accrue to any person for any period 
     before the date of the enactment of this Act as a result of 
     the enactment of this Act.

     SEC. 6. REGULATIONS.

       The Secretary of the Army shall prescribe regulations to 
     carry out sections 1, 3, and 4.

     SEC. 7. RESPONSIBILITIES OF THE SECRETARY OF VETERANS 
                   AFFAIRS.

       Any entitlement of a person to receive veterans' benefits 
     by reason of this Act shall be administered by the Department 
     of Veterans Affairs pursuant to regulations prescribed by the 
     Secretary of Veterans Affairs.

     SEC. 8. DEFINITION.

       In this Act, the term ``World War II'' means the period 
     beginning on December 7, 1941, and ending on December 31, 
     1946.
                                 ______
                                 
      By Mr. INOUYE.
  S. 64. A bill to establish a fact-finding Commission to extend the 
study of a prior Commission to investigate and determine facts and 
circumstances surrounding the relocation, internment, and deportation 
to Axis countries of Latin Americans of Japanese descent from December 
1941 thorugh February 1948, and the impact of those actions by the 
United States, and to recommend appropriate remedies, and for other 
purposes; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. INOUYE. Mr. President, I rise today in support of the Commission 
on Wartime Relocation and Internment of Latin Americans of Japanese 
Descent Act.
  The story of U.S. citizens taken from their homes on the west coast 
and confined in camps is a story that was made known after a fact-
finding study by a Commission that Congress authorized in 1980. That 
study was followed by a formal apology by President Reagan and a bill 
for reparations. Far less known, and indeed, I myself did not initially 
know, is the story of Latin Americans of Japanese descent taken from 
their homes in Latin America, stripped of their passports, brought to 
the U.S., and interned in American camps.
  This is a story about the U.S. government's act of reaching its arm 
across international borders, into a community that did not pose an 
immediate threat to our Nation, in order to use them, devoid of 
passports or any other proof of citizenship, for exchange with 
Americans with Japan. Between the years 1941 and 1945, our Government, 
with the help of Latin American officials, arbitrarily arrested persons 
of Japanese descent from streets, homes, and workplaces. Approximately 
2,300 undocumented persons were brought to camp sites in the U.S., 
where they were held under armed watch, and then held in reserve for 
prisoner exchange. Those used in an exchange were sent to Japan, a 
foreign country that many had never set foot on since their ancestors' 
immigration to Latin America.
  Despite their involuntary arrival, Latin American internees of 
Japanese descent were considered by the Immigration and Naturalization 
Service as illegal entrants. By the end of the war, some Japanese Latin 
Americans had been sent to Japan. Those who were not used in a prisoner 
exchange were cast out into a new and English-speaking country, and 
subject to deportation proceedings. Some returned to Latin America. 
Others remained in the U.S., because their country of origin in Latin 
America refused their re-entry, because they were unable to present a 
passport.
  When I first learned of the wartime experiences of Japanese Latin 
Americans, it seemed unbelievable, but indeed, it happened. It is a 
part of our national history, and it is a part of the living histories 
of the many families whose lives are forever tied to internment camps 
in our country.
  The outline of this story was sketched out in a book published by the 
Commission on Wartime Relocation and Internment of Civilians formed in 
1980. This Commission had set out to learn about Japanese Americans. 
Towards the close of their investigations, the Commissioners stumbled 
upon this extraordinary effort by the U.S. Government to relocate, 
intern, and deport Japanese persons formerly living in Latin America. 
Because this finding surfaced late in its study, the Commission was 
unable to fully uncover the facts, but found them significant enough to 
include in its published study, urging a deeper investigation.
  I rise today to introduce the Commission on Wartime Relocation and 
Internment of Latin Americans of Japanese Descent Act, which would 
establish a fact-finding Commission to extend the study of the 1980 
Commission. This Commission's task would be to determine facts 
surrounding the U.S. government's actions in regards to Japanese Latin 
Americans subject to a program of relocation, internment, and 
deportation. I believe that examining this extraordinary program would 
give finality to, and complete the account of Federal actions to detain 
and intern civilians of Japanese ancestry.
  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. 64

       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 ``Commission on Wartime 
     Relocation and Internment of Latin Americans of Japanese 
     Descent Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Based on a preliminary study published in 
     December 1982 by the Commission on Wartime Relocation and 
     Internment of Civilians, Congress finds the following:
       (1) During World War II, the United States--
       (A) expanded its internment program and national security 
     investigations to conduct the program and investigations in 
     Latin America; and
       (B) financed relocation to the United States, and 
     internment, of approximately 2,300 Latin Americans of 
     Japanese descent, for the purpose of exchanging the Latin 
     Americans of Japanese descent for United States citizens held 
     by Axis countries.
       (2) Approximately 2,300 men, women, and children of 
     Japanese descent from 13 Latin American countries were held 
     in the custody of the Department of State in internment camps 
     operated by the Immigration and Naturalization Service from 
     1941 through 1948.
       (3) Those men, women, and children either--
       (A) were arrested without a warrant, hearing, or indictment 
     by local police, and sent to the United States for 
     internment; or
       (B) in some cases involving women and children, voluntarily 
     entered internment camps to remain with their arrested 
     husbands, fathers, and other male relatives.
       (4) Passports held by individuals who were Latin Americans 
     of Japanese descent were routinely confiscated before the 
     individuals arrived in the United States, and the Department 
     of State ordered United States consuls in Latin American 
     countries to refuse to issue visas to the individuals prior 
     to departure.
       (5) Despite their involuntary arrival, Latin American 
     internees of Japanese descent were

[[Page S179]]

     considered to be and treated as illegal entrants by the 
     Immigration and Naturalization Service. Thus, the internees 
     became illegal aliens in United States custody who were 
     subject to deportation proceedings for immediate removal from 
     the United States. In some cases, Latin American internees of 
     Japanese descent were deported to Axis countries to enable 
     the United States to conduct prisoner exchanges.
       (6) Approximately 2,300 men, women, and children of 
     Japanese descent were relocated from their homes in Latin 
     America, detained in internment camps in the United States, 
     and in some cases, deported to Axis countries to enable the 
     United States to conduct prisoner exchanges.
       (7) The Commission on Wartime Relocation and Internment of 
     Civilians studied Federal actions conducted pursuant to 
     Executive Order 9066 (relating to authorizing the Secretary 
     of War to prescribe military areas). Although the United 
     States program of interning Latin Americans of Japanese 
     descent was not conducted pursuant to Executive Order 9066, 
     an examination of that extraordinary program is necessary to 
     establish a complete account of Federal actions to detain and 
     intern civilians of enemy or foreign nationality, 
     particularly of Japanese descent. Although historical 
     documents relating to the program exist in distant archives, 
     the Commission on Wartime Relocation and Internment of 
     Civilians did not research those documents.
       (8) Latin American internees of Japanese descent were a 
     group not covered by the Civil Liberties Act of 1988 (50 
     U.S.C. App. 1989b et seq.), which formally apologized and 
     provided compensation payments to former Japanese Americans 
     interned pursuant to Executive Order 9066.
       (b) Purpose.--The purpose of this Act is to establish a 
     fact-finding Commission to extend the study of the Commission 
     on Wartime Relocation and Internment of Civilians to 
     investigate and determine facts and circumstances surrounding 
     the relocation, internment, and deportation to Axis countries 
     of Latin Americans of Japanese descent from December 1941 
     through February 1948, and the impact of those actions by the 
     United States, and to recommend appropriate remedies, if any, 
     based on preliminary findings by the original Commission and 
     new discoveries.

     SEC. 3. ESTABLISHMENT OF THE COMMISSION.

       (a) In General.--There is established the Commission on 
     Wartime Relocation and Internment of Latin Americans of 
     Japanese descent (referred to in this Act as the 
     ``Commission'').
       (b) Composition.--The Commission shall be composed of 9 
     members, who shall be appointed not later than 60 days after 
     the date of enactment of this Act, of whom--
       (1) 3 members shall be appointed by the President;
       (2) 3 members shall be appointed by the Speaker of the 
     House of Representatives, on the joint recommendation of the 
     majority leader of the House of Representatives and the 
     minority leader of the House of Representatives; and
       (3) 3 members shall be appointed by the President pro 
     tempore of the Senate, on the joint recommendation of the 
     majority leader of the Senate and the minority leader of the 
     Senate.
       (c) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Commission. A vacancy in the 
     Commission shall not affect its powers, but shall be filled 
     in the same manner as the original appointment was made.
       (d) Meetings.--
       (1) First meeting.--The President shall call the first 
     meeting of the Commission not later than the later of--
       (A) 60 days after the date of enactment of this Act; or
       (B) 30 days after the date of enactment of legislation 
     making appropriations to carry out this Act.
       (2) Subsequent meetings.--Except as provided in paragraph 
     (1), the Commission shall meet at the call of the 
     Chairperson.
       (e) Quorum.--Five members of the Commission shall 
     constitute a quorum, but a lesser number of members may hold 
     hearings.
       (f) Chairperson and Vice Chairperson.--The Commission shall 
     elect a Chairperson and Vice Chairperson from among its 
     members. The Chairperson and Vice Chairperson shall serve for 
     the life of the Commission.

     SEC. 4. DUTIES OF THE COMMISSION.

       (a) In General.--The Commission shall--
       (1) extend the study of the Commission on Wartime 
     Relocation and Internment of Civilians, established by the 
     Commission on Wartime Relocation and Internment of Civilians 
     Act--
       (A) to investigate and determine facts and circumstances 
     surrounding the United States' relocation, internment, and 
     deportation to Axis countries of Latin Americans of Japanese 
     descent from December 1941 through February 1948, and the 
     impact of those actions by the United States; and
       (B) in investigating those facts and circumstances, to 
     review directives of the United States Armed Forces and the 
     Department of State requiring the relocation, detention in 
     internment camps, and deportation to Axis countries of Latin 
     Americans of Japanese descent; and
       (2) recommend appropriate remedies, if any, based on 
     preliminary findings by the original Commission and new 
     discoveries.
       (b) Report.--Not later than 1 year after the date of the 
     first meeting of the Commission pursuant to section 3(d)(1), 
     the Commission shall submit a written report to Congress, 
     which shall contain findings resulting from the investigation 
     conducted under subsection (a)(1) and recommendations 
     described in subsection (a)(2).

     SEC. 5. POWERS OF THE COMMISSION.

       (a) Hearings.--The Commission or, at its direction, any 
     subcommittee or member of the Commission, may, for the 
     purpose of carrying out this Act--
       (1) hold such public hearings in such cities and countries, 
     sit and act at such times and places, take such testimony, 
     receive such evidence, and administer such oaths as the 
     Commission or such subcommittee or member considers 
     advisable; and
       (2) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, documents, tapes, 
     and materials as the Commission or such subcommittee or 
     member considers advisable.
       (b) Issuance and Enforcement of Subpoenas.--
       (1) Issuance.--Subpoenas issued under subsection (a) shall 
     bear the signature of the Chairperson of the Commission and 
     shall be served by any person or class of persons designated 
     by the Chairperson for that purpose.
       (2) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under subsection (a), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found may 
     issue an order requiring such person to appear at any 
     designated place to testify or to produce documentary or 
     other evidence. Any failure to obey the order of the court 
     may be punished by the court as a contempt of that court.
       (c) Witness Allowances and Fees.--Section 1821 of title 28, 
     United States Code, shall apply to witnesses requested or 
     subpoenaed to appear at any hearing of the Commission. The 
     per diem and mileage allowances for witnesses shall be paid 
     from funds available to pay the expenses of the Commission.
       (d) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to perform 
     its duties. Upon request of the Chairperson of the 
     Commission, the head of such department or agency shall 
     furnish such information to the Commission.
       (e) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.

     SEC. 6. PERSONNEL AND ADMINISTRATIVE PROVISIONS.

       (a) Compensation of Members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission. All members of the Commission who are 
     officers or employees of the United States shall serve 
     without compensation in addition to that received for their 
     services as officers or employees of the United States.
       (b) Travel Expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (c) Staff.--
       (1) In general.--The Chairperson of the Commission may, 
     without regard to the civil service laws and regulations, 
     appoint and terminate the employment of such personnel as may 
     be necessary to enable the Commission to perform its duties.
       (2) Compensation.--The Chairperson of the Commission may 
     fix the compensation of the personnel without regard to 
     chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates, except that the rate of pay 
     for the personnel may not exceed the rate payable for level V 
     of the Executive Schedule under section 5316 of such title.
       (d) Detail of Government Employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (e) Procurement of Temporary and Intermittent Services.--
     The Chairperson of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals that do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       (f) Other Administrative Matters.--The Commission may--
       (1) enter into agreements with the Administrator of General 
     Services to procure necessary financial and administrative 
     services;
       (2) enter into contracts to procure supplies, services, and 
     property; and
       (3) enter into contracts with Federal, State, or local 
     agencies, or private institutions or organizations, for the 
     conduct of research or surveys, the preparation of reports,

[[Page S180]]

     and other activities necessary to enable the Commission to 
     perform its duties.

     SEC. 7. TERMINATION.

       The Commission shall terminate 90 days after the date on 
     which the Commission submits its report to Congress under 
     section 4(b).

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     such sums as may be necessary to carry out this Act.
       (b) Availability.--Any sums appropriated under the 
     authorization contained in this section shall remain 
     available, without fiscal year limitation, until expended.
                                 ______
                                 
      By Mr. INOUYE.
  S. 65. A bill to reauthorize the programs of the Department of 
Housing and Urban Development for housing assistances for Native 
Hawaiians; to the Committee on Indian Affairs.
  Mr. INOUYE. Mr. President, I rise to introduce a bill to reauthorize 
Title VIII of the Native American Housing Assistance and Self-
Determination Act. Title VIII provides authority for the appropriation 
of funds for the construction of low-income housing for Native 
Hawaiians and further provides authority for access to loan guarantees 
associated with the construction of housing to serve Native Hawaiians.
  Three studies have documented the acute housing needs of Native 
Hawaiians--which include the highest rates of overcrowding and 
homelessness in the State of Hawaii. Those same studies indicate that 
inadequate housing rates for Native Hawaiians are amongst the highest 
in the Nation.
  The reauthorization of Title VIII will support the continuation of 
efforts to assure that the native people of Hawaii may one day have 
access to housing opportunities that are comparable to those now 
enjoyed by other Americans.
  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. 65

       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 ``Hawaiian Homeownership 
     Opportunity Act of 2011''.

     SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR HOUSING 
                   ASSISTANCE.

       Section 824 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by 
     striking ``fiscal years'' and all that follows and inserting 
     the following: ``fiscal years 2011, 2012, 2013, 2014, and 
     2015.''.

     SEC. 3. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.

       Section 184A of the Housing and Community Development Act 
     of 1992 (12 U.S.C. 1715z-13b) is amended--
       (1) in subsection (b), by striking ``or as a result of a 
     lack of access to private financial markets'';
       (2) in subsection (c), by striking paragraph (2) and 
     inserting the following:
       ``(2) Eligible housing.--The loan will be used to 
     construct, acquire, refinance, or rehabilitate 1- to 4-family 
     dwellings that are--
       ``(A) standard housing; and
       ``(B) located on Hawaiian Home Lands.''; and
       (3) in subsection (j)(7), by striking ``fiscal years'' and 
     all that follows through the end of the paragraph and 
     inserting the following: ``fiscal years 2011, 2012, 2013, 
     2014, and 2015.''.

     SEC. 4. ELIGIBILITY OF DEPARTMENT OF HAWAIIAN HOME LANDS FOR 
                   TITLE VI LOAN GUARANTEES.

       Title VI of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4191 et seq.) is 
     amended--
       (1) in the title heading, by inserting ``AND NATIVE 
     HAWAIIAN'' after ``TRIBAL'';
       (2) in section 601 (25 U.S.C. 4191)--
       (A) in subsection (a)--
       (i) by striking ``or tribally designated housing entities 
     with tribal approval'' and inserting ``, by tribally 
     designated housing entities with tribal approval, or by the 
     Department of Hawaiian Home Lands,''; and
       (ii) by inserting ``or 810, as applicable,'' after 
     ``section 202'' ; and
       (B) in subsection (c), by inserting ``or title VIII, as 
     applicable'' before the period at the end;
       (3) in section 602 (25 U.S.C. 4192)--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1), by striking ``or 
     housing entity'' and inserting ``, housing entity, or 
     Department of Hawaiian Home Lands''; and
       (ii) in paragraph (3)--

       (I) by inserting ``or Department'' after ``tribe'';
       (II) by inserting ``or title VIII, as applicable,'' after 
     ``title I''; and
       (III) by inserting ``or 811(b), as applicable'' before the 
     semicolon at the end; and

       (B) in subsection (b)(2), by striking ``or housing entity'' 
     and inserting ``, housing entity, or the Department of 
     Hawaiian Home Lands'';
       (4) in the first sentence of section 603 (25 U.S.C. 4193), 
     by striking ``or housing entity'' and inserting ``, housing 
     entity, or the Department of Hawaiian Home Lands''; and
       (5) in section 605(b) (25 U.S.C. 4195(b)), by striking 
     ``2009 through 2013'' and inserting ``2011 through 2015''.
                                 ______
                                 
      By Mr. INOUYE:
  S. 67. A bill to amend title 10, United States Code, to permit former 
members of the Armed Forces who have a service-connected disability 
rated as total to travel on military aircraft in the same manner and to 
the same extent as retired members of the Armed Forces are entitled to 
travel on such aircraft; to the Committee on Armed Services.
  Mr. INOUYE. Mr. President, today I am reintroducing a bill which is 
of great importance to a group of patriotic Americans. This legislation 
is designed to end space-available travel privileges on military 
aircraft to those who have been totally disabled in the service of our 
country.
  Currently, retired members of the Armed Services are permitted to 
travel on a space-available basis on non-scheduled military flights 
within the continental United States, and on scheduled overseas flights 
operated by the Military Airlift Command. My bill would provide the 
same benefits for veterans with 100 percent service-connected 
disabilities.
  We owe these heroic men and women who have given so much to our 
country a debt of gratitude. Of course, we can never repay them for the 
sacrifices they have made on behalf of our Nation, but we can surely 
try to make their lives more pleasant and fulfilling. One way in which 
we can help is to extend military travel privileges to these 
distinguished American veterans. I have received numerous letters from 
all over the country attesting to the importance attached to this issue 
by veterans. Therefore, I ask that my colleagues show their concern and 
join me in saying ``thank you'' by supporting this legislation.
  Mr. President, I ask unanimous consent that the text of my 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. 67

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

     SECTION 1. TRAVEL ON MILITARY AIRCRAFT OF CERTAIN DISABLED 
                   FORMER MEMBERS OF THE ARMED FORCES.

       (a) In General.--Chapter 53 of title 10, United States 
     Code, is amended by inserting after section 1060b the 
     following new section:

     ``Sec. 1060c. Travel on military aircraft: certain disabled 
       former members of the armed forces

       ``The Secretary of Defense shall permit any former member 
     of the armed forces who is entitled to compensation under the 
     laws administered by the Secretary of Veterans Affairs for a 
     service-connected disability rated as total to travel, in the 
     same manner and to the same extent as retired members of the 
     armed forces, on unscheduled military flights within the 
     continental United States and on scheduled overseas flights 
     operated by the Air Mobility Command. The Secretary of 
     Defense shall permit such travel on a space-available 
     basis.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 53 of such title is amended by inserting 
     after the item relating to section 1060b the following new 
     item:

``1060c. Travel on military aircraft: certain disabled former members 
              of the armed forces.''.
                                 ______
                                 
      By Mr. INOUYE:
  S. 68. A bill to amend title 10, United States Code, to authorize 
certain disabled former prisoners of war to use Department of Defense 
commissary and exchange stores; to the Committee on Armed Services.
  Mr. INOUYE. Mr. President, today I am reintroducing legislation to 
enable those former prisoners of war who have been separated honorably 
from their respective services and who have been rated as having a 30 
percent service-connected disability to have the use of both the 
military commissary and post exchange privileges. While I realize it is 
impossible to adequately compensate one who has endured long periods of 
incarceration at the hands of our Nation's enemies, I do feel this 
gesture is both meaningful and important to those concerned because it 
serves as a reminder that our nation has not forgotten their 
sacrifices.
  Mr. President, I ask unanimous consent that the text of my 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 S181]]

                                 S. 68

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

     SECTION 1. USE OF COMMISSARY AND EXCHANGE STORES BY CERTAIN 
                   DISABLED FORMER PRISONERS OF WAR.

       (a) In General.--Chapter 54 of title 10, United States 
     Code, is amended by inserting after section 1064 the 
     following new section:

     ``Sec. 1064a. Use of commissary and exchange stores: certain 
       disabled former prisoners of war

       ``(a) In General.--Under regulations prescribed by the 
     Secretary of Defense, former prisoners of war described in 
     subsection (b) may use commissary and exchange stores.
       ``(b) Covered Individuals.--Subsection (a) applies to any 
     former prisoner of war who--
       ``(1) separated from active duty in the armed forces under 
     honorable conditions; and
       ``(2) has a service-connected disability rated by the 
     Secretary of Veterans Affairs at 30 percent or more.
       ``(c) Definitions.--In this section:
       ``(1) The term `former prisoner of war' has the meaning 
     given that term in section 101(32) of title 38.
       ``(2) The term `service-connected' has the meaning given 
     that term in section 101(16) of title 38.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 54 of such title is amended by inserting 
     after the item relating to section 1064 the following new 
     item:

``1064a. Use of commissary and exchange stores: certain disabled former 
              prisoners of war.''.
                                 ______
                                 
      By Mr. TESTER:
  S. 69. A bill to amend the Consumer Product Safety Improvement Act of 
2008 to exclude secondary sales, repair services, and certain vehicles 
from the ban on lead in children's products, and for other purposes; to 
the Committee on Commerce, Science, and Transportation.
  Mr. TESTER. Mr. President, I rise today to introduce the Common Sense 
in Consumer Product Safety Act of 2011 on behalf of the folks across 
America who are outdoor enthusiasts and budding sportsman and women. 
This bill will bring a common sense approach to restrictions we place 
upon access to children's products.
  In 2008, in response to the high lead paint content found in a number 
of toys and products intended for children, the Congress passed 
legislation to limit children's access to these dangerous products. 
Many of these products were imports from China and other places where 
consumer protection is weak or non-existent. I supported this 
legislation, as did 78 of my colleagues.
  Any product sold that is intended to be used by children up to the 
age of 12 must be tested and certified to not contain more than the 
allowable level of lead. However, it became clear that the Consumer 
Product Safety Improvement Act has had some unintended consequences.
  While the goal is admirable, it is important to inject a little 
common sense into the process. I want our kids and grandkids to be safe 
and protected from harmful toys, but we all know that most kids who are 
past the teething stage do not chew on their toys. It is important to 
strike a balance--to enact responsible safety requirements while at the 
same time recognizing that overzealous restrictions can interfere with 
a way of life enjoyed by not just Montanans, but outdoor enthusiasts 
across America.
  As Chairman of the Congressional Sportsmen's Caucus, I am proud to 
stand up for Montana's outdoor heritage at every chance. The consumer 
protection law goes too far and limits younger Montanans' opportunities 
to participate in those traditions.
  My bill will protect small businesses and allow families safer access 
to the outdoors.
  The consumer protection law covers all products intended for the use 
of children through the age of 12. This includes ATVs, dirt bikes and 
other vehicles built specifically for the use of older kids and adults. 
However, because of the way the vehicles are built, parts that may 
include lead are not exclusively internal components and therefore 
don't pass the inaccessibility standard required by law. As a result of 
this requirement, a number of ATV sales and retail establishments have 
halted the sale of all ATVs for kids. In an abundance of caution, they 
have also refused to repair any equipment intended for kids use.
  I have heard from many Montanans--consumers and retail sales people 
alike--expressing their concern about the impact of the legislation 
upon outdoor motor sports. A few years ago I worked with the Consumer 
Product Safety Commission to successfully provide a two year waiver for 
child-sized motorized vehicles. However, that stay of enforcement 
expires this May. Therefore today, I am reintroducing this bill to 
provide a permanent exception for vehicles intended to be used by 
children between the ages of 6 and 12.
  In addition to manufacturers and merchants, thrift stores, and other 
retail establishments are also implicated because of the wide-reaching 
scope of the legislation. It is possible that even holding a yard sale 
can lead folks astray from the new law. Therefore, my bill also removes 
liability for lead paint content in any product that is repaired or is 
resold by thrift stores, flea markets or at yard sales. The liability 
in place at the time of primary sale of these products is sufficient 
and it could cripple the profitability of the secondary merchants if 
they were to be liable for testing the products they resell or repair.
  In this tough economy, second-hand resellers simply can't afford the 
third-party testing requirement put in place by the bill. At the same 
time, more and more of Montana's families are finding their budgets 
tighten and are relying upon thrift and resale stores for toys, 
children's clothing and other household goods. I want to make sure that 
laws intended to keep our kids safe end up doing more harm than good.
  This a very important bill, bringing a dose of common sense to the 
very important goal of protecting our kids from lead paint and other 
substances that will harm their health. I urge my colleagues to join me 
in this effort.
                                 ______
                                 
      By Mr. INOUYE:
  S. 70. A bill to restore the traditional day of observance of 
Memorial Day, and for other purposes; to the Committee on the 
Judiciary.
  Mr. INOUYE. Mr. President, in our effort to accommodate many 
Americans by making Memorial Day the last Monday in May, we have lost 
sight of the significance of this day to our nation. My bill would 
restore Memorial Day to May 30 and authorize our flag to fly at half 
mast on that day. In addition, this legislation would authorize the 
President to issue a proclamation designating Memorial Day and Veterans 
Day as days for prayer and ceremonies. This legislation would help 
restore the recognition our veterans deserve for the sacrifices they 
have made on behalf of our Nation.
  Mr. President, I ask unanimous consent that the text of my 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. 70

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

     SECTION 1. RESTORATION OF TRADITIONAL DAY OF OBSERVANCE OF 
                   MEMORIAL DAY.

       (a) Designation of Legal Public Holiday.--Section 6103(a) 
     of title 5, United States Code, is amended by striking 
     ``Memorial Day, the last Monday in May.'' and inserting the 
     following:
       ``Memorial Day, May 30.''.
       (b) Observances and Ceremonies.--Section 116 of title 36, 
     United States Code, is amended--
       (1) in subsection (a), by striking ``The last Monday in 
     May'' and inserting ``May 30''; and
       (2) in subsection (b)--
       (A) by striking ``and'' at the end of paragraph (3);
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) calling on the people of the United States to observe 
     Memorial Day as a day of ceremonies to show respect for 
     United States veterans of wars and other military conflicts; 
     and''.
       (c) Display of Flag.--
       (1) Time and occasions for flag display.--Section 6(d) of 
     title 4, United States Code, is amended by striking ``the 
     last Monday in May;'' and inserting ``May 30;''.
       (2) National league of families pow/mia flag.--Section 
     902(c)(1)(B) of title 36, United States Code, is amended by 
     striking ``the last Monday in May'' and inserting ``May 30''.
                                 ______
                                 
      By Ms. CANTWELL (for herself and Mr. Franken):
  S. 74. A bill to preserve the free and open nature of the Internet, 
expand the benefits of broadband, and promote

[[Page S182]]

universally available and affordable broadband service; to the 
Committee on Commerce, Science, and Transportation.
  Ms. CANTWELL. Mr. President, I rise today to introduce legislation 
that will preserve the free and open Internet that has led to the 
growth of broadband.
  The broadband Internet is integral to U.S. job creation, economic 
growth, education, civic engagement, and innovation.
  The network design principles fostering the development of the 
broadband Internet to date, an end-to-end design, layered architecture, 
and open standards, promotes innovation at the edge of the network and 
gives end users choice and control of their online activities.
  These network design principles have led to the network neutrality of 
the Internet, where there are no paid-for premium fast lanes and best-
effort slow lanes.
  Today, broadband providers have access to technology and an economic 
incentive to favor their own or affiliated services, content, and 
applications; and discriminate against other providers of services 
content, and applications.
  If our Nation is to achieve the ambitious broadband goals put forward 
in the National Broadband Plan, the U.S. needs a clear Federal policy 
that preserves the historically free and open nature of the Internet.
  The policy must apply to all broadband Internet access service 
providers regardless of the means by which they reach the end user.
  As you know, the FCC released its net neutrality rules last fall.
  I consider the Commission's actions to be completely within the 
bounds of its authority.
  The Chevron deference courts give agencies is rather broad.
  A quick read of the 2005 U.S. Supreme Court's Brand X decision tells 
you all you need to know.
  Former FCC Chairman Powell was very creative in his approach to 
deregulating broadband over cable modem in 2002.
  As you remember, one of the most conservative justices on the Supreme 
Court, Justice Scalia, voted against the FCC action saying more or less 
that what Chairman Powell did was an overreach.
  Even so, the final decision was six to three in favor of the FCC. 
That is how broad the Chevron deference is.
  And because of the meticulous way Chairman Genachowski conducted the 
Commission's process, in the end, I am confident the court system will 
uphold its actions.
  My issue with the Commission's net neutrality rules is that I do not 
think the Chairman was bold enough.
  The Commission should have issued one set of rules that covered 
broadband delivered over wireline, wireless, or some combination of the 
two. Everyone realizes that the future of broadband is wireless. And 
with the rollout of 4-G wireless services, that future is with us now.
  The Commission should not have kept open the door for any pay-for-
priority schemes. It will lead to a tiered Internet, where broadband 
Internet service providers have the incentive to create artificial 
bandwidth shortages to maximize profits, rather than invest in new 
capacity.
  The Commission also needed to get the definitions of broadband and 
reasonable network management right. One was too broad and one too 
narrow. The wording in definitions is negotiated over fiercely because, 
if not crafted properly, it can lead to loopholes that severely 
undercut the effectiveness of the rules.
  More fundamentally, the Commission should have reclassified broadband 
Internet access into Title II of the communications act and forebear 
from regulation all of the elements more appropriate to Title I. It 
would have taken the Commission a lot more time and resources, but 
getting net neutrality right is that important, because this is the 
foundation that all broadband rules and regulations will be built on 
going forward.
  It is surprising that as weak as these rules are they have stirred up 
so much vitriol.
  I know this body will be taking up this matter another day.
  My legislation puts in statute strong net neutrality protections, 
takes steps to promote broadband adoption, and provides consumer 
protection for broadband end users.
  First I want to acknowledge the leadership of our former colleague 
Senator Dorgan on this issue.
  The bill builds on what we started working together on last fall.
  It also borrows some of the good ideas of Mr. Markey and Ms. Eshoo in 
the House.
  At a high level my legislation creates a new section in Title II of 
the Communications Act that codifies the six new neutrality principles 
in the FCC's November 2009 notice of proposed rulemaking for preserving 
the open Internet.
  My legislation adds a few things to the FCC's list. For example, my 
legislation also prohibits broadband operators from requiring content, 
service, or application providers from paying for prioritized delivery 
of their IP packets; more commonly referred to as pay-for priority. It 
also requires broadband providers to interconnect with middle-mile 
broadband providers on just and reasonable terms and conditions.
  All of this is subject to reasonable network management as defined. 
And it applies to all broadband Internet platforms--wireline and 
wireless.
  My legislation takes several steps to promote the adoption of 
broadband, steps such as requiring broadband providers to provide 
service upon reasonable request by an end user; and requiring broadband 
providers to offer standalone broadband at reasonable rates, terms and 
conditions.
  My legislation increases consumer protections because all charges, 
practices, classifications, regulations, for and in connection with the 
broadband Internet access service must be just and reasonable.
  My legislation directs the FCC to come up with enforcement 
mechanisms. End users, who include individuals, businesses of all 
sizes, non-for-profit organization, and others, can file a complaint 
either at the FCC or at a U.S. District Court, but not both. 
Additionally, State Attorneys General can file on behalf of their 
residents and seek either to enforce the act or to seek civil 
penalties.
  My legislation supports continued broadband investment, innovation, 
and jobs.
  Let me explain.
  First innovation. With the Internet's end-to-end design, innovation 
is at the edge of the network in the hands of the end users. New ideas 
for online content, application, and services do not need the 
permission of the centralized network operator to become successful. 
Without net neutrality protections, I foresee situations arising that 
will chill innovation.
  For example, if a broadband provider has a partnership with company A 
to provide end users a certain on-line service, and new company B comes 
up with a better value proposition for providing that same on-line 
service, how many believe that the broadband provider will allow 
company B get access to its end users with the same bandwidth or 
quality-of-service assurances, particularly if Company A gives a 
portion of its revenues from that on-line service to the broadband 
provider.
  Experience has taught me that the most promising path to developing 
an innovation into a new on-line product or service is hard to predict, 
if one can do it at all. If broadband Internet access service provider 
end up on the critical path for successful commercialization of on-line 
innovations, the path to success will be all the much harder. The 
language in my bill tries to prevent these types of situations from 
happening.
  This leads to my second point, the chilling of investment without 
effective net neutrality rules.
  Take the situation where an early stage online company is seeking 
venture capital investments. The first question any responsible VC will 
ask is whether the following list of large broadband providers are on-
board with the online product or service. Because if there is a 
situation, as in my example on innovation, where the large broadband 
provider has a partnership with the early stage companies' entrenched 
competitor, it is going to be difficult, if not impossible to raise 
funds. Basically, the blessing of broadband providers will become 
essential to obtaining VC investment of any magnitude. How to get large 
broadband

[[Page S183]]

providers on board will become a key part of every business plan. 
Broadband providers would then become gatekeepers to online innovation 
and investment.
  Broadband investment can also be chilled a second way. The logical 
extension of pay-for-priority is a tiered Internet with premium fast 
lanes and best effort slow lanes. With a tiered Internet, it becomes 
more profitable to create an artificial bandwidth shortage rather than 
in investing to increase broadband capacity of the local network.
  The reason is that it is easier to adjust pricing policies than 
forecast the optimum level of investment and be able to finance it at 
favorable rates. Recall the Internet bubble about a decade ago. That is 
why I believe that if pay-for-priority exists, it will ultimately lead 
to a lower level of broadband investment that would occur otherwise.
  I agree with the need for broadband providers to upgrade the quality 
of their network and increase the available bandwidth to meet the 
anticipated market demand. If end users want more bandwidth or quality-
of-service assurances they should be willing to pay for it. It is that 
simple. I have no issue with allowing broadband providers explore 
different pricing options for consumers. My bill doesn't prevent that.
  Third jobs. Since the advent of the broadband age, there have been 
more high-value-added, high-paying jobs created by companies operating 
at the edge of the network than companies at the center of the network. 
And because of chilled investment and other restrictions, without net 
neutrality rules, I believe we will experience a lower rate of growth 
of broadband-enabled jobs.
  Let me close by saying that I bring a unique perspective to the 
policy discussion over net neutrality by virtue of working in the tech 
industry during the dial-up age and early years of broadband.
  To put things in perspective, the ideas and language that became the 
Telecommunications Act of 1996 was coming together around the time 
Netscape 1.0 was being introduced commercially.
  Whether intentionally or unintentionally, that 1996 Telecom Act 
accelerated the roll out of broadband, even though the word Internet 
appeared less then one dozen times. It set the wheels in motion by 
allowing local competition to the offspring of Ma Bell, allowing 
telecom companies to offer video programming, and allowing cable 
companies to offer telecom service.
  Cable companies responded to this competitive threat, and that from 
the satellite TV companies due to the Satellite Home Viewing Act, by 
making infrastructure investments that allowed them to offer new 
broadband service over cable modem.
  Competitive Local Exchange Carriers, taking advantage of their new 
ability to line share and access unbundled network elements, also saw 
the competitive benefits of offering broadband service.
  The traditional telecom companies, well, at the time they seemed 
focused on trying to reassemble Ma Bell and having us all buy an extra, 
dedicated landline or two for dial up service.
  Eventually, the competitive pressure did drive them to make the 
necessary investment to offer broadband.
  The business models for delivering broadband Internet access differed 
than that of dial-up. In their heyday, ISPs such as AOL, CompuServe, 
and Prodigy did not own their own infrastructure; they leased telecom 
transmission capacity from third parties telecom companies. With 
broadband, for a number of reasons, there came the much greater 
vertical integration of the ISP and transmission capacity.
  Looking back, broadband over cable modem flourished under Title II 
through 2002, until the FCC deregulated it. Similarly, broadband over 
landlines flourished under Title II through 2005, until Chairman 
Martin's deregulated it in the wake of the Brand X decision.
  As Senator Dorgan used to say, having broadband under Title II 
ensured that there was a broadband cop on the beat.
  If there were functioning local markets for broadband services, 
consumers would have true choices, and I might think differently about 
the need for legislation. Unfortunately end users in most communities 
have a limited number of choices at best when it comes to broadband 
Internet access services.
  At its most basic, that is why we need to return that broadband cop 
to the beat. My bill will do that, and do that without regulating the 
Internet.
  It will achieve the regulatory certainty industry seems to clamoring 
for by having the net neutrality protection in statute rather than left 
to agency rule and the politics of each succeeding administration.
  I don't claim that this bill is a perfect bill. It lays down a marker 
for where we should start the discussion.
  Given the complexity of the Internet ecosystem, any legislation will 
have to be worked through by the Commerce Committee. There are always 
details, details, and more details with respect to business models and 
usage cases that need to be considered. For these reasons I recognize 
that the Commission will need some flexibility in implementing the 
statute and I believe my language will provide them with just enough.
  My bill will preserve an open and free Internet, allow for 
broadband's continued growth, and the economic growth and jobs that it 
will create.
  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. 74

       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 ``Internet Freedom, Broadband 
     Promotion, and Consumer Protection Act of 2011''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) Two-way communications networks constitute basic 
     infrastructure that is as essential to our national economy 
     as roads and electricity.
       (2) The broadband Internet constitutes the most important 
     two-way communications infrastructure of our time.
       (3) Access to the broadband Internet is critical for job 
     creation, economic growth, and technological innovation.
       (4) Access to the broadband Internet creates opportunity 
     for more direct civic engagement, increased educational 
     attainment, and enables free speech.
       (5) The network design principles fostering the development 
     of the broadband Internet to date, an end-to-end design, 
     layered architecture, and open standards, promotes innovation 
     at the edge of the network and gives end users choice and 
     control of their online activities.
       (6) These network design principles have led to the network 
     neutrality of the Internet, where there are no paid for 
     premium fast lanes and best effort slow lanes.
       (7) According to the Federal Communications Commission in 
     2009, technologies now allow network operators to distinguish 
     different classes of Internet traffic, to offer different 
     qualities-of-service, and to charge different prices to each 
     class of Internet traffic.
       (8) Broadband Internet access service providers have an 
     economic interest to discriminate in favor of their own or 
     affiliated services, content, and applications and against 
     other providers of such services, content, and applications.
       (9) Broadband Internet access service providers have an 
     economic interest in, and the ability to adopt, pay-for-
     priority schemes to the detriment of job creation, economic 
     growth, innovation, and consumer protections.
       (10) The market for broadband today demonstrates 
     substantial obstacles to effective competition, to the 
     protection of users, and to the continued viability of a free 
     and open Internet.
       (11) These obstacles impede the universal deployment and 
     adoption of broadband, impede meeting the goals set forth in 
     the National Broadband Plan, and perpetuate a digital divide.
       (12) The United States needs clear Federal policy that 
     preserves the historically free and open nature of the 
     Internet, expands the benefits of broadband, and promotes 
     universally available and affordable broadband service that 
     does not chill innovation or speech within the content, 
     applications, and services available online.
       (13) The Federal policy to ensure that the Internet remains 
     free and open must apply equally to all broadband Internet 
     access services, regardless of whether those services use 
     wire, radio, or some combination of those means to reach the 
     end user.

     SEC. 3. INTERNET FREEDOM.

       Title II of the Communications Act of 1934 (47 U.S.C. 201 
     et seq.) is amended by adding at the end the following:

     ``SEC. 280. INTERNET FREEDOM AND BROADBAND PROMOTION.

       ``(a) Purposes.--The purposes of this section are--
       ``(1) to promote increased availability and adoption of 
     broadband for all Americans;

[[Page S184]]

       ``(2) to promote consumer choice and competition among 
     broadband Internet access service providers and among 
     providers of lawful content, applications, and services; and
       ``(3) to protect consumers, innovators and entrepreneurs 
     from harmful, discriminatory, or anti-competitive behavior by 
     providers of broadband Internet access service.
       ``(b) Broadband Internet Access Service and Charges.--
       ``(1) It shall be the duty of every broadband Internet 
     access service provider to furnish such broadband Internet 
     access service to end users upon reasonable request.
       ``(2) Broadband Internet access service providers shall not 
     require end users to purchase voice grade telephone service, 
     commercial mobile radio voice services, or multichannel-video 
     programming distribution services or other specialized 
     services as a condition on the purchase of any broadband 
     Internet access service.
       ``(3) All charges, practices, classifications, and 
     regulations for and in connection with broadband Internet 
     access service shall be just and reasonable.
       ``(4) If a broadband Internet access service provider 
     allows its end users to request quality-of-service assurances 
     for the transmission of Internet protocol packets associated 
     with its own applications, services, or content or that of 
     its affiliates, then--
       ``(A) the broadband Internet access service provider shall 
     permit such assurances for all Internet Protocol packets 
     chosen by the end user, without regard to the content, 
     applications, or services involved; and
       ``(B) any quality-of-service assurance shall not block, 
     interfere with, or degrade, any other end user's access to 
     the content, applications, and services of their choice.
       ``(c) Ensuring Open Access to the Broadband Internet.--A 
     broadband Internet access service provider may not unjustly 
     or unreasonably--
       ``(1) block, interfere with, or degrade an end user's 
     ability to access, use, send, post, receive, or offer lawful 
     content (including fair use), applications, or services of 
     the user's choice;
       ``(2) block, interfere with, or degrade an end user's 
     ability to connect and use the end user's choice of legal 
     devices that do not harm the network;
       ``(3) prevent or interfere with competition among network, 
     applications, service or content providers;
       ``(4) engage in discrimination against any lawful Internet 
     content, application, service, or service provider with 
     respect to network management practices, network performance 
     characteristics, or commercial terms and conditions;
       ``(5) give preference to affiliated content, applications, 
     or services with respect to network management practices, 
     network performance characteristics, or commercial terms and 
     conditions;
       ``(6) charge a content, application, or service provider 
     for access to the broadband Internet access service 
     providers' end users based on differing levels of quality of 
     service or prioritized delivery of Internet protocol packets;
       ``(7) prioritize among or between content, applications, 
     and services, or among or between different types of content, 
     applications, and services unless the end user requests to 
     have such prioritization;
       ``(8) install or utilize network features, functions, or 
     capabilities that prevent or interfere with compliance with 
     the requirements of this section; or
       ``(9) refuse to interconnect on just and reasonable terms 
     and conditions.
       ``(d) Reasonable Network Management.--
       ``(1) In general.--Nothing in this section shall prohibit a 
     broadband Internet access service provider from engaging in 
     reasonable network management.
       ``(2) Reasonableness presumption.--For purposes of this 
     section, a network management practice is presumed to be 
     reasonable for a broadband Internet access service provider 
     only if it is--
       ``(A) essential for a legitimate network management purpose 
     assuring the operation of the network;
       ``(B) appropriate for achieving the stated purpose;
       ``(C) narrowly tailored; and
       ``(D) among the least restrictive, least discriminatory, 
     and least constricting of consumer choice available.
       ``(3) Factors to be considered.--In determining whether a 
     network management practice is reasonable, the Commission 
     shall take into account the particular network architecture 
     and any technology and operational limitations of the 
     broadband Internet access service provider.
       ``(4) Limitation.--A network management practice may not be 
     considered to be a reasonable network management if the 
     broadband Internet access service provider charges content, 
     applications, or other online service providers for differing 
     levels of quality of service or prioritized delivery of 
     Internet Protocol packets.
       ``(e) Other Regulated Services.--This section shall not be 
     construed to prevent broadband Internet access service 
     providers from offering interconnected Voice over Internet 
     Protocol (VoIP) services or multichannel-video programming 
     distribution services regulated under title VI of this Act on 
     transmission capacity also used by broadband Internet access 
     services.
       ``(f) Transparency.--
       ``(1) In general.--A provider of broadband Internet access 
     service--
       ``(A) shall disclose publicly on its external website and 
     at the point of sale accurate information regarding the 
     network management practices, network performance, and 
     commercial terms of its broadband Internet access service in 
     plain language sufficient for end users to make informed 
     choices regarding use of such services, and for content, 
     application, service, and device providers to develop, 
     market, and maintain Internet offerings; and
       ``(B) shall disclose publicly on its external website and 
     at the point of sale any other practices that affect 
     communications between a user and a content, application, or 
     service provider in the ordinary, routine use of such 
     broadband service.
       ``(2) Exemptions.--The Commission may exempt certain kinds 
     of information from disclosure on the grounds that it is 
     competitively sensitive or could compromise network 
     security.Within 90 days after the date of enactment of the 
     Internet Freedom, Broadband Promotion, and Consumer 
     Protection Act of 2011, the Commission shall conclude a 
     rulemaking proceeding to implement this subsection.
       ``(g) Stand-Alone Internet Access Service.--
       ``(1) In general.--Within 180 days after the date of 
     enactment of the Internet Freedom, Broadband Promotion, and 
     Consumer Protection Act of 2011, the Commission shall 
     promulgate rules to ensure that broadband Internet access 
     providers do not require the purchase of voice grade 
     telephone service, commercial mobile radio voice services, or 
     multichannel-video programming distribution services as a 
     condition of purchasing any broadband Internet access 
     service, and that the rates, terms, and conditions for 
     providing such service are just and reasonable.
       ``(2) Report.--In the report required by section 706 of the 
     Telecommunications Act of 1996 (47 U.S.C. 1302), the 
     Commission shall collect information on the availability, 
     promotion, average speed, and average pricing of stand-alone 
     broadband Internet access service offered by broadband 
     Internet access providers.
       ``(3) Eligibility to access any universal service fund for 
     broadband.--If the Commission establishes a universal service 
     fund for broadband Internet services, only broadband Internet 
     access service providers that offer stand-alone broadband 
     service shall be eligible to participate in the fund.
       ``(h) Enforcement, Liability, and Recovery of Damages.--
       ``(1) Expedited complaint process.--Within 180 days after 
     the date of enactment of the Internet Freedom, Broadband 
     Promotion, and Consumer Protection Act of 2011, the 
     Commission shall prescribe rules to permit any aggrieved 
     person to file a complaint with the Commission concerning a 
     violation of subsections (b), (c), or (g) of this section, 
     and establish enforcement and expedited adjudicatory review 
     procedures including the resolution of complaints not later 
     than 90 days after such complaint was filed, except for good 
     cause shown.
       ``(2) Libility of broadband Internet access service 
     providers for damages.--If a broadband Internet access 
     service provider does, or causes or permits to be done, any 
     act, matter, or thing that is prohibited under this section, 
     or fails to do any act, matter, or thing required by this 
     section to be done, the provider shall be liable to the 
     person or persons injured thereby for the full amount of 
     damages sustained in consequence of any such violation of the 
     provisions of this section, together with a reasonable 
     counsel or attorney's fee, as determined by the Commission.
       ``(3) Venue.--Any person claiming to be damaged by any 
     broadband Internet access provider subject to the provisions 
     of this section may either make a complaint to the Commission 
     as provided for in paragraph (1), or may bring suit for the 
     recovery of the damages in a district court of the United 
     States that meets applicable requirements relating to venue 
     under section 1391 of title 28, United States Code. A 
     claimant may not bring an action in a Federal district court 
     if the claimant has filed a complaint with the Commission 
     under paragraph (1) with respect to the same violation.
       ``(i) Enforcement by States.--
       ``(1) In general.--The chief legal officer of a State, or 
     any other State officer authorized by law to bring actions on 
     behalf of the residents of a State, may bring a civil action, 
     as parens patriae, on behalf of the residents of that State 
     in an appropriate district court of the United States to 
     enforce this section or to impose civil penalties for 
     violation of this section, whenever the chief legal officer 
     or other State officer has reason to believe that the 
     interests of the residents of the State have been or are 
     being threatened or adversely affected by a violation of this 
     section.
       ``(2) Notice.--The chief legal officer or other State 
     officer shall serve written notice on the Commission of any 
     civil action under paragraph (1) prior to initiating such 
     civil action. The notice shall include a copy of the 
     complaint to be filed to initiate such civil action, except 
     that if it is not feasible for the State to provide such 
     prior notice, the State shall provide such notice immediately 
     upon instituting such civil action.
       ``(3) Authority to intervene.--Upon receiving the notice 
     required by paragraph (2), the Commission shall have the 
     right--
       ``(A) to intervene in the action;

[[Page S185]]

       ``(B) upon so intervening, to be heard on all matters 
     arising therein; and
       ``(C) to file petitions for appeal.
       ``(4) Rule of construction.--For purposes of bringing any 
     civil action under paragraph (1), nothing in this subsection 
     shall prevent the chief legal officer or other State officer 
     from exercising the powers conferred on that officer by the 
     laws of such State to conduct investigations or to administer 
     oaths or affirmations or to compel the attendance of 
     witnesses or the production of documentary and other evidence
       ``(5) Venue; service of process.--
       ``(A) Venue.--An action brought under paragraph (1) shall 
     be brought in a district court of the United States that 
     meets applicable requirements relating to venue under section 
     1391 of title 28, United States Code.
       ``(B) Service of process.--In an action brought under 
     paragraph (1)--
       ``(i) process may be served without regard to the 
     territorial limits of the district or of the State in which 
     the action is instituted; and
       ``(ii) a person who participated in an alleged violation 
     that is being litigated in the civil action may be joined in 
     the civil action without regard to the residence of the 
     person.
       ``(j) Commission Authority.--The Commission may perform any 
     and all acts, make such rules and regulations and issue such 
     orders, not inconsistent with this section, as may be 
     necessary to implement the purposes of this section.
       ``(k) Other Laws and Considerations.--
       ``(1) Nothing in this section supersedes any obligation or 
     authorization a provider or broadband Internet access service 
     may have to address the needs of emergency communications or 
     law enforcement, public safety, or national security 
     authorities, consistent with or as permitted by applicable 
     law, or limits the provider's ability to do so.
       ``(2) Nothing in this section authorizes a provider of 
     broadband Internet access service to address copyright 
     infringement or other unlawful activity of providers, 
     subscribers, or users, beyond its obligations under the 
     Digital Millennium Copyright Act (17 U.S.C. 101 note), the 
     amendments made by that Act, and consistent other applicable 
     laws.
       ``(l) Studies.--Within one-year after the date of enactment 
     of this Act the Government Accountability Office shall 
     complete and submit reports to the Senate Committee on 
     Commerce, Science, and Transportation, and the House 
     Committee on Energy and Commerce, on the evolution of 
     commercial and other arrangements by which broadband Internet 
     access service providers interconnect to Internet backbone 
     providers and intermediary networks, and assess whether, as 
     the volume and mix of Internet Protocol traffic requested by 
     and transported to and from the customers of broadband 
     Internet access service providers has changed over time, 
     there is a market failure with respect to the existing market 
     mechanisms of transit contracts and non-settlement peering 
     agreements.
       ``(m) Definitions.--In this section:
       ``(1) Affiliated.--The term `affiliated' includes--
       ``(A) a person that (directly or indirectly) owns or 
     controls, is owned or controlled by, or is under common 
     ownership or control with another person; and
       ``(B) a person that has a contract or other arrangement 
     with a content, application, or service provider relating to 
     access to or distribution of such content, application or 
     services over the Internet.
       ``(2) Broadband internet access.--The term `broadband 
     Internet access'--
       ``(A) means the ability for an end user to transmit and 
     receive data to the Internet using Internet Protocol at peak 
     download data transfer rates in excess of 200 kilobits per 
     second, through an always-on connection; but
       ``(B) does not include dial-up access requiring an end user 
     to initiate a call across the public switched telephone 
     network to establish a connection.
       ``(3) Broadband internet access service.--The term 
     `broadband Internet access service' means any communications 
     service by wire or radio that provides broadband Internet 
     access directly to the public, or to such classes of users as 
     to be effectively available directly to the public.
       ``(4) Broadband internet access service provider.--The term 
     `broadband Internet access service provider' means a person 
     or entity that operates or resells and controls any facility 
     used to provide an Internet access service directly to the 
     public, whether provided for a fee or for free, and whether 
     provided via wire or radio, except when such service is 
     offered as an incidendal component of a noncommunications 
     contractual relationship.
       ``(5) End user.--The term `end user' means any person who, 
     by way of a broadband service, takes and utilizes Internet 
     services, whether provided for a fee, in exchange for an 
     explicit benefit, or for free.''.
       ``(6) Internet.--The term `Internet' means a system of 
     interconnected networks that use the Internet Protocol for 
     communications with resources or endpoints reachable, 
     directly or through a proxy, via a globally unique Internet 
     address assigned by the Internet Assigned Numbers Authority 
     or any successor or designee; or any technology the 
     Commission shall find to be functionally equivalent.
       ``(7) Interconnected voice over internet protocol (voip) 
     service.--The term `Interconnected VoIP service' means a 
     service that enables real-time, two-way voice communications; 
     requires a broadband connection from the user's location; 
     requires Internet protocol compatible customer premises 
     equipment; and permits users generally to receive calls that 
     originate on the public switched telephone network and to 
     terminate calls to the public switched telephone network 
     subject to section 9.3 of the Commission's regulations (47 
     C.F.R. 9.3).
                                 ______
                                 
      By Mr. KOHL (for himself, Mrs. Feinstein, Mr. Durbin, Mr. 
        Whitehouse, Ms. Klobuchar, Mr. Franken, and Mr. Wyden):
  S. 75. A bill to restore the rule that agreements between 
manufacturers and retailers, distributors, or wholesalers to set the 
minimum price below which the manufacturer's product or service cannot 
be sold violates the Sherman Act; to the Committee on the Judiciary.
  Mr. KOHL. Mr. President, I rise today to introduce legislation 
essential to consumers receiving the best prices on every product from 
electronics to clothing to groceries. My bill, the Discount Pricing 
Consumer Protection Act, will restore the nearly century old rule that 
it is illegal under antitrust law for a manufacturer to set a minimum 
price below which a retailer cannot sell the manufacturer's product, a 
practice known as ``resale price maintenance'' or ``vertical price 
fixing.'' This bill wil ensure that consumers can obtain discount 
prices at the very time they need them the most.
  In June 2007, overturning a 96-year-old precedent, a narrow 5-4 
Supreme Court majority in the Leegin case turned the Sherman Act on its 
head to overturn this basic rule of the marketplace which has served 
consumers well for nearly a century. My bill--identical to legislation 
I introduced in the last two Congresses--will correct this 
misinterpretation of antitrust law and restore the per se ban on 
vertical price fixing. My bill has been endorsed by the National 
Association of Attorneys General, 38 state attorneys general, as well 
as numerous antitrust experts, including former FTC Chairman Pitofsky 
and former FTC Commissioner Harbour, and the leading consumer groups, 
including Consumers Union, the Consumers Federation of America, and the 
American Antitrust Institute. This legislation passed the Judiciary 
Committee last year.
  The reasons for this legislation are compelling. Allowing 
manufacturers to set minimum retail prices will threaten the very 
existence of discounting and discount stores, and lead to higher prices 
for consumers. For nearly a century the rule against vertical price 
fixing permitted discounters to sell goods at the most competitive 
price. Many credit this rule with the rise of today's low price, 
discount retail giants--stores like Target, Best Buy, Walmart, and the 
internet sites Amazon and EBay, which offer consumers a wide array of 
highly desired products at discount prices.
  Ample evidence exists of the pernicious effect of allowing vertical 
price fixing. For nearly 40 years until 1975 when Congress passed the 
Consumer Goods Pricing Act, Federal law permitted States to enact so-
called ``fair trade'' laws legalizing vertical price fixing. Studies 
the Department of Justice conducted in the late 1960s indicated that 
prices were between 18-27 percent higher in the States that allowed 
vertical price fixing than the States that had not passed such ``fair 
trade'' laws, costing consumers at least $2.1 billion per year at that 
time.
  Given the tremendous economic growth in the intervening decades, the 
likely harm to consumers if vertical price fixing were permitted is 
even greater today. In his dissenting opinion in the Leegin case, 
Justice Breyer estimated that if only 10 percent of manufacturers 
engaged in vertical price fixing, the volume of commerce affected today 
would be $300 billion, translating into retail bills that would average 
$750 to $1,000 higher for the average family of four every year.
  The experience of the last three years since the Leegin decision has 
begun to confirm our fears regarding the dangers from permitting 
vertical price fixing. The Wall Street Journal has reported that more 
than 5,000 companies have implemented minimum pricing policies. A new 
business--known as ``internet monitors''--has materialized for 
companies that scour the Internet in search of retailers selling 
products at a bargain. When such bargain sellers are detected, the 
manufacturer is alerted so that they can demand the seller

[[Page S186]]

end its discounting. There have been many reports of everything from 
consumer electronics and video games to baby products and toys, rental 
cars and bicycles being subject to minimum retail pricing policies.
  Defenders of the Leegin decision argue that today's giant retailers 
such as Wal-Mart, Best Buy or Target can ``take care of themselves'' 
and have sufficient market power to fight manufacturer efforts to 
impose retail prices. Whatever the merits of that argument, I am 
particularly worried about the effect of this new rule permitting 
minimum vertical price fixing on the next generation of discount 
retailers. If new discount retailers can be prevented from selling 
products at a discount at the behest of an established retailer worried 
about the competition, we will imperil an essential element of retail 
competition so beneficial to consumers.
  In overturning the per se ban on vertical price fixing, the Supreme 
Court in Leegin announced this practice should instead be evaluated 
under what is known as the ``rule of reason.'' Under the rule of 
reason, a business practice is illegal only if it imposes an 
``unreasonable'' restraint on competition. The burden is on the party 
challenging the practice to prove in court that the anti-competitive 
effects of the practice outweigh its justifications. In the words of 
the Supreme Court, the party challenging the practice must establish 
the restraint's ``history, nature and effect.'' Whether the businesses 
involved possess market power ``is a further, significant 
consideration'' under the rule of reason.
  In short, establishing that any specific example of vertical price 
fixing violates the rule of reason is an onerous and difficult burden 
for a plaintiff in an antitrust case. Parties complaining about 
vertical price fixing are likely to be small discount stores or 
consumers with limited resources to engage in lengthy and complicated 
antitrust litigation. These plaintiffs are unlikely to possess the 
facts and complicated economic evidence necessary to make the extensive 
showing necessary to prove a case under the ``rule of reason.'' In the 
words of former FTC Commissioner Pamela Jones Harbour, applying the 
rule of reason to vertical price fixing ``is a virtual euphemism for 
per se legality.''
  Our Antitrust Subcommittee conducted two extensive hearings into the 
Leegin decision and the likely effects of abolishing the ban on 
vertical price fixing in the last two Congresses. Both former FTC 
Chairman Robert Pitofsky and former FTC Commissioner Harbour strongly 
endorsed restoring the ban on vertical price fixing. Marcy Syms, CEO of 
the Syms discount clothing stores, and a senior executive of the 
Burlington Coat Factory discount chain testified as well, both citing 
the likely dangers to the ability of discounters such as Syms to 
survive after abolition of the rule against vertical price fixing. Ms. 
Syms also stated that ``it would be very unlikely for her to bring an 
antitrust suit'' challenging vertical price fixing under the rule of 
reason because her company ``would not have the resources, knowledge or 
a strong enough position in the market place to make such action 
prudent.'' Our examination of this issue has produced compelling 
evidence for the continued necessity of a ban on vertical price fixing 
to protect discounting and low prices for consumers.
  The Discount Pricing Consumer Protection Act will accomplish this 
goal. My legislation is quite simple and direct. It would simply add 
one sentence to Section 1 of the Sherman Act--the basic provision 
addressing combinations in restraint of trade--a statement that any 
agreement with a retailer, wholesaler or distributor setting a price 
below which a product or service cannot be sold violates the law. No 
balancing or protracted legal proceedings will be necessary. Should a 
manufacturer enter into such an agreement it will unquestionably 
violate antitrust law. The uncertainty and legal impediments to 
antitrust enforcement of vertical price fixing will be replaced by 
simple and clear legal rule--a legal rule that will promote low prices 
and discount competition to the benefit of consumers every day.
  In the last few decades, millions of consumers have benefited from an 
explosion of retail competition from new large discounters in virtually 
every product, from clothing to electronics to groceries, in both ``big 
box'' stores and on the Internet. Our legislation will correct the 
Supreme Court's abrupt change to antitrust law, and will ensure that 
today's vibrant competitive retail marketplace and the savings gained 
by American consumers from discounting will not be jeopardized by the 
abolition of the ban on vertical price fixing. I urge my colleagues to 
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. 75

       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 ``Discount Pricing Consumer 
     Protection Act''.

     SEC. 2. STATEMENT OF FINDINGS AND DECLARATION OF PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) From 1911 in the Dr. Miles decision until June 2007 in 
     the Leegin decision, the Supreme Court had ruled that the 
     Sherman Act forbid in all circumstances the practice of a 
     manufacturer setting a minimum price below which any 
     retailer, wholesaler or distributor could not sell the 
     manufacturer's product (the practice of ``resale price 
     maintenance'' or ``vertical price fixing'').
       (2) The rule of per se illegality forbidding resale price 
     maintenance promoted price competition and the practice of 
     discounting all to the substantial benefit of consumers and 
     the health of the economy.
       (3) Many economic studies showed that the rule against 
     resale price maintenance led to lower prices and promoted 
     consumer welfare.
       (4) Abandoning the rule against resale price maintenance 
     will likely lead to higher prices paid by consumers and 
     substantially harms the ability of discount retail stores to 
     compete. For 40 years prior to 1975, Federal law permitted 
     states to enact so-called ``fair trade'' laws allowing 
     vertical price fixing. Studies conducted by the Department of 
     Justice in the late 1960s indicated that retail prices were 
     between 18 and 27 percent higher in states that allowed 
     vertical price fixing than those that did not. Likewise, a 
     1983 study by the Bureau of Economics of the Federal Trade 
     Commission found that, in most cases, resale price 
     maintenance increased the prices of products sold.
       (5) The 5-4 decision of the Supreme Court majority in 
     Leegin incorrectly interpreted the Sherman Act and improperly 
     disregarded 96 years of antitrust law precedent in 
     overturning the per se rule against resale price maintenance.
       (b) Purposes.--The purposes of this Act are--
       (1) to correct the Supreme Court's mistaken interpretation 
     of the Sherman Act in the Leegin decision; and
       (2) to restore the rule that agreements between 
     manufacturers and retailers, distributors or wholesalers to 
     set the minimum price below which the manufacturer's product 
     or service cannot be sold violates the Sherman Act.

     SEC. 3. PROHIBITION ON VERTICAL PRICE FIXING.

       (a) Amendment to the Sherman Act.--Section 1 of the Sherman 
     Act (15 U.S.C. 1) is amended by adding after the first 
     sentence the following: ``Any contract, combination, 
     conspiracy or agreement setting a minimum price below which a 
     product or service cannot be sold by a retailer, wholesaler, 
     or distributor shall violate this Act.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect 90 days after the date of enactment of this 
     Act.
                                 ______
                                 
      By Mrs. HUTCHISON (for herself, Mr. Begich, Mr. Barrasso, Mr. 
        Cornyn, Mr. Alexander, and Mr. Thune):
  S. 80. A bill to provide a permanent deduction for State and local 
general sales taxes; to the Committee on Finance.
  Mrs. HUTCHISON. Mr. President, I am pleased to introduce a bill to 
permanently correct an injustice in the tax code that has harmed 
citizens in many States of this great Nation.
  State and local governments have various alternatives for raising 
revenue. Some levy income taxes, some use sales taxes, and others use a 
combination of the two. The citizens who pay State and local income 
taxes have been able to offset some of their Federal income taxes by 
receiving a deduction for those State and local income taxes. Before 
1986, taxpayers also had the ability to deduct their sales taxes.
  The philosophy behind these deductions is simple: people should not 
have to pay taxes on their taxes. The money that people must give to 
one level of government should not also be taxed by another level of 
government.
  Unfortunately, citizens of some States were treated differently after

[[Page S187]]

1986 when the deduction for State and local sales taxes was eliminated. 
This discriminated against those living in States, such as my home 
State of Texas, with no income taxes. It is important to remember the 
lack of an income tax does not mean citizens in these States do not pay 
State taxes; revenues are simply collected differently.
  It is unfair to give citizens from some States a deduction for the 
revenue they provide their State and local governments, while not doing 
the same for citizens from other States. Federal tax law should not 
treat people differently on the basis of State residence and differing 
tax collection methods, and it should not provide an incentive for 
States to establish income taxes over sales taxes.
  This discrepancy has a significant impact on Texas. According to the 
Texas Comptroller, extending the deduction would save Texans a 
projected $1.2 billion a year, or an average of $520 per filer claiming 
the deduction. The Texas Comptroller also estimates continuing the 
deduction is associated with 15,700 to 25,700 Texas jobs and $1.1 
billion to $1.4 billion in gross state product.
  Recognizing the inequity in the tax code, Congress reinstated the 
sales tax deduction in 2004 and authorized it for 2 years. Congress 
further extended the sales tax deduction in 2006 and 2008, 
respectively. On January 1, 2010, however, the sales tax deduction 
expired, and, for much of this past year, many Americans once again 
faced the prospect of paying Federal income taxes on their State and 
local sales taxes.
  Fortunately, under the recent agreement to extend the broader tax 
relief for all Americans, Congress staved off the return of the sales 
tax deduction by extending it for 2 years, retroactive to January 1, 
2010. However, this deduction is only in effect through 2011, and we 
must act to prevent the inequity from returning.
  The legislation I am offering today will fix this problem for good by 
making the State and local sales tax deduction permanent. This will 
permanently end the discrimination suffered by my fellow Texans and 
citizens of other States who do not have the option of an income tax 
deduction.
  This legislation is about reestablishing equity to the tax code and 
defending the important principle of eliminating taxes on taxes. I hope 
my fellow Senators will support this effort and pass this legislation, 
and I appreciate the backing of Senators Barrasso, Begich, Cornyn, 
Alexander, Enzi and Thune who have already signed on as co-sponsors.
  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. 80

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

     SECTION 1. PERMANENT EXTENSION OF DEDUCTION FOR STATE AND 
                   LOCAL GENERAL SALES TAXES.

       (a) In General.--Subparagraph (I) of section 164(b)(5) of 
     the Internal Revenue Code of 1986, as amended by section 722 
     of the Tax Relief, Unemployment Insurance Reauthorization, 
     and Job Creation Act of 2010, is amended by striking ``, and 
     before January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2011.
                                 ______
                                 
      By Mr. REID (for Mrs. Feinstein (for herself and Mrs. Boxer):-
  S. 97. A bill to amend the Federal Water Pollution Control Act to 
establish a grant program to support the restoration of San Francisco 
Bay; to the Committee on Environment and Public Works.
  Mr. REID for Mrs. FEINSTEIN. Mr. President, I rise on behalf of 
myself and Senator Boxer to introduce legislation to further the 
restoration of the San Francisco Bay.
  There are many areas in the country in which restoration is done, and 
I am pleased to introduce an authorization for restoration work in the 
San Francisco Bay with Senator Boxer, Chairwoman of the Senate 
Environment and Public Works Committee. Companion legislation will also 
be introduced in the U.S. House of Representatives by Congresswoman 
Jackie Speier.
  As Chair of the Appropriations Subcommittee on Interior, Environment, 
and Related Agencies, I secured $17 million in Federal funding for 
ecosystem restoration and water quality work in the San Francisco Bay 
in the last three years. I also secured $15 million since 2006 for the 
Fish and Wildlife Service to restore salt ponds to tidal wetlands in 
the Bay.
  It is necessary to ensure that these funds continue to be 
appropriated and are spent on the most important projects for the 
ecosystem and public benefit.
  To that end, this legislation will prioritize funding for projects 
that will protect and restore vital estuarine habitat for migratory 
waterfowl, shorebirds, and wildlife; improve and restore water quality 
and rearing habitat for fish; and ensure public benefits.
  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. 97

       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 ``San Francisco Bay 
     Restoration Act''.

     SEC. 2. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.

       Title I of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 123. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Annual priority list.--The term `annual priority 
     list' means the annual priority list compiled under 
     subsection (b).
       ``(2) Comprehensive plan.--The term `comprehensive plan' 
     means--
       ``(A) the comprehensive conservation and management plan 
     approved under section 320 for the San Francisco Bay estuary; 
     and
       ``(B) any amendments to that plan.
       ``(3) Estuary partnership.--The term `Estuary Partnership' 
     means the San Francisco Estuary Partnership, the entity that 
     is designated as the management conference under section 320.
       ``(b) Annual Priority List.--
       ``(1) In general.--After providing public notice, the 
     Administrator shall annually compile a priority list 
     identifying and prioritizing the activities, projects, and 
     studies intended to be funded with the amounts made available 
     under subsection (c).
       ``(2) Inclusions.--The annual priority list compiled under 
     paragraph (1) shall include--
       ``(A) activities, projects, or studies, including 
     restoration projects and habitat improvement for fish, 
     waterfowl, and wildlife, that advance the goals and 
     objectives of the approved comprehensive plan;
       ``(B) information on the activities, projects, programs, or 
     studies specified under subparagraph (A), including a 
     description of--
       ``(i) the identities of the financial assistance 
     recipients; and
       ``(ii) the communities to be served; and
       ``(C) the criteria and methods established by the 
     Administrator for selection of activities, projects, and 
     studies.
       ``(3) Consultation.--In developing the priority list under 
     paragraph (1), the Administrator shall consult with and 
     consider the recommendations of--
       ``(A) the Estuary Partnership;
       ``(B) the State of California and affected local 
     governments in the San Francisco Bay estuary watershed; and
       ``(C) any other relevant stakeholder involved with the 
     protection and restoration of the San Francisco Bay estuary 
     that the Administrator determines to be appropriate.
       ``(c) Grant Program.--
       ``(1) In general.--Pursuant to section 320, the 
     Administrator may provide funding through cooperative 
     agreements, grants, or other means to State and local 
     agencies, special districts, and public or nonprofit 
     agencies, institutions, and organizations, including the 
     Estuary Partnership, for activities, studies, or projects 
     identified on the annual priority list.
       ``(2) Maximum amount of grants; non-federal share.--
       ``(A) Maximum amount of grants.--Amounts provided to any 
     individual or entity under this section for a fiscal year 
     shall not exceed an amount equal to 75 percent of the total 
     cost of any eligible activities that are to be carried out 
     using those amounts.
       ``(B) Non-federal share.--The non-Federal share of the 
     total cost of any eligible activities that are carried out 
     using amounts provided under this section shall be--
       ``(i) not less than 25 percent; and
       ``(ii) provided from non-Federal sources.
       ``(d) Funding.--
       ``(1) Authorization of appropriations.--There are 
     authorized to be appropriated to the Administrator to carry 
     out this section such sums as are necessary for each of 
     fiscal years 2012 through 2021.
       ``(2) Administrative expenses.--Of the amount made 
     available to carry out this section for a fiscal year, the 
     Administrator

[[Page S188]]

     shall use not more than 5 percent to pay administrative 
     expenses incurred in carrying out this section.
       ``(3) Relationship to other funding.--Nothing in this 
     section limits the eligibility of the Estuary Partnership to 
     receive funding under section 320(g).
       ``(4) Prohibition.--No amounts made available under 
     subsection (c) may be used for the administration of a 
     management conference under section 320.''.
                                 ______
                                 
      By Mr. BINGAMAN (for himself and Ms. Murkowski):
  S. 99. A bill to promote the production of molybdenum-99 in the 
United States for medical isotope production, and to condition and 
phase out the export of highly enriched uranium for the production of 
medical isotopes; to the Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, today I am introducing the American 
Medical Isotopes Production Act of 2011. The purpose of the bill is to 
provide certainty in developing a domestic supply of molybdenum-99, 
which is used to produce technetium-99m, one of the most widely used 
medical isotopes in the United States. Right now we import all of our 
molybdenum-99 from outside the United States, primarily Canada and the 
Netherlands, from reactors that are old and that will most likely be 
shut down within the next 10 years. In addition, this bill moves us 
away from using highly enriched bomb-grade uranium targets to those 
that are low-enriched; that is, that are less than 20 percent in the 
fissile isotope uranium-235. I think this is a very important 
nonproliferation goal because the world is currently in discussion with 
Iran on replacing fuel and targets from their medical isotopes reactor; 
we should lead by example in dealing in this area with countries like 
Iran that can now enrich nuclear fuel.
  The Committee on Energy and Natural Resources held a very detailed 
hearing on this topic last Congress. The bill we reported unanimously 
had a wide body of support among the medical isotopes and non-
proliferation communities. I am attaching several letters from the last 
Congress as evidence of the wide support for this bill.
  The new bill that I am introducing today is identical to the bill 
reported by the Committee in the last Congress, H.R. 3276, as amended. 
There are only two differences between this bill and the one from the 
last Congress. The authorization level has been lowered by $20 million 
to account for the fact that we are in fiscal year 2011 and not fiscal 
year 2010, and technical PAYGO language has been added.
  Mr. President, I ask unanimous consent that the text of the bill and 
letters of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 99

       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 ``American Medical Isotopes 
     Production Act of 2011''.

     SEC. 2. IMPROVING THE RELIABILITY OF DOMESTIC MEDICAL ISOTOPE 
                   SUPPLY.

       (a) Medical Isotope Development Projects.--
       (1) In general.--The Secretary of Energy shall establish a 
     technology-neutral program--
       (A) to evaluate and support projects for the production in 
     the United States, without the use of highly enriched 
     uranium, of significant quantities of molybdenum-99 for 
     medical uses;
       (B) to be carried out in cooperation with non-Federal 
     entities; and
       (C) the costs of which shall be shared in accordance with 
     section 988 of the Energy Policy Act of 2005 (42 U.S.C. 
     16352).
       (2) Criteria.--Projects shall be judged against the 
     following primary criteria:
       (A) The length of time necessary for the proposed project 
     to begin production of molybdenum-99 for medical uses within 
     the United States.
       (B) The capability of the proposed project to produce a 
     significant percentage of United States demand for 
     molybdenum-99 for medical uses.
       (C) The cost of the proposed project.
       (3) Exemption.--An existing reactor fueled with highly 
     enriched uranium shall not be disqualified from the program 
     if the Secretary of Energy determines that--
       (A) there is no alternative nuclear reactor fuel, enriched 
     in the isotope U-235 to less than 20 percent, that can be 
     used in that reactor;
       (B) the reactor operator has provided assurances that, 
     whenever an alternative nuclear reactor fuel, enriched in the 
     isotope U-235 to less than 20 percent, can be used in that 
     reactor, it will use that alternative in lieu of highly 
     enriched uranium; and
       (C) the reactor operator has provided a current report on 
     the status of its efforts to convert the reactor to an 
     alternative nuclear reactor fuel enriched in the isotope U-
     235 to less than 20 percent, and an anticipated schedule for 
     completion of conversion.
       (4) Public participation and review.--The Secretary of 
     Energy shall--
       (A) develop a program plan and annually update the program 
     plan through public workshops; and
       (B) use the Nuclear Science Advisory Committee to conduct 
     annual reviews of the progress made in achieving the program 
     goals.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary of Energy for carrying 
     out the program under paragraph (1) $143,000,000 for the 
     period encompassing fiscal years 2011 through 2014.
       (b) Development Assistance.--The Secretary of Energy shall 
     establish a program to provide assistance for--
       (1) the development of fuels, targets, and processes for 
     domestic molybdenum-99 production that do not use highly 
     enriched uranium; and
       (2) commercial operations using the fuels, targets, and 
     processes described in paragraph (1).
       (c) Uranium Lease and Take Back.--The Secretary of Energy 
     shall establish a program to make low enriched uranium 
     available, through lease contracts, for irradiation for the 
     production of molybdenum-99 for medical uses. The lease 
     contracts shall provide for the Secretary to retain 
     responsibility for the final disposition of radioactive waste 
     created by the irradiation, processing, or purification of 
     leased uranium. The lease contracts shall also provide for 
     compensation in cash amounts equivalent to prevailing market 
     rates for the sale of comparable uranium products and for 
     compensation in cash amounts equivalent to the net present 
     value of the cost to the Federal Government for the final 
     disposition of such radioactive waste, provided that the 
     discount rate used to determine the net present value of such 
     costs shall be no greater than the average interest rate on 
     marketable Treasury securities. The Secretary shall not 
     barter or otherwise sell or transfer uranium in any form in 
     exchange for services related to final disposition of the 
     radioactive waste from such leased uranium.

     SEC. 3. EXPORTS.

       Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2160d) is amended by striking subsections b. and c. and 
     inserting in lieu thereof the following:
       ``b. Effective 7 years after the date of enactment of the 
     American Medical Isotopes Production Act of 2011, the 
     Commission may not issue a license for the export of highly 
     enriched uranium from the United States for the purposes of 
     medical isotope production.
       ``c. The period referred to in subsection b. may be 
     extended for no more than 6 years if, no earlier than 6 years 
     after the date of enactment of the American Medical Isotopes 
     Production Act of 2011, the Secretary of Energy certifies to 
     the Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate that--
       ``(1) there is insufficient global supply of molybdenum-99 
     produced without the use of highly enriched uranium available 
     to satisfy the domestic United States market; and
       ``(2) the export of United States-origin highly enriched 
     uranium for the purposes of medical isotope production is the 
     most effective temporary means to increase the supply of 
     molybdenum-99 to the domestic United States market.
       ``d. To ensure public review and comment, the development 
     of the certification described in subsection c. shall be 
     carried out through announcement in the Federal Register.
       ``e. At any time after the restriction of export licenses 
     provided for in subsection b. becomes effective, if there is 
     a critical shortage in the supply of molybdenum-99 available 
     to satisfy the domestic United States medical isotope needs, 
     the restriction of export licenses may be suspended for a 
     period of no more than 12 months, if--
       ``(1) the Secretary of Energy certifies to the Congress 
     that the export of United States-origin highly enriched 
     uranium for the purposes of medical isotope production is the 
     only effective temporary means to increase the supply of 
     molybdenum-99 necessary to meet United States medical isotope 
     needs during that period; and
       ``(2) the Congress enacts a Joint Resolution approving the 
     temporary suspension of the restriction of export licenses.
       ``f. As used in this section--
       ``(1) the term `alternative nuclear reactor fuel or target' 
     means a nuclear reactor fuel or target which is enriched to 
     less than 20 percent in the isotope U-235;
       ``(2) the term `highly enriched uranium' means uranium 
     enriched to 20 percent or more in the isotope U-235;
       ``(3) a fuel or target `can be used' in a nuclear research 
     or test reactor if--
       ``(A) the fuel or target has been qualified by the Reduced 
     Enrichment Research and Test Reactor Program of the 
     Department of Energy; and
       ``(B) use of the fuel or target will permit the large 
     majority of ongoing and planned experiments and isotope 
     production to be conducted in the reactor without a large 
     percentage increase in the total cost of operating the 
     reactor; and

[[Page S189]]

       ``(4) the term `medical isotope' includes molybdenum-99, 
     iodine-131, xenon-133, and other radioactive materials used 
     to produce a radiopharmaceutical for diagnostic, therapeutic 
     procedures or for research and development.''.

     SEC. 4. REPORT ON DISPOSITION OF EXPORTS.

       Not later than 1 year after the date of the enactment of 
     this Act, the Chairman of the Nuclear Regulatory Commission, 
     after consulting with other relevant agencies, shall submit 
     to the Congress a report detailing the current disposition of 
     previous United States exports of highly enriched uranium, 
     including--
       (1) their location;
       (2) whether they are irradiated;
       (3) whether they have been used for the purpose stated in 
     their export license;
       (4) whether they have been used for an alternative purpose 
     and, if so, whether such alternative purpose has been 
     explicitly approved by the Commission;
       (5) the year of export, and reimportation, if applicable;
       (6) their current physical and chemical forms; and
       (7) whether they are being stored in a manner which 
     adequately protects against theft and unauthorized access.

     SEC. 5. DOMESTIC MEDICAL ISOTOPE PRODUCTION.

       (a) In General.--Chapter 10 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2131 et seq.) is amended by adding at the end 
     the following new section:
       ``Sec. 112. Domestic Medical Isotope Production.-- a. The 
     Commission may issue a license, or grant an amendment to an 
     existing license, for the use in the United States of highly 
     enriched uranium as a target for medical isotope production 
     in a nuclear reactor, only if, in addition to any other 
     requirement of this Act--
       ``(1) the Commission determines that--
       ``(A) there is no alternative medical isotope production 
     target, enriched in the isotope U-235 to less than 20 
     percent, that can be used in that reactor; and
       ``(B) the proposed recipient of the medical isotope 
     production target has provided assurances that, whenever an 
     alternative medical isotope production target can be used in 
     that reactor, it will use that alternative in lieu of highly 
     enriched uranium; and
       ``(2) the Secretary of Energy has certified that the United 
     States Government is actively supporting the development of 
     an alternative medical isotope production target that can be 
     used in that reactor.
       ``b. As used in this section--
       ``(1) the term `alternative medical isotope production 
     target' means a nuclear reactor target which is enriched to 
     less than 20 percent of the isotope U-235;
       ``(2) a target `can be used' in a nuclear research or test 
     reactor if--
       ``(A) the target has been qualified by the Reduced 
     Enrichment Research and Test Reactor Program of the 
     Department of Energy; and
       ``(B) use of the target will permit the large majority of 
     ongoing and planned experiments and isotope production to be 
     conducted in the reactor without a large percentage increase 
     in the total cost of operating the reactor;
       ``(3) the term `highly enriched uranium' means uranium 
     enriched to 20 percent or more in the isotope U-235; and
       ``(4) the term `medical isotope' includes molybdenum-99, 
     iodine-131, xenon-133, and other radioactive materials used 
     to produce a radiopharmaceutical for diagnostic, therapeutic 
     procedures or for research and development.''.
       (b) Table of Contents.--The table of contents for the 
     Atomic Energy Act of 1954 is amended by inserting the 
     following new item at the end of the items relating to 
     chapter 10 of title I:

``Sec. 112. Domestic medical isotope production.''.

     SEC. 6. ANNUAL DEPARTMENT OF ENERGY REPORTS.

       The Secretary of Energy shall report to Congress no later 
     than one year after the date of enactment of this Act, and 
     annually thereafter for 5 years, on Department of Energy 
     actions to support the production in the United States, 
     without the use of highly enriched uranium, of molybdenum-99 
     for medical uses. These reports shall include the following:
       (1) For medical isotope development projects--
       (A) the names of any recipients of Department of Energy 
     support under section 2 of this Act;
       (B) the amount of Department of Energy funding committed to 
     each project;
       (C) the milestones expected to be reached for each project 
     during the year for which support is provided;
       (D) how each project is expected to support the increased 
     production of molybdenum-99 for medical uses;
       (E) the findings of the evaluation of projects under 
     section 2(a)(2) of this Act; and
       (F) the ultimate use of any Department of Energy funds used 
     to support projects under section 2 of this Act.
       (2) A description of actions taken in the previous year by 
     the Secretary of Energy to ensure the safe disposition of 
     radioactive waste from used molybdenum-99 targets.

     SEC. 7. NATIONAL ACADEMY OF SCIENCES REPORT.

       The Secretary of Energy shall enter into an arrangement 
     with the National Academy of Sciences to conduct a study of 
     the state of molybdenum-99 production and utilization, to be 
     provided to the Congress not later than 5 years after the 
     date of enactment of this Act. This report shall include the 
     following:
       (1) For molybdenum-99 production--
       (A) a list of all facilities in the world producing 
     molybdenum-99 for medical uses, including an indication of 
     whether these facilities use highly enriched uranium in any 
     way;
       (B) a review of international production of molybdenum-99 
     over the previous 5 years, including--
       (i) whether any new production was brought online;
       (ii) whether any facilities halted production unexpectedly; 
     and
       (iii) whether any facilities used for production were 
     decommissioned or otherwise permanently removed from service; 
     and
       (C) an assessment of progress made in the previous 5 years 
     toward establishing domestic production of molybdenum-99 for 
     medical uses, including the extent to which other medical 
     isotopes that have been produced with molybdenum-99, such as 
     iodine-131 and xenon-133, are being used for medical 
     purposes.
       (2) An assessment of the progress made by the Department of 
     Energy and others to eliminate all worldwide use of highly 
     enriched uranium in reactor fuel, reactor targets, and 
     medical isotope production facilities.

     SEC. 8. DEFINITIONS.

       In this Act the following definitions apply:
       (1) Highly enriched uranium.--The term ``highly enriched 
     uranium'' means uranium enriched to 20 percent or greater in 
     the isotope U-235.
       (2) Low enriched uranium.--The term ``low enriched 
     uranium'' means uranium enriched to less than 20 percent in 
     the isotope U-235.

     SEC. 9. BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
                                  ____



                                                          SNM,

                                                    July 21, 2010.
     Hon. Harry Reid,
     Senate Majority Leader, U.S. Senate, U.S. Capitol, S-221, 
         Washington, DC.
     Hon. Jeff Bingaman,
     Chairman, Senate Committee on Energy and Natural Resources, 
         U.S. Senate, Washington, DC.
     Hon. Mitch McConnell,
     Senate Minority Leader, U.S. Senate, U.S. Capitol, S-231, 
         Washington, DC.
     Hon. Lisa Murkowski,
     Ranking Member, Senate Committee on Energy and Natural 
         Resources, U.S. Senate, Washington, DC.
       Dear Majority Leader Reid, Minority Leader McConnell, 
     Chairman Bingaman, and Ranking Member Murkowski: The Society 
     of Nuclear Medicine (SNM), a leading, multidisciplinary 
     international scientific and professional organization with 
     more than 17,000 physician, technologist, and scientist 
     members dedicated to promoting the science, technology, and 
     practical applications of molecular imaging and nuclear 
     medicine, respectfully requests that the Senate to take up 
     and pass the American Medical Isotopes Production Act of 2009 
     (H.R. 3276) as a stand-alone bill or as an amendment to an 
     appropriate legislative vehicle. Recent disruptions in the 
     international supply of Molybdenum-99 (Mo-99) have 
     highlighted the urgent need to ensure a domestic supply for 
     the U.S. H.R. 3276 would help to ensure a domestic supply of 
     Mo-99 over the long term and curtail the use of highly-
     enriched uranium (HEU) in radionuclide production as a non-
     proliferation strategy to deter terrorism.
       As you know, the House of Representatives approved this 
     bill by an overwhelming vote of 400--17 on November 5, 2009 
     and the Senate Energy and Natural Resources Committee 
     reported this bill favorably with amendments on January 28, 
     2010. SNM believes that rapid passage of this legislation is 
     essential to ensure Americans' access to vital medical 
     radionuclides and give patients timely access to appropriate 
     heart and cancer testing.
       Molybdenum-99 (Mo-99) decays into Technetium-99m (Tc-99m), 
     which is used in approximately 16 million nuclear medicine 
     procedures each year in the U.S. Tc-99m is used in the 
     detection and staging of cancer, detection of heart disease, 
     detection of thyroid disease, study of brain and kidney 
     function, and imaging of stress fractures. In addition to 
     pinpointing the underlying cause of disease, physicians can 
     actually see how a disease is affecting other functions in 
     the body. Imaging with Tc-99m is an important part of patient 
     care. SNM, along with thousands of nuclear medicine 
     physicians in the U.S., has, over the course of the last two 
     years, been disturbed about supply interruptions of Mo-99 
     from foreign vendors and the lack of a reliable supplier of 
     Mo-99 in the U.S. Due to these recent shutdowns in Canada, 
     numerous nuclear medicine professionals across the country 
     have delayed or had to cancel imaging procedures. Because Mo-
     99 is produced through the fission of uranium and has a half-
     life of 66 hours, it cannot be produced and then stored for 
     long periods of time. Unlike traditional pharmaceuticals, 
     which are dispensed by pharmacists or sold over-the-

[[Page S190]]

     counter, nuclear reactors produce radioactive isotopes that 
     are processed and provided to hospitals and other nuclear 
     medicine facilities based on demand. Any disruption to the 
     supply chain can wreak havoc on patient access to important 
     medical imaging procedures.
       In order to ensure that patient needs are not compromised, 
     a continuous reliable supply of medical radioisotopes is 
     essential.
       Currently there are no facilities in the U.S. that are 
     dedicated to manufacturing Mo-99 for Mo-99/Tc-99m generators. 
     The United States must develop domestic capabilities to 
     produce Mo-99 and not rely solely on foreign suppliers. The 
     legislation encourages domestic production of Mo-99 for 
     medical isotopes without HEU in two different ways. First, it 
     would facilitate the operation of new facilities by granting 
     the government the ability ``to retain responsibility for the 
     final disposition of radioactive waste'' under uranium-lease 
     agreements. The Department of Energy (DoE) does not currently 
     have this ability and cannot assume the responsibility for 
     domestic producers' radioactive waste. The bill also 
     authorizes government cost-sharing which would subsidize 
     construction of production facilities. Without the multi-year 
     authorization that is included in H.R. 3276, investments in 
     domestic productive facilities will be prohibitively 
     uncertain.
       There is significant support for passing this piece of 
     legislation, which has been endorsed by a variety of 
     organizations. Further, at a House Energy and Environment 
     Subcommittee on September 9, 2009, Parrish Staples, the U.S. 
     official who oversees medical isotope production at DoE's 
     National Nuclear Security Administration (NNSA) testified as 
     follows:

       ``NNSA is working on several Cooperative Agreements to 
     potential commercial Mo-99 producers, whose projects are in 
     the most advanced stages of development, accelerating their 
     efforts to begin producing Mo-99 in quantities adequate to 
     the U.S. medical community's demand by the end of 2013. . . . 
     The American Medical Isotopes Production Act of 2009 is 
     crucial to ensuring the success of these efforts to 
     accelerate development of a domestic supply of Mo-99 with the 
     use of HEU.

       At the subsequent Senate hearing, Dr. Staples stated:

       ``Currently, we are working or we would intend to work that 
     we would develop four independent technologies, each capable 
     of supplying up to 50 percent of the U.S. demand. Obviously, 
     in theory, that means that if each of these are successful, 
     we could supply the global requirement for this isotope''--
     roughly twice the U.S. domestic demand. In other words, under 
     the legislation, the projected U.S. domestic production 
     capacity could satisfy US demand prior to the cutoff of HEU 
     exports, even if only half of the four main projects 
     succeeded.''

       Passage of this legislation is necessary to help address 
     the future needs of patients by promoting the production of 
     Mo-99 in the United States. We thank you for your efforts and 
     look forward to continuing to work with you on this important 
     issue. Should you have any further questions, please contact 
     Cindy Tomlinson, Associate Director, Health Policy and 
     Regulatory Affairs at either [email protected] or 
     703.326.1187.
           Sincerely,
                                                Dominique Delbeke,
     President.
                                  ____



                                       Health Physics Society,

                                                November 30, 2009.
     Hon. Jeff Bingaman, Chair
     Hon. Lisa Murkowski, Ranking Member
     Energy and Natural Resources Committee, U.S. Senate, 
         Washington, DC.
       Dear Senators Bingaman and Murkowski: On behalf of the 
     Health Physics Society (HPS), I urge the Senate Energy and 
     Natural Resources Committee to give full support to and take 
     timely action on H.R. 3276, the ``American Medical Isotope 
     Production Act of 2009.''
       The Health Physics Society, a nonprofit scientific 
     organization of approximately 5000 radiation safety 
     professionals, has joined with eight other professional 
     organizations in a coalition to address two concerns of 
     national importance: (1) an inherent need for reliable 
     domestic suppliers of Molybdenum-99 (Mo-99); and, (2) efforts 
     to curtail the use of high-enriched uranium (HEU) in 
     radionuclide production as a non-proliferation strategy and 
     to deter terrorism. A discussion of these concerns with 
     recommendations for action by the United States is contained 
     in a white paper by the coalition of professional 
     organizations titled ``Reliable Domestic & Global Supplier of 
     Molybdenum-99 (Mo-99) and Switch from Highly Enriched Uranium 
     (HEU) to Low-Enriched Uranium (LEU) to Produce Mo-99.'' The 
     white paper is accessible at http://hps.org/documents/
isotopes_white-paper_multiorganization.pdf.
       A national effort to address these concerns requires (1) a 
     commitment by the administration to have a coordinated inter-
     agency program with the specific responsibility to achieve 
     reliable domestic independence in the production of Mo-99, 
     (2) continued appropriations by Congress to provide the 
     financial investment needed by the administration's program, 
     and (3) support of the Congress through authorizing 
     legislation that will serve as the basis for the continuation 
     of the administration's program until its goals are achieved.
       The Obama administration has made a commitment to achieve 
     domestic independence in the production of Mo-99. The HPS 
     believes the initiative being led by the National Nuclear 
     Security Administration through the Global Threat Reduction 
     Initiative with oversight and interagency coordination by the 
     Office of Science and Technology Policy has the capability to 
     achieve the establishment of a reliable domestic production 
     of Mo-99 within the next ten years. The Congress has 
     appropriated sufficient support for fiscal year 2010. The 
     remaining task is to obtain congressional support through 
     authorizing legislation that will serve as the support and 
     basis for the administration's program into the future.
       The HPS believes H.R. 3276 provides the needed 
     congressional support for the administration's program.
       We understand there may be some concern about the 
     provisions in H.R. 3276 for imposing a ban on export of HEU 
     at a fixed time in the future. HPS's interest in the issue of 
     domestic production of radioisotopes is related to the 
     radiation safety implications of the issue, including the 
     implications of exporting HEU for this purpose. In 2005, the 
     HPS did not support the inclusion of an HEU export ban 
     provision in the Energy Policy Act of 2005. The HPS felt that 
     the controls under which HEU was exported were rigorous 
     enough to make the export acceptably safe when compared to 
     the prospect of not having a supply of Mo-99. This position 
     was influenced by the lack of any administration program or 
     congressional support for a program dedicated to the domestic 
     production of radioisotopes. The HPS still considers the 
     controls for export of HEU for production of radioisotopes to 
     be rigorous enough to make the risk of diversion for 
     terrorism, or other malicious use of the HEU to be 
     speculative. However, we feel that with appropriate 
     congressional support, the initiative to establish reliable 
     domestic production of Mo-99 will be successful within the 
     next ten years, making the need to export HEU unnecessary. 
     Therefore, we feel the export ban provisions will prove to be 
     extraneous and, therefore, do not form a basis for not 
     supporting H.R. 3276.
       I hope this letter is helpful in your considered 
     deliberation of action on H.R. 3276. Please do not hesitate 
     to contact me if you have any questions about this letter or 
     HPS support for H.R. 3276.
           Sincerely,
     Howard W. Dickson.
                                  ____

                                                February 23, 2010.
     Hon. Jeff Bingaman,
     Chairman,
     Washington, DC.
     Hon. Lisa Murkowski,
     Ranking Member,
     Washington, DC.
       Dear Chairman Bingaman and Ranking Member Murkowski: As a 
     coalition made up of the Society of Nuclear Medicine (SNM), 
     American Association of Physicists in Medicine (AAPM), 
     American College of Radiology (ACR), American Nuclear Society 
     (ANS), American Society of Nuclear Cardiology (ASNC), 
     American Society for Radiation Oncology (ASTRO), Health 
     Physics Society (HPS), Nuclear Energy Institute (NEI), 
     Academy of Molecular Imaging (AMI), the non-proliferation 
     community, Union of Concerned Scientists (UCS), National 
     Association of Nuclear Pharmacies (NANP) and the Council on 
     Radionuclides and Radiopharmaceuticals (CORAR), we ask that 
     you support the timely passage of H.R. 3276, the American 
     Medical Isotope Production Act of 2009. The Senate Energy and 
     Natural Resources Committee held a hearing on the bill 
     December 3, 2009, and unanimously approved the bill with an 
     amendment on December 16, 2009. We understand it is currently 
     on the Senate calendar but we are asking for your assistance 
     in bringing this legislation forward for action by the 
     Senate.
       H.R. 3276 is urgently needed legislation that would provide 
     the U.S. Department of Energy the authority to aid in the 
     domestic development of essential medical isotope production. 
     H.R. 3276 is intended to help ensure that U.S. patients have 
     a stable and reliable supply of diagnostic and therapeutic 
     medical isotopes within the next ten years, while converting 
     the production process to avoid highly enriched uranium 
     (HEU), in keeping with U.S. non-proliferation policy.
       The legislation would facilitate the adequate production of 
     isotopes without HEU prior to the restriction of HEU exports. 
     In the unexpected event that conversion were delayed, the 
     legislation provides for a waiver to permit continued HEU 
     exports to avoid a ``critical shortage'' of isotopes. The 
     legislation thus ensures both the supply of isotopes and the 
     timely phase out of HEU exports.
       Moreover, as you may know, on November 5, 2009, the House 
     passed H.R. 3276 by a vote of 400-17. Sponsored by 
     Representative Edward Markey (D-Mass.) and Representative 
     Fred Upton (R-Mich.), the Act is balanced, bipartisan 
     legislation that addresses the current shortfall in the 
     availability of critical medical isotopes that has had a high 
     negative impact on patients in the U.S.
       Molybdenum-99 (Mo-99) is a critical medical radioisotope 
     whose decay product Technetium-99m (Tc-99m) is used in more 
     than 16 million nuclear medicine procedures annually across 
     the nation. Physicians who use Tc-99m for the diagnosis of 
     common cancers, heart and other diseases, fully rely upon a 
     steady and predictable supply. The very

[[Page S191]]

     short six-hour half-life of Tc-99m, while beneficial to 
     patients and health care professionals, precludes any efforts 
     to maintain an inventory. In addition, the domestic supply of 
     Mo-99 (to produce Tc-99m-generators) is entirely dependent 
     upon aging foreign reactors that have faced extended 
     shutdowns for repair and maintenance.
       As a consequence, the U.S. supply has been repeatedly and 
     significantly disrupted. Many patients who need imaging with 
     Tc-99m-based radiopharmaceuticals are now facing lengthy 
     delays in the availability of nuclear medicine imaging, or 
     being forced to resort to alternative diagnostic and 
     therapeutic procedures that may involve the potential of more 
     invasive procedures (with possible higher clinical risks to 
     patients), greater radiation dosage, lower accuracy, and 
     higher costs.
       Additionally, the reliance on foreign reactors for the 
     supply of Mo-99 requires the U.S. to ship highly enriched 
     uranium, material of interest for use in nuclear terrorism, 
     out of the country. Domestic production of Mo-99 will 
     eliminate the risk that this nuclear material can be diverted 
     for terrorists' use, thus increasing the effectiveness of the 
     U.S. program for non-proliferation of nuclear materials.
       The coalition believes the initiative being led by the 
     National Nuclear Security Administration through the Global 
     Threat Reduction Initiative with oversight and interagency 
     coordination by the Office of Science and Technology Policy 
     has the capability to achieve the establishment of a reliable 
     domestic production of Mo-99 within the next ten years. The 
     Congress has appropriated sufficient support for fiscal year 
     2010. The remaining task is to obtain congressional support 
     through authorizing legislation that will serve as the 
     support and basis for the administration's program into the 
     future.
       In order to avoid compromising patient care and increasing 
     medical costs, a continuous and reliable supply of medical 
     radioisotopes is clearly essential. It is also critical that 
     domestic production capability for Mo-99 be developed. H.R. 
     3276 provides the needed support to accelerate the process of 
     conversion so that the industry can move even more 
     aggressively in this direction and be able to meet the time 
     frame highlighted in this bill.
       Senator, we hope you will join the patients, physicians, 
     nuclear non-proliferation community, radioisotope 
     manufacturers, and our coalition of professional 
     organizations to quickly enact H.R. 3276. We would welcome 
     the opportunity to answer any question you or your staff may 
     have about the bill or the medical isotope industry. Thank 
     you.
           Sincerely,
         Michael M. Graham, MD, President, SNM; Michael G. Herman, 
           Ph.D., FAAPM, FACMP, President, The American 
           Association of Physicists in Medicine, AAPM; James H. 
           Thrall, MD, FACR, Chair, Board of Chancellors, American 
           College of Radiology, ACR; Thomas Sanders, PhD, 
           President, American Nuclear Society, ANS; Mylan C. 
           Cohen, MD, MPH, President, American Society of Nuclear 
           Cardiology, ASNC; Laura Thevenot, CAE, Chief Executive 
           Officer, American Society for Radiation Oncology, 
           ASTRO; Howard W. Dickson, CHP, President, Health 
           Physics Society, HPS; Marvin S. Fertel, President and 
           Chief Executive Officer, Nuclear Energy Institute, NEI; 
           Timothy McCarthy, President, Academy of Molecular 
           Imaging, AMI; Alan J. Kuperman, Ph.D., Director, 
           Nuclear Proliferation Prevention Program, University of 
           Texas at Austin; Edwin S. Lyman, Senior Staff 
           Scientist, Union of Concerned Scientists; Jeff 
           Norenberg, PharmD, Executive Director, National 
           Association of Nuclear Pharmacies, NANP; Franklin B. 
           Yeager, Chairman, Council on Radionuclides & 
           Radiopharmaceuticals, CORAR.
                                 ______
                                 
      By Ms. COLLINS (for herself, Mr. Leahy, and Ms. Snowe):
  S. 112. A bill to authorize the application of State law with respect 
to vehicle weight limitations on the Interstate Highway System in the 
States of Maine and Vermont; to the Committee on Environment and Public 
Works.
  Ms. COLLINS. Mr. President, improving public safety, growing our 
economy, increasing energy independence, and protecting the environment 
have always been among my top priorities as a Senator. Today, the very 
first bill I am introducing in this new Congress will advance all of 
those goals by allowing the heaviest trucks to travel on our Federal 
interstate highways in Maine rather than being forced to use secondary 
roads and downtown streets.
  I am delighted to have the senior Senator from Vermont, Patrick 
Leahy, as my Democratic cosponsor, and my good friend and colleague 
from Maine, Olympia Snowe, also as an original cosponsor. Vermont has 
the same problem as we do in Maine. Thus the bill I am introducing 
applies to our two States.
  In 2009, I authored a law to establish a 1-year pilot project that 
allowed trucks weighing up to 100,000 pounds to travel on Maine's 
Federal interstates--I-95, 195, 295, and 395. According to the results 
of a preliminary study by the Maine Department of Transportation, this 
pilot project, which ran until mid-December of last year, helped to 
preserve and create jobs by allowing Maine's businesses to receive raw 
materials and to ship their products more economically.
  Also important, the pilot program improved safety, saved energy, and 
reduced carbon emissions. Let me give a specific example. On a trip 
from Hampden to Houlton, ME, the benefits are obvious. A truck 
traveling on I-95 rather than on Route 2 avoids more than 270 
intersections, 9 school crossings, 30 traffic lights, and 86 
crosswalks. In addition, the driver also saves more than $30 on fuel. 
Given the cost of diesel, it is probably even higher than that now. 
Additionally, 50 minutes is saved by traveling on Interstate 95 rather 
than on the secondary road of Route 2.
  Unfortunately, despite the clear success of this pilot project and 
the strong support of the administration and many of my colleagues in 
the Senate, the House of Representatives failed to include my provision 
making the pilot permanent in the Federal funding bill. As a result, 
for both Maine and Vermont, the program expired on December 17 and the 
heavy trucks are once again unable to use our most modern, safe, and 
efficient highways.
  It is important to emphasize that our legislation does not increase 
the size or the weight of trucks in our States. Maine law already 
allows trucks weighing up to 100,000 pounds to operate on State and 
municipal roads. Heavy trucks already operate on some 22,500 miles of 
non-Interstate roads in Maine, in addition to the approximately 167 
miles of the Maine turnpike. But the nearly 260 miles of non-turnpike 
interstates that are the major economic corridors in my State are off 
limits. This simply makes no sense.
  Furthermore, trucks weighing up to 100,000 pounds are already 
permitted on many Federal interstates in New Hampshire, Massachusetts, 
New York, and the neighboring provinces in Canada. So that puts Maine 
and Vermont at a distinct competitive disadvantage. All around us, the 
States and our Canadian counterparts allow the heavier trucks to use 
the Federal interstates, but unfortunately Maine and Vermont have been 
excluded. That is why my friend from Vermont, Senator Leahy, has joined 
me in this effort to help provide a level playing field for our States.

  Here are a few more important points about our bill.
  The 100,000-pound trucks are no larger or wider than 80,000-pound 
trucks. This change would remove an estimated 7.8 million truck miles 
from our local roads and streets. Increasing the truck payloads by 35 
percent would reduce the overall number of trucks needed. In addition 
to saving fuel by traveling fewer miles, the steady pace of interstate 
driving improves the fuel economy of trucks by 14 to 21 percent. And 
the Maine Department of Transportation's engineers say they are 
confident our interstate bridges are safe and can handle the additional 
weight in the State of Maine.
  Countless Maine small business owners have told me how this change 
would improve their competitiveness. For example, at a recent press 
conference, Keith Van Scotter discussed the savings his company accrued 
under the pilot project. Under the pilot project, his company Lincoln 
Paper and Tissue was able to save 1.1 million billable truck miles, a 
28 percent decrease from the year before. These savings are the 
equivalent of the company being 220 miles closer to its primary market. 
Also, the owner-operator of a logging business in Penobscot County said 
that being able to transport his pulpwood to the mill on I-95 rather 
than on secondary roads would save his company at least 118 gallons of 
fuel each week. That benefits not only this small business but also our 
Nation as we seek to reduce our overall fuel consumption and reduce 
carbon emissions.
  The pilot program has also made a dramatic improvement for some of 
our communities. According to the Maine DOT, before the pilot program 
began last December of 2009, more than 200 heavy trucks heading north 
on Route 201 crawled through downtown Vassalboro a small town of about 
4,000--each day even though I-95 runs

[[Page S192]]

parallel just a few miles away. During the span of the pilot program, 
the number of northbound trucks on Route 201 decreased by roughly 90 
percent. These trucks were using the interstate where they belong.
  I will tell you that since the pilot project expired, so many of my 
constituents have talked to me about the return of these heavy trucks 
to the residential neighborhoods in which they live, to downtown 
Portland, Orono, Brewer, Freeport, and other towns throughout our 
State. The fact is, this kind of road congestion caused by diverting 
these heavy trucks into downtowns and along secondary roads can lead to 
tragedy. A study conducted by a nationally recognized traffic 
consulting firm found that the crash rate of semitrailer trucks on 
Maine's secondary roads were 7 to 10 times higher than on the turnpike. 
It estimated that allowing these trucks to stay on the interstates 
could result in three fewer fatal crashes each year. Public safety 
agencies in Maine, including the Maine State Police, have long 
supported my efforts to bring about this change. In fact, Bangor's 
police chief joined me at a press conference last week where he spoke 
eloquently about the safety implications for downtown Bangor.
  In 2010, as a result of this pilot project, people throughout our 
State saw their roads less congested, our States safer, our air 
cleaner, and, most important, our businesses more competitive. That is 
why I am so committed to ensuring that these improvements are allowed 
to continue and are made permanent.
  This legislation simply is common sense. It will benefit our economy 
as well as lower fuel costs and make our roads safer for most tourists 
and pedestrians. Most important, we now have the concrete evidence from 
this pilot project showing why this bill should become law.
  I am grateful for the support and leadership of my colleague from 
Vermont and the steadfast support from Maine's senior Senator as well. 
I urge its swift passage. This is the highest priority I have for the 
State of Maine this year.
  Mr. President, I ask unanimous consent to have printed in the Record 
a number of letters I have received endorsing this bill. These letters 
are from the Maine Motor Transport Association, the City of Bangor's 
chief of police, the Professional Logging Contractors, the Northeast 
Region for the Forestry Resources Association, and from a well-known 
trucking firm in Maine, H.O. Bouchard.
  In addition, I expect to have a letter from the Governor of Maine 
later today that I will also ask unanimous consent to have printed in 
the Record.
                                  ____



                            Maine Motor Transport Association,

                                 Augusta, Maine, January 21, 2011.
     Hon. Susan Collins,
     U.S. Senate, Dirksen Senate Office Building, Washington, DC.
       Dear Senator Collins: Your introduction of the bill to 
     permanently increase the truck weight limit on Maine highways 
     comes as great news for the trucking industry, for shippers 
     and consumers who rely on efficient transportation of goods 
     and for the people of our state who utilize these roads. We 
     have heard from many of our members who were thrilled to 
     operate on the entire interstate system in Maine under the 
     recently-expired pilot project, as well as hearing from 
     citizens who live along the previously traveled truck routes 
     who were happy to have them off Maine's secondary roads. Your 
     support for this common sense solution has been tremendous 
     and we very much appreciate your continued efforts to educate 
     your peers in the Senate.
       As you know, when Federal Highway froze interstate weight 
     limits in 1998 and allowed the Maine Turnpike and southern 
     portions of 1-95 to be grandfathered, there was much concern 
     about the same things that concern some people from other 
     states now--safety and the impact on our infrastructure. 
     Results in Maine have shown these concerns were unnecessary 
     as there is ample proof of the improved safety and 
     infrastructure costs and all we ask is for Maine to close the 
     donut hole that puts us at a competitive disadvantage with 
     our neighbors all around us. New Hampshire, Massachusetts and 
     Canada already have permanently higher weight limits on their 
     entire interstate system which put our businesses at a 
     disadvantage, a fact not lost on the hundreds of small 
     trucking companies hauling raw materials to the few mills 
     still left in this state. A strong argument can be made that 
     this is an economic development issue with many jobs at stake 
     for the mills that rely on efficient transportation with both 
     their inbound freight and the outbound movement of goods to 
     markets outside Maine.
       Your proposal to allow for a more productive vehicle 
     configuration makes sense for both state and federal roads. 
     More efficient configurations mean fewer trucks on the road. 
     Fewer trucks on the road reduce engine emissions and promote 
     fuel conservation, all while lessening our dependence on 
     foreign oil. The whole notion that heavier trucks will use 
     more fuel and pollute more is inherently false, especially 
     since it would take approximately three trucks operating at 
     80,000 pounds to replace two trucks operating at 100,000 
     pounds to haul the same amount of freight.
       In fact, a study by the American Transportation Research 
     Institute (ATRI) commissioned by the Maine DOT found that the 
     fuel efficiency of these rigs would improve up to 21 percent 
     by allowing state weight limits on the entire highway system 
     and emissions would decrease from 6 to 11 percent. 
     Extrapolating their findings over an entire week resulted in 
     savings of as much as 675 gallons of fuel, up to 6.8 metric 
     tons of CO2 and almost 94 grams of Particulate Matter. Yes, 
     that's each week and only from trucks shifting from Route 9 
     to 1-95 once the weight limit exemption pilot project went 
     into effect. This efficiency has gone away now that the pilot 
     project has expired.
       Safety, however, is the most important reason to embrace 
     this pilot project and we are proud that the safety record of 
     the trucking industry continues to improve. Federal Highway 
     Administration statistics tracking truck-involved crashes has 
     shown consistent improvement by the trucking industry, with 
     current crash rates at the lowest levels since the U.S. 
     Department of Transportation began tracking large truck 
     safety records in 1975. Not resting on our accomplishments, 
     the trucking industry is actively working on ways we can 
     improve highway safety by improving driver performance with 
     rigorous licensing and training, focusing on equipment 
     improvements and by giving carriers access to the proper 
     tools that are critical for them to fulfill their 
     responsibility to the safety of the motoring public.
       Allowing these trucks to use the safer interstate system 
     would also decrease the interactions with other vehicles and 
     pedestrians if they are able to avoid secondary roads and 
     having to go past driveways and through towns to deliver 
     their goods that move the Maine economy. A four lane divided 
     highway with all traffic going in the same direction at 
     relatively the same speed has been statistically proven to be 
     the safer road for all vehicles--not just trucks.
       It's hard to find a topic that garners widespread and 
     bipartisan support these days when partisan bickering and 
     political polarization are the norm. This issue is not only 
     strongly supported by groups you would expect like the 
     trucking, oil dealers and forest products industries, but it 
     also finds support from the Maine Legislature, 
     municipalities, the Maine DOT, Maine Department of Public 
     Safety as well as the Maine State Police and many local and 
     regional chambers of commerce. We all may not see eye-to-eye 
     on every public policy issue, but we are in lock step on this 
     one.
       There may never be a better opportunity than now to enact a 
     permanent solution relative to vehicle productivity. The 
     Maine Motor Transport Association, our members and our 
     partner trade associations will work diligently to provide 
     you with additional statistics and information as they become 
     available. Your work on this issue, especially getting the 
     pilot project implemented last year, has not gone unnoticed 
     by our members and we continue to appreciate your efforts to 
     address it in your recently proposed bill.
       If Maine is going to be able to compete in a regional and 
     global economy, it is essential that we encourage efficient, 
     effective and safe transportation solutions such as the one 
     you have proposed. Thank you.
           Sincerely,
                                                   Brian D. Parke,
     President and CEO.
                                  ____

                                            City of Bangor, Maine,


                                            Police Department,

                                                 January 24, 2011.
     Hon. Susan Collins,
     Dirkson Senate Office Building,
     Washington, DC.
       Dear Senator Collins: First and foremost, thank you again 
     for being a champion for the effort to increase the truck 
     weight limits on Maine's interstate highways. Without your 
     diligence and dedication to this extremely important matter, 
     any further progress to correct the inconceivable injustice 
     of the current law would be most assuredly abandoned for the 
     foreseeable future. Your legislation, which would allow 
     trucks weighing up to 100,000 pounds on all of Maine's 
     Interstate highways, would correct this injustice once and 
     for all.
       I would like to reiterate what I have previously stated 
     regarding the present law that forces trucks weighing over 
     80,000 pounds off Maine's interstate highways. These trucks 
     do not belong on Maine's city streets and secondary roads, 
     just as they do not belong on those of New Hampshire, 
     Massachusetts, and New York. I, along with other Maine chiefs 
     of police across the state, believe that these trucks pose a 
     significant risk to the safety of citizens as they travel 
     upon the populated city streets and narrow and winding rural 
     roads of Maine's cities and towns. We have seen, first hand, 
     the dangers these trucks pose to Maine citizens as they 
     travel on our secondary roads. The constant changing of 
     speeds and their repeated starts and stops cause regular 
     disruption to the flow of local traffic, and their presence 
     have resulted in traffic accidents and tragedies.

[[Page S193]]

     During the winter months, Maine's secondary roads become much 
     narrower, rural roads are more slippery, and speed limits are 
     reduced, thereby increasing the danger to pedestrians and 
     other drivers. No matter how experienced the truck driver may 
     be, they cannot stop these trucks on a dime; they cannot 
     anticipate every situation that can occur in heavily 
     populated areas; and they cannot prevent the shifting of 
     their heavy loads from occurring.
       It is important to do everything possible to insure safety 
     for the public. Therefore, I offer my utmost support for your 
     legislation that will keep these heavy loads on Maine's 
     interstate highways where they belong. I continue to 
     encourage you and others, like Senator Leahy of Vermont, to 
     continue your efforts to keep these 100,000 pound trucks on 
     interstate highways, and off our local streets and rural 
     roads.
           Sincerely,
                                                 Ronald K. Gastia,
     Chief of Police.
                                  ____



                             Professional Logging Contractors,

                             New Gloucester, ME, January 24, 2011.
     Hon. Susan Collins,
     U.S. Senate, Dirksen Senate Office Building, Washington, DC.
       Dear Senator Collins: I am writing to express the 
     Professional Logging Contractors of Maine's full support for 
     your proposed legislation to permanently allow trucks 
     weighing up to 100,000 pounds to use federal Interstate 
     highways in Maine and Vermont.
       Our logger members rely on trucks to deliver their logs, 
     chips and biomass to market. We are surrounded by states and 
     provinces which allow higher Interstate truck weights, 
     putting loggers in rural Maine at a significant competitive 
     disadvantage. Many of our members are small business owners 
     for whom the increased costs of being forced to make longer, 
     less efficient trips on secondary roads could make the 
     difference between profitability and unprofitability. This 
     could lead some business owners to exit the market place, 
     costing jobs and placing an additional strain on wood 
     supplies.
       Interstate highways are designed and built to handle higher 
     truck weights and wherever possible trucks should be able to 
     utilize this system, taking unnecessary traffic off of state 
     and local highways and out of our communities. PLC of Maine 
     believes each state should have the right to adjust the 
     weight limits on Interstates within its borders to meet the 
     needs of its people.
       Last year's pilot project in Maine, allowing 100,000 pound 
     trucks to access Interstate highways, was tremendously 
     successful. The loss of the pilot in December was a real blow 
     to our loggers, the forest products industry, and our rural 
     communities as well.
       Restoring the terms of the pilot is one action Congress can 
     take that would immediately benefit industry and the public, 
     without imposing new burdens on taxpayers. The benefits of 
     the increased weight limits are clear:
       Safety--Fewer miles travelled, on safer roads, with reduced 
     contact with pedestrians, automobiles, rail crossings and 
     school zones;
       Environmental--Reduced fuel consumption, reduced emissions 
     from start and stops; and
       Economic--Reduced secondary road and bridge wear, improved 
     truck efficiency for loggers.
       Please let me know if there is anything the Professional 
     Logging Contractors of Maine can do to promote your 
     legislation. Thank you again for your continued support for 
     Maine's loggers.
           Sincerely,
                                             Michael A. Beardsley,
     Executive Director.
                                  ____

                                                  Forest Resources


                                            Association, Inc.,

                                     Holden, ME, January 21, 2011.
     Hon. Susan Collins,
     U.S. Senate, Dirksen Senate Office Building, Washington, DC.
       Dear Senator Collins: I am writing to express the Forest 
     Resources Association's full support for your proposed 
     legislation which would permanently allow trucks weighing up 
     to 100,000 pounds to use federal Interstate highways in Maine 
     and Vermont.
       Our members--forest landowners, loggers, truckers, wood-
     using mills, and associated businesses, as well as our 
     families and neighbors--all rely on safe and efficient 
     transportation of goods and services by truck for our 
     livelihoods.
       Our industry relies on trucks to deliver raw materials from 
     the forest to our mills and shipment of finished product to 
     market. We are surrounded by states and provinces which allow 
     higher Interstate truck weights, putting our industry in 
     rural Maine at a significant disadvantage.
       The federal Interstate system is designed and built to 
     handle these loads, as are Maine highways and wherever 
     possible trucks should be able to utilize this system, taking 
     unnecessary traffic off of state and local highways and out 
     of communities. FRA believes that, within reasonable 
     guidelines, each state should have the right to adjust weight 
     limits on Interstates within its borders to conform with its 
     needs.
       By all accounts, last year's pilot project in Maine and 
     Vermont allowing these trucks to access Interstate highways 
     was tremendously successful. Attached is a Forest Resources 
     Association Technical Release presenting testimony on the 
     pilot's benefits. The loss of the pilot in December was a 
     real blow to our industry and rural communities.
       Restoring the terms of the pilot is one action Congress can 
     take which immediately benefits both industry and the public 
     without imposing new burdens on taxpayers. The benefits are 
     clear:
       Safety Benefits--Fewer miles travelled, on safer roads, 
     with fewer exposures.
       Environmental Benefits--Reduced fuel usage, reduced 
     emissions.
       Economic Benefits--Reduced wear on secondary roads, 
     improved efficiency for haulers.
       Please let me know if there is anything FRA can do to 
     promote your legislation--and thanks again for your continued 
     support for Maine's forest products community .
           Sincerely,
                                                     Joel Swanton,
     Region Manager.
                                  ____

                                                     H.O. Bouchard


                                      Transportation Services,

                                    Hampden, ME, January 21, 2011.
     Hon. Susan Collins,
     Dirkson Senate Office Building,
     Washington, DC.
       Dear Senator Collins: I am writing on behalf of H.O. 
     Bouchard in favor of allowing trucks weighing up to 100,000 
     pounds gross vehicle weight on Interstates in Maine. We are a 
     major motor carrier in Maine whose fleet is made up of 6-axle 
     units transporting heavy bulk products throughout Maine, 
     Canada, New Hampshire, Massachusetts, Rhode Island and New 
     York. These products include: cement powder, liquid asphalt, 
     fuel oil, road salt, raw forest products, chemicals, logs and 
     machinery. We have done this safely for 27 years.
       I ask that you help those who are not from this area to 
     understand that the whole New England area (with the 
     exception of Vermont), New York and Canada allow up to at 
     least 99,000 pounds on 6 axle combination units. New York 
     allows more than 100,000 pounds and Canada allows more than 
     109,000 lbs. on 6 axles. The only areas that do not are a 
     very small slice of Maine that is Interstates 95, 295, 395 
     and interstates in Vermont. Presently the freight moves on 6 
     axle units, but on secondary roads. Commerce to and from 
     Bangor to Aroostook County must travel on secondary Route 2, 
     rather than 1-95, which runs parallel. To go the same 
     distance takes 50 minutes longer at a cost of approximately 
     $70.00 more. This is multiplied by hundreds of trips daily of 
     fuels, logs, lumber and many other consumer commodities. This 
     commercial traffic is very noticeable in all of the small 
     towns where the trucks must constantly stop and start for RR 
     crossings, crosswalks, school buses and emergency vehicles. 
     That same truck traffic was not even noticeable when it was 
     on the interstate, a road that can handle much more traffic 
     with ease. We have paid for the best roads and cannot use 
     them.
       The future of our nation must include increased 
     transportation productivity to keep from clogging highways 
     and slowing the economic recovery. Using 2 trucks to haul the 
     freight of 3 is a simple, safe, cost effective way to 
     accomplish this. Your proposal to allow 6-axle vehicles 
     weighing up to 100,000 pounds to use the interstate system in 
     Maine and Vermont (99,000) is all benefit at no cost. It is 
     simply good business.
       Thank you for your support in helping with this important 
     legislation.
           Sincerely,
                                                   Brian Bouchard,
                                                        President.
  Mr. LEAHY. Mr. President, I rise today with my good friends and 
neighbors from New England--Senators Susan Collins and Olympia Snowe 
from Maine--to introduce a bill that would allow Vermont and Maine to 
set the appropriate truck-weight standards on the interstates in their 
states.
  For too long, Vermont and Maine have been at a competitive 
disadvantage while our next-door neighbors in New York, New Hampshire, 
Massachusetts, and Quebec have enjoyed the economic benefits that come 
with higher highway truck weight limits. Due to these restrictions, the 
heaviest truck traffic in Vermont and Maine must travel over smaller 
and narrower roadways, creating significant safety concerns for 
pedestrians and motorists and putting pressure on our already 
overburdened secondary roads and bridges.
  That is why Senator Collins and I included language in the 2010 
transportation funding bill to implement pilot programs that allowed 
heavier trucks on interstates in Vermont and Maine for one year and 
studied the impacts of this policy change on highway safety, bridge and 
road durability, commerce, truck volumes, and energy use in Vermont.
  During the past year I have heard from a number of Vermont truckers, 
business owners, and state and local officials who support extending 
the pilot program because of the economic and safety benefits they saw 
when the trucks were on the Interstates. Most importantly, many 
Vermonters reported a significant reduction of heavy truck traffic in 
our downtowns and villages.
  Unfortunately, last month the leadership on the other side of the 
aisle

[[Page S194]]

blocked consideration of an omnibus budget bill that included a 
provision Senator Collins and I authored to extend the Vermont and 
Maine truck weight pilot programs for another year. This sudden and 
senseless reversal of a previous commitment to support the bill led to 
the end of the Vermont and Maine pilot programs in December.
  As a result the heaviest trucks in our states have been forced to 
divert back to secondary roads--and the negative economic impact of 
these trucks is once again being felt in downtowns and villages 
throughout Vermont and Maine.
  I am pleased to join with Senators Collins and Snowe in introducing 
this bipartisan bill today. It will stop overweight trucks from having 
to rumble through our historic villages and downtowns, and it will 
better protect our citizens and our ailing transportation 
infrastructure.
  I appreciate the support this legislation has received from the State 
of Vermont, the Vermont League of Cities and Towns, the Vermont Truck 
and Bus Association, the Vermont Petroleum Association, the Vermont 
Fuel Dealers Association, and many individual businesses and 
municipalities throughout Vermont.
                                 ______
                                 
      By Mr. LEAHY:
  S. 132. A bill to establish an Office of Forensic Science and a 
Forensic Science Board, to strengthen and promote confidence in the 
criminal justice system by ensuring consistency and scientific validity 
in forensic testing, and for other purposes; to the Committee on the 
Judiciary.
  Mr. LEAHY. Mr. President, I am proud today to introduce the Criminal 
Justice and Forensic Science Reform Act of 2011. This legislation is an 
important first step toward guaranteeing the effectiveness and 
scientific integrity of forensic evidence used in criminal cases, and 
in ensuring that Americans can have faith in their criminal justice 
system.
  In March of 2009, the Senate Judiciary Committee began its 
examination of serious issues concerning forensic science, which is at 
the heart of our criminal justice system. The Committee has studied the 
problem exhaustively, and has worked with a wide array of experts and 
stakeholders. The legislation I introduce today is a product of this 
process. It seeks to strengthen our confidence in the criminal justice 
system, and the evidence it relies upon, by ensuring that forensic 
evidence and testimony is accurate, credible, and scientifically 
grounded.
  The National Academy of Science published a report in February 2009 
asserting that the field of forensic science has significant problems 
that urgently need to be addressed. The report suggested that basic 
research establishing the scientific validity of many forensic science 
disciplines has never been done in a comprehensive way. It suggested 
that the forensic sciences lack uniform and unassailable standards 
governing the accreditation of laboratories, the certification of 
forensic practitioners, and the testing and analysis of evidence.
  The National Academy of Science's report was an urgent call to 
action. It has been hailed and widely cited since its release. It has 
also been criticized by many. I did not view the Academy's report as 
the final word on this issue, but rather as the starting point for a 
searching review of the state of forensic science in this country.
  Last Congress, the Judiciary Committee held two hearings on the 
issue. Committee members and staff spent countless hours talking to 
prosecutors, defense attorneys, law enforcement officers, judges, 
forensic practitioners, academic experts, and many, many others to 
learn as much as we could about what is happening in the forensic 
sciences and what needs to be done.
  As this effort has progressed, I have been disturbed to learn about 
still more cases in which innocent people may have been convicted, and 
perhaps even executed, in part due to faulty forensic evidence. It is a 
double tragedy when an innocent person is convicted. An innocent person 
suffers, and a guilty person remains free, leaving us all less safe. We 
must do everything we can to avoid that untenable outcome.
  At the same time, through the course of this inquiry, it has become 
abundantly clear that the men and women who test and analyze forensic 
evidence do tremendous work that is vital to our criminal justice 
system. I remember their important contributions and hard work from my 
days as a prosecutor, when some of the forensic disciplines we have now 
did not even exist. Their work is even more important today, and we 
need to strengthen the field of forensics--and the justice system's 
confidence in it--so that their hard work can be consistently relied 
upon, as it should be.
  It is beyond question that everyone recognizes the need for forensic 
evidence that is accurate and reliable. Prosecutors and law enforcement 
officers want evidence that can be relied upon to determine guilt and 
prove it beyond a reasonable doubt in a court of law. Defense attorneys 
want strong evidence that can be used to exclude innocent people from 
suspicion. Forensic science practitioners want their work to have as 
much certainty as possible and to be given deserved deference. All 
scientists and all attorneys who care about these issues want the 
science that is admitted as evidence in the courtroom to match the 
science that is proven through rigorous testing and research in the 
laboratory.
  There is also general agreement that the forensic sciences can be 
improved through strong and unassailable research to test and establish 
the validity of the forensic disciplines, as well as the application of 
consistent and regular standards in the field. There is a dire need for 
well managed and appropriately directed funding for research, 
development, training, and technical assistance. It is a good 
investment, as it will lead to fewer trials and appeals, and will 
reduce crime by ensuring that those who commit serious offenses are 
promptly captured and convicted.
  There is also broad consensus that all forensic laboratories should 
be required to meet rigorous accreditation standards and that forensic 
practitioners should be required to obtain meaningful certification.
  The bill I introduce today seeks to address these widely recognized 
needs. It requires that all forensic science laboratories that receive 
Federal funding or Federal business be accredited according to rigorous 
standards. It requires all relevant personnel who perform forensic work 
for any laboratory or agency that gets Federal money to become 
certified in their fields, which will mean meeting basic proficiency, 
education, and training requirements.
  The bill sets up a rigorous process to determine the most serious 
needs for research to establish the basic validity of the forensic 
disciplines, and establishes grant programs to provide for peer-
reviewed scientific research to answer fundamental questions and 
promote innovation. It also sets up a process for this research to lead 
to appropriate standards and best practices in each discipline. The 
bill funds research into new technologies and techniques that will 
allow forensic testing to be done more quickly, more efficiently, and 
more accurately. I believe these are proposals that will be widely 
supported by those on all sides of this issue.
  There have been of course some areas of disagreement, particularly as 
to who should oversee these vital reforms to the field of forensics. 
Some have argued that, because the purpose of forensic science is 
primarily to produce evidence to be used in the investigation and 
prosecution of criminal cases, it is vital that those regulating and 
evaluating forensics must have expertise in criminal justice. They have 
said that at the Federal level, the Department of Justice is the 
natural place for an office to examine and oversee the forensic 
sciences and have emphasized the need for forensic science 
practitioners to have substantial input in evaluating research and 
standards.
  Others have argued that, for forensic science to truly engender our 
trust and confidence, its validity must be established by independent 
scientific research, and standards must be determined by scientists 
with no possible conflict of interest. They have argued for protections 
to ensure independent scientific decision making, as well as the 
significant involvement of Federal scientific agencies.

[[Page S195]]

  I find both of these arguments persuasive. I know firsthand the 
importance of understanding how the criminal justice system works when 
evaluating the needs and practices in forensic science. I also 
understand that it is absolutely essential that forensic science be 
grounded in independent scientific research in order to avoid any 
question of convictions being based on faulty forensic work.
  This legislation attempts to address both of these concerns with a 
hybrid structure that ensures both criminal justice expertise and 
scientific independence. It establishes an Office of Forensic Science 
in the Office of the Deputy Attorney General within the Department of 
Justice. That office will have a Director who will make all final 
decisions about research priorities, standards, and structure and who 
will implement and enforce the systems set up by the legislation.
  It also establishes a Forensic Science Board composed of forensic and 
academic scientists, prosecutors and defense attorneys, and other key 
stakeholders. The Board will have a careful balance, and a majority of 
its members will be scientists. It will recommend all research 
priorities and standards and other key definitions and structures 
before the Director of the Office of Forensic Science makes a decision. 
The bill will include important protections to encourage the Director 
to defer to the recommendations of the Board and to ensure that he or 
she explains to Congress and to the public, with opportunities for 
comment, any decision to disregard the Board's recommendations.
  The bill also establishes committees of scientists to examine each 
individual forensic science discipline to determine research needs and 
standards. It includes protections to ensure that the committees' 
recommendations receive significant deference, and the committees will 
be overseen by the National Institute of Standards and Technology, 
NIST, a respected scientific agency. NIST will also implement grant 
programs for research into the forensic sciences premised on the 
research priorities established by the Forensic Science Board and the 
Office of Forensic Science. The National Science Foundation will help 
to ensure that the grant programs are run properly, with rigorous 
scientific peer review and without any bias.
  This bill aims to carefully balance the competing considerations that 
are so important to getting a review of forensics right. It also 
capitalizes on existing expertise and structures, rather than calling 
for the creation of a costly new agency. It seeks to proceed modestly 
and cost effectively, with ample oversight, checks, and controls. I am 
committed to exploring ways to use existing resources so that this 
urgent work will not negatively impact the budget. Ultimately, 
improvements in the forensic sciences will save money, reduce the 
number of costly appeals, shorten investigations and trials, and help 
to eliminate wrongful imprisonments.
  I understand that sweeping forensic reform and criminal justice 
reform legislation not only should, but must, be bipartisan. There is 
no reason for a partisan divide on this issue; fixing this problem does 
not advance the interests of only prosecutors or defendants, or of 
Democrats or Republicans, but the interests of justice. I have worked 
closely with interested Republican Senators on this vital issue. I will 
continue to work diligently with Senators on both sides of the aisle to 
ensure that this becomes the consensus bipartisan legislation that it 
ought to be. I hope many will cosponsor this legislation, and work with 
me to ensure its passage.
  I want to thank the forensic science practitioners, experts, 
advocates, law enforcement personnel, judges, and so many others whose 
input forms the basis for this legislation. Your passion for this issue 
and for getting it right gives me confidence that we will work together 
successfully to make much needed progress.
  I hope all Senators will join me in advancing this important 
legislation to bolster confidence in the forensic sciences and the 
criminal justice system.
  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. 132

       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 ``Criminal 
     Justice and Forensic Science Reform Act of 2011''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Purpose.

                    TITLE I--STRUCTURE AND OVERSIGHT

Sec. 101. Office of Forensic Science.
Sec. 102. Forensic Science Board.
Sec. 103. Committees.
Sec. 104. Authorization of appropriations.

        TITLE II--ACCREDITATION OF FORENSIC SCIENCE LABORATORIES

Sec. 201. Accreditation of forensic science laboratories.
Sec. 202. Standards for laboratory accreditation.
Sec. 203. Administration and enforcement of accreditation program.

         TITLE III--CERTIFICATION OF FORENSIC SCIENCE PERSONNEL

Sec. 301. Definitions.
Sec. 302. Certification of forensic science personnel.
Sec. 303. Standards for certification.
Sec. 304. Administration and review of certification program.
Sec. 305. Grants and technical assistance.

                           TITLE IV--RESEARCH

Sec. 401. Research strategy and priorities.
Sec. 402. Research grants.
Sec. 403. Oversight and review.
Sec. 404. Public-private collaboration.

                 TITLE V--STANDARDS AND BEST PRACTICES

Sec. 501. Development of standards and best practices.
Sec. 502. Establishment and dissemination of standards and best 
              practices.
Sec. 503. Review and oversight.

TITLE VI--ADDITIONAL RESPONSIBILITIES OF THE OFFICE OF FORENSIC SCIENCE 
                     AND THE FORENSIC SCIENCE BOARD

Sec. 601. Forensic science training and education for judges, 
              attorneys, and law enforcement personnel.
Sec. 602. Educational programs in the forensic sciences.
Sec. 603. Medical-legal death examination.
Sec. 604. Inter-governmental coordination.
Sec. 605. Anonymous reporting.
Sec. 606. Interoperability of databases and technologies.
Sec. 607. Code of ethics.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the term ``Board'' means the Forensic Science Board 
     established under section 102(a);
       (2) the term ``Committee'' means a committee established 
     under section 103(a)(2);
       (3) the term ``Deputy Director'' means the Deputy Director 
     of the Office;
       (4) the term ``Director'' means the Director of the Office;
       (5) the term ``forensic science discipline'' shall have the 
     meaning given that term by the Director in accordance with 
     section 102(h);
       (6) the term ``forensic science laboratory'' shall have the 
     meaning given that term by the Director in accordance with 
     section 201(c);
       (7) the term ``Office'' means the Office of Forensic 
     Science established under section 101(a); and
       (8) the term ``relevant personnel'' shall have the meaning 
     given that term by the Director in accordance with section 
     301(b).

     SEC. 3. PURPOSE.

       The purpose of this Act is to strengthen and promote 
     confidence in the criminal justice system by promoting 
     standards and best practices and ensuring consistency, 
     scientific validity, and accuracy with respect to forensic 
     testing, analysis, identification, and comparisons, the 
     results of which may be interpreted, presented, or otherwise 
     used during the course of a criminal investigation or 
     criminal court proceeding.

                    TITLE I--STRUCTURE AND OVERSIGHT

     SEC. 101. OFFICE OF FORENSIC SCIENCE.

       (a) In General.--There is established an Office of Forensic 
     Science within the Office of the Deputy Attorney General in 
     the Department of Justice.
       (b) Officers and Staff.--
       (1) In general.--The Office shall include--
       (A) a Director, who shall be appointed by the Attorney 
     General;
       (B) a Deputy Director, who shall be--
       (i) an employee of the National Institute of Standards and 
     Technology;
       (ii) selected by the Director of the National Institute of 
     Standards and Technology; and
       (iii) detailed to the Office on a reimbursable basis;
       (C) such additional staff detailed on a reimbursable basis 
     from the National Institute of Standards and Technology as 
     the Deputy Director, in consultation with the Director and 
     subject to the approval of the Director of the National 
     Institute of Standards and Technology, determines 
     appropriate; and
       (D) such other officers and staff as the Deputy Attorney 
     General, the Director, and the Deputy Director determine 
     appropriate.
       (2) Deadline.--Not later than 180 days after the date of 
     enactment of this Act, the

[[Page S196]]

     initial appointments, selections, and detailing under 
     paragraph (1) shall be made.
       (c) Vacancy.--In the event of a vacancy in the position of 
     Director--
       (1) the Attorney General shall designate an acting 
     Director; and
       (2) during any period of vacancy before designation of an 
     acting Director, the Deputy Attorney General shall serve as 
     acting Director.
       (d) Liaison.--The Director of the National Science 
     Foundation, in consultation with the Director and the Deputy 
     Director, shall designate a liaison at the National Science 
     Foundation to facilitate communication between the Office and 
     the National Science Foundation.
       (e) Duties and Authority.--
       (1) In general.--The Office shall--
       (A) assist the Board in carrying out all the functions of 
     the Board under this Act and such other related functions as 
     are necessary to perform the functions; and
       (B) evaluate and act upon the recommendations of the Board 
     in accordance with paragraph (4).
       (2) Specific responsibilities.--The Director, in 
     consultation with the Deputy Director, shall--
       (A) establish, implement, and enforce accreditation and 
     certification standards under titles II and III;
       (B) establish a comprehensive strategy for scientific 
     research in the forensic sciences under title IV;
       (C) establish and implement standards and best practices 
     for forensic science disciplines under title V;
       (D) define the term ``forensic science discipline'' for the 
     purposes of this Act in accordance with section 102(h);
       (E) establish and maintain a list of forensic science 
     disciplines in accordance with section 102(h);
       (F) establish Committees in accordance with section 103;
       (G) define the term ``forensic science laboratory'' for the 
     purposes of this Act in accordance with section 201(c); and
       (H) perform all other functions of the Office under this 
     Act and such other related functions as are necessary to 
     perform the functions of the Office described in this Act.
       (3) Additional responsibilities of deputy director.--The 
     Deputy Director, in consultation with the Director of the 
     National Institute of Standards and Technology, shall 
     oversee--
       (A) the implementation of any standard, protocol, 
     definition, or other material established or amended based on 
     a recommendation by a Committee; and
       (B) the work of the Committees.
       (4) Consideration of recommendations.--
       (A) In general.--Upon receiving a recommendation from the 
     Board, the Director shall--
       (i) give substantial deference to the recommendation; and
       (ii) not later than 90 days after the date on which the 
     Director receives the recommendation, determine whether to 
     adopt, modify, or reject the recommendation.
       (B) Modification.--
       (i) In general.--If the Director determines to 
     substantially modify a recommendation under subparagraph (A), 
     the Director shall immediately notify the Board of the 
     proposed modification.
       (ii) Board recommendation.--Not later than 30 days after 
     the date on which the Director provides notice to the Board 
     under clause (i), the Board shall submit to the Director a 
     recommendation on whether the proposed modification should be 
     adopted.
       (iii) Acceptance of modification.--If the Board recommends 
     that a proposed modification should be adopted under clause 
     (ii), the Director may implement the modified recommendation.
       (iv) Rejection of modification.--If the Board recommends 
     that a proposed modification should not be adopted under 
     clause (ii), the Director shall, not later than 10 days after 
     the date on which the Board makes the recommendation--

       (I) provide notice and an explanation of the modification 
     proposed to the Committee on the Judiciary and the Committee 
     on Commerce, Science, and Transportation of the Senate and 
     the Committee on the Judiciary and the Committee on Science 
     and Technology of the House of Representatives; and
       (II) begin a rulemaking on the record after opportunity for 
     an agency hearing.

       (C) Rejection.--Not later than 30 days after the date on 
     which the Director determines to reject a recommendation 
     under subparagraph (A), the Director shall--
       (i) provide notice and an explanation of the decision to 
     the Committee on the Judiciary and the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on the Judiciary and the Committee on Science and Technology 
     of the House of Representatives; and
       (ii) begin a rulemaking on the record after opportunity for 
     an agency hearing.
       (f) Website.--The Director shall--
       (1) establish a website that is publicly accessible; and
       (2) publish recommendations of the Board and all standards, 
     protocols, definitions, and other materials established, or 
     amended, by the Director under this Act on the website.

     SEC. 102. FORENSIC SCIENCE BOARD.

       (a) In General.--There is established a Forensic Science 
     Board to serve as an advisory board regarding forensic 
     science in order to strengthen and promote confidence in the 
     criminal justice system by promoting standards and best 
     practices and ensuring consistency, scientific validity, and 
     accuracy with respect to forensic testing, analysis, 
     identification, and comparisons, the results of which may be 
     interpreted, presented, or otherwise used during the course 
     of a criminal investigation or criminal court proceeding.
       (b) Appointment.--
       (1) In general.--The Board shall be composed of 19 members, 
     who shall--
       (A) be appointed by the President not later than 180 days 
     after the date of enactment of this Act; and
       (B) come from professional communities that have expertise 
     relevant to and significant interest in the field of forensic 
     science.
       (2) Consideration and consultation.--In making an 
     appointment under paragraph (1), the President shall--
       (A) consider the need for the Board to exercise independent 
     scientific judgment;
       (B) consider, among other factors, recommendations from 
     leading scientific organizations and leading professional 
     organizations in the field of forensic science and other 
     relevant fields; and
       (C) consult with the Chairman and Ranking Member of the--
       (i) Committee on the Judiciary and the Committee on 
     Commerce, Science, and Transportation of the Senate; and
       (ii) the Committee on the Judiciary and the Committee on 
     Science and Technology of the House of Representatives.
       (3) Requirements.--The Board shall include--
       (A) not fewer than 10 members who have comprehensive 
     scientific backgrounds, of which--
       (i) not fewer than 5 members have extensive experience or 
     background in scientific research; and
       (ii) not fewer than 5 members have extensive experience or 
     background in forensic science; and
       (B) not fewer than 1 member from each category described in 
     paragraph (4).
       (4) Categories.--The categories described in this paragraph 
     are--
       (A) judges;
       (B) Federal Government officials;
       (C) State and local government officials;
       (D) prosecutors;
       (E) law enforcement officers;
       (F) criminal defense attorneys;
       (G) organizations that represent people who may have been 
     wrongly convicted;
       (H) practitioners in forensic laboratories;
       (I) physicians with relevant expertise; and
       (J) State laboratory directors.
       (5) Fulfillment of multiple requirements.--An individual 
     may fulfill more than 1 requirement described in paragraph 
     (3) or (4).
       (6) Ex officio members.--The Director and the Deputy 
     Director shall serve as ex officio and nonvoting members of 
     the Board.
       (c) Terms.--
       (1) In general.--A member of the Board shall be appointed 
     for a term of 6 years.
       (2) Exception.--Of the members first appointed to the 
     Board--
       (A) 6 members shall serve a term of 2 years;
       (B) 6 members shall serve a term of 4 years; and
       (C) 7 members shall serve a term of 6 years.
       (3) Renewable term.--A member of the Board may be appointed 
     for not more than a total of 2 terms, including an initial 
     term described in paragraph (2).
       (4) Vacancies.--
       (A) In general.--In the event of a vacancy, the President 
     may appoint a member to fill the remainder of the term.
       (B) Additional term.--A member appointed under subparagraph 
     (A) may be reappointed for 1 additional term.
       (5) Holdovers.--If a successor has not been appointed at 
     the conclusion of the term of a member of the Board, the 
     member of the Board may continue to serve until--
       (A) a successor is appointed; or
       (B) the member of the Board is reappointed.
       (d) Responsibilities.--The Board shall--
       (1) make recommendations to the Director relating to 
     research priorities and needs, accreditation and 
     certification standards, standards and protocols for forensic 
     science disciplines, and any other issue consistent with this 
     Act;
       (2) monitor and evaluate--
       (A) the administration of accreditation, certification, and 
     research programs and procedures established under this Act; 
     and
       (B) the operation of the Committees;
       (3) review and update, as appropriate, any recommendations 
     made under paragraph (1); and
       (4) perform all other functions of the Board under this Act 
     and such other related functions as are necessary to perform 
     the functions of the Board.
       (e) Consultation.--The Board shall consult as appropriate 
     with the Deputy Attorney General, the Director of the 
     National Institute of Standards and Technology, the Director 
     of the National Science Foundation, the Director of the 
     National Institute of Justice, the Director of the Centers 
     for Disease Control and Prevention, senior officials from 
     other relevant Federal agencies, and relevant officials of 
     State and local government.
       (f) Meetings.--
       (1) In general.--The Board shall hold not fewer than 4 
     meetings of the full Board each year.
       (2) Requirements.--
       (A) Notice.--The Board shall provide public notice of any 
     meeting of the Board a reasonable period in advance of the 
     meeting.

[[Page S197]]

       (B) Open meetings.--A meeting of the Board shall be open to 
     the public.
       (C) Quorum.--A majority of the members of the Board shall 
     be present for a quorum to conduct business.
       (g) Votes.--
       (1) In general.--Decisions of the Board shall be made by an 
     affirmative vote of not less than \2/3\ of the members of the 
     Board voting.
       (2) Voting procedures.--
       (A) Recorded.--All votes of the Board shall be recorded.
       (B) Remote and proxy voting.--If necessary, a member of the 
     Board may cast a vote--
       (i) over the phone or through electronic mail or other 
     electronic means if the vote is scheduled to take place 
     during a time other than a full meeting of the Board; and
       (ii) over the phone or by proxy if the vote is scheduled to 
     take place during a full meeting of the Board.
       (h) Definition of Forensic Science Discipline.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Board shall--
       (A) develop a recommended definition of the term ``forensic 
     science discipline'' for purposes of this Act, which shall 
     encompass disciplines with a sufficient scientific basis that 
     involve forensic testing, analysis, identification, or 
     comparisons, the results of which may be interpreted, 
     presented, or otherwise used during the course of a criminal 
     investigation or criminal court proceeding;
       (B) develop a recommended list of forensic science 
     disciplines for purposes of this Act; and
       (C) submit the recommended definition and proposed list of 
     forensic science disciplines to the Director.
       (2) Consideration.--In developing a recommended list of 
     forensic science disciplines under paragraph (1)(B), the 
     Board shall consider each field from which courts in criminal 
     cases hear forensic testimony or admit forensic evidence.
       (3) Exclusion from list.--If the Board recommends that a 
     field should not be included on the list submitted under 
     paragraph (1) because the field has insufficient scientific 
     basis on the date of the recommendation of the Board, the 
     Board shall publish an explanation of the recommendation, 
     which--
       (A) shall be published on the website of the Board; and
       (B) may include a finding that a field could be recognized 
     as a forensic science discipline, based on additional 
     research.
       (4) Establishment.--After the Director receives the 
     recommendation of the Board under paragraph (1), the Director 
     shall, in accordance with section 101(e)(4), establish a 
     definition for the term ``forensic science discipline'', and 
     shall establish a list of forensic science disciplines.
       (5) Annual evaluation.--On an annual basis, the Board 
     shall--
       (A) evaluate--
       (i) whether any field should be added to the list of 
     forensic science disciplines established under paragraph (4); 
     and
       (ii) whether any field on the list of forensic science 
     disciplines established under paragraph (4) should be 
     modified or removed; and
       (B) submit the evaluation conducted under subparagraph (A), 
     including any recommendations, to the Director.
       (i) Staff.--
       (1) In general.--The Board may, without regard to the civil 
     service laws and regulations, appoint and terminate an 
     executive director and such other additional personnel as may 
     be necessary to enable the Board to perform the duties of the 
     Board.
       (2) Compensation.--The Board may fix the compensation of 
     the executive director and other personnel appointed under 
     paragraph (1) without regard to the provisions of chapter 51 
     and subchapter III of chapter 53 of title 5, United States 
     Code, relating to classification of positions and General 
     Schedule pay rates, except that the rate of pay for the 
     executive director and other personnel may not exceed the 
     rate payable for level V of the Executive Schedule under 
     section 5316 of such title.
       (3) Personnel as federal employees.--
       (A) In general.--Any personnel of the Board who are 
     employees shall be employees under section 2105 of title 5, 
     United States Code, for purposes of chapters 63, 81, 83, 84, 
     24 85, 87, 89, 89A, 89B, and 90 of that title.
       (B) Members of the board.--Subparagraph (A) shall not be 
     construed to apply to members of the Board.
       (4) Procurement of temporary and intermittent services.--
     The Board may procure temporary and intermittent services 
     under section 3109(b) of title 5, United States Code, at 
     rates for individuals which do not exceed the daily 
     equivalent of the annual rate of basic pay prescribed for 
     level V of the Executive Schedule under section 5316 of such 
     title.
       (5) Voluntary services.--Notwithstanding section 1342 of 
     title 31, United States Code, the Board may accept and use 
     voluntary and uncompensated services for the Board as the 
     Board determines necessary.
       (j) Reports to Congress.--Not later than 2 years after the 
     date of enactment of this Act, and every 2 years thereafter, 
     the Board shall submit to Congress a report describing the 
     work of the Board and the work of each Committee, which shall 
     include a description of any recommendations, decisions, and 
     other significant materials generated during the 2-year 
     period.
       (k) Applicability of the Federal Advisory Committee Act.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     Federal Advisory Committee Act (5 U.S.C. App.) shall apply to 
     the Board.
       (2) Termination provision.----Section 14(a)(2) of the 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Board.
       (3) Compensation of members.--Members of the Board shall 
     serve without compensation for services performed for the 
     Board.
       (4) Travel expenses.--The members of the Board shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Board.
       (5) Designated federal officer.--In accordance with the 
     Federal Advisory Committee Act (5 U.S.C. App.), the Director 
     shall--
       (A) serve as the designated Federal officer; and
       (B) designate a committee management officer for the Board.

     SEC. 103. COMMITTEES.

       (a) Establishment and Maintenance of Committees.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Board shall issue recommendations 
     to the Director relating to--
       (A) the number of Committees that shall be established to 
     examine research needs, standards and best practices, and 
     certification standards for the forensic science disciplines, 
     which shall be--
       (i) not fewer than 1; and
       (ii) sufficient to allow the Committees to function 
     effectively;
       (B) the scope of responsibility for each Committee 
     recommended to be established, which shall ensure that each 
     forensic science discipline is addressed by a Committee;
       (C) what the relationship should be between the Committees 
     and any scientific working group or technical working group 
     that has a similar scope of responsibility; and
       (D) whether any Committee should consider any field not 
     recognized as a forensic science discipline for the purpose 
     of determining whether there is research that could be 
     conducted and used to form the basis for establishing the 
     field as a forensic science discipline.
       (2) Establishment.--After the Director receives the 
     recommendations of the Board under paragraph (1), the 
     Director, in coordination with the Deputy Director, shall--
       (A) in accordance with section 101(e)(4), establish--
       (i) Committees to examine research needs, standards, and 
     best practices, and certification standards for the forensic 
     science disciplines, which shall be not fewer than 1; and
       (ii) a clear scope of responsibility for each Committee; 
     and
       (B) publish a list of the Committees and the scope of 
     responsibility for each Committee on the website for the 
     Office.
       (3) Annual evaluation.--The Board, on an annual basis, 
     shall--
       (A) evaluate--
       (i) whether any new Committees should be established;
       (ii) whether the scope of responsibility for any Committee 
     should be modified; and
       (iii) whether any Committee should be discontinued;
       (B) submit any recommendations relating to the evaluation 
     conducted under subparagraph (A) to the Director and Deputy 
     Director.
       (4) Updates.--Upon receipt of any recommendations from the 
     Board under paragraph (3), the Director shall, in accordance 
     with section 101(e)(4), determine whether to establish, 
     modify the scope of, or discontinue any Committee.
       (b) Membership.--
       (1) In general.--Each Committee shall--
       (A) consist of not more than 21 members--
       (i) each of whom shall be a scientist with knowledge 
     relevant to a forensic science discipline addressed by the 
     Committee; and
       (ii) not less than 50 percent of whom shall have extensive 
     experience or background in scientific research;
       (B) have a number of members who have extensive experience 
     or background in the forensic sciences sufficient to ensure 
     that the Committee has an adequate understanding of the 
     factors and needs unique to the forensic sciences; and
       (C) have a membership that represents a variety of 
     scientific disciplines, including the forensic sciences.
       (2) Definition.--In this subsection, the term ``scientist'' 
     includes--
       (A) a statistician with a scientific background; and
       (B) a physician with expertise in forensic sciences.
       (c) Appointment.--
       (1) In general.--The Deputy Director, in consultation with 
     the Board, shall appoint the members of each Committee.
       (2) Consideration.--In appointing members to a Committee 
     under paragraph (1), the Deputy Director shall consider--
       (A) the importance of analysis from scientists with 
     academic backgrounds; and
       (B) the importance of input from experienced forensic 
     practitioners.
       (3) Vacancies.--In the event of a vacancy, the Deputy 
     Director, in consultation with

[[Page S198]]

     the Board, may appoint a member to fill the remainder of the 
     term.
       (4) Holdovers.--If a successor has not been appointed at 
     the conclusion of the term of a member of the Committee, the 
     member of the Committee may continue to serve until--
       (A) a successor is appointed; or
       (B) the member of the Committee is reappointed.
       (d) Terms.--A member of a Committee shall serve for 
     renewable terms of 4 years.
       (e) Support and Oversight.--
       (1) In general.--The National Institute of Standards and 
     Technology shall provide support and staff for each Committee 
     as needed.
       (2) Duties and oversight.--The Deputy Director shall--
       (A) perform periodic oversight of each Committee; and
       (B) report any concerns about the performance or 
     functioning of a Committee to the Board and the Director.
       (3) Failure to comply.--If a Committee fails to produce 
     recommendations within the time periods required under this 
     Act, the Deputy Director and the Director of the National 
     Institute of Standards and Technology shall work with the 
     Committee to assist the Committee in producing the required 
     recommendations in a timely manner.
       (f) Duties.--
       (1) In general.--A Committee shall have the duties and 
     responsibilities set out in this Act, and shall perform any 
     other functions determined appropriate by the Board and the 
     Deputy Director.
       (2) Committee decisions and recommendations.--
       (A) In general.--A Committee shall submit recommendations 
     and all recommended standards, protocols, or other materials 
     developed by the Committee to the Board for evaluation.
       (B) Prohibition of modification of decisions and 
     recommendations.--Any recommendations of a Committee and any 
     recommended standards, protocols, or other materials 
     developed by a Committee may be approved or disapproved by 
     the Board, but may not be modified by the Board.
       (C) Approval of decisions and recommendations.--If the 
     Board approves a recommendation or recommended standard, 
     protocol, or other material submitted by a Committee under 
     subparagraph (A), the Board shall submit the recommendation 
     or recommended standard, protocol, or other material as a 
     recommendation of the Board, to the Director and Deputy 
     Director for consideration in accordance with section 
     101(e)(4).
       (D) Disapproval of decisions and recommendations.--If the 
     Board disapproves of any recommendation of a Committee or 
     recommended standard, protocol, or other material developed 
     by a Committee--
       (i) the Board shall provide in writing the reason for the 
     disapproval of the recommendation or recommended standard, 
     protocol, or other material;
       (ii) the Committee shall withdraw the recommendation or 
     recommended standard, protocol, or other material developed 
     by the Committee; and
       (iii) the Committee may submit a revised recommendation or 
     recommended standard, protocol, or other material.
       (g) Meetings.--
       (1) In general.--A Committee shall hold not fewer than 4 
     meetings of the full Committee each year.
       (2) Requirements.--
       (A) Notice.--A Committee shall provide public notice of any 
     meeting of the Committee a reasonable period in advance of 
     the meeting.
       (B) Open meetings.--A meeting of a Committee shall be open 
     to the public.
       (C) Quorum.--A majority of members of a Committee shall be 
     present for a quorum to conduct business.
       (h) Votes.--
       (1) In general.--Decisions of a Committee shall be made by 
     an affirmative vote of not less than \2/3\ of the members of 
     the Committee voting.
       (2) Voting procedures.--
       (A) Recorded.--All votes taken by a Committee shall be 
     recorded.
       (B) Remote and proxy voting.--If necessary, a member of the 
     Committee may cast a vote--
       (i) over the phone or through electronic mail if the vote 
     is scheduled to take place during a time other than a full 
     meeting of the Committee; and
       (ii) over the phone or by proxy if the vote is scheduled to 
     take place during a full meeting of the Committee.
       (i) Applicability of the Federal Advisory Committee Act.--
       (1) In general.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to a Committee.
       (2) Compensation of members.--Members of a Committee shall 
     serve without compensation for services performed for the 
     Committee.
       (3) Travel expenses.--The members of a Committee shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Committee.

     SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated--
       (1) $15,000,000 for each of fiscal years 2012 through 2016 
     for the operation and staffing of the Office;
       (2) $5,000,000 for each of fiscal years 2012 through 2016 
     for the operation and staffing of the Board;
       (3) $15,000,000 for each of fiscal years 2012 through 2016 
     for the operation and staffing of the Committees; and
       (4) $5,000,000 for each of fiscal years 2012 through 2016 
     to the National Institute of Standards and Technology for the 
     oversight, support, and staffing of the Committees.

        TITLE II--ACCREDITATION OF FORENSIC SCIENCE LABORATORIES

     SEC. 201. ACCREDITATION OF FORENSIC SCIENCE LABORATORIES.

       (a) In General.--On and after the date established under 
     subsection (b)(2)(D), a forensic science laboratory may not 
     receive, directly or indirectly, any Federal funds, unless 
     the Director has verified that the laboratory has been 
     accredited in accordance with the standards and procedures 
     established under this title.
       (b) Procedures for Accreditation.--
       (1) Recommendations.--Not later than 3 years after the date 
     of enactment of this Act, the Board shall submit to the 
     Director--
       (A) recommended procedures for the accreditation of 
     forensic science laboratories that are consistent with the 
     recommended standards and criteria developed by the Board 
     under section 202;
       (B) recommended procedures for the periodic review and 
     updating of the accreditation status of forensic science 
     laboratories;
       (C) recommended procedures for the Director to verify that 
     laboratories have been accredited in accordance with the 
     standards and procedures established under this title, which 
     shall include procedures to implement, administer, and 
     coordinate enforcement of the program for the accreditation 
     of forensic science laboratories; and
       (D) a recommendation regarding the date by which forensic 
     science laboratories should--
       (i) begin the process of laboratory accreditation; and
       (ii) obtain verification of laboratory accreditation to be 
     eligible to receive Federal funds.
       (2) Establishment.--After the Director receives the 
     recommendations of the Board under paragraph (1), the 
     Director shall, in accordance with section 101(e)(4), 
     establish--
       (A) procedures for the accreditation of a forensic science 
     laboratory;
       (B) procedures for the Director to verify that laboratories 
     have been accredited in accordance with the standards and 
     procedures established under this title;
       (C) the date by which a forensic science laboratory shall 
     begin the process of accreditation; and
       (D) the date by which a forensic science laboratory shall 
     obtain verification of laboratory accreditation to be 
     eligible to receive Federal funds.
       (c) Definition.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Board shall recommend to the 
     Director a definition of the term ``forensic science 
     laboratory'' for purposes of this Act, which shall include 
     any laboratory that conducts forensic testing, analysis, 
     identification, or comparisons, the results of which may be 
     interpreted, presented, or otherwise used during the course 
     of a criminal investigation or criminal court proceeding.
       (2) Establishment.--After the Director receives the 
     recommendation of the Board under paragraph (1), the Director 
     shall, in accordance with section 101(e)(4), establish a 
     definition for the term ``forensic science laboratory''.
       (d) Applicability to Federal Agencies.--On and after the 
     date established by the Director under subsection (b)(2)(D), 
     a Federal agency may not use any forensic science laboratory 
     during the course of a criminal investigation or criminal 
     court proceeding unless the forensic science laboratory meets 
     the standards of accreditation and certification established 
     by the Office under this Act.

     SEC. 202. STANDARDS FOR LABORATORY ACCREDITATION.

       (a) Standards.--
       (1) Recommendations.--Not later than 18 months after the 
     date of enactment of this Act, the Board shall, in 
     consultation with qualified professional organizations, 
     submit to the Director recommendations regarding standards 
     for the accreditation of forensic science laboratories, 
     including quality assurance standards, to ensure the quality, 
     integrity, and accuracy of any testing, analysis, 
     identification, or comparisons performed by a forensic 
     science laboratory for use during the course of a criminal 
     investigation or criminal court proceeding.
       (2) Establishment.--After the Director receives the 
     recommendations of the Board under paragraph (1), the 
     Director shall, in accordance with section 101(e)(4), 
     establish standards for the accreditation of forensic science 
     laboratories.
       (3) Requirements.--In recommending or establishing 
     standards under paragraph (1) or (2) the Board and the 
     Director shall--
       (A) consider--
       (i) whether any relevant national accreditation standards 
     that were in effect before the date of enactment of this Act 
     would be sufficient for the accreditation of forensic science 
     laboratories under this Act; and
       (ii) whether any relevant national accreditation standards 
     that were in effect before the date of enactment of this Act 
     would be sufficient for the accreditation of forensic science 
     laboratories under this Act with supplemental standards; and
       (B) include--

[[Page S199]]

       (i) educational and training requirements for relevant 
     laboratory personnel;
       (ii) proficiency and competency testing requirements for 
     relevant laboratory personnel; and
       (iii) maintenance and auditing requirements for accredited 
     forensic science laboratories.
       (b) Review of Standards.--
       (1) In general.--Not less frequently than once every 5 
     years--
       (A) the Board shall--
       (i) review the scope and effectiveness of the accreditation 
     standards established under subsection (a);
       (ii) submit recommendations to the Director relating to 
     whether, and if so, how to update the standards as necessary 
     to--

       (I) account for developments in relevant scientific 
     research and technological advances;
       (II) ensure adherence to the standards and best practices 
     established under title V; and
       (III) address any other issue identified during the course 
     of the review conducted under clause (i); and

       (B) the Director shall, as necessary and in accordance with 
     section 101(e)(4), update the accreditation standards 
     established under subsection (a).
       (2) Procedures for open and transparent review of 
     standards.--The Director, in consultation with the Board, 
     shall establish procedures to ensure that the process for 
     developing, reviewing, and updating accreditation standards 
     under this section--
       (A) is open and transparent to the public; and
       (B) includes an opportunity for the public to comment on 
     proposed standards with sufficient prior notice.

     SEC. 203. ADMINISTRATION AND ENFORCEMENT OF ACCREDITATION 
                   PROGRAM.

       (a) Administration and Enforcement of Accreditation 
     Program.--
       (1) In general.--The Director shall determine whether a 
     forensic science laboratory is eligible to receive, directly 
     or indirectly, Federal funds under section 201(a).
       (2) Administration.--
       (A) In general.--The Director may identify 1 or more 
     qualified accrediting entities with experience and expertise 
     relevant to the accreditation of forensic science 
     laboratories, the accreditation of a forensic science 
     laboratory by which shall constitute accreditation for 
     purposes of section 201(a).
       (B) Oversight.--The Director shall periodically reevaluate 
     whether accreditation by a qualified accrediting entity 
     identified under subparagraph (A) is adequate to ensure 
     compliance with the standards and procedures established 
     under this title.
       (C) Reporting.--The Director shall provide regular reports 
     to the Board regarding the accreditation of forensic science 
     laboratories by qualified accrediting entities identified 
     under subparagraph (A) and reevaluations of accreditation by 
     qualified accrediting entities under subparagraph (B), which 
     shall be published on the website of the Office.
       (b) Review of Eligibility.--Not less frequently than once 
     every 5 years, the Director shall evaluate whether a forensic 
     science laboratory that has been determined to be eligible to 
     receive Federal funds under section 201(a) remains eligible 
     to receive Federal funds, including whether any accreditation 
     of the forensic science laboratory by a qualified accrediting 
     entity identified under subparagraph (A) is still in effect.
       (c) Website.--The Director shall develop and maintain on 
     the website of the Office an updated list of--
       (1) the forensic science laboratories that are eligible for 
     Federal funds under section 201(a);
       (2) the forensic science laboratories that have been 
     determined to be ineligible to receive Federal funds under 
     section 201(a); and
       (3) the forensic science laboratories that are awaiting a 
     determination regarding eligibility to receive Federal funds 
     under section 201(a).

         TITLE III--CERTIFICATION OF FORENSIC SCIENCE PERSONNEL

     SEC. 301. DEFINITIONS.

       (a) Covered Entity.--In this title, the term ``covered 
     entity'' means an entity that--
       (1) is not a forensic science laboratory; and
       (2) conducts forensic testing, analysis, identification, or 
     comparisons, the results of which may be interpreted, 
     presented, or otherwise used during the course of a criminal 
     investigation or criminal court proceeding.
       (b) Relevant Personnel.--
       (1) Recommendation.--Not later than 1 year after the date 
     of enactment of this Act, the Board shall submit to the 
     Director a recommended definition of the term ``relevant 
     personnel'', which shall include individuals who--
       (A) conduct forensic testing, analysis, identification, or 
     comparisons, the results of which may be interpreted, 
     presented, or otherwise used during the course of a criminal 
     investigation or criminal court proceeding; or
       (B) testify about evidence prepared by an individual 
     described in paragraph (A).
       (2) Definition.--After the Director receives the 
     recommendation of the Board under paragraph (1), the Director 
     shall, in accordance with section 101(e)(4), define the term 
     ``relevant personnel'' for purposes of this title.

     SEC. 302. CERTIFICATION OF FORENSIC SCIENCE PERSONNEL.

       Except as provided in section 304(c)(2), on and after the 
     date established under section 304(c)(1), a forensic science 
     laboratory or covered entity may not receive, directly or 
     indirectly, any Federal funds, unless all relevant personnel 
     of the forensic science laboratory or covered entity are 
     certified under this title.

     SEC. 303. STANDARDS FOR CERTIFICATION.

       (a) Recommended Standards.--
       (1) In general.--Not later than 2 years after the date on 
     which all members of a Committee have been appointed, the 
     Committee shall make recommendations to the Board relating to 
     standards for the certification of relevant personnel in each 
     forensic science discipline addressed by the Committee.
       (2) Requirements.--In developing recommended standards 
     under paragraph (1), a Committee shall--
       (A) consult with qualified professional organizations;
       (B) consider relevant certification standards and best 
     practices developed by qualified professional or scientific 
     organizations;
       (C) consider any standards or best practices established 
     under title V; and
       (D) consider--
       (i) whether certain minimum standards should be established 
     for the education and training of relevant personnel;
       (ii) whether there should be an alternative process to 
     enable relevant personnel who were hired before the date 
     established under section 304(c)(1), to obtain 
     certifications, including--

       (I) testing that demonstrates proficiency in a specific 
     forensic science discipline that is equal to or greater than 
     the level of proficiency required by the standards for 
     certification; and
       (II) a waiver of certain educational and training 
     requirements;

       (iii) whether and under what conditions relevant personnel 
     should be allowed to perform an activity described in 
     subparagraph (A) or (B) of section 301(b)(1) for a forensic 
     science laboratory or covered entity while the individual 
     obtains the training and education required for certification 
     under the standards developed under this title; and
       (iv) whether certification by recognized and relevant 
     medical boards should be sufficient for relevant personnel to 
     meet the standards developed under this title.
       (b) Approval or Denial of Recommendations.--The Board shall 
     approve or deny any recommendation submitted by a Committee 
     under subsection (a) in accordance with section 103(f)(2).
       (c) Establishment of Standards.--After the Director 
     receives recommendations from the Board under subsection (b), 
     the Director shall, in accordance with section 101(e)(4), 
     establish standards for the certification of relevant 
     personnel.
       (d) Review of Standards.--
       (1) In general.--Not less frequently than once every 5 
     years, a Committee shall--
       (A) review the standards for certification established 
     under subsection (c) for each forensic science discipline 
     within the responsibility of the Committee; and
       (B) submit to the Board recommendations regarding updates, 
     if any, to the standards for certification as necessary--
       (i) to account for developments in relevant scientific 
     research, technological advances, or changes in the law; and
       (ii) to ensure adherence to the uniform standards and best 
     practices established under title V.
       (2) Board review.--Not later than 180 days after the date 
     on which a Committee submits recommendations under paragraph 
     (1)(B), the Board shall, in accordance with section 
     103(f)(2)--
       (A) consider the recommendations; and
       (B) submit to the Director recommendations of uniform 
     standards and best practices for each forensic science 
     discipline.
       (3) Updates.--After the Director receives recommendations 
     from the Board under paragraph (2), the Director shall, in 
     accordance with section 101(e)(4), update the standards for 
     certification of relevant personnel.
       (e) Public Comment.--The Director, in consultation with the 
     Board, shall establish procedures to ensure that the process 
     for establishing, reviewing, and updating standards for 
     certification of relevant personnel under this section--
       (1) is open and transparent to the public; and
       (2) includes an opportunity for the public to comment on 
     proposed standards with sufficient prior notice.

     SEC. 304. ADMINISTRATION AND REVIEW OF CERTIFICATION PROGRAM.

       (a) In General.--
       (1) Determination.--The Director shall determine whether a 
     forensic science laboratory or covered entity is eligible to 
     receive, directly or indirectly, Federal funds under section 
     302.
       (2) Procedures.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall establish policies 
     and procedures to implement, administer, and coordinate 
     enforcement of the certification requirements established 
     under this title, including requiring the periodic 
     recertification of relevant personnel.
       (b) Administration.--
       (1) In general.--After consultation with the Board, the 
     Director may identify 1 or more qualified professional 
     organizations with experience and expertise relevant to the 
     certification of individuals in a particular forensic science 
     discipline, the certification of an individual by which shall 
     constitute certification for purposes of section 302.
       (2) Oversight.--The Director shall periodically reevaluate 
     whether certification by a

[[Page S200]]

     qualified professional organizations identified under 
     paragraph (1) is adequate to ensure compliance with the 
     standards established under this title.
       (3) Reporting.--The Director shall provide regular reports 
     to the Board regarding the certification of relevant 
     personnel by qualified professional organizations identified 
     under paragraph (1) and reevaluations of certification by 
     qualified professional organizations under paragraph (2), 
     which shall be published on the website of the Office.
       (c) Implementation of Certification Requirements.--
       (1) In general.--After consultation with the Board, the 
     Director shall establish the date on which forensic science 
     laboratories and covered entities shall be in compliance with 
     the certification requirements of this title.
       (2) Gradual implementation.--The Director shall, in 
     consultation with the Board and each Committee, establish 
     policies and procedures to enable the gradual implementation 
     of the certification requirements that--
       (A) include a reasonable schedule to allow relevant 
     personnel to obtain certifications; and
       (B) allow for partial compliance with the requirements of 
     section 302 for a reasonable period of time after the date 
     established under paragraph (1).
       (d) Review of Certification Requirements.--The Director 
     shall establish policies and procedures for the periodic 
     review of the implementation, administration, and enforcement 
     of the certification requirements established under this 
     title.

     SEC. 305. GRANTS AND TECHNICAL ASSISTANCE.

       (a) In General.--The Director of the National Institute of 
     Justice, in consultation with the Director, may make grants 
     and provide technical assistance to forensic science 
     laboratories and other entities subject to the requirements 
     under this title and title II to ensure that forensic science 
     laboratories and covered entities are able to effectively 
     fulfill the responsibilities of the laboratories or entities 
     during the process of--
       (1) seeking accreditation under title II; and
       (2) obtaining certifications for relevant personnel under 
     this title.
       (b) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated 
     $10,000,000 for each of fiscal years 2012 through 2016 to the 
     National Institute of Justice for the grant program and 
     technical assistance described in subsection (a).
       (2) Requirement.--Not less than 75 percent of funds 
     appropriated pursuant to paragraph (1) shall be used for 
     grants under this section.
       (c) Report.--The Director of the National Institute of 
     Justice shall, on an annual basis, submit to the Board and 
     the Director a report that describes--
       (1) the application process for grants under this section;
       (2) each grant made under this section during the fiscal 
     year before the fiscal year in which the report is submitted; 
     and
       (3) as appropriate, the status and results of any grants 
     previously described in a report submitted under this 
     subsection.

                           TITLE IV--RESEARCH

     SEC. 401. RESEARCH STRATEGY AND PRIORITIES.

       (a) Comprehensive Research Strategy and Agenda.--
       (1) Recommendation.--Not later than 18 months after the 
     date of enactment of this Act, the Board shall recommend to 
     the Director a comprehensive strategy for fostering and 
     improving peer-reviewed scientific research relating to the 
     forensic science disciplines, including research addressing 
     issues of accuracy, reliability, and validity in the forensic 
     science disciplines.
       (2) Establishment.--After the Director receives 
     recommendations from the Board under paragraph (1), the 
     Director shall, in accordance with section 101(e)(4), 
     establish a comprehensive strategy for fostering and 
     improving peer-reviewed scientific research relating to the 
     forensic science disciplines.
       (3) Review.--
       (A) Board review.--Not less frequently than once every 5 
     years, the Board shall--
       (i) review the comprehensive strategy established under 
     paragraph (2); and
       (ii) recommend any necessary updates to the comprehensive 
     strategy.
       (B) Updates.--After the Director receives recommendations 
     from the Board under subparagraph (A), the Director shall, in 
     accordance with section 101(e)(4), update the comprehensive 
     strategy as necessary and appropriate.
       (b) Research Funding Priorities.--
       (1) Recommendation.--Not later than 18 months after the 
     date of enactment of this Act, the Board shall recommend to 
     the Director a list of priorities for forensic science 
     research funding.
       (2) Establishment.--After the Director receives the list 
     from the Board under paragraph (1), the Director shall, in 
     accordance with section 101(e)(4), establish a list of 
     priorities for forensic science research funding.
       (3) Review.--Not less frequently than once every 2 years, 
     the Board shall--
       (A) review--
       (i) the list of priorities established under paragraph (2); 
     and
       (ii) the findings of the relevant Committees made under 
     subsection (c); and
       (B) recommend any necessary updates to the list of 
     priorities, incorporating, as appropriate, the findings of 
     the Committees under subsection (c).
       (4) Updates.--After the Director receives the 
     recommendations under paragraph (3), the Director shall, in 
     accordance with section 101(e)(4), update as necessary the 
     list of research funding priorities.
       (c) Evaluation of Research Needs.--Not later than 2 years 
     after the date on which all members of a Committee have been 
     appointed under section 103, and periodically thereafter, the 
     Committee shall--
       (1) examine and evaluate the scientific research in each 
     forensic science discipline within the responsibility of the 
     Committee;
       (2) conduct comprehensive surveys of scientific research 
     relating to each forensic science discipline within the 
     responsibility of the Committee;
       (3) examine the research needs in each forensic science 
     discipline within the responsibility of the Committee and 
     identify key areas in which further scientific research is 
     needed; and
       (4) develop and submit to the Board a list of research 
     needs and priorities.
       (d) Consideration.--In developing the initial research 
     strategy, research priorities, and surveys required under 
     this section, the Board and the Director shall consider any 
     findings, surveys, and analyses relating to research in 
     forensic science disciplines, including those made by the 
     Subcommittee on Forensic Science of the National Science and 
     Technology Council.

     SEC. 402. RESEARCH GRANTS.

       (a) Competitive Grants.--
       (1) Definition.--In this subsection, the term ``eligible 
     entity'' means--
       (A) a nonprofit academic or research institution; and
       (B) any other entity designated by the Director of the 
     National Institute of Standards and Technology.
       (2) Peer-review research grants.--
       (A) In general.--The Director of the National Institute of 
     Standards and Technology may, on a competitive basis, make 
     grants to eligible entities to conduct peer-reviewed 
     scientific research.
       (B) Consideration.--In making grants under this paragraph, 
     the Director of the National Institute of Standards and 
     Technology shall--
       (i) ensure that grants made under this paragraph are for 
     peer-reviewed scientific research in areas that are 
     consistent with the research priorities established by the 
     Director under section 401(b); and
       (ii) take into consideration the research needs identified 
     by the Committees under section 401(c).
       (3) Development of new technologies.--The Director of the 
     National Institute of Standards and Technology may, on a 
     competitive basis, make grants to eligible entities to 
     conduct peer-reviewed scientific research to develop new 
     technologies and processes to increase the efficiency, 
     effectiveness, and accuracy of forensic testing procedures.
       (4) Coordination with director.--In making grants under 
     this subsection, the Director of the National Institute of 
     Standards and Technology shall--
       (A) coordinate with the Director; and
       (B) consider the plan established under section 404.
       (5) Coordination with the national science foundation.--The 
     Director of the National Institute of Standards and 
     Technology shall consult and coordinate with the National 
     Science Foundation to ensure--
       (A) the integrity of the process for reviewing funding 
     proposals and awarding grants under this subsection; and
       (B) that the grant-making process is not subject to any 
     undue bias or influence.
       (b) Report.--
       (1) In general.--
       (A) Submission.--The Director of the National Institute of 
     Standards and Technology shall, on an annual basis, submit to 
     the Board and the Director a report that describes--
       (i) the application process for grants under this section;
       (ii) each grant made under this section in the fiscal year 
     before the report is submitted; and
       (iii) as appropriate, the status and results of grants 
     previously described in a report submitted under this 
     subsection.
       (B) Publication.--The Director shall publish the report 
     submitted under subparagraph (A) on the website of the 
     Office.
       (2) Evaluation.--The Board and the Director shall evaluate 
     each report submitted under paragraph (1) and consider the 
     information provided in each report in reviewing the research 
     strategy and priorities established under section 401.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) $75,000,000 to the National Institute of Standards and 
     Technology for each of fiscal years 2012 through 2016 for 
     grants under subsection (a)(2); and
       (2) $15,000,000 to the National Institute of Standards and 
     Technology for each of fiscal years 2012 through 2016 for 
     grants under subsection (a)(3).

     SEC. 403. OVERSIGHT AND REVIEW.

       (a) Reports.--Not later than 3 years after the date on 
     which the first grant is awarded under paragraph (2) or (3) 
     of section 402(a), and not later than 2 years after the date 
     on which the first report under this subsection is submitted, 
     the Inspector General of the Department of Justice, in 
     coordination with the Inspector General of the Department of 
     Commerce, shall submit to Congress a report on the 
     administration and effectiveness of the grant programs 
     described in section 402(a).

[[Page S201]]

       (b) Requirements.--Each report submitted under this section 
     shall evaluate--
       (1) whether any undue biases or influences affected the 
     integrity of the solicitation, award, or administration of 
     research grants; and
       (2) whether there was any unnecessary duplication, waste, 
     fraud, or abuse in the grant-making process.

     SEC. 404. PUBLIC-PRIVATE COLLABORATION.

       (a) Recommendation.--Not later than 2 years after the date 
     of enactment of this Act, the Board shall submit to the 
     Director a recommended plan for encouraging collaboration 
     among universities, nonprofit research institutions, State 
     and local forensic science laboratories, private forensic 
     science laboratories, private corporations, and the Federal 
     Government to develop and perform cost-effective and reliable 
     research in the forensic sciences, consistent with the 
     research priorities established under section 401(b)(2).
       (b) Requirements.--The plan recommended under subsection 
     (a) shall include--
       (1) incentives for nongovernmental entities to invest 
     significant resources into conducting necessary research in 
     the forensic sciences;
       (2) procedures for ensuring the research described in 
     paragraph (1) will be conducted with sufficient scientific 
     rigor that the research can be relied upon by--
       (A) the Committees in developing standards under this Act; 
     and
       (B) forensic science personnel; and
       (3) clearly defined requirements for disclosure of the 
     sources of funding by nongovernmental entities for forensic 
     science research conducted in collaboration with governmental 
     entities and safeguards to prevent conflicts of interest or 
     undue bias or influence.
       (c) Establishment and Implementation.--After receiving the 
     recommended plan of the Board under subsection (a), the 
     Director shall establish, in accordance with section 
     101(e)(4), and implement a plan for encouraging collaboration 
     among universities, nonprofit research institutions, State 
     and local forensic science laboratories, private forensic 
     science laboratories, private corporations, and the Federal 
     Government to develop and perform cost-effective and reliable 
     research in the forensic sciences, consistent with the 
     research priorities established under section 401(b)(2).
       (d) Oversight.--The Director, in consultation with the 
     Board, shall periodically evaluate and, as necessary, update 
     the plan established under subsection (c).

                 TITLE V--STANDARDS AND BEST PRACTICES

     SEC. 501. DEVELOPMENT OF STANDARDS AND BEST PRACTICES.

       (a) Committee Recommendations.--
       (1) In general.--Not later than 2 years after the date on 
     which all members of a Committee have been appointed under 
     section 103, the Committee shall develop and recommend to the 
     Board uniform standards and best practices for each forensic 
     science discipline addressed by the Committee, including--
       (A) standard protocols;
       (B) quality assurance standards; and
       (C) standard terminology for use in reporting, including 
     reports of identifications, analyses, or comparisons of 
     forensic evidence that may be used during a criminal 
     investigation or criminal court proceeding.
       (2) Requirements.--In developing the uniform standards and 
     best practices under paragraph (1), a Committee shall--
       (A) as appropriate, consult with qualified professional 
     organizations; and
       (B) develop uniform standards and best practices that are 
     designed to ensure the quality and scientific integrity of 
     data, results, conclusions, analyses, and reports that are 
     generated for use in the criminal justice system.
       (b) Board Recommendations.--Not later than 180 days after 
     the date on which a Committee submits recommended uniform 
     standards and best practices under subsection (a), the Board 
     shall, in accordance with section 103(f)(2)--
       (1) consider the recommendations; and
       (2) submit to the Director recommendations of uniform 
     standards and best practices.

     SEC. 502. ESTABLISHMENT AND DISSEMINATION OF STANDARDS AND 
                   BEST PRACTICES.

       (a) In General.--After the Board submits uniform standards 
     or best practices for a forensic science discipline under 
     section 501(b), the Director shall, in accordance with 
     section 101(e)(4), establish and disseminate uniform 
     standards and best practices for the forensic science 
     discipline.
       (b) Publication.--The Director shall publish the uniform 
     standards and best practices established under subsection (a) 
     on the website of the Office.

     SEC. 503. REVIEW AND OVERSIGHT.

       (a) Review by Committees.--
       (1) In general.--Not less frequently than once every 3 
     years, each Committee shall review and, as necessary, 
     recommend to the Board updates to the uniform standards and 
     best practices established under section 502 for each 
     forensic science discipline within the responsibility of the 
     Committee.
       (2) Considerations.--In reviewing, and developing 
     recommended updates to, the uniform standards and best 
     practices under paragraph (1), a Committee shall consider--
       (A) input from qualified professional organizations;
       (B) research published after the date on which the uniform 
     standards and best practices were established, including 
     research conducted under title IV; and
       (C) any changes to relevant law made after the date on 
     which the uniform standards and best practices were 
     established.
       (b) Board Recommendations.--Not later than 180 days after 
     the date on which a Committee submits recommended updates to 
     the uniform standards and best practices under subsection 
     (a), the Board shall, in accordance with section 103(f)(2)--
       (1) consider the recommendations; and
       (2) recommend to the Director any updates, as necessary, to 
     the uniform standards and best practices established under 
     section 502.
       (c) Updates.--After the Director receives recommended 
     updates, if any, under subsection (b), the Director shall, in 
     accordance with section 101(e)(4), update and disseminate the 
     uniform standards and best practices for each forensic 
     science discipline as necessary.
       (d) Procedures.--The Director, in consultation with the 
     Board, shall establish procedures to ensure that the process 
     for developing, reviewing, and updating the uniform standards 
     and best practices--
       (1) is open and transparent to the public; and
       (2) includes an opportunity for the public to comment on 
     proposed standards with sufficient prior notice.

TITLE VI--ADDITIONAL RESPONSIBILITIES OF THE OFFICE OF FORENSIC SCIENCE 
                     AND THE FORENSIC SCIENCE BOARD

     SEC. 601. FORENSIC SCIENCE TRAINING AND EDUCATION FOR JUDGES, 
                   ATTORNEYS, AND LAW ENFORCEMENT PERSONNEL.

       (a) In General.--
       (1) Recommendation.--Not later than 2 years after the date 
     of enactment of this Act, the Board shall submit to the 
     Director a recommended plan for--
       (A) supporting the education and training of judges, 
     attorneys, and law enforcement personnel in the forensic 
     sciences and fundamental scientific principles, which shall 
     include education on the competent use and evaluation of 
     forensic science evidence; and
       (B) developing a standardized curriculum for education and 
     training described in subparagraph (A).
       (2) Establishment.--Upon receipt of the recommendation from 
     the Board under paragraph (1), the Director shall establish, 
     in accordance with section 101(e)(4), and implement a plan 
     for--
       (A) supporting the education and training of judges, 
     attorneys, and law enforcement personnel in the forensic 
     sciences and fundamental scientific principles, which shall 
     include education on the competent use and evaluation of 
     forensic science evidence; and
       (B) developing a standardized curriculum for education and 
     training described in subparagraph (A).
       (3) Oversight.--The Director, in consultation with the 
     Board, shall periodically evaluate and, as necessary, update 
     the plan established under paragraph (2).
       (b) Grant Program.--
       (1) In general.--The Director of the National Institute of 
     Justice may, in consultation with the Director--
       (A) provide technical assistance directly or indirectly to 
     judges, attorneys, and law enforcement personnel in the 
     forensic sciences and fundamental scientific principles, 
     including the competent use and evaluation of forensic 
     science evidence; and
       (B) make grants to States and units of local government and 
     nonprofit organizations or institutions to provide training 
     to judges, attorneys, and law enforcement personnel about the 
     forensic sciences and fundamental scientific principles, 
     including the competent use and evaluation of forensic 
     science evidence.
       (2) Requirement.--On and after the date on which the 
     Director establishes the plan for supporting the education 
     and training of judges, attorneys, and law enforcement 
     personnel in the forensic sciences and fundamental scientific 
     principles under subsection (a)(2), the Director of the 
     National Institute of Justice shall administer the grant 
     program described in paragraph (1) in accordance with the 
     plan.
       (3) Authorization of appropriations.--
       (A) In general.--There is authorized to be appropriated to 
     the Director of the National Institute of Justice $10,000,000 
     for each of fiscal years 2012 through 2016 for grants and 
     technical assistance under this subsection.
       (B) Requirement.--Not less than 75 percent of the funds 
     appropriated pursuant to this paragraph shall be used for 
     grants under this subsection.

     SEC. 602. EDUCATIONAL PROGRAMS IN THE FORENSIC SCIENCES.

       (a) Recommendations.--Not later than 3 years after the date 
     of enactment of this Act, the Board shall submit to the 
     Director--
       (1) a recommended plan for supporting the development of 
     undergraduate and graduate educational programs in the 
     forensic science disciplines and related fields; and
       (2) recommendations as to whether the development of 
     standards or requirements for educational programs in the 
     forensic science disciplines and related fields is 
     appropriate.
       (b) Establishment and Implementation.--Upon receipt of the 
     recommendation from the Board under subsection (a), the 
     Director shall establish, in accordance with section 
     101(e)(4), and implement--

[[Page S202]]

       (1) a plan for supporting the development of undergraduate 
     and graduate educational programs in the forensic science 
     disciplines and related fields; and
       (2) any standards or requirements for education programs in 
     the forensic science disciplines and related fields 
     determined by the Director to be appropriate.
       (c) Oversight.--The Director, in consultation with the 
     Board, shall--
       (1) oversee the implementation of any standards or 
     requirements established under subsection (b); and
       (2) periodically evaluate and, as necessary, update the 
     plan, standards, or requirements established under subsection 
     (b).

     SEC. 603. MEDICAL-LEGAL DEATH EXAMINATION.

       (a) Recommendations.--Not later than 3 years after the date 
     of enactment of this Act, the Board shall submit to the 
     Director--
       (1) a recommended plan to encourage the Federal Government 
     and State and local governments to implement systems to 
     ensure that qualified individuals perform medical-legal death 
     examinations and to encourage qualified individuals to enter 
     the field of medical-legal death examination; and
       (2) recommendations on whether and how the requirements, 
     standards and regulations established under this Act should 
     apply to individuals who perform medical-legal death 
     examinations.
       (b) Establishment and Implementation.--Upon receipt of the 
     recommendations from the Board under subsection (a), the 
     Director shall establish, in accordance with section 
     101(e)(4), and implement--
       (1) a plan to encourage the Federal Government and State 
     and local governments to implement systems to ensure that 
     qualified individuals perform medical-legal death 
     examinations and to encourage qualified individuals to enter 
     the field of medical-legal death examination; and
       (2) any specific or additional standards or requirements 
     for individuals who perform medical-death examinations 
     determined by the Director to be appropriate.
       (c) Oversight.--The Director, in consultation with the 
     Board, shall--
       (1) oversee the implementation of any standards or 
     requirements established under subsection (b)(2); and
       (2) periodically evaluate and, as necessary, update the 
     plan, standards, and requirements established under 
     subsection (b).

     SEC. 604. INTER-GOVERNMENTAL COORDINATION.

       The Board and the Director shall regularly--
       (1) coordinate with relevant Federal agencies, including 
     the National Science Foundation, the Department of Defense, 
     and the National Institutes of Health, as appropriate, to 
     make efficient and appropriate use of research expertise and 
     funding; and
       (2) coordinate with the Department of Homeland Security and 
     other relevant Federal agencies to determine ways in which 
     the forensic science disciplines may assist in homeland 
     security and emergency preparedness.

     SEC. 605. ANONYMOUS REPORTING.

       Not later than 3 years after the date of enactment of this 
     Act, the Director shall develop a system for any individual 
     to provide information relating to compliance, or lack of 
     compliance, with the requirements, standards, and regulations 
     established under this Act, which may include a hotline or 
     website that has appropriate guarantees of anonymity and 
     confidentiality and protections for whistleblowers.

     SEC. 606. INTEROPERABILITY OF DATABASES AND TECHNOLOGIES.

       (a) Recommendations.--Not later than 3 years after the date 
     of enactment of this Act, the Board shall submit to the 
     Director a recommended plan to require interoperability among 
     databases and technologies in each of the forensic science 
     disciplines among all levels of Government, in all States, 
     and with the private sector
       (b) Establishment and Implementation.--Upon receipt of the 
     recommendation from the Board under subsection (a), the 
     Director shall establish, in accordance with section 
     101(e)(4), and implement a plan to encourage interoperability 
     among databases and technologies in each of the forensic 
     science disciplines among all levels of Government, in all 
     States, and with the private sector.
       (c) Oversight.--The Director, in consultation with the 
     Board, shall evaluate and, as necessary, update the plan 
     established under subsection (b).

     SEC. 607. CODE OF ETHICS.

       (a) Recommendations.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Board shall submit to the Director 
     a recommended code of ethics for the forensic science 
     disciplines.
       (2) Requirements.--In developing a recommended code of 
     ethics under paragraph (1), the Board shall--
       (A) consult with relevant qualified professional 
     organizations; and
       (B) consider any recommendations relating to a code of 
     ethics or code of professional responsibility developed by 
     the Subcommittee on Forensic Science of the National Science 
     and Technology Council.
       (b) Establishment and Incorporation.--Upon receipt of the 
     recommendation from the Board under subsection (a), the 
     Director shall--
       (1) in accordance with section 101(e)(4), establish a code 
     of ethics for the forensic science disciplines; and
       (2) as appropriate, incorporate the code of ethics into the 
     standards for accreditation of forensic science laboratories 
     and certification of relevant personnel established under 
     this Act.
       (c) Oversight.--The Director, in consultation with the 
     Board, shall periodically evaluate and, as necessary, update 
     the code of ethics established under subsection (b).
                                 ______
                                 
      By Mr. BINGAMAN (for himself and Mr. Udall of New Mexico):
  S. 134. A bill to authorize the Mescalero Apache Tribe to lease 
adjudicated water rights; to the Committee on Indian Affairs.
  Mr. BINGAMAN. Mr. President, today I am introducing a bill entitled 
the Mescalero Apache Tribe Leasing Authorization Act to allow the 
Mescalero Apache Tribe in New Mexico to lease certain adjudicated water 
rights to other communities in need of water. My colleague Senator Tom 
Udall is co-sponsoring this measure and I am looking forward to working 
with him on this issue.
  As competition for limited water supplies increases and water 
supplies become more uncertain as a result of a changing climate, more 
flexibility in water management strategies is essential. This bill will 
enable the Mescalero Apache Tribe to lease certain unused water rights 
adjudicated to the Tribe to other communities in New Mexico that have 
significant water needs. Through this bill, communities including the 
Village of Ruidoso, the Village of Cloudcroft and the City of 
Alamogordo would be able to negotiate with the Mescalero Apache Tribe 
to lease water through a process overseen by the New Mexico State 
Engineer. These mutually beneficial transactions will provide 
additional water to communities in times of need and will provide 
economic benefits to the Tribe. Allowing these types of transactions to 
occur will also help to strengthen the relationship between Indian and 
non-Indian communities that co-exist in many parts of New Mexico.
  This bill will greatly benefit the Mescalero Apache Tribe and its 
surrounding neighbors and it is my hope that my colleagues will 
ultimately support its enactment.
  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. 134

       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 ``Mescalero Apache Tribe 
     Leasing Authorization Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Adjudicated water rights.--The term ``adjudicated water 
     rights'' means water rights that were adjudicated to the 
     Tribe in State v. Lewis, 116 N.M. 194, 861 P. 2d 235 (1993).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of New 
     Mexico.
       (4) Tribe.--The term ``Tribe'' means the Mescalero Apache 
     Tribe.

     SEC. 3. AUTHORIZATION TO LEASE ADJUDICATED WATER RIGHTS.

       (a) In General.--Notwithstanding any other provision of 
     law, subject to subsections (b) and (c), the Tribe may lease, 
     enter into a contract with respect to, or otherwise transfer 
     to another party, for another purpose, or to another place of 
     use in the State, all or any portion of the adjudicated water 
     rights.
       (b) State Law.--In carrying out any action under subsection 
     (a), the Tribe shall comply with all laws (including 
     regulations) of the State with respect to the leasing or 
     transfer of water rights.
       (c) Alienation; Maximum Term.--
       (1) Alienation.--The Tribe shall not permanently alienate 
     any adjudicated water rights.
       (2) Maximum term.--The term of any water use lease, 
     contract, or other agreement under this section (including a 
     renewal of such an agreement) shall be not more than 99 
     years.
       (d) Liability.--The Secretary shall not be liable to the 
     Tribe or any other person for any loss or other detriment 
     resulting from a lease, contract, or other arrangement 
     entered into pursuant to this section.
       (e) Purchases or Grants of Land From Indians.--The 
     authorization provided by this Act for the leasing, 
     contracting, and transfer of the adjudicated water rights 
     shall be considered to satisfy any requirement for 
     authorization of the action by treaty or convention imposed 
     by section 2116 of the Revised Statutes (25 U.S.C. 177).
       (f) Prohibition on Forfeiture.--The nonuse of all or any 
     portion of the adjudicated water rights by a lessee or 
     contractor shall not result in the forfeiture, abandonment, 
     relinquishment, or other loss of all or any portion of the 
     adjudicated water rights.

[[Page S203]]

                                 ______
                                 
      By Mr. REID (for Mrs. Feinstein (for herself, Mr. Schumer, Mr. 
        Kerry, Mr. Sanders, and Mr. Franken)):
  S. 136. A bill to establish requirements with respect to bisphenol A; 
to the Committee on Health, Education, Labor, and Pensions.
  Mrs. FEINSTEIN. Mr. President, today I am introducing the ``Ban 
Poisonous Additives Act of 2011,'' a bill that would ban the chemical 
Bisphenol A, known as BPA, from all children's feeding products. I 
thank my cosponsors Senators Schumer, Kerry, Sanders, and Franken for 
their support.
  I vowed in the last Congress not to give up, and this is why I am 
introducing a bill that bans the use of BPA in baby bottles, sippy 
cups, infant formula, and baby food containers: the products used to 
provide food and beverages to the most vulnerable.
  I have a deep, abiding concern regarding the presence of toxins and 
chemicals in the daily lives of Americans. BPA is an endocrine 
disruptor, which means that it interferes with the way hormones work in 
the body.
  The evidence against BPA is mounting, especially its harmful effects 
on babies and children who are still developing.
  I believe we have an obligation to safeguard babies and children from 
unnecessary exposure to this chemical that is linked to so many health 
problems.
  Over 200 scientific studies show that even at low doses, BPA is 
linked to serious health problems including: Cancer, Diabetes, Heart 
Disease, Early puberty, Behavioral problems, Obesity.
  This chemical is so widespread it has been found in 93 percent of 
Americans.
  Babies and children are particularly at risk to the exposure of BPA 
because when they are developing, any small change can cause dramatic 
consequences.
  It may not surprise you that the chemical industry continues to 
insist that BPA is not harmful. According to at least one study, there 
is reason to be skeptical about research coming from chemical 
companies.
  In 2006, the journal Environmental Research published an article 
comparing the results of government funded studies on BPA to BPA 
studies funded by industry.
  The difference is glaring.
  Ninety-two percent of the government funded studies found that 
exposure to BPA caused health problems.
  Overwhelmingly, government studies found harm. None of the industry 
funded studies identified health problems as a result of BPA exposure. 
Not one.
  Clearly, serious questions are raised about the validity of the 
chemical industry's studies. The results also illustrate why our 
nation's regulatory agencies should not and cannot solely rely on 
chemical companies to conduct research on their own products.
  The fact that so many adverse health effects are linked to this 
chemical, the fact that this chemical is so present in our bodies, and 
the fact that babies are more at risk from its harmful effects leads me 
to believe that there is no good reason to expose our children to BPA.
  This is why we are introducing legislation that protects all babies 
across the country, no matter which state they happen to live.
  This bill will ensure that parents no longer have to wonder whether 
products they buy for their babies and children will harm them now or 
later in life.
  This bill: Bans the use of BPA in baby bottles and sippy cups within 
6 months; Bans the use of BPA in baby food within 1 year; Bans the use 
of BPA in infant formula within 18 months; Requires that the FDA issue 
a revised safety assessment on BPA by December 1, 2012; and Includes a 
savings clause to allow states to enact their own legislation.
  This bill makes sense. It's a reasonable step forward to protecting 
our children's health.
  Major manufacturers are already phasing out BPA from their food and 
beverage products for children.
  Food and beverage products for children all have safe, alternative, 
BPA-free packaging available right now.
  Major baby food and formula manufacturers offer BPA-free alternatives 
including: Nestle's GOOD START, Similac powdered infant formula, 
Enfamil powdered infant formula, Nestle liquid formula, and Similac 
liquid formula.
  At least 14 manufacturers of baby bottles either offer some BPA-free 
alternatives or have completely banned its use. They are: Avent, Born 
Free, Disney First Years, Dr. Brown's, Evenflo, Gerber, Green to Grow, 
Klean Kanteen, Medala, Munchkin, Nuby Sippy Cups, Playtex, Think Baby, 
and Weil Baby.
  Many major retailers have taken action and sell BPA-free baby bottles 
and cups: CVS, Kmart, Kroger, Rite Aid, Safeway, Sears, Toys ``R'' Us 
and Babies ``R'' Us, Wal-Mart, Wegmans, and Whole Foods.
  Eight states have already enacted laws banning BPA from children's 
products: Connecticut, Maryland, Massachusetts, Minnesota, New York, 
Vermont, Washington, and Wisconsin.
  Other countries have already moved forward to restrict this chemical. 
Canada declared BPA a toxic substance, and banned it from all baby 
bottles and sippy cups. Denmark and France have national bans on BPA in 
certain children's products.
  The European Commission banned BPA from baby bottles, protecting 
consumers in the European Union.
  Clearly, the problem has been recognized and steps are being taken by 
countries, states, companies, and retailers to remove this harmful 
chemical.
  Let me briefly explain what BPA is.
  BPA is a synthetic estrogen. As I stated previously, it is a hormone 
disruptor and interferes with how hormones work in the body. This 
chemical is used in thousands of consumer products to harden plastics, 
line tin cans, and make CDs. It is even used to coat airline tickets, 
grocery store receipts, and to make dental sealants.
  It is one of the most pervasive chemicals in modern life. And, as 
with so many other chemicals in consumer products, BPA has been added 
to our products without us knowing whether it was safe or not.
  Alternatives exist because there is growing concern about the harmful 
effects of BPA. The chemical industry continues to try to quiet 
criticism by reassuring consumers that BPA is safe.
  I don't buy it.
  As I previously stated, over 200 scientific studies show that 
exposure to BPA, particularly during prenatal development and early 
infancy, are linked to a wide range of adverse health effects in later 
life.
  Because of their smaller size and stage of development, babies and 
children are particularly at risk from the harmful health effects of 
BPA.
  These serious effects include: increased risk of breast and prostate 
cancer; genital abnormalities in males; infertility in men; sexual 
dysfunction; early puberty in girls; metabolic disorders such as 
insulin resistant Type 2 diabetes and obesity; and behavioral problems 
such as attention deficit hyperactivity disorder, ADHD.
  It continues to astound me how, even with this extensive list of 
potentially serious health effects, we continue to allow this chemical 
to be put in our products.
  Moreover, additional science continues to be released, confirming the 
potential for BPA to cause severe problems:
  Recently, the University of California, San Francisco published a 
small scale study finding that human exposure to BPA may compromise the 
quality of a woman's eggs retrieved for in vitro fertilization, IVF.
  A study of over 200 Chinese factory workers found evidence that high 
levels of BPA exposure to adversely affect sperm quality in humans.
  Researchers at the University of Nebraska Medical Center recently 
published a study concluding that BPA has biochemical properties 
similar to human carcinogens.
  I want to underscore the importance and the urgency of withdrawing 
BPA from these children's products.
  Well-known and respected organizations and Federal agencies also have 
expressed concern about BPA:
  The President's Cancer Panel Annual Report released in April 2010 
concluded that there is growing evidence of a link between BPA and 
several diseases, such as cancer.
  The Panel recommended using BPA-free containers to limit chemical 
exposure.
  A 2008 study by the American Medical Association suggested links 
between exposure to BPA and diabetes,

[[Page S204]]

heart disease and liver problems in humans.
  The National Health and Nutrition Examination Survey (NHANES) linked 
BPA in high concentrations to cardiovascular disease, and Type II 
diabetes.
  Given these conclusions, it is critical we act now to protect the 
most vulnerable, our infants and toddlers from this chemical.
  Children receive no benefit by having a baby bottle or cup coated 
with BPA.
  In the last Congress, I vowed not to give up in my fight to ban BPA. 
After working hard for many months to reach an agreement with Senator 
Enzi on a more limited ban, I was sincerely disappointed that this 
agreement was blocked by the chemical industry from being included in 
the food safety bill.
  I want to reiterate the importance of this legislation. I strongly 
believe we need to take action on this.
  I don't think we can take a chance with our children's health.
  BPA has been linked to developmental disorders, cancer, 
cardiovascular complications, and diabetes by credible scientific 
bodies. The evidence that BPA is unacceptably dangerous is mounting. 
Yet it remains in thousands of household and food products.
  This is a reasonable, common sense bill.
  Now, the time comes again for this body to take a stand and move 
forward to protect the health of America's children.
  I urge my colleagues to join me in supporting my legislation, the Ban 
Poisonous Additives Act of 2011.
  I look forward to working with my colleagues on this important issue.
  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. 136

       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 ``Ban Poisonous Additives Act 
     of 2011''.

     SEC. 2. REQUIREMENTS WITH RESPECT TO BISPHENOL A.

       (a) Ban on Use of Bisphenol A in Food and Beverage 
     Containers for Children.--
       (1) Baby food; unfilled baby bottles and cups.--Section 402 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) 
     is amended by adding at the end the following:
       ``(j)(1) If it is a food intended for children 3 years of 
     age or younger, the container of which (including the lining 
     of such container) is composed, in whole or in part, of 
     bisphenol A.
       ``(2) If it is a baby bottle or cup that is composed, in 
     whole or in part, of bisphenol A.''.
       (2) Definition.--Section 201 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321) is amended by adding at the end 
     the following:
       ``(rr) Baby Bottle or Cup.--For purposes of section 402(j), 
     the term `baby bottle or cup' means a bottle or cup that--
       ``(1) is intended to aid in the feeding or providing of 
     drink to children 3 years of age or younger; and
       ``(2) does not contain a food when such bottle or cup is 
     sold or distributed at retail.''.
       (3) Effective dates.--
       (A) Baby food.--Section 402(j)(1) of the Federal Food, 
     Drug, and Cosmetic Act, as added by paragraph (1), shall take 
     effect 1 year after the date of enactment of this Act.
       (B) Unfilled baby bottles and cups.--Section 402(j)(2) of 
     the Federal Food, Drug, and Cosmetic Act, as added by 
     paragraph (1), shall take effect 180 days after the date of 
     enactment of this Act.
       (b) Ban on Use of Bisphenol A in Infant Formula 
     Containers.--
       (1) In general.--Section 412(a) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 350a(a)) is amended--
       (A) in paragraph (2), by striking ``, or'' and inserting 
     ``,'';
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``, or''; and
       (C) by adding at the end the following:
       ``(4) the container of such infant formula (including the 
     lining of such container and, in the case of infant formula 
     powder, excluding packaging on the outside of the container 
     that does not come into contact with the infant formula 
     powder) is composed, in whole or in part, of bisphenol A.''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect 18 months after the date of enactment of 
     this Act.
       (c) Regulation of Other Containers Composed of Bisphenol 
     A.--
       (1) Safety assessment of products composed of bpa.--Not 
     later than December 1, 2012, the Secretary of Health and 
     Human Services (referred to in this Act as the ``Secretary'') 
     shall issue a revised safety assessment for food containers 
     composed, in whole or in part, of bisphenol A, taking into 
     consideration different types of such food containers and the 
     use of such food containers with respect to different foods, 
     as appropriate.
       (2) Safety standard.--Through the safety assessment 
     described in paragraph (1), and taking into consideration the 
     requirements of section 409 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 348) and section 170.3(i) of title 
     21, Code of Federal Regulations, the Secretary shall 
     determine whether there is a reasonable certainty that no 
     harm will result from aggregate exposure to bisphenol A 
     through food containers or other items composed, in whole or 
     in part, of bisphenol A, taking into consideration potential 
     adverse effects from low dose exposure, and the effects of 
     exposure on vulnerable populations, including pregnant women, 
     infants, children, the elderly, and populations with high 
     exposure to bisphenol A.
       (3) Application of safety standard to alternatives.--The 
     Secretary shall use the safety standard described under 
     paragraph (2) to evaluate the proposed uses of alternatives 
     to bisphenol A.
       (d) Savings Provision.--Nothing in this section shall 
     affect the right of a State, political subdivision of a 
     State, or Indian Tribe to adopt or enforce any regulation, 
     requirement, liability, or standard of performance that is 
     more stringent than a regulation, requirement, liability, or 
     standard of performance under this section or that--
       (1) applies to a product category not described in this 
     section; or
       (2) requires the provision of a warning of risk, illness, 
     or injury associated with the use of food containers 
     composed, in whole or in part, of bisphenol A.
       (e) Definition.--For purposes of this section, the term 
     ``container'' includes the lining of a container.
                                 ______
                                 
      By Mr. REID (for Mrs. Feinstein (for herself, Mr. Inouye, Mrs. 
        Boxer, Mr. Sanders, Mr. Whitehouse, Mr. Casey, and Mr. 
        Lautenberg)):
  S. 137. A bill to amend the Public Health Service Act to provide 
protections for consumers against excessive, unjustified, or unfairly 
discriminatory increases in premium rates; to the Committee on Health, 
Education, Labor, and Pensions.
  Mrs. FEINSTEIN. Mr. President, in passing the Patient Protection and 
Affordable Care Act, PPACA, on March 23, 2010, the 111th Congress made 
great strides towards protecting consumers from egregious health 
insurance company practices. However, despite the passage of this 
historic legislation, the urgent need to protect Americans from unfair 
health insurance rate increases remains.
  Health insurance premiums have been spiraling upwards nationally at 
out-of-control rates--10, 20, 30 percent every year--all while big 
national insurance companies enjoy increasing profits.
  Without further legislative action, health insurance companies will 
continue to do what they have done for far too long: put their profits 
ahead of people.
  Over the past decade, family health insurance premiums have more than 
doubled, growing a shocking 130 percent, while workers' hourly earnings 
rose by only 38 percent, and inflation rose just 29 percent.
  From 2000-2008, individuals in the employer-sponsored market saw 
premiums increase an average of 90 percent.
  The cost of health insurance continues to outpace income and 
inflation for other goods and services, and these rapidly escalating 
costs strain businesses, families, and individuals.
  In 2009, 57 percent of people attempting to purchase insurance in the 
individual market found it difficult or impossible to afford coverage.
  All the while, in the third quarter of 2010, the six-largest 
investor-owned health insurance companies (Aetna, Coventry Health, 
United Health, Humana, WellPoint, and Cigna) saw a 22 percent increase 
in combined net income, putting them on pace to break their own profit 
record.
  The problem is that the health reform law did not go far enough to 
control these unfair premium increases, it leaves a loophole.
  Simply stated, there is no federal authority to do anything about 
these rate increases, even if they are unfair.
  We need to close this loophole.
  This is why today I am introducing, with Senators Boxer and Inouye, 
the Health Insurance Rate Review Act of 2011. Representative Schakowsky 
is introducing companion legislation in the House of Representatives.
  This legislation creates a federal fallback rate review process, and 
grants regulatory authority to block or modify rate increases that are 
excessive, unjustified, or unfairly discriminatory.
  This legislation is a simple, common-sense solution: for States where 
the insurance commissioner does not have or

[[Page S205]]

use authority to block unfair rate increases, the Secretary of Health 
and Human Services can do so.
  On March 4, 2010, I introduced similar legislation to what I am 
introducing today. I worked with the Administration and the Finance 
Committee in putting it together, and with Representative Schakowsky.
  President Obama included it in his health reform proposal, but 
unfortunately, it did not meet the criteria for reconciliation.
  The time has come now to take action.
  This legislation is necessary in order to protect consumers from the 
egregious abuses of insurance companies, especially before the majority 
of the consumer protections included in health reform are fully in 
place in 2014.
  It is disturbing that year after year, health insurance premiums 
spiral out control, all while insurance companies enjoy increasing 
profits.
  Insurance premiums make up a higher percentage of household income 
than ever before, meaning that more and more families have to choose 
between health care and daily living expenses, saving for retirement, 
and education.
  This is unacceptable, and more must be done to protect consumers.
  Everyone by now is familiar with the increases that Anthem/Blue 
Cross, a subsidiary of WellPoint, was set to impose--as much as 39 
percent--for 800,000 Californians.
  It turns out that Anthem Blue Cross used flawed data to calculate 
health insurance premium increases to hundreds of thousands of 
policyholders in California, resulting in increases that were larger 
than necessary.
  According to an independent analysis, the 25 percent average increase 
proposed by Anthem should have only been 15.2 percent.
  What is most disturbing is that Anthem's case is not an aberration. 
Far from it.
  This is not a problem unique to California. In the spring of 2010, 
health insurance companies pursued rate hikes in a number of States: as 
much as 60 percent in Illinois; 72 percent in Georgia; 50 percent in 
New Jersey; and 40 percent in Virginia, to name a few.
  The White House reports that premium rates have been rising across 
the Nation, with substantial geographic variation.
  For employer-sponsored family coverage, premiums increased 88 percent 
in Michigan over the past decade compared to a 145 percent increase in 
Alaska.
  A report by the Center for American Progress Action Fund found that 
this summer, WellPoint pursued double digit increases in the individual 
market for 10 other States: Colorado, Connecticut, Georgia, Indiana, 
Maine, Nevada, New Hampshire, New York, Virginia, and Wisconsin.
  The reporting requirements in the health reform law will improve the 
information available, but right now, comprehensive data on the premium 
increases insurers are imposing does not exist.
  In 2009, despite the worst economic downturn since the Great 
Depression, the five largest for-profit health insurance companies, 
WellPoint Inc., United Health Group Inc., Aetna Inc., Humana Inc., and 
Cigna Corp., set a full-year profit record. These companies saw a 56 
percent increase in profits from 2008 to 2009, from $7.7 billion to 
$12.1 billion.
  Furthermore, when many Americans were experiencing double-digit 
premium increases in 2009, high unemployment, and an average wage 
growth of only 2 percent, insurance CEOs gave themselves a 167 percent 
raise.
  CEO pay for the 10 largest for-profit health insurance companies was 
$228.1 million in 2009, up from $85.5 million in 2008.
  This doesn't even include the tens of millions more dollars in 
exercised stock options, and means that these CEOs raked in nearly $1 
billion in total compensation.
  In the first three months of 2010, the five largest for-profit health 
insurance companies, WellPoint Inc., United Health Group Inc., Aetna 
Inc., Humana Inc., and Cigna Corp., recorded a combined net income of 
$3.2 billion--a 31 percent jump over the same period in 2009.
  Meanwhile, large insurance companies now insure 2.8 million fewer 
Americans than they did on December 31, 2008. An estimated 59.1 million 
Americans were uninsured in the first quarter of 2010.
  The California HealthCare Foundation reported that 6.8 million 
California residents lack health coverage.
  That is 20 percent of the State's residents who are not able to 
afford health insurance.
  All the while, insurance companies have been reducing the amount they 
spend on actual health care. As profits and CEO pay increased, the 
amount of money insurers spent on medical care went down.
  The top six insurers drove down the portion of premiums spent on 
medical care. For example, the share of premium dollars that CIGNA 
spent on medical care decreased 6.4 percent in the second quarter of 
2010 compared to the prior year, and Humana's decreased 7.4 percent.
  Now, because of legislation in the health reform law, insurance 
companies have to spend 80-85 percent of premiums on medical care and 
quality improvement services, not on profits.
  This will go a long way to keeping insurance company greed in check, 
but we need to go farther.
  Clearly without additional legislative requirements, health insurance 
companies are not going to change.
  The Department of Health and Human Services recently published 
proposed rules defining the rate review process. These regulations are 
a first step towards protecting consumers and keeping insurers in 
check.
  But they fall short of creating a strong rate review system, and rely 
too heavily on the notion that public disclosure of rates will cause 
insurance companies to change their behavior.
  The regulations do not grant explicit regulatory authority--either 
State or Federal--to deny, modify, or block rate increases that are 
excessive, unjustified, or unfairly discriminatory.
  The health reform law requires insurance companies to provide 
justification for unreasonable premium increases to the Secretary of 
Health and Human Services and post them on their Web sites.
  The regulations subject rate increases of 10 percent or greater to 
additional scrutiny and review, but the State-specific thresholds in 
2012 could sanction increases higher than 10 percent.
  Transparency and increased scrutiny are steps forward, but there is 
still this loophole where there is no authority to block or modify even 
excessive, unjustified, and unfairly discriminatory increases.
  This is why I am again introducing my rate review legislation, which 
will grant this authority.
  I believe there needs to be a Federal fallback in States that lack 
the legal authority, capacity, or resources to conduct strong rate 
review.
  This legislation gives the Secretary of Health and Human Services the 
authority to block premium or other rate increases that are excessive, 
unjustified, or unfairly discriminatory.
  In some States, insurance commissioners already have that authority, 
and that is fine. The bill doesn't touch them.
  In Maine, for example, the State superintendent of insurance was able 
to block Anthem's proposed 18.5-percent increase last year. She 
approved only a 10.9-percent increase.
  In at least 17 States, including my own--California--companies are 
not required to receive prior approval for rate increases before they 
take effect.
  In these States, the Secretary would review potentially excessive, 
unjustified, or unfairly discriminatory rate increases and take 
corrective action. This could include blocking an increase, providing 
rebates to consumers, or adjusting an increase.
  Under this proposal, the Secretary would work with the National 
Association of Insurance Commissioners to implement the rate review 
process. States already doing this work will continue to do so unabated 
and unfettered. The legislation would not affect them.
  However, for the consumers in the other 17 States with no authority, 
such as California, protection from unfair rate hikes would be 
provided.
  Given the variation in State rate review authority and process, I 
think this proposal strikes the right balance.
  There is no need for involvement in States with insurance 
commissioners that are able to protect consumers. So the legislation I 
am introducing simply

[[Page S206]]

provides Federal protection for consumers who are currently at the 
mercy of large health insurance companies whose top priority is their 
bottom line.
  This legislation is particularly important given a recent report by 
the Kaiser Family Foundation showing that many States lack the capacity 
and resources to conduct adequate rate review, regardless of the 
State's statutory authority to review rates.
  I strongly believe that we need to take action on this. The health 
reform law made great strides towards holding companies and 
shareholders accountable for providing health care at a reasonable 
rate.
  However, there is this loophole.
  So this bill becomes very necessary. Premiums are increasing every 
day, and people in many States have no recourse, and no way to know if 
a particular increase is unfair.
  There needs to be a Federal fallback in States that lack the legal 
authority, capacity, or resources to conduct strong rate review. In 
States where the Insurance Commissioner is not equipped to review, 
modify, and block unreasonable rates, my legislation would grant the 
Secretary of Health and Human Services the authority to do so.
  I urge my colleagues to join me in supporting this legislation, the 
Health Insurance Rate Review Act of 2011, which will close this 
loophole.
  I look forward to working with my colleagues on this important issue.
  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. 137

       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 ``Health Insurance Rate Review 
     Act''.

     SEC. 2. PROTECTION OF CONSUMERS FROM EXCESSIVE, UNJUSTIFIED, 
                   OR UNFAIRLY DISCRIMINATORY RATES.

       (a) Protection From Excessive, Unjustified, or Unfairly 
     Discriminatory Rates.--The first section 2794 of the Public 
     Health Service Act (42 U.S.C. 300gg-94), as added by section 
     1003 of the Patient Protection and Affordable Care Act 
     (Public Law 111-148), is amended by adding at the end the 
     following new subsection:
       ``(e) Protection From Excessive, Unjustified, or Unfairly 
     Discriminatory Rates.--
       ``(1) Authority of states.--Nothing in this section shall 
     be construed to prohibit a State from imposing requirements 
     (including requirements relating to rate review standards and 
     procedures and information reporting) on health insurance 
     issuers with respect to rates that are in addition to the 
     requirements of this section and are more protective of 
     consumers than such requirements.
       ``(2) Consultation in rate review process.--In carrying out 
     this section, the Secretary shall consult with the National 
     Association of Insurance Commissioners and consumer groups.
       ``(3) Determination of who conducts reviews for each 
     state.--The Secretary shall determine, after the date of 
     enactment of this section and periodically thereafter, the 
     following:
       ``(A) In which States the State insurance commissioner or 
     relevant State regulator shall undertake the corrective 
     actions under paragraph (4), as a condition of the State 
     receiving the grant in subsection (c), based on the 
     Secretary's determination that the State is adequately 
     prepared to undertake and is adequately undertaking such 
     actions.
       ``(B) In which States the Secretary shall undertake the 
     corrective actions under paragraph (4), in cooperation with 
     the relevant State insurance commissioner or State regulator, 
     based on the Secretary's determination that the State is not 
     adequately prepared to undertake or is not adequately 
     undertaking such actions.
       ``(4) Corrective action for excessive, unjustified, or 
     unfairly discriminatory rates.--In accordance with the 
     process established under this section, the Secretary or the 
     relevant State insurance commissioner or State regulator 
     shall take corrective actions to ensure that any excessive, 
     unjustified, or unfairly discriminatory rates are corrected 
     prior to implementation, or as soon as possible thereafter, 
     through mechanisms such as--
       ``(A) denying rates;
       ``(B) modifying rates; or
       ``(C) requiring rebates to consumers.''.
       (b) Clarification of Regulatory Authority.--Such section is 
     further amended--
       (1) in subsection (a)--
       (A) in the heading, by striking ``Premium'' and inserting 
     ``Rate'';
       (B) in paragraph (1), by striking ``unreasonable increases 
     in premiums'' and inserting ``potentially excessive, 
     unjustified, or unfairly discriminatory rates, including 
     premiums,''; and
       (C) in paragraph (2)--
       (i) by striking ``an unreasonable premium increase'' and 
     inserting ``a potentially excessive, unjustified, or unfairly 
     discriminatory rate'';
       (ii) by striking ``the increase'' and inserting ``the 
     rate''; and
       (iii) by striking ``such increases'' and inserting ``such 
     rates'';
       (2) in subsection (b)--
       (A) by striking ``premium increases'' each place it appears 
     and inserting ``rates''; and
       (B) in paragraph (2)(B), by striking ``premium'' and 
     inserting ``rate''; and
       (3) in subsection (c)(1)--
       (A) in the heading, by striking ``Premium'' and inserting 
     ``Rate'';
       (B) by inserting ``that satisfy the condition under 
     subsection (e)(3)(A)'' after ``award grants to States''; and
       (C) in subparagraph (A), by striking ``premium increases'' 
     and inserting ``rates''.
       (c) Conforming Amendment.--Title XXVII of the Public Health 
     Service Act (42 U.S.C. 300gg et seq.) is amended--
       (1) in section 2723 (42 U.S.C. 300gg-22), as redesignated 
     by the Patient Protection and Affordable Care Act--
       (A) in subsection (a)--
       (i) in paragraph (1), by inserting ``and section 2794'' 
     after ``this part''; and
       (ii) in paragraph (2), by inserting ``or section 2794'' 
     after ``this part''; and
       (B) in subsection (b)--
       (i) in paragraph (1), by inserting ``and section 2794'' 
     after ``this part''; and
       (ii) in paragraph (2)--

       (I) in subparagraph (A), by inserting ``or section 2794 
     that is'' after ``this part'' ; and
       (II) in subparagraph (C)(ii), by inserting ``or section 
     2794'' after ``this part''; and

       (2) in section 2761 (42 U.S.C. 300gg-61)--
       (A) in subsection (a)--
       (i) in paragraph (1), by inserting ``and section 2794'' 
     after ``this part''; and
       (ii) in paragraph (2)--

       (I) by inserting ``or section 2794'' after ``set forth in 
     this part''; and
       (II) by inserting ``and section 2794'' after ``the 
     requirements of this part''; and

       (B) in subsection (b)--
       (i) by inserting ``and section 2794'' after ``this part''; 
     and
       (ii) by inserting ``and section 2794'' after ``part A''.
       (d) Applicability to Grandfathered Plans.--Section 
     1251(a)(4)(A) of the Patient Protection and Affordable Care 
     Act (Public Law 111-148), as added by section 2301 of the 
     Health Care and Education Reconciliation Act of 2010 (Public 
     Law 111-152), is amended by adding at the end the following:
       ``(v) Section 2794 (relating to reasonableness of rates 
     with respect to health insurance coverage).''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act.
                                 ______
                                 
      By Mr. REID (for Mrs. Feinstein):
  S. 138. A bill to provide for conservation, enhanced recreation 
opportunities, and development of renewable energy in the California 
Desert Conservation Area, and for other purposes; to the Committee on 
Energy and Natural Resources.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce the 
California Desert Protection Act of 2011.
  This bill is an effort to plan for the competing uses--such as 
conservation, off-highway vehicle recreation, development, and military 
training--that are now being proposed for the desert. These uses of our 
public lands can coexist through comprehensive planning, but in the 
absence of such planning, it's quite possible that none will thrive.
  During the previous Congress I introduced similar legislation to help 
preserve pristine desert lands that were donated to the Federal 
Government for permanent conservation a decade ago, but that more 
recently have come under threat of development because of a flawed 
bureaucratic process that failed to protect them.
  Over the last year the bill was endorsed by more than 100 
organizations and agencies, and it had a hearing in the Energy and 
Natural Resources Committee.
  I am grateful to Senator Bingaman and his staff for working with me 
to prepare the bill for further action in the Energy and Natural 
Resources Committee. I believe we can revise the bill to address 
further the needs of renewable energy developers, the Department of 
Defense, off-road recreation enthusiasts, local government and others, 
and I look forward to continuing that effort in the new Congress.
  I strongly believe that conservation, renewable energy development 
and recreation can and must co-exist in the California Desert--and this 
legislation strikes a carefully conceived balance between these 
sometimes competing concerns.
  The key provisions of this bill would designate two new national 
monuments--the Mojave Trails and the Sand

[[Page S207]]

to Snow National Monuments; add adjacent lands to the Joshua Tree and 
Death Valley National Parks and the Mojave National Preserve; designate 
5 new BLM wilderness areas and protect 4 important waterways--including 
the Amargosa River and Deep Creek--as Wild and Scenic Rivers; and 
enhance recreational opportunities in the desert and ensure that the 
training needs of the military are met.
  This bill is the product of painstaking discussions with key 
stakeholders including environmental groups, local and State 
government, off-highway recreation enthusiasts, hunters, cattle 
ranchers, mining interests, the Department of Defense, wind and solar 
energy companies, California's public utility companies, and many 
others. I am grateful for all of their efforts.
  The previous version of my bill proposed specific improvements to the 
Department of the Interior's rules governing the development of 
renewable energy on public lands. I'm pleased that the Department has 
instituted a number of new policies over the last year which have 
greatly improved the process. Consequently, the current bill focuses 
primarily on conservation, recreation and other important uses of the 
California desert.
  However, I intend to work with my colleagues from the West on 
separate legislation to further expedite the development of wind and 
solar energy in California and the West.
  The California Desert Protection Act, which was enacted in 1994, was 
a sweeping piece of legislation aimed at conserving some of the most 
beautiful and ecologically significant lands in my home State.
  The law created Death Valley National Park, Joshua Tree National Park 
and the Mojave National Preserve, as well as 69 desert wilderness areas 
managed by the Bureau of Land Management, BLM.
  Collectively, it protected more than 7 million acres of desert lands, 
making it the largest land conservation bill in the lower 48 States in 
U.S. history.
  To this day, it remains one of my proudest accomplishments since 
joining this body.
  Much has changed since the passage of the California Desert 
Protection Act. Many of the impediments that prevented conservation of 
other pristine desert lands in the area no longer exist.
  For example the Department of Defense concerns with designating some 
wilderness areas near Fort Irwin have been resolved; many mining areas 
inside national parks and potential wilderness have closed; grazing 
allotments on both BLM and National Park Service land have been retired 
by willing sellers; hundreds of thousands of acres of privately owned 
land have been donated to or acquired by the Federal Government.
  Yet even as these issues were resolved, new challenges have emerged. 
There are now competing demands over how best to manage hundreds of 
thousands of acres of public lands in the desert.
  Some believe the lands should be used for large-scale solar and wind 
facilities and transmission lines. Others would like to conserve 
critical habitat for threatened and endangered species.
  Some would like more acreage available for grazing or for off-road 
recreation.
  Finally, some would like to see additional lands made available for 
military training and base expansion.
  Two years ago, I learned that BLM had accepted applications to build 
vast solar and wind energy projects on former railroad lands previously 
owned by the Catellus Corporation. These lands had been donated to the 
Federal Government or acquired with taxpayer funds with the explicit 
goal of conservation.
  Approximately $45 million of private donations--including a $5 
million land discount from Catellus Corporation--and $18 million in 
Federal Land and Water Conservation grants was spent to purchase these 
lands, with the intent of conserving them in perpetuity.
  As the sponsor of the legislative provisions that helped secure the 
deal to acquire the roughly 600,000 acres of former private land, I 
found the BLM's actions unacceptable.
  We have an obligation to honor our commitment to conserve these 
lands--and I believe we can still accomplish that goal while also 
fulfilling California's commitment to develop a clean energy portfolio.
  I believe the development of these new cleaner energy sources is 
vital to addressing climate change, yet we must be careful about 
selecting where these facilities are located.
  I plan to work with senators from Western States to improve the 
renewable energy permitting process to allow quicker development of 
renewable energy projects on private and disturbed public land. This 
effort likely requires separate legislation and improved regulation.
  I applaud the Department of the Interior's efforts over the last year 
to address this problem, especially Interior's proposed designation of 
24 solar energy zones encompassing 677,000 acres of public land in 6 
Western States. By designating these zones in appropriate areas and 
streamlining the permitting process for projects proposed there, the 
Department has helped ensure that sensitive areas of the desert can be 
preserved.
  As BLM finalizes the creation of these Zones and its new Solar Energy 
Program, I will push BLM to create a development zone in the West 
Mojave, conduct sufficient study of zones to ensure projects in these 
locations can be permitted quickly, and establish the program's rules 
as expeditiously as possible.

  I will continue to suggest ways that the U.S. Fish and Wildlife 
Service can improve permitting on private lands, the Defense Department 
can welcome development on its bases, and the Forest Service can 
utilize its own lands. These matters may require legislation.
  There is enough land in California's desert to protect the most 
precious areas of the Mojave and aggressively develop renewable 
resources where permitting will be rapid. California must develop 
15,000 to 20,000 megawatts of renewable power to meet its climate goals 
by 2020, and the current permitting process will need to vastly improve 
for the state to meet this goal.
  First, this bill will ensure that hundreds of thousands of acres of 
land donated to the federal government for conservation will be 
protected by creating the Mojave Trails National Monument. This new 
monument would cover approximately 941,000 acres of federal land, which 
includes approximately 266,000 acres of the former Catellus-owned 
railroad lands along historic Route 66. I visited the area and was 
amazed by the beauty of the massive valleys, pristine dry lakes, and 
rugged mountains.
  In addition to its iconic sweeping desert vistas and majestic 
mountain ranges, this area of the Eastern Mojave also contains critical 
wildlife corridors linking Joshua Tree National Park and the Mojave 
National Preserve. It also encompasses hundreds of thousands of acres 
designated as areas of critical environmental concern, critical habitat 
for the threatened desert tortoise, and ancient lava bed flows and 
craters. It is surrounded by more than a dozen BLM wilderness areas.
  The BLM would be given the authority to both conserve the monument 
lands, and also to maintain existing recreational uses, including 
hunting, vehicular travel on open roads and trails, camping, horseback 
riding and rockhounding.
  The bill also creates an advisory committee to help develop and 
oversee the implementation of the monument management plan. It would be 
comprised of representatives from local, state and federal government, 
conservation and recreation groups, and local Native American tribes.
  Before I go on to the other conservation provisions in the bill, I 
would like to address one important issue--and that is what should be 
done about some of the proposed renewable energy development projects 
proposed for lands included in this monument.
  Although it is true that the monument will prevent further 
consideration of some applications to develop solar and wind energy 
projects on former Catellus lands or adjoining lands in the monument, 
it is important to note that of the proposals in question, not a single 
one has been granted a permit, nor is a single one under review at the 
California Energy Commission or under formal NEPA, National 
Environmental Policy Act, review at BLM.
  To ensure that creation of the monument does not unnecessarily harm 
the

[[Page S208]]

firms that worked in good faith and invested substantial time and 
resources to produce renewable energy in California, the legislation 
will offer these companies an opportunity to relocate their projects to 
federal renewable energy zones currently being developed by the 
Department of the Interior.
  Additionally, the monument would not prevent the construction or 
expansion of necessary transmission lines critical to linking renewable 
energy generation facilities with the electricity grid.
  Second, the bill would establish the ``Sand to Snow National 
Monument,'' encompassing 134,000 acres of land from the desert floor in 
the Coachella Valley up to the top of Mount San Gorgonio, the highest 
peak in Southern California.
  The boundaries of this second, smaller new monument would include two 
Areas of Critical Environmental Concern: Big Morongo Canyon and 
Whitewater Canyon, the BLM and U.S. Forest Service San Gorgonio 
Wilderness, the Wildlands Conservancy's Pipe's Canyon and Mission Creek 
Preserves, and additional public and private conservation lands, 
including two wildlife movement corridor areas connecting the 
Peninsular Ranges with the Transverse Ranges.
  This area is truly remarkable, and would arguably be the most 
environmentally diverse national monument in the country. It serves as 
the intersection of three converging ecological systems--the Mojave 
Desert, the Colorado Desert, and the San Bernardino mountains--and is 
one of the most important wildlife corridors in Southern California.
  This monument designation would protect 23.6 miles of the Pacific 
Crest Trail and the habitat for approximately 240 species of migrating 
and breeding birds, the second highest density of nesting birds in the 
United States. It also serves as a home and a crucial migration 
corridor for animals traveling between Joshua Tree National Park, the 
oasis at Big Morongo, and the higher elevations of the San Bernardino 
Mountains.
  I'd like to make one additional point, and that is that despite its 
ecological significance, this area is not particularly well-known--
largely because it is managed by a number of distinct entities, 
including the BLM, Forest Service, National Park Service and private 
preserves and conservation agencies. So, the monument designation would 
help to attract more attention to one of California's natural gems.
  Third, the bill establishes new wilderness areas and allows more 
appropriate use of lands currently designated as Wilderness Study 
Areas.
  The 1994 California Desert Protection Act extended wilderness 
protection to many areas in the desert, yet several areas near Fort 
Irwin were designated as wilderness study areas in order to allow the 
base to expand.
  Now that Fort Irwin's expansion is complete, it is time to consider 
these areas for permanent wilderness designation.
  The bill protects approximately 250,000 acres of BLM land as 
wilderness in five areas. These areas contain some of the most pristine 
and rugged landscapes in the California desert.
  Beyond Fort Irwin, the bill also expands wilderness areas in Death 
Valley National Park, 90,000 acres, and the San Bernardino National 
Forest, 4,300 acres, inside the Sand to Snow National Monument created 
by this bill.
  The bill also releases 126,000 acres of land from their existing 
wilderness study area designation in response to requests from local 
government and recreation users. This will allow the land to be made 
available for other purposes, including recreational off-highway 
vehicle use on designated routes.
  Fourth, this bill would create the Vinagre Wash Special Management 
Area.
  The agreed-upon designation for this area in Imperial County, near 
the Colorado River, was reached after careful discussion with key 
stakeholders.
  Although the land possesses some wilderness characteristics, there 
are also competing interests. The Navy Seals currently use some of this 
area for occasional training. Additionally, many local residents enjoy 
touring the rolling hills in the area by jeep.
  Through the combined efforts of conservation groups, local residents 
and county government, and the Department of Defense, a compromise 
conservation designation was developed.
  For the land known as the Vinagre Wash, the bill will create a 
``special management area'' covering 76,000 acres, including 12,000 
acres of former railroad lands donated to the federal government.
  Of these, 49,000 acres are designated as potential wilderness and 
only become permanent wilderness if and when the Department of Defense 
determines these lands are no longer needed for Navy Seal training.
  This designation will permit the area to continue to be accessed by 
vehicles and be used for camping, hiking, mountain biking, sightseeing, 
and off-highway vehicle use on designated routes and protect tribal 
cultural assets in the area.
  Fifth, the bill adds to or designates four new Wild and Scenic 
Rivers, totaling 76 miles in length. These designations will ensure the 
rivers remain clean and free-flowing and that their immediate 
environments are preserved. These beautiful waterways are Deep Creek 
and the Whitewater River in and near the San Bernardino National 
Forest, as well as the Amargosa River and Surprise Canyon Creek near 
Death Valley National Park.
  Sixth, the bill adds approximately 74,000 acres of adjacent lands to 
the three National Parks established by the 1994 California Desert 
Protection Act: 41,000 acres in Death Valley National Park. This 
includes former mining areas where the claims have been retired and a 
narrow strip of BLM land between National Park and Defense Department 
boundaries that has made BLM management difficult; almost 30,000 acres 
in the Mojave National Preserve. This land was not included in the 
original Monument because of the former Viceroy gold mine. However, the 
mining operations ceased several years ago and the reclamation process 
is nearly complete. Additionally, a 2007 analysis by the Interior 
Department recommended that this area would be suitable to add to the 
Preserve; 2,900 acres in Joshua Tree National Park. This includes 
multiple small parcels of BLM land identified for disposal on its 
periphery. Transferring this land to the Park Service would help 
protect Joshua Tree by preserving these undeveloped areas that border 
residential communities.
  Seventh, the bill designates new lands as Off-Highway Vehicle 
Recreation Areas.
  One of the key goals I have strived for in this bill is to find 
balance to ensure that the many different needs and uses in the desert 
are accommodated with the least possible conflict. Some of the most 
frequent visitors to the desert are the off-highway recreation 
enthusiasts.
  In California alone, there are over 1 million registered off-highway 
vehicles, many of which can be found exploring thousands of miles of 
desert trails or BLM designated open areas.
  However, in order to meet military training needs, the Marine Corps 
is studying the potential expansion of Marine Corps Air Ground Combat 
Center at Twentynine Palms into Johnson Valley, the largest OHV area in 
the country. I strongly support providing our troops with the best 
possible training, but if the Marines need to expand the base into 
Johnson Valley, this could have potentially resulted in the loss of 
tens of thousands of acres of OHV recreation lands.
  In 2009 I met with Major General Eugene Payne, Assistant Deputy 
Commandant for Installations and Logistics, and Brigadier General 
Melvin Spiese, Commanding General, Training and Education Command, to 
discuss this issue, and I am very grateful for their efforts to 
consider base expansion options that would preserve much of Johnson 
Valley for recreation.
  As the result of those meetings, the Marine Corps has committed to 
studying an alternative that would allow for a portion of Johnson 
Valley to be used exclusively for military training, another portion to 
be used exclusively for continued OHV recreation and a third area for 
joint use. While the environmental review process must first be 
completed, I am hopeful that this option will prevail for the benefit 
of the Marines and recreational users of Johnson Valley.
  The lesson learned from Johnson Valley is that, despite the vast size 
of the California desert, there are relatively

[[Page S209]]

few areas dedicated to OHV recreation, and even those areas face 
increasing competition from other types of uses. These areas are 
important not only to the hundreds of thousands visitors who enjoy 
them, but also to the local economy that depends on their tourist 
dollars. Additionally, by protecting these areas, we also protect 
conservation areas by providing appropriate places for OHV recreation.
  This bill will designate five existing OHV areas in the Mojave desert 
as permanent OHV areas, providing off-highway groups some certainty 
that these uses will be protected as much as conservation areas. 
Collectively, these areas could be as much as 314,000 acres, depending 
on what, if any, of Johnson Valley is ultimately needed by the Marines.
  This section of the bill also requires the Secretary of the Inerior 
to conduct a study to determine which, if any, lands adjacent to these 
recreation areas would be suitable for addition. This will help make up 
for some of the lost acres in Johnson Valley should the Marines decide 
to expand there.
  Finally, this bill includes other key provisions that address various 
challenges and opportunities in the California desert, including state 
land exchanges. There are currently about 370,000 acres of state lands 
spread across the California desert in isolated 640 acre parcels. 
Because many of these acres are inside national parks, wilderness, the 
proposed monuments or conservation areas, they are largely unusable. 
The bill seeks to remedy that problem by requiring the Department of 
the Interior to develop and implement a plan with the state to complete 
the exchange of these lands for other BLM or GSA owned property in the 
next ten years. These land exchanges will help consolidate the state 
lands into larger, more usable areas that could potentially provide the 
state with viable sites for renewable energy development, off-highway 
vehicle recreation or other commercial purposes.
  Military activities. The bill ensures the right of the Department of 
Defense to conduct low-level overflights over wilderness, national 
parks and national monuments.
  Climate change and wildlife corridors. The bill requires the 
Department of the Interior to study the impact of climate change on 
California desert species migration, incorporate the study's results 
and recommendations into land use management plans, and consider the 
study's findings when making decisions granting rights of way for 
projects on public lands.
  Tribal uses and interests. The bill requires the Secretary to ensure 
access for tribal cultural activities within national parks, monuments, 
wilderness and other areas designated within the bill. It also requires 
the Secretary to develop a cultural resources management plan to 
protect a sacred tribal trail along the Colorado River between southern 
Nevada and the California-Baja border.
  Prohibited uses of donated and acquired lands. In order to ensure 
that donated and acquired Catellus lands outside the Mojave Trails 
National Monument are maintained for conservation, the bill prohibits 
their use for development, mining, off-highway vehicle use, except 
designated routes, grazing, military training and other surface 
disturbing activities. The Secretary of the Interior is authorized to 
make limited exceptions in cases where it is deemed in the public 
interest, but comparable lands would have to be purchased and donated 
to the federal government as mitigation for lost acreage.
  All of these provisions, when taken together, would serve to 
complement the lasting conservation established by the California 
Desert Protection Act--while ensuring that other important local uses 
are maintained in appropriate areas.
  Though I have lived in or near San Francisco for most of my life, 
over the years I have come to truly appreciate California's sweeping 
desert landscapes.
  I remember my first visits to the desert years ago. It was treated 
like a waste dump. It was full of abandoned cars. Old appliances 
littered the landscape.
  But we have worked very hard to clean it up.
  We have worked to make sure that the vast vistas and pristine desert 
habitat are respected by humanity, and that we give to our children a 
healthier, more beautiful desert than we inherited.
  But if we are to remain successful in the long run, we must not only 
protect the desert land itself, we must also protect the broader 
environment from the ravages of climate change, and we must offer 
economic opportunity to those who live in these areas.
  That is the purpose of this legislation. There are many places in the 
California desert where development and employment are essential and 
appropriate.
  But there are also places that future generations will thank us for 
setting aside.
  I have worked painstakingly with stakeholders to ensure that this 
legislation balances sometimes competing needs.
  This bill, if enacted, will have a positive and enduring impact on 
the landscape of the Southern California desert by conserving pristine 
areas while meeting the needs of all desert stakeholders.
  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. 138

       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 ``California 
     Desert Protection Act of 2011''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to the California Desert Protection Act of 1994.

             ``TITLE XIII--MOJAVE TRAILS NATIONAL MONUMENT

``Sec. 1301. Definitions.
``Sec. 1302. Establishment of the Mojave Trails National Monument.
``Sec. 1303. Management of the Monument.
``Sec. 1304. Uses of the monument.
``Sec. 1305. Acquisition of land.
``Sec. 1306. Advisory Committee.
``Sec. 1307. Renewable energy right-of-way applications.

              ``TITLE XIV--SAND TO SNOW NATIONAL MONUMENT

``Sec. 1401. Definitions.
``Sec. 1402. Establishment of the Sand to Snow National Monument.
``Sec. 1403. Management of the Monument.
``Sec. 1404. Uses of the Monument.
``Sec. 1405. Acquisition of land.
``Sec. 1406. Advisory Committee.

                         ``TITLE XV--WILDERNESS

``Sec. 1501. Designation of wilderness areas.
``Sec. 1502. Management.
``Sec. 1503. Release of wilderness study areas.

          ``TITLE XVI--DESIGNATION OF SPECIAL MANAGEMENT AREA

``Sec. 1601. Definitions.
``Sec. 1602. Establishment of the Vinagre Wash Special Management Area.
``Sec. 1603. Management.
``Sec. 1604. Potential wilderness.

              ``TITLE XVII--NATIONAL PARK SYSTEM ADDITIONS

``Sec. 1701. Death Valley National Park boundary revision.
``Sec. 1702. Mojave National Preserve.
``Sec. 1703. Joshua Tree National Park boundary revision.
``Sec. 1704. Authorization of appropriations.

          ``TITLE XVIII--OFF-HIGHWAY VEHICLE RECREATION AREAS

``Sec. 1801. Designation of off-highway vehicle recreation areas.

                       ``TITLE XIX--MISCELLANEOUS

``Sec. 1901. State land transfers and exchanges.
``Sec. 1902. Military activities.
``Sec. 1903. Climate change and wildlife corridors.
``Sec. 1904. Prohibited uses of donated and acquired land.
``Sec. 1905. Tribal uses and interests.
Sec. 3. Designation of wild and scenic rivers.

     SEC. 2. AMENDMENTS TO THE CALIFORNIA DESERT PROTECTION ACT OF 
                   1994.

       (a) In General.--Public Law 103-433 (16 U.S.C. 410aaa et 
     seq.) is amended by adding at the end the following:

             ``TITLE XIII--MOJAVE TRAILS NATIONAL MONUMENT

     ``SEC. 1301. DEFINITIONS.

       ``In this title:
       ``(1) Map.--The term `map' means the map entitled `Boundary 
     Map, Mojave Trails National Monument' and dated November 19, 
     2009.
       ``(2) Monument.--The term `Monument' means the Mojave 
     Trails National Monument established by section 1302(a).

[[Page S210]]

       ``(3) Study area.--The term `study area' means the land 
     that--
       ``(A) is described in--
       ``(i) the notice of the Bureau of Land Management of 
     September 15, 2008 entitled `Notice of Proposed Legislative 
     Withdrawal and Opportunity for Public Meeting; California' 
     (73 Fed. Reg. 53269); or
       ``(ii) any subsequent notice in the Federal Register that 
     is related to the notice described in clause (i); and
       ``(B) has been segregated by the Director of the Bureau of 
     Land Management.

     ``SEC. 1302. ESTABLISHMENT OF THE MOJAVE TRAILS NATIONAL 
                   MONUMENT.

       ``(a) Establishment.--There is designated in the State the 
     Mojave Trails National Monument.
       ``(b) Purposes.--The purposes of the Monument are--
       ``(1) to preserve the nationally significant biological, 
     cultural, recreational, geological, educational, historic, 
     scenic, and scientific values--
       ``(A) in the Central and Eastern Mojave Desert; and
       ``(B) along historic Route 66; and
       ``(2) to secure the opportunity for present and future 
     generations to experience and enjoy the magnificent vistas, 
     wildlife, land forms, and natural and cultural resources of 
     the Monument.
       ``(c) Boundaries.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Monument shall consist of the Federal land and Federal 
     interests in land within the boundaries depicted on the map.
       ``(2) Exclusions.--
       ``(A) Study area.--Subject to subparagraph (B), the study 
     area shall be excluded from the Monument to permit the 
     Secretary of the Navy to study the land within the study area 
     for--
       ``(i) withdrawal in accordance with the Act of February 28, 
     1958 (43 U.S.C. 155 et seq.); and
       ``(ii) potential inclusion into the Marine Corps Air Ground 
     Combat Center at Twentynine Palms, California, for national 
     defense purposes.
       ``(B) Incorporation in monument.--After action by the 
     Secretary of Defense and Congress regarding the withdrawal 
     under subparagraph (A), any land within the study area that 
     is not withdrawn shall be incorporated into the Monument.
       ``(d) Map; Legal Descriptions.--
       ``(1) Legal description.--As soon as practicable after the 
     date of enactment of this title, the Secretary shall submit 
     to the Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate legal descriptions of the Monument, 
     based on the map.
       ``(2) Corrections.--The map and legal descriptions of the 
     Monument shall have the same force and effect as if included 
     in this title, except that the Secretary may correct clerical 
     and typographical errors in the map and legal descriptions.
       ``(3) Availability of map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the Bureau of Land Management.

     ``SEC. 1303. MANAGEMENT OF THE MONUMENT.

       ``(a) In General.--The Secretary shall--
       ``(1) only allow uses of the Monument that--
       ``(A) further the purposes described in section 1302(b);
       ``(B) are included in the management plan developed under 
     subsection (g); and
       ``(C) do not interfere with the utility rights-of-way or 
     corridors authorized under section 1304(f); and
       ``(2) subject to valid existing rights, manage the Monument 
     to protect the resources of the Monument, in accordance 
     with--
       ``(A) this Act;
       ``(B) the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1701 et seq.); and
       ``(C) any other applicable provisions of law.
       ``(b) Cooperation Agreements; General Authority.--
     Consistent with the management plan and existing authorities 
     applicable to the Monument, the Secretary may enter into 
     cooperative agreements and shared management arrangements 
     (including special use permits with any person (including 
     educational institutions and Indian tribes)), for the 
     purposes of interpreting, researching, and providing 
     education on the resources of the Monument.
       ``(c) Administration of Subsequently Acquired Land.--Any 
     land or interest in land within the boundaries of the 
     Monument that is acquired by the Secretary after the date of 
     enactment of this title shall be managed by the Secretary in 
     accordance with this title.
       ``(d) Limitations.--
       ``(1) Property rights.--The establishment of the Monument 
     does not--
       ``(A) affect--
       ``(i) any property rights of an Indian reservation, 
     individually held trust land, or any other Indian allotments;
       ``(ii) any land or interests in land held by the State, any 
     political subdivision of the State, or any special district; 
     or
       ``(iii) any private property rights within the boundaries 
     of the Monument; or
       ``(B) grant to the Secretary any authority on or over non-
     Federal land not already provided by law.
       ``(2) Authority.--The authority of the Secretary under this 
     title extends only to Federal land and Federal interests in 
     land included in the Monument.
       ``(e) Adjacent Management.--
       ``(1) In general.--Nothing in this title creates any 
     protective perimeter or buffer zone around the Monument.
       ``(2) Activities outside monument.--The fact that an 
     activity or use on land outside the Monument can be seen or 
     heard within the Monument shall not preclude the activity or 
     use outside the boundary of the Monument.
       ``(3) No additional regulation.--Nothing in this title 
     requires additional regulation of activities on land outside 
     the boundary of the Monument.
       ``(f) Air and Water Quality.--Nothing in this title affects 
     the standards governing air or water quality outside the 
     boundary of the Monument.
       ``(g) Management Plan.--
       ``(1) In general.--The Secretary shall--
       ``(A) not later than 3 years after the date of enactment of 
     this title, complete a management plan for the conservation 
     and protection of the Monument; and
       ``(B) on completion of the management plan--
       ``(i) submit the management plan to--

       ``(I) the Committee on Natural Resources of the House of 
     Representatives; and
       ``(II) the Committee on Energy and Natural Resources of the 
     Senate; and

       ``(ii) make the management plan available to the public.
       ``(2) Inclusions.--The management plan shall include 
     provisions that--
       ``(A) provide for the conservation and protection of the 
     Monument;
       ``(B) authorize the continued recreational uses of the 
     Monument (including hiking, camping, hunting, mountain 
     biking, sightseeing, off-highway vehicle recreation on 
     designated routes, rockhounding, and horseback riding), if 
     the recreational uses are consistent with this section and 
     any other applicable law;
       ``(C) address the need for and, as necessary, establish 
     plans for, the installation, construction, and maintenance of 
     public utility energy transport facilities within rights-of-
     way in the Monument, including provisions that require that 
     the activities be conducted in a manner that minimizes the 
     impact on Monument resources (including resources relating to 
     the ecological, cultural, historic, and scenic viewshed of 
     the Monument), in accordance with any other applicable law;
       ``(D) address the designation and maintenance of roads, 
     trails, and paths in the Monument;
       ``(E) address regional fire management planning and 
     coordination between the Director of the Bureau of Land 
     Management, the Director of the National Park Service, and 
     San Bernardino County; and
       ``(F) address the establishment of a visitor center to 
     serve the Monument and adjacent public land.
       ``(3) Preparation and implementation.--
       ``(A) Applicable law.--The Secretary shall prepare and 
     implement the management plan in accordance with the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
     any other applicable laws.
       ``(B) Consultation.--In preparing and implementing the 
     management plan, the Secretary shall periodically consult 
     with--
       ``(i) the advisory committee established under section 
     1306;
       ``(ii) interested private property owners and holders of 
     valid existing rights located within the boundaries of the 
     Monument; and
       ``(iii) representatives of the Fort Mojave Indian tribe, 
     the Colorado River Indian Tribe, the Chemehuevi Indian tribe, 
     and other Indian tribes with historic or cultural ties to 
     land within, or adjacent to, the Monument regarding the 
     management of portions of the Monument containing sacred 
     sites or cultural importance to the Indian tribes.
       ``(4) Interim management.--Except as otherwise provided in 
     this Act, pending completion of the management plan for the 
     Monument, the Secretary shall manage any Federal land and 
     Federal interests in land within the boundary of the 
     Monument--
       ``(A) consistent with the existing permitted uses of the 
     land;
       ``(B) in accordance with the general guidelines and 
     authorities of the existing management plans of the Bureau of 
     Land Management for the land; and
       ``(C) in a manner consistent with--
       ``(i) the purposes described in section 1302(b);
       ``(ii) the provisions of the management plan under 
     paragraph (2); and
       ``(iii) applicable Federal law.
       ``(h) Effect of Section.--Nothing in this section 
     diminishes or alters existing authorities applicable to 
     Federal land included in the Monument.

     ``SEC. 1304. USES OF THE MONUMENT.

       ``(a) Use of Off-highway Vehicles.--
       ``(1) In general.--The use of off-highway vehicles in the 
     Monument (including the use of off-highway vehicles for 
     commercial touring) shall be permitted to continue on 
     designated routes, subject to all applicable law and and 
     authorized by the management plan.
       ``(2) Nondesignated routes.--Off-highway vehicle access 
     shall be permitted on nondesignated routes and trails in the 
     Monument--
       ``(A) for administrative purposes;
       ``(B) to respond to an emergency; or
       ``(C) as authorized under the management plan.
       ``(3) Inventory.--Not later than 2 years after the date of 
     enactment of this title, the Director of the Bureau of Land 
     Management shall complete an inventory of all existing routes 
     in the Monument.
       ``(b) Hunting, Trapping, and Fishing.--

[[Page S211]]

       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary shall permit hunting, trapping, and fishing within 
     the Monument in accordance with applicable Federal and State 
     laws (including regulations) in effect as of the date of 
     enactment of this title.
       ``(2) Trapping.--No amphibians or reptiles may be collected 
     within the Monument.
       ``(3) Regulations.--The Secretary, after consultation with 
     the California Department of Fish and Game, may issue 
     regulations designating zones where, and establishing periods 
     during which, no hunting, trapping, or fishing shall be 
     permitted in the Monument for reasons of public safety, 
     administration, resource protection, or public use and 
     enjoyment.
       ``(c) Grazing.--
       ``(1) In general.--Nothing in this title terminates any 
     valid existing grazing allotment within the Monument.
       ``(2) Effect on blair permit.--Nothing in this title 
     affects the Lazy Daisy grazing permit (permittee number 9076) 
     on land included in the Monument, including the transfer of 
     title to the grazing permit to the Secretary or to a private 
     party.
       ``(3) Permit retirement.--The Secretary may acquire base 
     property and associated grazing permits within the Monument 
     for purposes of permanently retiring the permit if--
       ``(A) the permittee is a willing seller;
       ``(B) the permittee and Secretary reach an agreement 
     concerning the terms and conditions of the acquisition; and
       ``(C) termination of the allotment would further the 
     purposes of the Monument described in section 1302(b).
       ``(d) Access to State and Private Land.--The Secretary 
     shall provide adequate access to each owner of non-Federal 
     land or interests in non-Federal land within the boundary of 
     the Monument to ensure the reasonable use and enjoyment of 
     the land or interest by the owner.
       ``(e) Limitations.--
       ``(1) Commercial enterprises.--Except as provided in 
     paragraphs (2) and (3), or as required for the maintenance, 
     upgrade, expansion, or development of energy transport 
     facilities in the corridors described in subsection (g), no 
     commercial enterprises shall be authorized within the 
     boundary of the Monument after the date of enactment of this 
     title.
       ``(2) Authorized exceptions.--The Secretary may authorize 
     exceptions to paragraph (1) if the Secretary determines that 
     the commercial enterprises would further the purposes 
     described in section 1302(b).
       ``(3) Applicability.--This subsection does not apply to--
       ``(A) transmission and telecommunication facilities that 
     are owned or operated by a utility subject to regulation by 
     the Federal Government or a State government or a State 
     utility with a service obligation (as those terms are defined 
     in section 217 of the Federal Power Act (16 U.S.C. 824q)); or
       ``(B) commercial vehicular touring enterprises within the 
     Monument that operate on designated routes.
       ``(f) Utility Rights-of-way.--
       ``(1) In general.--Nothing in this title precludes, 
     prevents, or inhibits the maintenance, upgrade, expansion, or 
     development of energy transport facilities within the 
     Monument that are critical to reducing the effects of climate 
     change on the environment.
       ``(2) Authorization.--The Secretary shall, to the maximum 
     extent practicable--
       ``(A) permit rights-of-way and alignments that best protect 
     the values and resources of the Monument described in section 
     1302(b); and
       ``(B) ensure that existing rights-of-way and utility 
     corridors within the Monument are fully utilized before 
     permitting new rights-of-way or designating new utility 
     corridors within the Monument.
       ``(3) Effect on existing facilities and rights-of-way.--
     Nothing in this section terminates or limits--
       ``(A) any valid right-of-way within the Monument in 
     existence on the date of enactment of this title (including 
     customary operation, maintenance, repair, or replacement 
     activities in a right-of-way); or
       ``(B) a right-of-way authorization issued on the expiration 
     of an existing right-of-way authorization described in 
     subparagraph (A).
       ``(4) Upgrading and expansion of existing rights-of-way.--
     Nothing in this subsection prohibits the upgrading (including 
     the construction or replacement), expansion, or assignment of 
     an existing utility transmission line for the purpose of 
     increasing the capacity of--
       ``(A) a transmission line in existing rights-of-way; or
       ``(B) a right-of-way issued, granted, or permitted by the 
     Secretary that is contiguous or adjacent to existing 
     transmission line rights-of-way.
       ``(5) Interstate 40 transportation corridor.--For purposes 
     of underground utility rights-of-way under this subsection, 
     the Secretary shall consider the Interstate 40 transportation 
     corridor to be equivalent to an existing utility right-of-way 
     corridor.
       ``(6) New rights-of-way.--
       ``(A) In general.--Any new rights-of-way or new uses within 
     existing rights-of-way shall--
       ``(i) only be permitted in energy corridors or expansions 
     of energy corridors that are designated as of the date of 
     enactment of this title; and
       ``(ii) subject to subparagraph (B), require review and 
     approval under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.).
       ``(B) Approval.--New rights-of-way or uses or expansions of 
     existing corridors under subparagraph (A) shall only be 
     approved if the head of the applicable lead Federal agency, 
     in consultation with other agencies as appropriate, 
     determines that the new rights-of-way, uses, or expansions 
     are consistent with--
       ``(i) this title;
       ``(ii) other applicable laws;
       ``(iii) the purposes of the Monument described in section 
     1302(b); and
       ``(iv) the management plan for the Monument.
       ``(g) West Wide Energy Corridor.--
       ``(1) Alternative alignment.--Subject to paragraph (2), to 
     further the purposes of the Monument described in section 
     1302(b), the Secretary may require a realignment of the 
     energy right-of-way corridor numbered 27-41 and designated 
     under the energy corridor planning process established by 
     section 368 of the Energy Policy Act of 2005 (42 U.S.C. 
     15926) if an alternative alignment within the Monument--
       ``(A) provides substantially similar energy transmission 
     capacity and reliability;
       ``(B) does not impair other existing rights-of-way; and
       ``(C) is compatible with military training requirements.
       ``(2) Consultation.--Before establishing an alternative 
     alignment of the energy right-of-way corridor under paragraph 
     (1), the Secretary shall consult with--
       ``(A) the Secretary of Energy;
       ``(B) the Secretary of Defense;
       ``(C) the State, including the transmission permitting 
     agency of the State;
       ``(D) units of local government in the State; and
       ``(E) any entities possessing valid existing rights-of-way 
     within--
       ``(i) the energy corridor described in paragraph (1); or
       ``(ii) any potential alternative energy corridor.
       ``(3) Effect on energy transport corridors.--Nothing in 
     this subsection diminishes the utility of energy transport 
     corridors located within the Monument and identified under 
     section 368 of the Energy Policy Act of 2005 (42 U.S.C. 
     15926), Energy Corridors E or I (as designated in the 
     California Desert Conservation Area Plan), or energy 
     corridors numbered 27-41 and 27-225 and designated by a 
     record of decision--
       ``(A) to provide locations for--
       ``(i) electric transmission facilities that improve 
     reliability, relieve congestion, and enhance the national 
     grid; and
       ``(ii) oil, gas, and hydrogen pipelines; and
       ``(B) to provide locations for electric transmission 
     facilities that--
       ``(i) promote renewable energy generation;
       ``(ii) otherwise further the interest of the United States 
     if the transmission facilities are identified as critical--

       ``(I) in a Federal law; or
       ``(II) through a regional transmission planning process; or

       ``(iii) consist of high-voltage transmission facilities 
     critical to the purposes described in clause (i) or (ii).
       ``(4) Land use planning.--In conducting land use planning 
     for the Monument, the Secretary--
       ``(A) shall consider the existing locations of the 
     corridors described in paragraph (3); and
       ``(B) subject to paragraph (5), may amend the location of 
     any energy corridors to comply with purposes of the Monument 
     if the amended corridor--
       ``(i) provides connectivity across the landscape that is 
     equivalent to the connectivity provided by the existing 
     location;
       ``(ii) meets the criteria established by--

       ``(I) section 368 of the Energy Policy Act of 2005 (42 
     U.S.C. 15926); and
       ``(II) the record of decision for the applicable corridor; 
     and

       ``(iii) does not impair or restrict the uses of existing 
     rights-of-way.
       ``(5) Consultation required.--Before amending a corridor 
     under paragraph (4)(B), the Secretary shall consult with all 
     interested parties (including the persons identified in 
     section 368(a) of the Energy Policy Act of 2005 (42 U.S.C. 
     15926(a))), in accordance with applicable laws (including 
     regulations).
       ``(h) Overflights.--Nothing in this title or the management 
     plan restricts or precludes--
       ``(1) overflights (including low-level overflights) of 
     military, commercial, and general aviation aircraft that can 
     be seen or heard within the Monument;
       ``(2) the designation or creation of new units of special 
     use airspace; or
       ``(3) the establishment of military flight training routes 
     over the Monument.
       ``(i) Withdrawals.--
       ``(1) In general.--Subject to valid existing rights and 
     except as provided in paragraph (2), the Federal land and 
     interests in Federal land included within the Monument are 
     withdrawn from--
       ``(A) all forms of entry, appropriation, or disposal under 
     the public land laws;
       ``(B) location, entry, and patent under the public land 
     mining laws;
       ``(C) operation of the mineral leasing, geothermal leasing, 
     and mineral materials laws; and
       ``(D) energy development and power generation.

[[Page S212]]

       ``(2) Exchange.--Paragraph (1) does not apply to an 
     exchange that the Secretary determines would further the 
     protective purposes of the Monument.
       ``(j) Access to Renewable Energy Facilities.--
       ``(1) In general.--On a determination that no reasonable 
     alternative access exists and subject to paragraph (2), the 
     Secretary may allow new right-of-ways within the Monument to 
     provide vehicular access to renewable energy project sites 
     outside the boundaries of the Monument.
       ``(2) Restrictions.--To the maximum extent practicable, the 
     rights-of-way shall be designed and sited to be consistent 
     with the purposes of the Monument described in section 
     1302(b).

     ``SEC. 1305. ACQUISITION OF LAND.

       ``(a) In General.--The Secretary may acquire for inclusion 
     in the Monument any land or interests in land within the 
     boundary of the Monument owned by the State, units of local 
     government, Indian tribes, or private individuals only by--
       ``(1) donation;
       ``(2) exchange with a willing party; or
       ``(3) purchase from a willing seller for fair market value.
       ``(b) Use of Easements.--To the maximum extent practicable 
     and only with the approval of the landowner, the Secretary 
     may use permanent conservation easements to acquire an 
     interest in land in the Monument rather than acquiring fee 
     simple title to the land.
       ``(c) Incorporation of Acquired Land and Interests in 
     Land.--Any land or interest in land within the boundaries of 
     the Monument that is acquired by the United States after the 
     date of enactment of this title shall be added to and 
     administered as part of the Monument.
       ``(d) Donated and Acquired Land.--
       ``(1) In general.--All land within the boundary of the 
     Monument donated to the United States or acquired using 
     amounts from the land and water conservation fund established 
     under section 2 of the Land and Water Conservation Fund Act 
     of 1965 (16 U.S.C. 460l-5) before, on, or after the date of 
     enactment of this title--
       ``(A) is withdrawn from mineral entry;
       ``(B) shall be managed in accordance with section 1904; and
       ``(C) shall be managed consistent with the purposes of the 
     Monument described in section 1302(b).
       ``(2) Effect on monument.--Land within the boundary of the 
     Monument that is contiguous to land donated to the United 
     States or acquired using amounts from the land and water 
     conservation fund established under section 2 of the Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) shall 
     be managed in a manner consistent with conservation purposes, 
     subject to applicable law.

     ``SEC. 1306. ADVISORY COMMITTEE.

       ``(a) In General.--The Secretary shall establish an 
     advisory committee for the Monument, the purpose of which is 
     to advise the Secretary with respect to the preparation and 
     implementation of the management plan required by section 
     1303(g).
       ``(b) Membership.--To the extent practicable, the advisory 
     committee shall include the following members, to be 
     appointed by the Secretary:
       ``(1) A representative with expertise in natural science 
     and research selected from a regional university or research 
     institute.
       ``(2) A representative of the California Natural Resources 
     Agency.
       ``(3) A representative of the California Public Utilities 
     Commission.
       ``(4) A representative of the County of San Bernardino, 
     California.
       ``(5) A representative of each of the cities of Barstow, 
     Needles, Twentynine Palms, and Yucca Valley, California.
       ``(6) A representative of each of the Colorado River, Fort 
     Mojave, and the Chemehuevi Indian tribes.
       ``(7) A representative from the Department of Defense.
       ``(8) A representative of the Wildlands Conservancy.
       ``(9) A representative of a local conservation 
     organization.
       ``(10) A representative of a historical preservation 
     organization.
       ``(11) A representative from each of the following 
     recreational activities:
       ``(A) Off-highway vehicles.
       ``(B) Hunting.
       ``(C) Rockhounding.
       ``(c) Terms.--
       ``(1) In general.--In appointing members under paragraphs 
     (1) through (11) of subsection (b), the Secretary shall 
     appoint 1 primary member and 1 alternate member that meets 
     the qualifications described in each of those paragraphs.
       ``(2) Vacancy.--
       ``(A) Primary member.--A vacancy on the advisory committee 
     with respect to a primary member shall be filled by the 
     applicable alternate member.
       ``(B) Alternate member.--The Secretary shall appoint a new 
     alternate members in the event of a vacancy with respect to 
     an alternate member of the advisory committee.
       ``(3) Termination.--
       ``(A) In general.--The term of all members of the advisory 
     committee shall terminate on the termination of the advisory 
     committee under subsection (g).
       ``(B) New advisory committee.--At the discretion of the 
     Secretary, the Secretary may establish a new advisory 
     committee on the termination of the advisory committee under 
     subsection (g) to provide ongoing recommendations on the 
     management of the Monument.
       ``(d) Quorum.--A quorum of the advisory committee shall 
     consist of a majority of the primary members.
       ``(e) Chairperson and Procedures.--
       ``(1) In general.--The advisory committee shall select a 
     chairperson and vice chairperson from among the primary 
     members of the advisory committee.
       ``(2) Duties.--The chairperson and vice chairperson 
     selected under paragraph (1) shall establish any rules and 
     procedures for the advisory committee that the chairperson 
     and vice-chairperson determine to be necessary or desirable.
       ``(f) Service Without Compensation.--Members of the 
     advisory committee shall serve without pay.
       ``(g) Termination.--The advisory committee shall cease to 
     exist on--
       ``(1) the date on which the management plan is officially 
     adopted by the Secretary; or
       ``(2) at the discretion of the Secretary, a later date 
     established by the Secretary.

     ``SEC. 1307. RENEWABLE ENERGY RIGHT-OF-WAY APPLICATIONS.

       ``(a) In General.--Applicants for rights-of-way for the 
     development of solar energy facilities that have been 
     terminated by the establishment of the Monument shall be 
     granted the right of first refusal to apply for replacement 
     sites that--
       ``(1) have not previously been encumbered by right-of-way 
     applications; and
       ``(2) are located within the Solar Energy Zones designated 
     by the Solar Energy Programmatic Environmental Impact 
     Statement of the Department of the Interior and the 
     Department of Energy.
       ``(b) Eligibility.--To be eligible for a right of first 
     refusal under subsection (a), an applicant shall have, on or 
     before December 1, 2009--
       ``(1) submitted an application for a right-of-way to the 
     Bureau of Land Management;
       ``(2) completed a plan of development to develop a solar 
     energy facility on land within the Monument;
       ``(3) submitted cost recovery funds to the Bureau of Land 
     Management to assist with the costs of processing the right-
     of-way application;
       ``(4) successfully submitted an application for an 
     interconnection agreement with an electrical grid operator 
     that is registered with the North American Electric 
     Reliability Corporation; and
       ``(5)(A) secured a power purchase agreement; or
       ``(B) a financially and technically viable solar energy 
     facility project, as determined by the Director of the Bureau 
     of Land Management.
       ``(c) Equivalent Energy Production.--Each right-of-way for 
     a replacement site granted under this section shall--
       ``(1) authorize the same energy production at the 
     replacement site as had been applied for at the site that had 
     been the subject of the terminated application; and
       ``(2) have--
       ``(A) appropriate solar insolation and geotechnical 
     attributes; and
       ``(B) adequate access to existing transmission or feasible 
     new transmission.
       ``(d) Existing Rights-of-way Applications.--Nothing in this 
     section alters, affects, or displaces primary rights-of-way 
     applications within the Solar Energy Study Areas unless the 
     applications are otherwise altered, affected, or displaced as 
     a result of the Solar Energy Programmatic Environmental 
     Impact Statement of the Department of the Interior and the 
     Department of Energy.
       ``(e) Deadlines.--A right of first refusal granted under 
     this section shall only be exercisable by the later of--
       ``(1) the date that is 180 days after the date of enactment 
     of this title; or
       ``(2) the date that is 180 days after the date of the 
     designation of the Solar Energy Zones under the Solar Energy 
     Programmatic Environmental Impact Statement.
       ``(f) Expedited Application Processing.--The Secretary 
     shall expedite the review of replacement site applications 
     from eligible applicants, as described in subsection (b).

              ``TITLE XIV--SAND TO SNOW NATIONAL MONUMENT

     ``SEC. 1401. DEFINITIONS.

       ``In this title:
       ``(1) Map.--The term `map' means the map entitled `Boundary 
     Map, Sand to Snow National Monument' and dated October 26, 
     2009.
       ``(2) Monument.--The term `Monument' means the Sand to Snow 
     National Monument established by section 1402(a).
       ``(3) Secretaries.--The term `Secretaries' means the 
     Secretary of the Interior and the Secretary of Agriculture, 
     acting jointly.

     ``SEC. 1402. ESTABLISHMENT OF THE SAND TO SNOW NATIONAL 
                   MONUMENT.

       ``(a) Establishment.--There is designated in the State the 
     Sand to Snow National Monument.
       ``(b) Purposes.--The purposes of the Monument are--
       ``(1) to preserve the nationally significant biological, 
     cultural, educational, geological, historic, scenic, and 
     recreational values at the convergence of the Mojave and 
     Colorado Desert and the San Bernardino Mountains; and
       ``(2) to secure the opportunity for present and future 
     generations to experience and enjoy the magnificent vistas, 
     wildlife, land forms, and natural and cultural resources of 
     the Monument.

[[Page S213]]

       ``(c) Boundaries.--The Monument shall consist of the 
     Federal land and Federal interests in land within the 
     boundaries depicted on the map.
       ``(d) Map; Legal Descriptions.--
       ``(1) Legal description.--As soon as practicable after the 
     date of enactment of this title, the Secretary shall submit 
     to the Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate legal descriptions of the Monument, 
     based on the map.
       ``(2) Corrections.--The map and legal descriptions of the 
     Monument shall have the same force and effect as if included 
     in this title, except that the Secretary may correct clerical 
     and typographical errors in the map and legal descriptions.
       ``(3) Availability of map.--The map shall be on file and 
     available for public inspection in appropriate offices of the 
     Bureau of Land Management.

     ``SEC. 1403. MANAGEMENT OF THE MONUMENT.

       ``(a) In General.--The Secretary shall--
       ``(1) only allow uses of the Monument that--
       ``(A) further the purposes described in section 1402(b);
       ``(B) are included in the management plan developed under 
     subsection (g); and
       ``(C) do not interfere with the utility rights-of-way 
     authorized under section 1405(e); and
       ``(2) subject to valid existing rights, manage the Monument 
     to protect the resources of the Monument, in accordance 
     with--
       ``(A) this title;
       ``(B) the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1701 et seq.); and
       ``(C) any other applicable provisions of law.
       ``(b) Cooperation Agreements; General Authority.--
     Consistent with the management plan and existing authorities 
     applicable to the Monument, the Secretary may enter into 
     cooperative agreements and shared management arrangements 
     (including special use permits with any person (including 
     educational institutions and Indian tribes)), for the 
     purposes of interpreting, researching, and providing 
     education on the resources of the Monument.
       ``(c) Administration of Subsequently Acquired Land.--Any 
     land or interest in land within the boundaries of the 
     Monument that is acquired by the Secretary of the Interior or 
     the Secretary of Agriculture after the date of enactment of 
     this title shall be managed by the Secretary of Agriculture 
     or the Secretary of the Interior, respectively, in accordance 
     with this title.
       ``(d) Limitations.--
       ``(1) Property rights.--The establishment of the Monument 
     does not--
       ``(A) affect--
       ``(i) any property rights of an Indian reservation, 
     individually held trust land, or any other Indian allotments;
       ``(ii) any land or interests in land held by the State, any 
     political subdivision of the State, or any special district; 
     or
       ``(iii) any private property rights within the boundaries 
     of the Monument; or
       ``(B) grant to the Secretary any authority on or over non-
     Federal land not already provided by law.
       ``(2) Authority.--The authority of the Secretary under this 
     title extends only to Federal land and Federal interests in 
     land included in the Monument.
       ``(e) Adjacent Management.--
       ``(1) In general.--Nothing in this title creates any 
     protective perimeter or buffer zone around the Monument.
       ``(2) Activities outside monument.--The fact that an 
     activity or use on land outside the Monument can be seen or 
     heard within the Monument shall not preclude the activity or 
     use outside the boundary of the Monument.
       ``(3) No additional regulation.--Nothing in this title 
     requires additional regulation of activities on land outside 
     the boundary of the Monument.
       ``(f) Air and Water Quality.--Nothing in this title affects 
     the standards governing air or water quality outside the 
     boundary of the Monument.
       ``(g) Management Plan.--
       ``(1) In general.--The Secretaries shall--
       ``(A) not later than 3 years after the date of enactment of 
     this title, complete a management plan for the conservation 
     and protection of the Monument; and
       ``(B) on completion of the management plan--
       ``(i) submit the management plan to--

       ``(I) the Committee on Natural Resources of the House of 
     Representatives; and
       ``(II) the Committee on Energy and Natural Resources of the 
     Senate; and

       ``(ii) make the management plan available to the public.
       ``(2) Inclusions.--The management plan shall include 
     provisions that--
       ``(A) provide for the conservation and protection of the 
     Monument;
       ``(B) authorize the continued recreational uses of the 
     Monument (including hiking, camping, hunting, mountain 
     biking, sightseeing, off-highway vehicle recreation on 
     designated routes, rockhounding, and horseback riding), if 
     the recreational uses are consistent with this title and any 
     other applicable law;
       ``(C) address the need for and, as necessary, establish 
     plans for, the installation, construction, and maintenance of 
     public utility energy transport facilities within rights-of-
     way in the Monument outside of designated wilderness areas, 
     including provisions that require that--
       ``(i) the activities be conducted in a manner that 
     minimizes the impact on Monument resources (including 
     resources relating to the ecological, cultural, historic, and 
     scenic viewshed of the Monument), in accordance with any 
     other applicable law; and
       ``(ii) the facilities are consistent with this section and 
     any other applicable law;
       ``(D) address the designation and maintenance of roads, 
     trails, and paths in the Monument;
       ``(E) address regional fire management planning and 
     coordination between the Director of the Bureau of Land 
     Management, the Chief of the Forest Service, Riverside 
     County, and San Bernardino County; and
       ``(F) address the establishment of a visitor center to 
     serve the Monument and adjacent public land.
       ``(3) Preparation and implementation.--
       ``(A) Applicable law.--The Secretary shall prepare and 
     implement the management plan in accordance with the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
     any other applicable laws.
       ``(B) Consultation.--In preparing and implementing the 
     management plan, the Secretary shall periodically consult 
     with--
       ``(i) the advisory committee established under section 
     1406;
       ``(ii) interested private property owners and holders of 
     valid existing rights located within the boundaries of the 
     Monument; and
       ``(iii) representatives of the Morongo Band of Mission 
     Indians and other Indian tribes with historic or cultural 
     ties to land within, or adjacent to, the Monument regarding 
     the management of portions of the Monument that are of 
     cultural importance to the Indian tribes.
       ``(4) Interim management.--Except as otherwise prohibited 
     by this Act, pending completion of the management plan for 
     the Monument, the Secretary shall manage any Federal land and 
     Federal interests in land within the boundary of the 
     Monument--
       ``(A) consistent with the existing permitted uses of the 
     land;
       ``(B) in accordance with the general guidelines and 
     authorities of the existing management plans of the Bureau of 
     Land Management and the Forest Service for the land; and
       ``(C) in a manner consistent with--
       ``(i) the purposes described in section 1402(b);
       ``(ii) the provisions of the management plan under 
     paragraph (2); and
       ``(iii) applicable Federal law.
       ``(5) Effect of section.--Nothing in this section 
     diminishes or alters existing authorities applicable to 
     Federal land included in the Monument.

     ``SEC. 1404. USES OF THE MONUMENT.

       ``(a) Use of Off-highway Vehicles.--
       ``(1) In general.--The use of off-highway vehicles in the 
     Monument (including the use of off-highway vehicles for 
     commercial touring) shall be permitted to continue on 
     designated routes, subject to all applicable law and 
     authorized by the management plan.
       ``(2) Nondesignated routes.--Off-highway vehicle access 
     shall be permitted on nondesignated routes and trails in the 
     Monument--
       ``(A) for administrative purposes;
       ``(B) to respond to an emergency; or
       ``(C) as authorized under the management plan.
       ``(3) Inventory.--Not later than 2 years after the date of 
     enactment of this title, the Director of the Bureau of Land 
     Management shall complete an inventory of all existing routes 
     in the Monument.
       ``(b) Hunting, Trapping, and Fishing.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary shall permit hunting, trapping, and fishing within 
     the Monument in accordance with applicable Federal and State 
     laws (including regulations) as of the date of enactment of 
     this title.
       ``(2) Trapping.--No amphibians or reptiles may be collected 
     within the Monument.
       ``(3) Regulations.--The Secretary, after consultation with 
     the California Department of Fish and Game, may issue 
     regulations designating zones where, and establishing periods 
     during which, no hunting, trapping, or fishing shall be 
     permitted in the Monument for reasons of public safety, 
     administration, resource protection, or public use and 
     enjoyment.
       ``(c) Access to State and Private Land.--The Secretary 
     shall provide adequate access to each owner of non-Federal 
     land or interests in non-Federal land within the boundary of 
     the Monument to ensure the reasonable use and enjoyment of 
     the land or interest by the owner.
       ``(d) Limitations.--
       ``(1) Commercial enterprises.--Except as provided in 
     paragraphs (2) and (3), or as required for the maintenance, 
     upgrade, expansion, or development of energy transport 
     facilities in the corridors described in subsection (e), no 
     commercial enterprises shall be authorized within the 
     boundary of the Monument after the date of enactment of this 
     title.
       ``(2) Authorized exceptions.--The Secretary may authorize 
     exceptions to paragraph (1) if the Secretary determines that 
     the commercial enterprises would further the purposes 
     described in section 1402(b).
       ``(3) Transmission and telecommunication facilities.--This 
     subsection does not apply to--
       ``(A) transmission and telecommunication facilities that 
     are owned or operated by a utility subject to regulation by 
     the Federal

[[Page S214]]

     Government or a State government or a State utility with a 
     service obligation (as those terms are defined in section 217 
     of the Federal Power Act (16 U.S.C. 824q)); or
       ``(B) commercial vehicular touring enterprises within the 
     Monument that operate on designated routes.
       ``(e) Utility Rights-of-way.--
       ``(1) In general.--Nothing in this Act precludes, prevents, 
     or inhibits the maintenance, upgrade, expansion, or 
     development of energy transport facilities within the 
     Monument that are critical to reducing the effects of climate 
     change on the environment.
       ``(2) Right-of-way.--To the maximum extent practicable--
       ``(A) the Secretary shall permit rights of way and 
     alignments that best protect the values and resources of the 
     Monument described in section 1402(b); and
       ``(B) the Secretary shall ensure that existing rights-of-
     way and utility corridors within the Monument are fully 
     utilized before permitting new rights-of-way or designating 
     new utility corridors within the Monument.
       ``(3) Effect on existing facilities and rights-of-way.--
     Nothing in this section terminates or limits--
       ``(A) any valid right-of-way in existence within the 
     Monument on the date of enactment of this title (including 
     customary operation, maintenance, repair, or replacement 
     activities in a right-of-way); or
       ``(B) a right-of-way authorization issued on the expiration 
     or the assignment of an existing right-of-way authorization 
     described in subparagraph (A).
       ``(4) Upgrading and expansion of existing rights-of-way.--
     Nothing in this subsection prohibits the upgrading (including 
     the construction or replacement), expansion, or assignment of 
     an existing utility transmission line for the purpose of 
     increasing the capacity of--
       ``(A) a transmission line in existing rights-of-way; or
       ``(B) a right-of-way issued, granted, or permitted by the 
     Secretary that is contiguous or adjacent to existing 
     transmission line rights-of-way.
       ``(5) New rights-of-way.--
       ``(A) In general.--Any new rights-of-way or new uses within 
     existing rights-of-way shall, subject to subparagraph (B), 
     require review and approval under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       ``(B) Approval.--New uses under subparagraph (A) shall only 
     be approved if the head of the applicable lead Federal 
     agency, in consultation with other applicable agencies, 
     determine that the uses are consistent with--
       ``(i) this title;
       ``(ii) other applicable laws;
       ``(iii) the purposes of the Monument described in section 
     1402(b); and
       ``(iv) the management plan for the Monument.
       ``(6) Effect on energy transport corridors.--Nothing in 
     this subsection diminishes the utility of energy transport 
     corridors located within the Monument designated by a record 
     of decision--
       ``(A) to provide locations for--
       ``(i) electric transmission facilities that improve 
     reliability, relieve congestion, and enhance the national 
     grid; and
       ``(ii) oil, gas, and hydrogen pipelines; and
       ``(B) to provide locations for electric transmission 
     facilities that--
       ``(i) promote renewable energy generation;
       ``(ii) otherwise further the interest of the United States 
     if the transmission facilities are identified as critical in 
     law or through a regional transmission planning process; or
       ``(iii) consist of high-voltage transmission facilities 
     critical to the purposes described in clause (i) or (ii).
       ``(7) Land use planning.--In conducting land use planning 
     for the Monument, the Secretary--
       ``(A) shall consider the existing locations of the 
     corridors described in paragraph (6); and
       ``(B) subject to paragraph (8), may amend the location of 
     any energy corridors to comply with purposes of the Monument 
     if the amended corridor--
       ``(i) provides connectivity across the landscape that is 
     equivalent to the connectivity provided by the existing 
     location;
       ``(ii) meets the criteria established by--

       ``(I) section 368 of the Energy Policy Act of 2005 (42 
     U.S.C. 15926); and
       ``(II) the record of decision for the applicable corridor; 
     and

       ``(iii) does not impair or restrict the uses of existing 
     rights-of-way.
       ``(8) Consultation required.--Before amending a corridor 
     under paragraph (7)(B), the Secretary shall consult with all 
     interested parties (including the persons identified in 
     section 368(a) of the Energy Policy Act of 2005 (42 U.S.C. 
     15926(a))), in accordance with applicable laws (including 
     regulations).
       ``(f) Overflights.--Nothing in this title or the management 
     plan restricts or precludes--
       ``(1) overflights (including low-level overflights) of 
     military, commercial, and general aviation aircraft that can 
     be seen or heard within the Monument;
       ``(2) the designation or creation of new units of special 
     use airspace; or
       ``(3) the establishment of military flight training routes 
     over the Monument.
       ``(g) Withdrawals.--
       ``(1) In general.--Subject to valid existing rights and 
     except as provided in paragraph (2), the Federal land and 
     interests in Federal land included within the Monument are 
     withdrawn from--
       ``(A) all forms of entry, appropriation, or disposal under 
     the public land laws;
       ``(B) location, entry, and patent under the public land 
     mining laws;
       ``(C) operation of the mineral leasing, geothermal leasing, 
     and mineral materials laws; and
       ``(D) energy development and power generation.
       ``(2) Exchange.--Paragraph (1) does not apply to an 
     exchange that the Secretary determines would further the 
     protective purposes of the Monument.
       ``(h) Access to Renewable Energy Facilities.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     may allow new right-of-ways within the Monument to provide 
     reasonable vehicular access to renewable energy project sites 
     outside the boundaries of the Monument.
       ``(2) Restrictions.--To the maximum extent practicable, the 
     rights-of-way shall be designed and sited to be consistent 
     with the purposes of the Monument described in section 
     1402(b).

     ``SEC. 1405. ACQUISITION OF LAND.

       ``(a) In General.--The Secretary may acquire for inclusion 
     in the Monument any land or interests in land within the 
     boundary of the Monument owned by the State, units of local 
     government, Indian tribes, or private individuals only by--
       ``(1) donation;
       ``(2) exchange with a willing party; or
       ``(3) purchase from a willing seller for fair market value.
       ``(b) Use of Easements.--To the maximum extent practicable 
     and only with the approval of the landowner, the Secretary 
     may use permanent conservation easements to acquire an 
     interest in land in the Monument rather than acquiring fee 
     simple title to the land.
       ``(c) Incorporation of Acquired Land and Interests in 
     Land.--Any land or interest in land within the boundaries of 
     the Monument that is acquired by the United States after the 
     date of enactment of this title shall be added to and 
     administered as part of the Monument.
       ``(d) Donated and Acquired Land.--
       ``(1) In general.--All land within the boundary of the 
     Monument donated to the United States or acquired using 
     amounts from the land and water conservation fund established 
     under section 2 of the Land and Water Conservation Fund Act 
     of 1965 (16 U.S.C. 460l-5) before, on, or after the date of 
     enactment of this title--
       ``(A) is withdrawn from mineral entry;
       ``(B) shall be managed in accordance with section 1904; and
       ``(C) shall be managed consistent with the purposes of the 
     Monument described in section 1402(b).
       ``(2) Effect on monument.--Land within the boundary of the 
     Monument that is contiguous to land donated to the United 
     States or acquired using amounts from the land and water 
     conservation fund established under section 2 of the Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) shall 
     be managed in a manner consistent with conservation purposes, 
     subject to applicable law.

     ``SEC. 1406. ADVISORY COMMITTEE.

       ``(a) In General.--The Secretary shall establish an 
     advisory committee for the Monument, the purpose of which is 
     to advise the Secretary with respect to the preparation and 
     implementation of the management plan required by section 
     1403(g).
       ``(b) Membership.--To the extent practicable, the advisory 
     committee shall include the following members, to be 
     appointed by the Secretary:
       ``(1) A representative with expertise in natural science 
     and research selected from a regional university or research 
     institute.
       ``(2) A representative of the Department of Defense.
       ``(3) A representative of the California Natural Resources 
     Agency.
       ``(4) A representative of each of San Bernardino and 
     Riverside Counties, California.
       ``(5) A representative of each of the cities of Desert Hot 
     Springs and Yucca Valley, California.
       ``(6) A representative of the Morongo Band of Mission 
     Indians.
       ``(7) A representative of the Friends of Big Morongo 
     Preserve.
       ``(8) A representative of the Wildlands Conservancy.
       ``(9) A representative of the Coachella Valley Mountains 
     Conservancy.
       ``(10) A representative of the San Gorgonio Wilderness 
     Association.
       ``(11) A representative of the Morongo Basin Community 
     Services District.
       ``(12) A representative from each of the following 
     recreational activities:
       ``(A) Off-highway vehicles.
       ``(B) Hunting.
       ``(C) Rockhounding.
       ``(c) Terms.--
       ``(1) In general.--In appointing members under paragraphs 
     (1) through (12) of subsection (b), the Secretary shall 
     appoint 1 primary member and 1 alternate member that meets 
     the qualifications described in each of those paragraphs.
       ``(2) Vacancy.--
       ``(A) Primary member.--A vacancy on the advisory committee 
     with respect to a primary member shall be filled by the 
     applicable alternate member.
       ``(B) Alternate member.--The Secretary shall appoint a new 
     alternate members in the event of a vacancy with respect to 
     an alternate member of the advisory committee.

[[Page S215]]

       ``(3) Termination.--
       ``(A) In general.--The term of all members of the advisory 
     committee shall terminate on the termination of the advisory 
     committee under subsection (g).
       ``(B) New advisory committee.--At the discretion of the 
     Secretary, the Secretary may establish a new advisory 
     committee on the termination of the advisory committee under 
     subsection (g) to provide ongoing recommendations on the 
     management of the Monument.
       ``(d) Quorum.--A quorum of the advisory committee shall 
     consist of a majority of the primary members.
       ``(e) Chairperson and Procedures.--
       ``(1) In general.--The advisory committee shall select a 
     chairperson and vice chairperson from among the primary 
     members of the advisory committee.
       ``(2) Duties.--The chairperson and vice chairperson 
     selected under paragraph (1) shall establish any rules and 
     procedures for the advisory committee that the chairperson 
     and vice-chairperson determine to be necessary or desirable.
       ``(f) Service Without Compensation.--Members of the 
     advisory committee shall serve without pay.
       ``(g) Termination.--The advisory committee shall cease to 
     exist on--
       ``(1) the date on which the management plan is officially 
     adopted by the Secretary; or
       ``(2) at the discretion of the Secretary, a later date 
     established by the Secretary.

                         ``TITLE XV--WILDERNESS

     ``SEC. 1501. DESIGNATION OF WILDERNESS AREAS.

       ``(a) Designation of Wilderness Areas to Be Administered by 
     the Bureau of Land Management.--In accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.) and sections 601 and 
     603 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1781, 1782), the following land in the State is 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       ``(1) Avawatz mountains wilderness.--Certain land in the 
     Conservation Area administered by the Director of the Bureau 
     of Land Management, comprising approximately 86,614 acres, as 
     generally depicted on the map entitled `Avawatz Mountains 
     Proposed Wilderness' and dated July 15, 2009, to be known as 
     the `Avawatz Mountains Wilderness'.
       ``(2) Golden valley wilderness.--Certain land in the 
     Conservation Area administered by the Director of the Bureau 
     of Land Management, comprising approximately 21,633 acres, as 
     generally depicted on the map entitled `Golden Valley 
     Proposed Wilderness' and dated July 15, 2009, which shall be 
     considered to be part of the `Golden Valley Wilderness'.
       ``(3) Great falls basin wilderness.--
       ``(A) In general.--Certain land in the Conservation Area 
     administered by the Director of the Bureau of Land 
     Management, comprising approximately 7,871 acres, as 
     generally depicted on the map entitled `Great Falls Basin 
     Proposed Wilderness' and dated October 26, 2009, to be known 
     as the `Great Falls Basin Wilderness'.
       ``(B) Limitations.--Designation of the wilderness under 
     subparagraph (A) shall not establish a Class I Airshed under 
     the Clean Air Act (42 U.S.C. 7401 et seq.).
       ``(4) Kingston range wilderness.--Certain land in the 
     Conservation Area administered by the Bureau of Land 
     Management, comprising approximately 53,321 acres, as 
     generally depicted on the map entitled `Kingston Range 
     Proposed Wilderness Additions' and dated July 15, 2009, which 
     shall be considered to be a part of as the `Kingston Range 
     Wilderness'.
       ``(5) Soda mountains wilderness.--Certain land in the 
     Conservation Area, administered by the Bureau of Land 
     Management, comprising approximately 79,376 acres, as 
     generally depicted on the map entitled `Soda Mountains 
     Proposed Wilderness' and dated October 26, 2009, to be known 
     as the `Soda Mountains Wilderness'.
       ``(b) Designation of Wilderness Areas to Be Administered by 
     the National Park Service.--In accordance with the Wilderness 
     Act (16 U.S.C. 1131 et seq.) and sections 601 and 603 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1781, 1782), the following land in the State is designated as 
     wilderness areas and as components of the National Wilderness 
     Preservation System:
       ``(1) Death valley national park wilderness additions.--
     Certain land in the Conservation Area administered by the 
     Director of the National Park Service, comprising 
     approximately 59,264 acres, as generally depicted on the map 
     entitled `Death Valley National Park Additions' and dated 
     October 1, 2009, which shall be considered to be a part of 
     the Death Valley National Park Wilderness.
       ``(2) Bowling alley wilderness.--Certain land in the 
     Conservation Area administered by the Director of the Bureau 
     of Land Management, comprising approximately 30,888 acres, as 
     generally depicted on the map entitled `Death Valley National 
     Park Proposed Wilderness Area', numbered 143/100080, and 
     dated June 2009, which shall be considered to be a part of 
     the Death Valley National Park Wilderness.
       ``(c) Designation of Wilderness Area to Be Administered by 
     the Forest Service.--
       ``(1) In general.--In accordance with the Wilderness Act 
     (16 U.S.C. 1131 et seq.) and sections 601 and 603 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1781, 1782), the land in the State described in paragraph (2) 
     is designated as a wilderness area and as a component of the 
     National Wilderness Preservation System.
       ``(2) Description of land.--The land referred to in 
     paragraph (1) is certain land in the San Bernardino National 
     Forest, comprising approximately 7,141 acres, as generally 
     depicted on the map entitled `Proposed Sand to Snow National 
     Monument' and dated October 26, 2009, which shall considered 
     to be a part of the San Gorgonio Wilderness.

     ``SEC. 1502. MANAGEMENT.

       ``(a) Adjacent Management.--
       ``(1) In general.--Nothing in this title creates any 
     protective perimeter or buffer zone around the wilderness 
     areas designated by section 1501.
       ``(2) Activities outside wilderness areas.--
       ``(A) In general.--The fact that an activity (including 
     military activities) or use on land outside a wilderness area 
     designated by section 1501 can be seen or heard within the 
     wilderness area shall not preclude or restrict the activity 
     or use outside the boundary of the wilderness area.
       ``(B) Effect on nonwilderness activities.--
       ``(i) In general.--In any permitting proceeding (including 
     a review under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.)) conducted with respect to a project 
     described in clause (ii) that is formally initiated through a 
     notice in the Federal Register before December 31, 2013, the 
     consideration of any visual, noise, or other impacts of the 
     project on a wilderness area designated by section 1501 shall 
     be conducted based on the status of the area before 
     designation as wilderness.
       ``(ii) Description of projects.--A project referred to in 
     clause (i) is a renewable energy project--

       ``(I) for which the Bureau of Land Management has received 
     a right-of-way use application on or before the date of 
     enactment of this Act; and
       ``(II) that is located outside the boundary of a wilderness 
     area designated by section 1501.

       ``(3) No additional regulation.--Nothing in this title 
     requires additional regulation of activities on land outside 
     the boundary of the wilderness areas.
       ``(4) Effect on military operations.--Nothing in this Act 
     alters any authority of the Secretary of Defense to conduct 
     any military operations at desert installations, facilities, 
     and ranges of the State that are authorized under any other 
     provision of law.
       ``(b) Maps; Legal Descriptions.--
       ``(1) In general.--As soon as practicable after the date of 
     enactment of this title, the Secretary shall file a map and 
     legal description of each wilderness area and wilderness 
     addition designated by section 1501 with--
       ``(A) the Committee on Natural Resources of the House of 
     Representatives; and
       ``(B) the Committee on Energy and Natural Resources of the 
     Senate.
       ``(2) Force of law.--A map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this title, except that the Secretary may 
     correct errors in the maps and legal descriptions.
       ``(3) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be filed and made available 
     for public inspection in the appropriate office of the 
     Secretary.
       ``(c) Administration.--Subject to valid existing rights, 
     the land designated as wilderness or as a wilderness addition 
     by section 1501 shall be administered by the Secretary in 
     accordance with this Act and the Wilderness Act (16 U.S.C. 
     1131 et seq.), except that any reference in that Act to the 
     effective date shall be considered to be a reference to the 
     date of enactment of this title.

     ``SEC. 1503. RELEASE OF WILDERNESS STUDY AREAS.

       ``(a) Finding.--Congress finds that, for purposes of 
     section 603 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1782), any portion of a wilderness study area 
     described in subsection (b) that is not designated as a 
     wilderness area or wilderness addition by section 1501 or any 
     other Act enacted before the date of enactment of this title 
     has been adequately studied for wilderness.
       ``(b) Description of Study Areas.--The study areas referred 
     to in subsection (a) are--
       ``(1) the Cady Mountains Wilderness Study Area;
       ``(2) the Great Falls Basin Wilderness Study Area; and
       ``(3) the Soda Mountains Wilderness Study Area.
       ``(c) Release.--Any portion of a wilderness study area 
     described in subsection (b) that is not designated as a 
     wilderness area or wilderness addition by section 1501 is no 
     longer subject to section 603(c) of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1782(c)).

          ``TITLE XVI--DESIGNATION OF SPECIAL MANAGEMENT AREA

     ``SEC. 1601. DEFINITIONS.

       ``In this title:
       ``(1) Management area.--The term `Management Area' means 
     the Vinagre Wash Special Management Area.
       ``(2) Map.--The term `map' means the map entitled `Vinagre 
     Wash Special Management Area-Proposed' and dated November 10, 
     2009.
       ``(3) Public land.--The term `public land' has the meaning 
     given the term `public

[[Page S216]]

     lands' in section 103 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1702).
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.

     ``SEC. 1602. ESTABLISHMENT OF THE VINAGRE WASH SPECIAL 
                   MANAGEMENT AREA.

       ``(a) Establishment.--There is established the Vinagre Wash 
     Special Management Area in the State, to be managed by the El 
     Centro Field Office and the Yuma Field Office of the Bureau 
     of Land Management.
       ``(b) Purpose.--The purpose of the Management Area is to 
     conserve, protect, and enhance--
       ``(1) the plant and wildlife values of the Management Area; 
     and
       ``(2) the outstanding and nationally significant 
     ecological, geological, scenic, recreational, archaeological, 
     cultural, historic, and other resources of the Management 
     Area.
       ``(c) Boundaries.--The Management Area shall consist of the 
     public land in Imperial County, California, comprising 
     approximately 74,714 acres, as generally depicted on the map.
       ``(d) Map; Legal Description.--
       ``(1) In general.--As soon as practicable, but not later 
     than 3 years, after the date of enactment of this title, the 
     Secretary shall submit a map and legal description of the 
     Management Area to--
       ``(A) the Committee on Natural Resources of the House of 
     Representatives; and
       ``(B) the Committee on Energy and Natural Resources of the 
     Senate.
       ``(2) Effect.--The map and legal description submitted 
     under paragraph (1) shall have the same force and effect as 
     if included in this title, except that the Secretary may 
     correct any errors in the map and legal description.
       ``(3) Availability.--Copies of the map submitted under 
     paragraph (1) shall be on file and available for public 
     inspection in--
       ``(A) the Office of the Director of the Bureau of Land 
     Management; and
       ``(B) the appropriate office of the Bureau of Land 
     Management in the State.

     ``SEC. 1603. MANAGEMENT.

       ``(a) In General.--The Secretary shall allow hiking, 
     camping, hunting, and sightseeing and the use of motorized 
     vehicles, mountain bikes, and horses on designated routes in 
     the Management Area in a manner that--
       ``(1) is consistent with the purpose of the Management Area 
     described in section 1602(b);
       ``(2) ensures public health and safety; and
       ``(3) is consistent with applicable law.
       ``(b) Off-highway Vehicle Use.--
       ``(1) In general.--Subject to paragraphs (2) and (3) and 
     all other applicable laws, the use of off-highway vehicles 
     shall be permitted on routes in the Management Area generally 
     depicted on the map.
       ``(2) Closure.--The Secretary may temporarily close or 
     permanently reroute a portion of a route described in 
     paragraph (1)--
       ``(A) to prevent, or allow for restoration of, resource 
     damage;
       ``(B) to protect tribal cultural resources, including the 
     resources identified in the tribal cultural resources 
     management plan developed under section 1905(c);
       ``(C) to address public safety concerns; or
       ``(D) as otherwise required by law.
       ``(3) Designation of additional routes.--During the 3-year 
     period beginning on the date of enactment of this title, the 
     Secretary--
       ``(A) shall accept petitions from the public regarding 
     additional routes for off-highway vehicles; and
       ``(B) may designate additional routes that the Secretary 
     determines--
       ``(i) would provide significant or unique recreational 
     opportunities; and
       ``(ii) are consistent with the purposes of the Management 
     Area.
       ``(c) Withdrawal.--Subject to valid existing rights, all 
     Federal land within the Management Area is withdrawn from--
       ``(1) all forms of entry, appropriation, or disposal under 
     the public land laws;
       ``(2) location, entry, and patent under the mining laws; 
     and
       ``(3) right-of-way, leasing, or disposition under all laws 
     relating to--
       ``(A) minerals; or
       ``(B) solar, wind, and geothermal energy.
       ``(d) No Buffers.--The establishment of the Management Area 
     shall not--
       ``(1) create a protective perimeter or buffer zone around 
     the Management Area; or
       ``(2) preclude uses or activities outside the Management 
     Area that are permitted under other applicable laws, even if 
     the uses or activities are prohibited within the Management 
     Area.
       ``(e) Notice of Available Routes.--The Secretary shall 
     ensure that visitors to the Management Area have access to 
     adequate notice relating to the availability of designated 
     routes in the Management Area through--
       ``(1) the placement of appropriate signage along the 
     designated routes;
       ``(2) the distribution of maps, safety education materials, 
     and other information that the Secretary determines to be 
     appropriate; and
       ``(3) restoration of areas that are not designated as open 
     routes, including vertical mulching.
       ``(f) Stewardship.--The Secretary, in consultation with 
     Indian tribes and other interests, shall develop a program to 
     provide opportunities for monitoring and stewardship of the 
     Management Area to minimize environmental impacts and prevent 
     resource damage from recreational use, including volunteer 
     assistance with--
       ``(1) route signage;
       ``(2) restoration of closed routes;
       ``(3) protection of Management Area resources; and
       ``(4) recreation education.
       ``(g) Protection of Tribal Cultural Resources.--Not later 
     than 2 years after the date of enactment of this title, the 
     Secretary, in accordance with the National Historic 
     Preservation Act (16 U.S.C. 470 et seq.) and any other 
     applicable law, shall--
       ``(1) prepare and complete a tribal cultural resources 
     survey of the Management Area; and
       ``(2) consult with the Quechan Indian Nation and other 
     Indian tribes demonstrating ancestral, cultural, or other 
     ties to the resources within the Management Area on the 
     development and implementation of the tribal cultural 
     resources survey under paragraph (1).

     ``SEC. 1604. POTENTIAL WILDERNESS.

       ``(a) Protection of Wilderness Character.--
       ``(1) In general.--The Secretary shall manage the Federal 
     land in the Management Area described in paragraph (2) in a 
     manner that preserves the character of the land for the 
     eventual inclusion of the land in the National Wilderness 
     Preservation System.
       ``(2) Description of land.--The Federal land described in 
     this paragraph is--
       ``(A) the approximately 9,160 acres of land, as generally 
     depicted on the map entitled `Indian Pass Wilderness 
     Additions-Proposed' and dated November 10, 2009;
       ``(B) the approximately 17,436 acres of land, as generally 
     depicted on the map entitled `Milpitas Wash Wilderness Area-
     Proposed' and dated November 10, 2009;
       ``(C) the approximately 13,647 acres of land, as generally 
     depicted on the map entitled `Buzzard Peak Wilderness Area-
     Proposed' and dated November 10, 2009; and
       ``(D) the approximately 8,090 acres of land, as generally 
     depicted on the map entitled `Palo Verde Mountain Wilderness 
     Additions-Proposed' and dated November 10, 2009.
       ``(3) Use of land.--
       ``(A) Military uses.--The Secretary shall manage the 
     Federal land in the Management Area described in paragraph 
     (2) in a manner that is consistent with the Wilderness Act 
     (16 U.S.C. 1131 et seq.), except that the Secretary may 
     authorize use of the land by the Secretary of the Navy for 
     Naval Special Warfare Tactical Training, including long-range 
     small unit training and navigation, vehicle concealment, and 
     vehicle sustainment training, in accordance with applicable 
     Federal laws.
       ``(B) Prohibited uses.--The following shall be prohibited 
     on the Federal land described in paragraph (2):
       ``(i) Permanent roads.
       ``(ii) Commercial enterprises.
       ``(iii) Except as necessary to meet the minimum 
     requirements for the administration of the Federal land and 
     to protect public health and safety--

       ``(I) the use of mechanized vehicles; and
       ``(II) the establishment of temporary roads.

       ``(4) Wilderness designation.--
       ``(A) In general.--The Federal land described in paragraph 
     (2) shall be designated as wilderness and as a component of 
     the National Wilderness Preservation System on the date on 
     which the Secretary, in consultation with the Secretary of 
     Defense, publishes a notice in the Federal Register that all 
     activities on the Federal land that are incompatible with the 
     Wilderness Act (16 U.S.C. 1131 et seq.) have terminated.
       ``(B) Designation.--On designation of the Federal land 
     under clause (i)--
       ``(i) the land described in paragraph (2)(A) shall be 
     incorporated in, and shall be considered to be a part of, the 
     Indian Pass Wilderness;
       ``(ii) the land described in paragraph (2)(B) shall be 
     designated as the `Milpitas Wash Wilderness';
       ``(iii) the land described in paragraph (2)(C) shall be 
     designated as the `Buzzard Peak Wilderness'; and
       ``(iv) the land described in paragraph (2)(D) shall be 
     incorporated in, and shall be considered to be a part of, the 
     Palo Verde Mountains Wilderness.
       ``(b) Administration of Wilderness.--Subject to valid 
     existing rights, the land designated as wilderness or as a 
     wilderness addition by this title shall be administered by 
     the Secretary in accordance with this Act and the Wilderness 
     Act (16 U.S.C. 1131 et seq.).

              ``TITLE XVII--NATIONAL PARK SYSTEM ADDITIONS

     ``SEC. 1701. DEATH VALLEY NATIONAL PARK BOUNDARY REVISION.

       ``(a) In General.--The boundary of Death Valley National 
     Park is adjusted to include--
       ``(1) the approximately 33,041 acres of Bureau of Land 
     Management land abutting the southern end of the Death Valley 
     National Park that lies between Death Valley National Park to 
     the north and Ft. Irwin Military Reservation to the south and 
     which runs approximately 34 miles from west to east, as 
     depicted on the map entitled `Death Valley National Park 
     Proposed Boundary Addition', numbered 143/100,080, and dated 
     June 2009;
       ``(2) the approximately 6,379 acres of Bureau of Land 
     Management land in Inyo County, California, located in the 
     northeast area

[[Page S217]]

     of Death Valley National Park that is within, and surrounded 
     by, land under the jurisdiction of the Director of the 
     National Park Service, as depicted on the map entitled 
     `Proposed Crater Mine Area Addition to Death Valley National 
     Park', numbered 143/100,079, and dated June 2009; and
       ``(3)(A) on transfer of title to the private land to the 
     National Park Service, the approximately 280 acres of private 
     land in Inyo County, California, located adjacent to the 
     southeastern boundary of Death Valley National Park, as 
     depicted on the map entitled `Proposed Ryan Camp Addition to 
     Death Valley National Park', numbered 143/100,097, and dated 
     June 2009; and
       ``(B) the approximately 1,040 acres of Bureau of Land 
     Management land contiguous to the private land described in 
     subparagraph (A), as depicted on the map entitled `Proposed 
     Ryan Camp Addition to Death Valley National Park', numbered 
     143/100,097, and dated June 2009.
       ``(b) Availability of Map.--The maps described in 
     paragraphs (1), (2), and (3) of subsection (a) shall be on 
     file and available for public inspection in the appropriate 
     offices of the National Park Service.
       ``(c) Administration.--The Secretary of the Interior 
     (referred to in this section as the `Secretary') shall--
       ``(1) administer any land added to Death Valley National 
     Park under subsection (a)--
       ``(A) as part of Death Valley National Park; and
       ``(B) in accordance with applicable laws (including 
     regulations); and
       ``(2) not later than 180 days after the date of enactment 
     of this title, develop a memorandum of understanding with 
     Inyo County, California, permitting ongoing access and use to 
     existing gravel pits along Saline Valley Road within Death 
     Valley National Park for road maintenance and repairs in 
     accordance with applicable laws (including regulations).

     ``SEC. 1702. MOJAVE NATIONAL PRESERVE.

       ``(a) In General.--The boundary of the Mojave National 
     Preserve is adjusted to include--
       ``(1) the 29,221 acres of Bureau of Land Management land 
     that is surrounded by the Mojave National Preserve to the 
     northwest, west, southwest, south, and southeast and by the 
     Nevada State line on the northeast boundary, as depicted on 
     the map entitled `Proposed Castle Mountain Addition to the 
     Mojave National Preserve', numbered 170/100,075, and dated 
     August 2009; and
       ``(2) the 25 acres of Bureau of Land Management land in 
     Baker, California, as depicted on the map entitled `Mojave 
     National Preserve-Proposed Boundary Addition', numbered 170/
     100,199, and dated August 2009.
       ``(b) Availability of Maps.--The maps described in 
     subsection (a) shall be on file and available for public 
     inspection in the appropriate offices of the National Park 
     Service.
       ``(c) Administration.--The Secretary shall administer any 
     land added to Mojave National Preserve under subsection (a)--
       ``(1) as part of the Mojave National Preserve; and
       ``(2) in accordance with applicable laws (including 
     regulations).

     ``SEC. 1703. JOSHUA TREE NATIONAL PARK BOUNDARY REVISION.

       ``(a) In General.--The boundary of the Joshua Tree National 
     Park is adjusted to include the 2,879 acres of land managed 
     by Director of the Bureau of Land Management that are 
     contiguous at several different places to the northern 
     boundaries of Joshua Tree National Park in the northwest 
     section of the Park, as depicted on the map entitled `Joshua 
     Tree National Park Proposed Boundary Additions', numbered 
     156/100,007, and dated June 2009.
       ``(b) Availability of Map.--The map described in subsection 
     (a) and the map depicting the 25 acres described in 
     subsection (c)(2) shall be on file and available for public 
     inspection in the appropriate offices of the National Park 
     Service.
       ``(c) Administration.--
       ``(1) In general.--The Secretary shall administer any land 
     added to the Joshua Tree National Park under subsection (a) 
     and the additional land described in paragraph (2)--
       ``(A) as part of Joshua Tree National Park; and
       ``(B) in accordance with applicable laws (including 
     regulations).
       ``(2) Description of additional land.--The additional land 
     referred to in paragraph (1) is the 25 acres of land--
       ``(A) depicted on the map entitled `Joshua Tree National 
     Park Boundary Adjustment Map', numbered 156/80,049, and dated 
     April 1, 2003;
       ``(B) added to Joshua Tree National Park by the notice of 
     the Department Interior of August 28, 2003 (68 Fed. Reg. 
     51799); and
       ``(C) more particularly described as lots 26, 27, 28, 33, 
     and 34 in sec. 34, T. 1 N., R. 8 E., San Bernardino Meridian.

     ``SEC. 1704. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as are 
     necessary to carry out this title.

          ``TITLE XVIII--OFF-HIGHWAY VEHICLE RECREATION AREAS

     ``SEC. 1801. DESIGNATION OF OFF-HIGHWAY VEHICLE RECREATION 
                   AREAS.

       ``(a) Designation.--In accordance with the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) 
     and resource management plans developed under this title and 
     subject to valid existing rights, the following land within 
     the Conservation Area in San Bernardino County, California, 
     is designated as Off-Highway Vehicle Recreation Areas:
       ``(1) El mirage off-highway vehicle recreation area.--
     Certain Bureau of Land Management land in the Conservation 
     Area, comprising approximately 25,600 acres, as generally 
     depicted on the map entitled `El Mirage Off-Highway Vehicle 
     Recreation Area' and dated July 15, 2009, which shall be 
     known as the `El Mirage Off-Highway Vehicle Recreation Area'.
       ``(2) Johnson valley off-highway vehicle recreation area.--
       ``(A) In general.--Certain Bureau of Land Management land 
     in the Conservation Area, comprising approximately 180,000 
     acres, as generally depicted on the map entitled `Johnson 
     Valley Off-Highway Vehicle Recreation Area' and dated July 
     15, 2009, which shall be known as the `Johnson Valley Off-
     Highway Vehicle Recreation Area'.
       ``(B) Exclusions.--
       ``(i) In general.--Subject to clause (iii), the land 
     described in clause (ii) shall be excluded from the Johnson 
     Valley Off-Highway Vehicle Recreation Area to permit the 
     Secretary of the Navy to study the land for--

       ``(I) withdrawal in accordance with the Act of February 28, 
     1958 (43 U.S.C. 155 et seq.); and
       ``(II) potential inclusion in the Marine Corps Air Ground 
     Combat Center at Twentynine Palms, California, for national 
     defense purposes.

       ``(ii) Study area.--The land referred to in clause (i) is 
     the land that--

       ``(I) is described in--

       ``(aa) the notice of the Bureau of Land Management of 
     September 15, 2008 entitled `Notice of Proposed Legislative 
     Withdrawal and Opportunity for Public Meeting; California' 
     (73 Fed. Reg. 53269); or
       ``(bb) any subsequent notice in the Federal Register that 
     is related to the notice described in item (aa); and

       ``(II) has been segregated by the Director of the Bureau of 
     Land Management.

       ``(iii) Incorporation in off-highway vehicle recreation 
     area.--After action by the Secretary of Defense and Congress 
     regarding the withdrawal under subparagraph (A), any land 
     within the study area that is not withdrawn shall be 
     incorporated into the Johnson Valley Off-Highway Vehicle 
     Recreation Area.
       ``(C) Joint use of certain land.--The Secretary of Defense 
     shall consider a potential joint use area within the Johnson 
     Valley Off-Highway Vehicle Recreation Area as part of the 
     environmental impact statement of the Department of Defense 
     that would allow for continued recreational opportunities on 
     the joint use area during periods in which--
       ``(i) the joint use area is not needed for military 
     training activities; and
       ``(ii) public safety can be ensured.
       ``(D) Military access for administrative purposes.--In 
     cooperation with the Secretary of the Interior, the Secretary 
     of the Navy may, after notifying the Secretary of the 
     Interior, access the Johnson Valley Off-Highway Vehicle 
     Recreation Area for national defense purposes supporting 
     military training (including military range management and 
     exercise control activities).
       ``(3) Rasor off-highway vehicle recreation area.--Certain 
     Bureau of Land Management land in the Conservation Area, 
     comprising approximately 22,400 acres, as generally depicted 
     on the map entitled `Rasor Off-Highway Vehicle Recreation 
     Area' and dated July 15, 2009, which shall be known as the 
     `Rasor Off-Highway Vehicle Recreation Area'.
       ``(4) Spangler hills off-highway vehicle recreation area.--
     Certain Bureau of Land Management land in the Conservation 
     Area, comprising approximately 62,080 acres, as generally 
     depicted on the map entitled `Spangler Hills Off-Highway 
     Vehicle Recreation Area' and dated July 15, 2009, which shall 
     be known as the `Spangler Off-Highway Vehicle Recreation 
     Area'.
       ``(5) Stoddard valley off-highway vehicle recreation 
     area.--Certain Bureau of Land Management land in the 
     Conservation Area, comprising approximately 54,400 acres, as 
     generally depicted on the map entitled `Stoddard Valley Off-
     Highway Vehicle Recreation Area' and dated July 15, 2009, 
     which shall be known as the `Stoddard Valley Off-Highway 
     Vehicle Recreation Area'.
       ``(b) Purpose.--The purpose of the off-highway vehicle 
     recreation areas designated under subsection (a) is to 
     preserve and enhance the recreational opportunities within 
     the Conservation Area (including opportunities for off-
     highway vehicle recreation), while conserving the wildlife 
     and other natural resource values of the Conservation Area.
       ``(c) Maps and Descriptions.--
       ``(1) Preparation and submission.--As soon as practicable 
     after the date of enactment of this title, the Secretary 
     shall file a map and legal description of each off-highway 
     vehicle recreation area designated by subsection (a) with--
       ``(A) the Committee on Natural Resources of the House of 
     Representatives; and
       ``(B) the Committee on Energy and Natural Resources of the 
     Senate.
       ``(2) Legal effect.--The map and legal descriptions of the 
     off-highway vehicle recreation areas filed under paragraph 
     (1) shall have the same force and effect as if included in 
     this title, except that the Secretary may correct errors in 
     the map and legal descriptions.
       ``(3) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be filed and made available 
     for public

[[Page S218]]

     inspection in the appropriate offices of the Bureau of Land 
     Management.
       ``(d) Use of the Land.--
       ``(1) Recreational activities.--
       ``(A) In general.--The Secretary shall continue to 
     authorize, maintain, and enhance the recreational uses of the 
     off-highway vehicle recreation areas designated by subsection 
     (a), including off-highway recreation, hiking, camping, 
     hunting, mountain biking, sightseeing, rockhounding, and 
     horseback riding, as long as the recreational use is 
     consistent with this section and any other applicable law.
       ``(B) Off-highway vehicle and off-highway recreation.--To 
     the extent consistent with applicable Federal law (including 
     regulations) and this section, any authorized recreation 
     activities and use designations in effect on the date of 
     enactment of this title and applicable to the off-highway 
     vehicle recreation areas designated by subsection (a) shall 
     continue, including casual off-highway vehicular use, racing, 
     competitive events, rock crawling, training, and other forms 
     of off-highway recreation.
       ``(2) Wildlife guzzlers.--Wildlife guzzlers shall be 
     allowed in the off-highway vehicle recreation areas 
     designated by subsection (a) in accordance with applicable 
     Bureau of Land Management guidelines.
       ``(3) Prohibited uses.--Residential and commercial 
     development (including development of mining and energy 
     facilities, but excluding transmission line rights-of-way and 
     related telecommunication facilities) shall be prohibited in 
     the off-highway vehicle recreation areas designated by 
     subsection (a) if the Secretary determines that the 
     development is incompatible with the purpose described in 
     subsection (b).
       ``(e) Administration.--
       ``(1) In general.--The Secretary shall administer the off-
     highway vehicle recreation areas designated by subsection (a) 
     in accordance with--
       ``(A) this title;
       ``(B) the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1701 et seq.); and
       ``(C) any other applicable laws (including regulations).
       ``(2) Management plan.--
       ``(A) In general.--As soon as practicable, but not later 
     than 3 years after the date of enactment of this title, the 
     Secretary shall--
       ``(i) amend existing resource management plans applicable 
     to the land designated as off-highway vehicle recreation 
     areas under subsection (a); or
       ``(ii) develop new management plans for each off-highway 
     vehicle recreation area designated under that subsection.
       ``(B) Requirements.--All new or amended plans under 
     subparagraph (A) shall be designed to preserve and enhance 
     safe off-highway vehicle and other recreational opportunities 
     within the applicable recreation area consistent with--
       ``(i) the purpose described in subsection (b); and
       ``(ii) any applicable laws (including regulations).
       ``(C) Interim plans.--Pending completion of a new 
     management plan under subparagraph (A), the existing resource 
     management plans shall govern the use of the applicable off-
     highway vehicle recreation area.
       ``(f) Study.--
       ``(1) In general.--As soon as practicable, but not later 
     than 2 years, after the date of enactment of this title, the 
     Secretary shall complete a study to identify Bureau of Land 
     Management land adjacent to the off-highway vehicle 
     recreation areas designated by subsection (a) that is 
     suitable for addition to the off-highway vehicle recreation 
     areas.
       ``(2) Requirements.--In preparing the study under paragraph 
     (1), the Secretary shall--
       ``(A) seek input from stakeholders, including--
       ``(i) the State;
       ``(ii) San Bernardino County, California;
       ``(iii) the public;
       ``(iv) recreational user groups; and
       ``(v) conservation organizations;
       ``(B) explore the feasibility of expanding the southern 
     boundary of the off-highway vehicle recreation area described 
     in subsection (a)(4) to include previously disturbed land;
       ``(C) identify and exclude from consideration any land 
     that--
       ``(i) is managed for conservation purposes;
       ``(ii) may be suitable for renewable energy development; or
       ``(iii) may be necessary for energy transmission; and
       ``(D) not recommend or approve expansion areas that 
     collectively would exceed the total acres administratively 
     designated for off-highway recreation within the Conservation 
     Area as of the date of enactment of this title.
       ``(3) Applicable law.--The Secretary shall consider the 
     information and recommendations of the study completed under 
     paragraph (1) to determine the impacts of expanding off-
     highway vehicle recreation areas designated by subsection (a) 
     on the Conservation Area, in accordance with--
       ``(A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       ``(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); and
       ``(C) any other applicable law.
       ``(4) Submission to congress.--On completion of the study 
     under paragraph (1), the Secretary shall submit the study 
     to--
       ``(A) the Committee on Natural Resources of the House of 
     Representatives; and
       ``(B) the Committee on Energy and Natural Resources of the 
     Senate.
       ``(5) Authorization for expansion.--
       ``(A) In general.--On completion of the study under 
     paragraph (1) and in accordance with all applicable laws 
     (including regulations), the Secretary shall authorize the 
     expansion of the off-highway vehicle recreation areas 
     recommended under the study.
       ``(B) Management.--Any land within the expanded areas under 
     subparagraph (A) shall be managed in accordance with this 
     section.

                       ``TITLE XIX--MISCELLANEOUS

     ``SEC. 1901. STATE LAND TRANSFERS AND EXCHANGES.

       ``(a) Transfer of Land to Anza-Borrego Desert State Park.--
       ``(1) In general.--On termination of all mining claims to 
     the land described in paragraph (2), the Secretary shall 
     transfer the land described in that paragraph to the State.
       ``(2) Description of land.--The land referred to in 
     paragraph (1) is certain Bureau of Land Management land in 
     San Diego County, California, comprising approximately 934 
     acres, as generally depicted on the 2 maps entitled `Anza-
     Borrego Desert State Park Additions-Table Mountain Wilderness 
     Study Area' and dated July 15, 2009.
       ``(3) Management.--
       ``(A) In general.--The land transferred under paragraph (1) 
     shall be managed in accordance with the provisions of the 
     California Wilderness Act (California Public Resources Code 
     sections 5093.30-5093.40).
       ``(B) Withdrawal.--Subject to valid existing rights, the 
     land transferred under paragraph (1) is withdrawn from--
       ``(i) all forms of entry, appropriation, or disposal under 
     the public land laws;
       ``(ii) location, entry, and patent under the mining laws; 
     and
       ``(iii) disposition under all laws relating to mineral and 
     geothermal leasing.
       ``(C) Reversion.--If the State ceases to manage the land 
     transferred under paragraph (1) as part of the State Park 
     System or in a manner inconsistent with the California 
     Wilderness Act (California Public Resources Code sections 
     5093.30-5093.40), the land shall revert to the Secretary, to 
     be managed as a Wilderness Study Area.
       ``(b) Land Exchanges.--
       ``(1) In general.--The Secretary shall, in consultation and 
     cooperation with the California State Lands Commission 
     (referred to in this section as the `Commission'), develop a 
     process to exchange isolated parcels of State land within the 
     Conservation Area for Federal land located in the 
     Conservation Area or other Federal land in the State that--
       ``(A) is consistent with the plans described in paragraph 
     (2); and
       ``(B) ensures that the conservation goals and objectives 
     identified in those plans are not adversely impacted.
       ``(2) Description of plans.--The plans referred to in 
     paragraph (1) are--
       ``(A) the California Desert Renewable Energy Conservation 
     Plan;
       ``(B) the California Desert Conservation Area Plan;
       ``(C) the Northern and Eastern Colorado Desert Plan; and
       ``(D) any other applicable plans.
       ``(3) Requirements.--The process developed under paragraph 
     (1) shall--
       ``(A) apply to all State land within the Conservation Area 
     that is under the jurisdiction of the Commission;
       ``(B) prioritize the elimination of State land from units 
     of the National Park System, national monuments, and 
     wilderness areas;
       ``(C) provide the Commission with consolidated land 
     holdings sufficient to make the land viable for commercial or 
     recreation uses, including renewable energy development, off-
     highway vehicle recreation, or State infrastructure or 
     resource needs;
       ``(D) establish methods to ensure that--
       ``(i) not later than 1 year after the date of enactment of 
     this title, the Secretary and the Commission complete an 
     inventory of Federal land and State land in the Conservation 
     Area under the jurisdiction of the Secretary and the 
     Commission, respectively, and any other Federal land and 
     property outside the Conservation Area that is determined to 
     be suitable for exchange consistent with paragraph (1);
       ``(ii) there is a public comment period of not less than 90 
     days with respect to--

       ``(I) the inventory of land under clause (i); and
       ``(II) any proposed land exchange under this section that 
     involves more than 5,000 acres of Federal land;

       ``(iii) in preparing the inventory of Federal land suitable 
     for exchange under clause (i), the Secretary shall use best 
     efforts to give priority to--

       ``(I) land that has the potential for commercial 
     development, including renewable energy development, such as 
     wind and solar energy development;
       ``(II) the land described in section 707(b)(2); and
       ``(III) land located outside the boundaries of the 
     Conservation Area (including closed military base land and 
     land identified as surplus by the Administrator of the 
     General Services Administration) to avoid, to the maximum 
     extent feasible, conflicts with conservation of desert land;

       ``(iv) the inventory under clause (i) is updated annually 
     by the Secretary and resubmitted to the Commission; and

[[Page S219]]

       ``(v) the land exchanges are completed by the date that is 
     10 years after the date of enactment of this title; and
       ``(E) provide for the submission of annual reports to 
     Congress that--
       ``(i) describe any progress or impediments to accomplishing 
     the goal described in subparagraph (D)(v); and
       ``(ii) any recommendations for legislation to accomplish 
     the goal.
       ``(4) Valuation.--Notwithstanding paragraphs (2) through 
     (5) of subsection (d) of section 206 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1716(d)), if, 
     within 180 days after the submission of an appraisal under 
     subsection (d)(1) of that section, the Secretary and the 
     Commission cannot agree to accept the findings of the 
     appraisal--
       ``(A) the Secretary and the Commission shall mutually agree 
     to employ a process of bargaining or some other process to 
     determine the values of the land involved in the exchange;
       ``(B) the appraisal shall be submitted to an arbiter 
     appointed by the Secretary from a list of arbitrators 
     submitted to the Secretary by the American Arbitration 
     Association for arbitration; and
       ``(C) although the decision of the arbiter under 
     subparagraph (B) shall be nonbinding, the decision may be 
     used by the Secretary and the Commission as a valid appraisal 
     for--
       ``(i) a period of 2 years; and
       ``(ii) on mutual agreement of the Secretary and the 
     Commission, an additional 2-year period; or
       ``(D) on mutual agreement of the Secretary and the 
     Commission, the valuation process shall be suspended or 
     modified.
       ``(5) Treatment of land use restrictions and pending 
     applications.--For the purposes of this title--
       ``(A) the Secretary shall not exclude parcels from 
     exchanges because the parcels are subject to designations or 
     pending land use applications, including applications for the 
     development of renewable energy;
       ``(B) all Federal land and State land proposed for exchange 
     or sale shall be valued--
       ``(i) according to fair market value;
       ``(ii) in accordance with section 206(d) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)); 
     and
       ``(iii) without regard to--

       ``(I) pending land use applications;
       ``(II) renewable energy designations; or
       ``(III) any land use restrictions on adjacent land.

       ``(6) Cooperation agreements.--The Secretary may--
       ``(A) enter into such joint agreements with the General 
     Services Administration and the Commission as the Secretary 
     determines to be necessary to facilitate land exchanges, 
     including agreements that establish accounting mechanisms--
       ``(i) to be used for tracking the differential in dollar 
     value of land conveyed in a series of transactions; and
       ``(ii) that, notwithstanding part 2200 of title 43, Code of 
     Federal Regulations (or successor regulations), may carry 
     outstanding cumulative credit balances until the completion 
     of the land exchange process developed under paragraph (1); 
     and
       ``(B) to the extent that the agreement does not conflict 
     with this section, continue using the agreement entitled 
     `Memorandum of Agreement Between California State Lands 
     Commission, General Services Administration, and the 
     Department of the Interior Regarding: Implementation of the 
     California Desert Protection Act', which became effective on 
     November 7, 1995.
       ``(7) Existing law.--Except as otherwise provided in this 
     section, nothing in this section supersede or limits section 
     707.
       ``(8) State land leases.--
       ``(A) In general.--The Secretary shall manage any State 
     land described in subparagraph (B) in accordance with the 
     terms and conditions of the applicable State lease agreement 
     for the duration of the lease, subject to applicable laws 
     (including regulations).
       ``(B) Description of state land.--The State land referred 
     to in subparagraph (A) is any State land within the 
     Conservation Area that is subject to a lease or permit on the 
     date of enactment of this title that is transferred to the 
     Federal Government.
       ``(C) Expiration of lease.--On the expiration of a State 
     lease referred to in subparagraph (A), the Secretary shall 
     provide lessees with the opportunity to seek Federal permits 
     to continue the existing use of the State land without 
     further action otherwise required under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       ``(D) Applicable law.--Except as otherwise provided in this 
     section, any State land transferred to the United States 
     under this section shall be managed in accordance with all 
     laws (including regulations) and rules applicable to the 
     public land adjacent to the transferred State land.
       ``(c) Twentynine Palms Marine Corp Base.--
       ``(1) In general.--The Secretary and the Secretary of 
     Defense, in consultation and in cooperation with the 
     California State Lands Commission, shall develop a process to 
     purchase or exchange parcels of State land within the area of 
     expansion and land use restrictions planned for the 
     Twentynine Palms Marine Corp Base.
       ``(2) Requirements.--The process developed under paragraph 
     (1) for exchanged parcels of State land shall provide the 
     California State Lands Commission with consolidated land 
     holdings sufficient to make the land viable for commercial or 
     recreational uses, including renewable energy development, 
     off-highway vehicle recreation, or State infrastructure or 
     resource needs.
       ``(3) Applicable law.--An exchange of land under this 
     subsection shall be subject to the requirements of subsection 
     (b).
       ``(d) Holtville Airport, Imperial County.--
       ``(1) In general.--On the submission of an application by 
     Imperial County, California, the Secretary of Transportation 
     shall, in accordance with section 47125 of title 49, United 
     States Code, and section 2641.1 of title 43, Code of Federal 
     Regulations (or successor regulations) seek a conveyance from 
     the Secretary of approximately 3,500 acres of Bureau of Land 
     Management land adjacent to the Imperial County Holtville 
     Airport (L04) for the purposes of airport expansion.
       ``(2) Segregation.--The Secretary (acting through the 
     Director of the Bureau of Land Management) shall, with 
     respect to the land to be conveyed under paragraph (1)--
       ``(A) segregate the land; and
       ``(B) prohibit the appropriation of the land until--
       ``(i) the date on which a notice of realty action 
     terminates the application; or
       ``(ii) the date on which a document of conveyance is 
     published.
       ``(e) Needles Solar Reserve, San Bernardino County.--
       ``(1) In general.--The Secretary shall grant to the 
     Commission a right of first refusal to exchange the State 
     land described in paragraph (2) for Bureau of Land Management 
     land identified for disposal.
       ``(2) Secondary right of refusal.--If the Commission 
     declines to exchange State land for Bureau of Land Management 
     land identified for disposal within the city limits of 
     Needles, California, the City of Needles shall have a 
     secondary right of refusal to acquire the land.

     ``SEC. 1902. MILITARY ACTIVITIES.

       ``Nothing in this Act--
       ``(1) restricts or precludes Department of Defense 
     motorized access by land or air--
       ``(A) to respond to an emergency within a wilderness area 
     designated by this Act; or
       ``(B) to control access to the emergency site;
       ``(2) prevents nonmechanized military training activities 
     previously conducted on wilderness areas designated by this 
     title that are consistent with--
       ``(A) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       ``(B) all applicable laws (including regulations);
       ``(3) restricts or precludes low-level overflights of 
     military aircraft over the areas designated as wilderness, 
     national monuments, special management areas, or recreation 
     areas by this Act, including military overflights that can be 
     seen or heard within the designated areas;
       ``(4) restricts or precludes flight testing and evaluation 
     in the areas described in paragraph (3);
       ``(5) restricts or precludes the designation or creation of 
     new units of special use airspace, or the establishment of 
     military flight training routes, over the areas described in 
     paragraph (3); or

     ``SEC. 1903. CLIMATE CHANGE AND WILDLIFE CORRIDORS.

       ``(a) In General.--The Secretary shall--
       ``(1) assess the impacts of climate change on the 
     Conservation Area; and
       ``(2) establish policies and procedures to ensure the 
     preservation of wildlife corridors and facilitate species 
     migration likely to occur due to climate change.
       ``(b) Study.--
       ``(1) In general.--As soon as practicable, but not later 
     than 2 years, after the date of enactment of this title, the 
     Secretary shall complete a study regarding the impact of 
     global climate change on the Conservation Area.
       ``(2) Components.--The study under paragraph (1) shall--
       ``(A) identify the species migrating, or likely to migrate, 
     due to climate change;
       ``(B) examine the impacts and potential impacts of climate 
     change on--
       ``(i) plants, insects, and animals;
       ``(ii) soil;
       ``(iii) air quality;
       ``(iv) water quality and quantity; and
       ``(v) species migration and survival;
       ``(C) identify critical wildlife and species migration 
     corridors recommended for preservation; and
       ``(D) include recommendations for ensuring the biological 
     connectivity of public land managed by the Secretary and the 
     Secretary of Defense throughout the Conservation Area.
       ``(3) Rights-of-way.--The Secretary shall consider the 
     information and recommendations of the study under paragraph 
     (1) to determine the individual and cumulative impacts of 
     rights-of-way for projects in the Conservation Area, in 
     accordance with--
       ``(A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       ``(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); and
       ``(C) any other applicable law.
       ``(c) Land Management Plans.--The Secretary shall 
     incorporate into all land management plans applicable to the 
     Conservation Area the findings and recommendations of the 
     study completed under subsection (b).

[[Page S220]]

     ``SEC. 1904. PROHIBITED USES OF DONATED AND ACQUIRED LAND.

       ``(a) Definitions.--In this section:
       ``(1) Acquired land.--The term `acquired land' means any 
     land acquired for the Conservation Area using amounts from 
     the Land and Water Conservation Fund established under 
     section 2 of the Land and Water Conservation Fund Act of 1965 
     (16 U.S.C. 460l-5).
       ``(2) Donated land.--The term `donated land' means any 
     private land donated to the United States for conservation 
     purposes in the Conservation Area.
       ``(3) Donor.--The term `donor' means an individual or 
     entity that donates private land within the Conservation Area 
     to the United States.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of the Interior, acting through the Director of the Bureau of 
     Land Management.
       ``(b) Prohibitions.--Except as provided in subsection (c), 
     there shall be prohibited with respect to donated land or 
     acquired land--
       ``(1) disposal; or
       ``(2) any land use authorization that would result in 
     appreciable damage or disturbance to the public lands, 
     including--
       ``(A) rights-of-way;
       ``(B) leases;
       ``(C) livestock grazing;
       ``(D) infrastructure development;
       ``(E) mineral entry;
       ``(F) off-highway vehicle use, except on--
       ``(i) designated routes;
       ``(ii) off-highway vehicle areas designated by law; and
       ``(iii) administratively-designated open areas; and
       ``(G) any other activities that would create impacts 
     contrary to the conservation purposes for which the land was 
     donated or acquired.
       ``(c) Exceptions.--
       ``(1) Authorization by secretary.--Subject to paragraph 
     (2), the Secretary may authorize limited exceptions to 
     prohibited uses of donated land or acquired land in the 
     Conservation Area if--
       ``(A) an applicant has submitted a right-of-way use 
     application to the Bureau of Land Management proposing 
     renewable energy development on the donated land or acquired 
     land on or before December 1, 2009; or
       ``(B) after the completion of an analysis under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), including full public participation in the analysis, 
     the Secretary has determined that--
       ``(i) the use of the donated land or acquired land is in 
     the public interest;
       ``(ii) the impacts of the use are fully and appropriately 
     mitigated; and
       ``(iii) the land was donated or acquired on or before 
     December 1, 2009.
       ``(2) Conditions.--
       ``(A) In general.--If the Secretary grants an exception to 
     the prohibition under paragraph (1), the Secretary shall 
     require the permittee to acquire and donate comparable 
     private land to the United States to mitigate the use.
       ``(B) Approval.--The private land to be donated under 
     subparagraph (A) shall be approved by the Secretary after 
     consultation, to the maximum extent practicable, with the 
     donor of the private land proposed for non-conservation uses.
       ``(d) Existing Agreements.--Nothing in this section affects 
     permitted or prohibited uses of donated land or acquired land 
     in the Conservation Area established in any easements, deed 
     restrictions, memoranda of understanding, or other agreements 
     in existence on the date of enactment of this title.
       ``(e) Deed Restrictions.--The Secretary may accept deed 
     restrictions requested by donors for land donated to the 
     United States within the Conservation Area after the date of 
     enactment of this title.

     ``SEC. 1905. TRIBAL USES AND INTERESTS.

       ``(a) Access.--The Secretary shall ensure access to areas 
     designated under this Act by members of Indian tribes for 
     traditional cultural and religious purposes, consistent with 
     applicable law, including Public Law 95-341 (commonly known 
     as the ``American Indian Religious Freedom Act'') (42 U.S.C. 
     1996).
       ``(b) Temporary Closure.--
       ``(1) In general.--In accordance with applicable law, 
     including Public Law 95-341 (commonly known as the ``American 
     Indian Religious Freedom Act'') (42 U.S.C. 1996), and subject 
     to paragraph (2), the Secretary, on request of an Indian 
     tribe or Indian religious community, shall temporarily close 
     to general public use any portion of an area designated as a 
     national monument, special management area, wild and scenic 
     river, or National Park System unit under this Act (referred 
     to in this subsection as a `designated area') to protect the 
     privacy of traditional cultural and religious activities in 
     the designated area by members of the Indian tribe or Indian 
     religious community.
       ``(2) Limitation.--In closing a portion of a designated 
     area under paragraph (1), the Secretary shall limit the 
     closure to the smallest practicable area for the minimum 
     period necessary for the traditional cultural and religious 
     activities.
       ``(c) Tribal Cultural Resources Management Plan.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of this title, the Secretary of the Interior shall 
     develop and implement a tribal cultural resources management 
     plan to identify, protect, and conserve cultural resources of 
     Indian tribes associated with the Xam Kwatchan Trail network 
     extending from Avikwaame (Spirit Mountain, Nevada) to 
     Avikwlal (Pilot Knob, California).
       ``(2) Consultation.--The Secretary shall consult on the 
     development and implementation of the tribal cultural 
     resources management plan under paragraph (1) with--
       ``(A) each of--
       ``(i) the Chemehuevi Indian Tribe;
       ``(ii) the Hualapai Tribal Nation;
       ``(iii) the Fort Mojave Indian Tribe;
       ``(iv) the Colorado River Indian Tribes;
       ``(v) the Quechan Indian Tribe; and
       ``(vi) the Cocopah Indian Tribe; and
       ``(B) the Advisory Council on Historic Preservation.
       ``(3) Resource protection.--The tribal cultural resources 
     management plan developed under paragraph (1) shall be--
       ``(A) based on a completed tribal cultural resources 
     survey; and
       ``(B) include procedures for identifying, protecting, and 
     preserving petroglyphs, ancient trails, intaglios, sleeping 
     circles, artifacts, and other resources of cultural, 
     archaeological, or historical significance in accordance with 
     all applicable laws and policies, including--
       ``(i) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.);
       ``(ii) Public Law 95-341 (commonly known as the `American 
     Indian Religious Freedom Act')(42 U.S.C. 1996);
       ``(iii) the Archaeological Resources Protection Act of 1979 
     (16 U.S.C. 470aa et seq.);
       ``(iv) the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001 et seq.); and
       ``(v) Public Law 103-141 (commonly known as the `Religious 
     Freedom Restoration Act of 1993')(42 U.S.C. 2000bb et seq.).
       ``(d) Withdrawal.--Subject to valid existing rights, all 
     Federal land within the area administratively withdrawn and 
     known as the `Indian Pass Withdrawal Area' is permanently 
     withdrawn from--
       ``(1) all forms of entry, appropriation, or disposal under 
     the public laws;
       ``(2) location, entry, and patent under the mining laws; 
     and
       ``(3) right-of-way leasing and disposition under all laws 
     relating to mineral, solar, wind, and geothermal energy.''.
       (b) Conforming Amendments.--
       (1) Short title.--Section 1 of the California Desert 
     Protection Act of 1994 (16 U.S.C. 410aaa note) is amended by 
     striking ``1 and 2, and titles I through IX'' and inserting 
     ``1, 2, and 3, titles I through IX, and titles XIII through 
     XIX''.
       (2) Definitions.--The California Desert Protection Act of 
     1994 (Public Law 103-433; 108 Stat. 4481) is amended by 
     inserting after section 2 the following:

     ``SEC. 3. DEFINITIONS.

       ``In titles XIII through XIX:
       ``(1) Conservation area.--The term `Conservation Area' 
     means the California Desert Conservation Area.
       ``(2) Secretary.--The term `Secretary' means--
       ``(A) with respect to land under the jurisdiction of the 
     Secretary of the Interior, the Secretary of the Interior; and
       ``(B) with respect to land under the jurisdiction of the 
     Secretary of Agriculture, the Secretary of Agriculture.
       ``(3) State.--The term `State' means the State of 
     California.''.
       (3) Administration of wilderness areas.--Section 103 of the 
     California Desert Protection Act of 1994 (Public Law 103-433; 
     108 Stat. 4481) is amended--
       (A) by striking subsection (d) and inserting the following:
       ``(d) No Buffer Zones.--
       ``(1) In general.--Congress does not intend for the 
     designation of wilderness areas by this Act--
       ``(A) to require the additional regulation of land adjacent 
     to the wilderness areas; or
       ``(B) to lead to the creation of protective perimeters or 
     buffer zones around the wilderness areas.
       ``(2) Nonwilderness activities.--Any nonwilderness 
     activities (including renewable energy projects, mining, 
     camping, hunting, and military activities) in areas 
     immediately adjacent to the boundary of a wilderness area 
     designated by this Act shall not be restricted or precluded 
     by this Act, regardless of any actual or perceived negative 
     impacts of the nonwilderness activities on the wilderness 
     area, including any potential indirect impacts of 
     nonwilderness activities conducted outside the designated 
     wilderness area on the viewshed, ambient noise level, or air 
     quality of wilderness area.'';
       (B) in subsection (f), by striking ``designated by this 
     title and'' inserting ``, potential wilderness areas, special 
     management areas, and national monuments designated by this 
     title or titles XIII through XIX''; and
       (C) in subsection (g), by inserting ``, a potential 
     wilderness area, a special management areas, or national 
     monument'' before ``by this Act''.
       (4) Mojave national preserve.--Title V of the California 
     Desert Protection Act of 1994 (16 U.S.C. 410aaa-41 et seq.) 
     is amended by adding at the end the following:

     ``SEC. 520. NATIVE GROUNDWATER SUPPLIES.

       ``The Director of the Bureau of Land Management shall not 
     access or process any application for a right-of-way for 
     development projects that propose to use native groundwater 
     from aquifers adjacent to the Mojave National Preserve that 
     individually or collectively, in combination with proposed or 
     anticipated projects on private land, require the use of 
     native groundwater in excess of the estimated recharge rate 
     as determined by the United States Geological Survey.''.

[[Page S221]]

       (5) Amendments to the california military lands withdrawal 
     and overflights act of 1994.--
       (A) Findings.--Section 801(b)(2) of the California Military 
     Lands Withdrawal and Overflights Act of 1994 (16 U.S.C. 
     410aaa-82 note) is amended by inserting ``, national 
     monuments, special management areas, potential wilderness 
     areas,'' before ``and wilderness areas''.
       (B) Overflights; special airspace.--Section 802 of the 
     California Military Lands Withdrawal and Overflights Act of 
     1994 (16 U.S.C. 410aaa-82) is amended--
       (i) in subsection (a), by inserting ``, national monuments, 
     or special management areas'' before ``designated by this 
     Act'';
       (ii) in subsection (b), by inserting ``, national 
     monuments, or special management areas'' before ``designated 
     by this Act''; and
       (iii) by adding at the end the following:
       ``(d) Department of Defense Facilities.--Nothing in this 
     Act alters any authority of the Secretary of Defense to 
     conduct military operations at installations and ranges 
     within the California Desert Conservation Area that are 
     authorized under any other provision of law.''.

     SEC. 3. DESIGNATION OF WILD AND SCENIC RIVERS.

       Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1274(a)) is amended--
       (1) in paragraph (196), by striking subparagraph (A) and 
     inserting the following:
       ``(A)(i) The approximately 1.4-mile segment of the Amargosa 
     River in the State of California, from the private property 
     boundary in sec. 19, T. 22 N., R. 7 E., to 100 feet 
     downstream of Highway 178, to be administered by the 
     Secretary of the Interior as a scenic river as an addition to 
     the Amargosa Wild and Scenic River on publication by the 
     Secretary of the Interior of a notice in the Federal Register 
     that sufficient inholdings within the boundaries of the 
     segment have been acquired as scenic easements or in fee 
     title to establish a manageable addition to the Amargosa Wild 
     and Scenic River.
       ``(ii) The approximately 6.1-mile segment of the Amargosa 
     River in the State of California, from 100 feet downstream of 
     the State Highway 178 crossing to 100 feet upstream of the 
     Tecopa Hot Springs Road crossing, to be administered by the 
     Secretary of the Interior as a scenic river.''; and
       (2) by adding at the end the following:
       ``(208) Surprise canyon creek, california.--
       ``(A) In general.--The following segments of Surprise 
     Canyon Creek in the State of California, to be administered 
     by the Secretary of the Interior:
       ``(i) The approximately 5.3 miles of Surprise Canyon Creek 
     from the confluence of Frenchman's Canyon and Water Canyon to 
     100-feet upstream of Chris Wicht Camp, as a wild river.
       ``(ii) The approximately 1.8 miles of Surprise Canyon Creek 
     from 100 feet upstream of Chris Wicht Camp to the southern 
     boundary of sec. 14, T. 21 N., R. 44 E., as a recreational 
     river.
       ``(B) Effect on historic mining structures.--Nothing in 
     this paragraph affects the historic mining structures 
     associated with the former Panamint Mining District.
       ``(209) Deep creek, california.--
       ``(A) In general.--The following segments of Deep Creek in 
     the State of California, to be administered by the Secretary 
     of Agriculture:
       ``(i) The approximately 6.5-mile segment from 0.125 mile 
     downstream of the Rainbow Dam site in sec. 33, T. 2 N., R. 2 
     W., to 0.25-miles upstream of the Road 3N34 crossing, as a 
     wild river.
       ``(ii) The 0.5-mile segment from 0.25 mile upstream of the 
     Road 3N34 crossing to 0.25 mile downstream of the Road 3N34 
     crossing, as a scenic river.
       ``(iii) The 2.5-mile segment from 0.25 miles downstream of 
     the Road 3 N. 34 crossing to 0.25 miles upstream of the Trail 
     2W01 crossing, as a wild river.
       ``(iv) The 0.5-mile segment from 0.25 miles upstream of the 
     Trail 2W01 crossing to 0.25 mile downstream of the Trail 2W01 
     crossing, as a scenic river.
       ``(v) The 10-mile segment from 0.25 miles downstream of the 
     Trail 2W01 crossing to the upper limit of the Mojave dam 
     flood zone in sec. 17, T. 3 N., R. 3 W., as a wild river.
       ``(vi) The 11-mile segment of Holcomb Creek from 100 yards 
     downstream of the Road 3N12 crossing to .25 miles downstream 
     of Holcomb Crossing, as a recreational river.
       ``(vii) The 3.5-mile segment of the Holcomb Creek from 0.25 
     miles downstream of Holcomb Crossing to the Deep Creek 
     confluence, as a wild river.
       ``(B) Effect on ski operations.--Nothing in this paragraph 
     affects--
       ``(i) the operations of the Snow Valley Ski Resort; or
       ``(ii) the State regulation of water rights and water 
     quality associated with the operation of the Snow Valley Ski 
     Resort.
       ``(210) Whitewater river, california.--The following 
     segments of the Whitewater River in the State of California, 
     to be administered by the Secretary of Agriculture and the 
     Secretary of the Interior, acting jointly:
       ``(A) The 5.8-mile segment of the North Fork Whitewater 
     River from the source of the River near Mt. San Gorgonio to 
     the confluence with the Middle Fork, as a wild river.
       ``(B) The 6.4-mile segment of the Middle Fork Whitewater 
     River from the source of the River to the confluence with the 
     South Fork, as a wild river.
       ``(C) The 1-mile segment of the South Fork Whitewater River 
     from the confluence of the River with the East Fork to the 
     section line between sections 32 and 33, T. 1 S., R. 2 E., as 
     a wild river.
       ``(D) The 1-mile segment of the South Fork Whitewater River 
     from the section line between sections 32 and 33, T. 1 S., R. 
     2 E., to the section line between sections 33 and 34, T. 1 
     S., R. 2 E., as a recreational river.
       ``(E) The 4.9-mile segment of the South Fork Whitewater 
     River from the section line between sections 33 and 34, T. 1 
     S., R. 2 E., to the confluence with the Middle Fork, as a 
     wild river.
       ``(F) The 5.4-mile segment of the main stem of the 
     Whitewater River from the confluence of the South and Middle 
     Forks to the San Gorgonio Wilderness boundary, as a wild 
     river.
       ``(G) The 2.7-mile segment of the main stem of the 
     Whitewater River from the San Gorgonio Wilderness boundary to 
     the southern boundary of section 26, T. 2 S., R. 3 E., as a 
     recreational river.''.
                                 ______
                                 
      By Mr. BAUCUS (for himself, Mr. Grassley, Mr. Levin, Mr. 
        Bingaman, Mr. Wyden, Mr. Conrad, Mr. Enzi, and Mr. Kerry):
  S. 139. A bill to provide that certain tax planning strategies are 
not patentable, and for other purposes; to the Committee on the 
Judiciary.
  Mr. BAUCUS. Mr. President, American judge and judicial philosopher 
Learned Hand once wrote: ``Any one may so arrange his affairs that his 
taxes shall be as low as possible; he is not bound to choose that 
pattern which will best pay the Treasury.''
  Judge Hand would probably have been surprised to learn that, through 
the use of patents, certain individuals have acquired monopolies on 
methods of arranging one's affairs to lower taxes.
  That is precisely what patenting a tax strategy does: it gives the 
holder the exclusive right to exclude others from a particular 
transaction or financial arrangement without permission or payment of a 
royalty.
  And patents have been granted on ideas as simple as funding a certain 
type of tax-favored trust with a specific type of financial product or 
calculating the ways to minimize the tax burden of converting to an 
alternative retirement plan.
  These commonsense tax planning approaches should be available to 
everyone. No one should be able to patent those techniques.
  Let's first assume that the tax planning technique is legitimate 
under the Tax Code and does, indeed, reduce taxes.
  In that case, every taxpayer should be able to plan in a way that 
they can lower their taxes without paying royalties or worrying that 
they are violating patent law while filing their tax returns. This is a 
matter of fairness and uniform application of the tax laws.
  Conversely, there are tax planning techniques that are not legitimate 
under the Tax Code, say, for example, a tax shelter designed to 
illegally evade taxes.
  No taxpayer should be using those strategies. A patent on those ideas 
may mislead unknowing taxpayers into believing that the strategy is 
valid under the tax law.
  Today, we have gathered a coalition of Senators to introduce 
legislation to prevent patents from being issued on claims of tax 
strategies.
  Our bill, the ``Equal Access to Tax Planning Act,'' makes it clear 
that any strategy for reducing, avoiding, or deferring tax liability 
relies on the provisions of the Tax Code to work, will not be 
considered a new or nonobvious idea and therefore not be eligible for a 
patent.
  In the lingo of the patent law, the Tax Code is ``prior art''--which 
is just another way of saying it isn't novel and nonobvious--and 
methods of complying with the Code cannot be patented. This would be 
the result under patent law whenever an invention was not found to be 
novel or nonobvious.
  This legislation does not hinder patent protection for otherwise 
novel, non-tax driven inventions but only stops the patenting of the 
tax strategy claims.
  Where a patent is indeed granted--for example, where an application 
advances multiple claims--the taxpayer has certainty that what is not 
patented is a strategy for applying the Tax Code.
  It is encouraging that our bill has been incorporated into the larger 
patent bill that is being introduced by Senators Grassley and Leahy 
today.
  I strongly believe in the importance of patents. America is a land 
that fosters innovation and competitiveness by

[[Page S222]]

allowing inventors to benefit from their creative ideas.
  Intellectual property drives our exports and our economy. But patents 
cannot be used to upset the fair and uniform application of the Tax 
Code.
  Our tax system relies on the voluntary compliance of millions of 
taxpayers and the Tax Code cannot and should not be co-opted for 
private gain.
  Mr. GRASSLEY. Mr. President, Senator Baucus and I first introduced a 
bill to ban patents for tax inventions in the 110th Congress. Since 
then, we have worked with the leaders of the Judiciary Committee, the 
Patent and Trademark Office, the American Institute of Certified Public 
Accountants, industry, and members of the patent bar to perfect the 
language. I am pleased to introduce this new and improved bill today 
with Senators Baucus, Levin, Wyden, Bingaman, Conrad, Enzi, and Kerry.
  There are strong policy reasons to ban tax strategy patents. Tax 
strategy patents may lead to the marketing of aggressive tax shelters 
or otherwise mislead taxpayers about expected results. Tax strategy 
patents encumber the ability of taxpayers and their advisers to use the 
tax law freely, interfering with the voluntary tax compliance system. 
If firms or individuals were able to hold patents for these strategies, 
some taxpayers could face fees simply for complying with the Tax Code. 
And, tax patents provide windfalls to lawyers and patent holders by 
granting them exclusive rights to use tax loopholes, which could 
provide some businesses with an unfair advantage.
  Tax strategy patents are unlikely to be novel given the public nature 
of the Tax Code. Moreover, tax strategy patents may undermine the 
fairness of the Federal tax system by removing from the public domain 
particular ways of satisfying a taxpayer's legal obligations. The Equal 
Access to Tax Planning Act expressly provides that a strategy for 
reducing, avoiding or deferring tax liability cannot be considered a 
new or nonobvious idea, and therefore, a patent on a tax strategy 
cannot be obtained. This ensures that all taxpayers will have equal 
access to strategies to comply with the Tax Code. I encourage support 
for this bill.
                                 ______
                                 
      By Mr. KIRK (for himself and Mr. Durbin):
  S. 147. A bill to amend the Federal Water Pollution Control Act to 
establish a deadline for restricting sewage dumping into the Great 
Lakes and to fund programs and activities for improving wastewater 
discharges into the Great Lakes; to the Committee on Environment and 
Public Works.
  Mr. KIRK. Mr. President, today I am pleased to join with Senator 
Durbin to introduce the Great Lakes Water Protection Act. This 
bipartisan legislation would set a date certain to end sewage dumping 
in America's largest supply of fresh water, the Great Lakes. More than 
thirty million Americans depend on the Great Lakes for their drinking 
water, food, jobs, and recreation. We need to put a stop to the 
poisoning of our water supply. Cities along the Great Lakes must become 
environmental stewards of our country's most precious freshwater 
ecosystem.
  The Great Lakes Water Protection Act gives cities until 2031 to build 
the full infrastructure needed to prevent sewage dumping into the Great 
Lakes. Those who violate EPA sewage dumping regulations after that 
federal deadline will be subject to fines up to $100,000 for each day a 
violation occurs. These fines will be directed to a newly established 
Great Lakes Clean-Up Fund within the Clean Water State Revolving Fund. 
Penalties collected would go into this fund and be reallocated to the 
states surrounding the Great Lakes. From there, the funds will be spent 
on wastewater treatment options, with a special focus on greener 
solutions such as habitat protection and wetland restoration.
  This legislation is sorely needed. Many major cities along the Great 
Lakes do not have the infrastructure needed to divert sewage overflows 
during times of heavy rainfall. More than twenty-four billion gallons 
of sewage are dumped into the Lakes each year; Detroit alone dumps an 
estimated 13 billion gallons of sewage into the Great Lakes annually. 
EPA estimates show there is a total of 347 combined sewer outflows that 
discharge into the Lake Michigan basin alone. This development is 
echoed throughout the Great Lakes region and is one we need to reverse.
  These disastrous practices result in thousands of annual beach 
closing for the region's 815 freshwater beaches. Illinois faced 628 
beach closures or contamination advisories in 2009 alone, up 17 percent 
from 2008. This greatly affects the health of our children and 
families--a recent University of Chicago study showed swim bans at 
Chicago's beaches due to E. coli levels cost the local economy $2.4 
million in lost revenue every year.
  Protecting our Great Lakes is one of my top priorities in the 
Congress. As an original sponsor of the Great Lakes Restoration Act, I 
favor a broad approach to addressing needs in the region. However, we 
must also move forward with tailored approaches to fix specific 
problems as we continue to push for more comprehensive reform. I am 
proud to introduce this important legislation that addresses a key 
problem facing our Great Lakes, and hope my colleagues will support me 
in ensuring that these important resources become free from the threat 
of sewage pollution.
  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. 147

       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 ``Great Lakes Water Protection 
     Act''.

     SEC. 2. PROHIBITION ON SEWAGE DUMPING INTO THE GREAT LAKES.

       Section 402 of the Federal Water Pollution Control Act (33 
     U.S.C. 1342) is amended by adding at the end the following:
       ``(s) Prohibition on Sewage Dumping Into the Great Lakes.--
       ``(1) Definitions.--In this subsection:
       ``(A) Bypass.--The term `bypass' means an intentional 
     diversion of waste streams to bypass any portion of a 
     treatment facility which results in a discharge into the 
     Great Lakes.
       ``(B) Great lakes.--The term `Great Lakes' has the meaning 
     given the term in section 118(a)(3).
       ``(C) Treatment facility.--The term `treatment facility' 
     includes all wastewater treatment units used by a publicly 
     owned treatment works to meet secondary treatment standards 
     or higher, as required to attain water quality standards, 
     under any operating conditions.
       ``(D) Treatment works.--The term `treatment works' has the 
     meaning given the term in section 212.
       ``(2) Prohibition.--A publicly owned treatment works is 
     prohibited from intentionally diverting waste streams to 
     bypass any portion of a treatment facility at the treatment 
     works if the diversion results in a discharge into the Great 
     Lakes unless--
       ``(A)(i) the bypass is unavoidable to prevent loss of life, 
     personal injury, or severe property damage;
       ``(ii) there is not a feasible alternative to the bypass, 
     such as the use of auxiliary treatment facilities, retention 
     of untreated wastes, or maintenance during normal periods of 
     equipment downtime; and
       ``(iii) the treatment works provides notice of the bypass 
     in accordance with this subsection; or
       ``(B) the bypass does not cause effluent limitations to be 
     exceeded, and the bypass is for essential maintenance to 
     ensure efficient operation of the treatment facility.
       ``(3) Limitation.--The requirement of paragraph (2)(A)(ii) 
     is not satisfied if--
       ``(A) adequate back-up equipment should have been installed 
     in the exercise of reasonable engineering judgment to prevent 
     the bypass; and
       ``(B) the bypass occurred during normal periods of 
     equipment downtime or preventive maintenance.
       ``(4) Notice requirements.--A publicly owned treatment 
     works shall provide to the Administrator (or to the State, in 
     the case of a State that has a permit program approved under 
     this section)--
       ``(A) prior notice of an anticipated bypass; and
       ``(B) notice of an unanticipated bypass by not later than 
     24 hours after the time at which the treatment works first 
     becomes aware of the bypass.
       ``(5) Follow-up notice requirements.--In the case of an 
     unanticipated bypass for which a publicly owned treatment 
     works provides notice under paragraph (4)(B), the treatment 
     works shall provide to the Administrator (or to the State in 
     the case of a State that has a permit program approved under 
     this section), not later than 5 days following the date on 
     which the treatment works first becomes aware of the bypass, 
     a follow-up notice containing a description of--
       ``(A) the cause of the bypass;

[[Page S223]]

       ``(B) the reason for the bypass;
       ``(C) the period of bypass, including the exact dates and 
     times;
       ``(D) if the bypass has not been corrected, the anticipated 
     time the bypass is expected to continue;
       ``(E) the volume of the discharge resulting from the 
     bypass;
       ``(F) any public access areas that may be impacted by the 
     bypass; and
       ``(G) steps taken or planned to reduce, eliminate, and 
     prevent reoccurrence of the bypass.
       ``(6) Public availability of notices.--A publicly owned 
     treatment works providing a notice under this subsection, and 
     the Administrator (or the State, in the case of a State that 
     has a permit program approved under this section) receiving 
     such a notice, shall each post the notice, by not later than 
     48 hours after providing or receiving the notice (as the case 
     may be), in a searchable database accessible on the Internet.
       ``(7) Sewage blending.--Bypasses prohibited by this section 
     include bypasses resulting in discharges from a publicly 
     owned treatment works that consist of effluent routed around 
     treatment units and thereafter blended together with effluent 
     from treatment units prior to discharge.
       ``(8) Implementation.--Not later than 180 days after the 
     date of enactment of this subsection, the Administrator shall 
     establish procedures to ensure that permits issued under this 
     section (or under a State permit program approved under this 
     section) to a publicly owned treatment works include 
     requirements to implement this subsection.
       ``(9) Increase in maximum civil penalty for violations 
     occurring after january 1, 2031.--Notwithstanding section 
     309, in the case of a violation of this subsection occurring 
     on or after January 1, 2031, or any violation of a permit 
     limitation or condition implementing this subsection 
     occurring after such date, the maximum civil penalty that 
     shall be assessed for the violation shall be $100,000 per day 
     for each day the violation occurs.
       ``(10) Applicability.--This subsection shall apply to a 
     bypass occurring after the last day of the 1-year period 
     beginning on the date of enactment of this subsection.''.

     SEC. 3. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND.

       (a) In General.--Title V of the Federal Water Pollution 
     Control Act (33 U.S.C. 1361 et seq.) is amended--
       (1) by redesignating section 519 (33 U.S.C. 1251 note) as 
     section 520; and
       (2) by inserting after section 518 (33 U.S.C. 1377) the 
     following:

     ``SEC. 519. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND.

       ``(a) Definitions.--In this section:
       ``(1) Fund.--The term `Fund' means the Great Lakes Cleanup 
     Fund established by subsection (b).
       ``(2) Great lakes; great lakes states.--The terms `Great 
     Lakes' and `Great Lakes States' have the meanings given the 
     terms in section 118(a)(3).
       ``(b) Establishment of Fund.--There is established in the 
     Treasury of the United States a trust fund to be known as the 
     `Great Lakes Cleanup Fund' (in this section referred to as 
     the `Fund').
       ``(c) Transfers to Fund.--Effective January 1, 2031, there 
     are authorized to be appropriated to the Fund amounts 
     equivalent to the penalties collected for violations of 
     section 402(s).
       ``(d) Administration of Fund.--The Administrator shall 
     administer the Fund.
       ``(e) Use of Funds.--The Administrator shall--
       ``(1) make the amounts in the Fund available to the Great 
     Lakes States for use in carrying out programs and activities 
     for improving wastewater discharges into the Great Lakes, 
     including habitat protection and wetland restoration; and
       ``(2) allocate those amounts among the Great Lakes States 
     based on the proportion that--
       ``(A) the amount attributable to a Great Lakes State for 
     penalties collected for violations of section 402(s); bears 
     to
       ``(B) the total amount of those penalties attributable to 
     all Great Lakes States.
       ``(f) Priority.--In selecting programs and activities to be 
     funded using amounts made available under this section, a 
     Great Lakes State shall give priority consideration to 
     programs and activities that address violations of section 
     402(s) resulting in the collection of penalties.''.
       (b) Conforming Amendment to State Revolving Fund Program.--
     Section 607 of the Federal Water Pollution Control Act (33 
     U.S.C. 1387) is amended--
       (1) by inserting ``(a) In General.--'' before ``There is''; 
     and
       (2) by adding at the end the following:
       ``(b) Treatment of Great Lakes Cleanup Fund.--For purposes 
     of this title, amounts made available from the Great Lakes 
     Cleanup Fund under section 519 shall be treated as funds 
     authorized to be appropriated to carry out this title and as 
     funds made available under this title, except that the funds 
     shall be made available to the Great Lakes States in 
     accordance with section 519.''.
  Mr. DURBIN. Mr. President, today I am introducing the Great Lakes 
Water Protection Act with my colleague, Senator Mark Kirk.
  We face many challenges in protecting the Great Lakes--from 
contaminated sediment to industrial pollutants to invasive species. 
This legislation tackles another significant threat to the water system 
municipal sewage.
  A recent report found that from January 2009 through January 2010, 
five U.S. cities dumped a combined 41 billion gallons of waste water 
into the Great Lakes. Sewage and storm water discharges have been 
associated with elevated levels of bacterial pollutants. For the 40 
million people who depend on the Great Lakes for their drinking water, 
that is no small matter.
  When bacterial counts go too high, beaches have to be closed. In 
Illinois, we have 52 public beaches along the Lake Michigan shoreline. 
People use these beaches for swimming, boating, fishing--and many 
communities generate revenue from the public beaches.
  Our legislation will quadruple fines for municipalities that dump raw 
sewage in the Great Lakes and direct the revenue from these penalties 
to projects that improve water quality. The bill also includes new 
reporting requirements that will provide a more complete understanding 
of the frequency and impact of sewage dumping on this critical water 
system.
  The Great Lakes are a national treasure. Illinoisans know that. They 
want to protect Lake Michigan, and they are willing to fight for the 
lake. Three and a half years ago, when we learned that BP was planning 
to increase the pollutants it puts into Lake Michigan--the people of 
Illinois stood up and said: No, polluting our lake further is not an 
option.
  Senator Kirk and I happen to agree with that message. Protecting the 
Great Lakes is not a partisan issue, and this is not a partisan bill. 
We intend to work together to ensure that this national treasure is 
around for generations, providing drinking water, recreation, and 
commerce for Illinois and other Great Lakes States.
                                 ______
                                 
      By Mr. REID (for Mrs. Feinstein):
  S. 149. A bill to extend the expiring provisions of the USA PATRIOT 
Improvement and Reauthorization Act of 2005, the Intelligence Reform 
and Terrorism Prevention Act of 2004, and the FISA Amendments Act of 
2008 until December 31, 2013, and for other purposes; to the Committee 
on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, today I am introducing the FISA 
Sunsets Extension Act of 2011 to extend the three expiring provisions 
of the Foreign Intelligence Surveillance Act--the authority to conduct, 
subject to court order, so-called ``roving wiretaps,'' ``lone wolf'' 
surveillance, and collection of business records. This legislation will 
extend these three authorities, otherwise set to expire on February 28, 
to December 31, 2013.
  The bill will also change the expiration date of the intelligence 
collection authorities provided in the FISA Amendments Act of 2008 so 
they, too, last until the end of 2013.
  I firmly believe that the United States Government needs these 
authorities to help prevent against future terrorist attacks against 
our nation and to collect vital intelligence insights into the 
capabilities and intentions of our adversaries. We remain a nation 
under threat and need to remain vigilant in our defense.
  Let me briefly describe the three expiring provisions.
  First, court-ordered roving authority is directed against foreign 
intelligence targets who attempt to thwart FISA surveillance by such 
actions as rapidly changing cell phones. In a September 2009 letter, 
the Department of Justice reported to Congress that this authority 
``has proven an important intelligence-gathering tool in a small but 
significant subset of FISA electronic surveillance orders.''
  Second, lone wolf authority allows for court-ordered collection 
against non-U.S. persons who engage in international terrorism but for 
whom an association with a specific international terrorist group has 
not yet been identified. In the last Congress, when the Department of 
Justice advised that it had not yet been necessary for the Government 
to use this authority, the Department stated that it could foresee 
circumstances in which a terrorist target had not actually contacted a 
terrorist group or was known to have severed his association from a 
terrorist group.
  From the events of the last several years, we have all become aware 
that we may be attacked by a lone, unaffiliated terrorist--or one whose 
links to

[[Page S224]]

terrorist groups are only clear after an individual is apprehended.
  Third, the collection of business records pursuant to court orders. 
This provision allows the Government to require the production of 
``tangible things'' in order to obtain foreign intelligence information 
as part of an investigation. In the September 2009 letter, the 
Department of Justice urged reauthorization of that authority because 
``[t]he absence of such authority could force the FBI to sacrifice key 
intelligence opportunities.''
  I cannot elaborate into the use of these authorities in this 
unclassified context. I can say, however, that as the Chairman of the 
Senate Select Committee on Intelligence and as one who reviews the 
intelligence on the threats we face, we remain a nation under attack. 
Providing the authorities to collect intelligence to identify and 
prevent terrorist attacks on the homeland remains necessary.
  It is also important to allow Congress, in the future, to conduct a 
complete review of FISA provisions. By synchronizing the dates when 
different pieces of the law expire, Congress can consider changes to 
FISA at once, prior to the end of 2013.
  In closing, l would like to assure all Members of the Senate and the 
American public that extending these sunsets does not shield them from 
oversight. There is a system of review and oversight in place that 
consists of the FISA Court, Inspectors General in the Department of 
Justice and in the intelligence community, regular oversight reviews by 
the National Security Division at the Department of Justice, a new 
Director of Compliance at the National Security Agency, and reporting 
to the Senate and House Intelligence and Judiciary Committees. As 
Chairman of the Senate Select Committee and as a member of the 
Judiciary Committee, I can assure colleagues that the Senate has 
placed, and will continue to place, oversight of the Government's 
surveillance authorities as a major priority.
  I urge my colleagues to support this legislation.
                                 ______
                                 
      By Mr. ROCKEFELLER (for himself, Mr. Harkin, Mrs. Murray, and Mr. 
        Manchin):
  S. 153. A bill to improve compliance with mine and occupational 
safety and health laws, empower workers to raise safety concerns, 
prevent future mine and other workplace tragedies, establish rights of 
families of victims of workplace accidents, and for other purposes; to 
the Committee on Health, Education, Labor, and Pensions.
  Mr. ROCKEFELLER. Mr. President, today I am proud to introduce the 
Robert C. Byrd Mine and Workplace Safety and Health Act of 2011. This 
legislation is identical to the bill I introduced last Congress with 
Senator Carte Goodwin and will afford miners in West Virginia and 
employees across the country the safest possible workplace, which is 
what they deserve. As I have mentioned before, this legislation is a 
tribute to all miners who have lost their lives and also to my dear 
friend and colleague, the late Senator Robert Byrd, who devoted his 
career to improving the working conditions of West Virginia's miners 
and worked diligently with me to develop this bill.
  I am also very pleased that Senators Tom Harkin, Patty Murray, and 
Joe Manchin are joining me in cosponsoring this legislation. Chairman 
Harkin and Senator Murray are strong advocates for America's workforce 
and worked closely with me to draft this bill. Their contributions and 
expertise on this issue are immeasurable. Senator Manchin and I also 
have a history of working together, when he was Governor, to improve 
the safety of West Virginia's mining community. We were there with the 
families after the Sago, Aracoma, and Upper Big Branch tragedies, and I 
know that he shares my commitment to keeping miners safe.
  I firmly believe that every American deserves a safe and healthy work 
environment. No family should have to experience the sadness and grief 
that is felt by the families of Upper Big Branch victims. Sadly, the 
Upper Big Branch families are still waiting. They are waiting for 
answers regarding this horrible tragedy. And, they are waiting for 
Congress to do even more to strengthen the mine safety laws of the 
land.
  The Upper Big Branch tragedy and several other high-profile workplace 
accidents around the country last year serve as stark reminders of the 
need to make sure that all workers can return home to their loved ones 
at the end of the day. Yet, these types of tragedies are far too 
common. Each year, thousands of employees die on the job and millions 
more are injured or become ill. These fatalities, injuries, and 
illnesses result not only in loss of life and quality of life, but also 
substantial costs for employers. It is in everyone's interest to 
improve the safety and health of America's workforce.
  I also know that improving the safety of our workforce will require 
hard work and dedication by everyone involved including state and 
federal officials, businesses, unions, employees, and safety experts. 
Here in the Senate, I am committed to working with my colleagues on 
both sides of the aisle--there is no question that we must work 
together to find real solutions that will save lives in mining and 
other industries in our country. I have no doubt that we will continue 
to learn more about the Upper Big Branch disaster as the investigations 
move forward. But I also know that there are several areas of the law 
that we can work to fix right now. These improvements will make us more 
proactive in identifying hazards before they become fatal, foster 
cooperation between employers and employees to keep everyone safe, 
improve the efficiency and effectiveness of our regulators, and 
increase the accountability for those responsible for keeping our 
workforce safe.
  The Robert C. Byrd Mine and Workplace Safety and Health Act of 2011 
takes important steps to empower miners to report safety concerns and 
keep themselves and their coworkers safe. Specifically, it gives 
whistleblowers up to 180 days to file a complaint if they have been 
retaliated against, permits the assessment of punitive damages and 
criminal penalties against operators that retaliate against miners who 
report safety problems, makes sure that miners do not lose a paycheck 
when their mines are shut down for safety reasons, and allows miners to 
give private interviews to MSHA without the operator or union 
representative present, so that they can speak openly about 
investigations.
  Our legislation allows MSHA to be more effective and efficient in its 
enforcement of our mine safety laws, while also increasing 
accountability and making sure that the agency is doing everything in 
its power to keep miners safe. Importantly, it expands MSHA's authority 
to subpoena documents and testimony, seek injunctions to stop dangerous 
acts, and implement additional safety training at unsafe mines. It also 
creates an independent panel to determine MSHA's role in serious 
accidents, and requires that MSHA conduct its inspections in a way that 
protects every miner regardless of when the miner's shift occurs.
  Another key piece of this bill is the section that reforms the broken 
``pattern of violations'' process and requires MSHA to focus on 
rehabilitating unsafe mines. The original pattern of violations process 
was meant to allow MSHA to take additional action against mines that 
repeatedly violate our laws, but unfortunately it has never been 
effectively implemented. This bill requires unsafe mines to adopt 
safety plans, undergo additional safety inspections, and meet specific 
safety improvement benchmarks. To make sure that MSHA's pattern of 
violations criteria accurately identifies unsafe mines, the Government 
Accountability Office will evaluate the implementation of MSHA's new 
criteria.
  I know that Secretary Hilda Solis and Assistant Secretary Joe Main 
have made mine safety a priority, and I deeply appreciate their work. 
They are currently examining proposals to administratively change how 
the pattern of violations process is used, and I support them in those 
efforts. But ultimately, there is only so much that MSHA can do under 
existing statute, which is why I believe that Congress must address 
this matter legislatively.
  We also know that workplace disasters are not confined to the mining 
industry, which is why our bill provides important, protections for 
workers across all industries under the jurisdiction of the 
Occupational Safety and

[[Page S225]]

Health Administration. This legislation allows employees to refuse to 
perform unsafe life-threatening work, updates civil penalties that have 
not been increased in two decades, gives victims and their families a 
voice in the investigation and enforcement process, requires employers 
to immediately correct hazardous conditions in the workplace, and 
improves whistleblower protections for employees.
  With these common-sense reforms, we can keep workers safe on the job, 
while also reducing the costs associated with occupational injuries and 
illnesses. By doing so, we can save lives, help employers save money, 
improve productivity, and increase the competitiveness of our 
workforce.
  I hope that my colleagues will carefully consider this legislation 
and that we can work together on a bipartisan basis to pass meaningful 
mine and workplace safety legislation this Congress. After the Sago and 
Aracoma disasters, the Senate passed the MINER Act with strong 
bipartisan support. We showed then that we can get the job done, and I 
am confident that we can do it again.
                                 ______
                                 
      By Mr. KOHL (for himself and Mr. Brown of Ohio):
  S. 154. A bill to authorize the Secretary of Education to make grants 
to support early college high schools and other dual enrollment 
programs; to the Committee on Health, Education, Labor, and Pensions.
  Mr. KOHL. Mr. President, today I am reintroducing the Fast Track to 
College Act, a bill to support the expansion of dual enrollment 
programs and Early College High Schools. Such programs allow young 
people to earn up to two years of college credit while also earning 
their high school diploma.
  I believe the key to our country's economic recovery is a strong 
investment in our young people. By investing in education, we ensure 
that today's students are well prepared to compete in a global economy.
  Far too many of our students are falling behind in school, and as 
students struggle with their studies or drop out of school altogether, 
their futures and the health of our workforce are at risk. Young people 
who drop out of high school are at increased risk for negative outcomes 
such as unemployment and incarceration, as well as reliance on public 
assistance for healthcare, housing, and other basic needs--outcomes 
that have high costs for their communities and our economy. Conversely, 
adults who earn bachelor's degrees earn on average two-thirds more than 
high school graduates and $1 million more than high school dropouts 
over their working lives.
  Studies show many youth drop out because they don't see a practical 
reason to complete high school or go on to get a college degree. Maybe 
they don't think they can get into college, don't think they can afford 
to go, or just don't see the point in going. Dual enrollment programs 
and Early College High Schools address these issues by showing students 
that they can succeed in college courses while saving time and money. 
They don't drop out because they can see that they are on track to a 
degree--and ultimately a job. By earning college credit, and possibly 
even an Associate's Degree, students are better prepared after high 
school to continue their education or pursue career training.
  That is why I ask my colleagues to support this bill, which provides 
competitive grant funding for Early College High Schools and other dual 
enrollment programs that allow low-income students to earn college 
credit and a high school diploma at the same time. These programs put 
students on the fast track to college and increase the odds that they 
will not only graduate, but also go on to continue their education and 
secure higher-paying jobs.
  This bill authorizes $140,000,000 for competitive 6-year grants to 
schools, with priority given to schools that serve low-income students. 
The funding will help defray the costs of implementing new programs, 
strengthening existing programs, and providing students and teachers 
with the resources they need to succeed in early college high schools 
and other dual enrollment programs. The bill also includes $10 million 
for states to provide support for these programs, as well as an 
evaluation component so we can measure the program's effectiveness.
  I am proud to sponsor this legislation, with the support of Senator 
Brown of Ohio, because I believe this investment in our schools will 
help solve the dropout crisis and secure America's future by ensuring 
that all young people can compete in today's global economy. Further, I 
believe that all children, regardless of income or other factors, 
deserve equal opportunities to fulfill their potential, and it is both 
morally and fiscally responsible for this Congress to invest in high-
quality educational programs that help our youth reach their potential.
  I urge my colleagues to support this important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 154

       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 ``Fast Track to College Act of 
     2011''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to increase secondary school 
     graduation rates and the percentage of students who complete 
     a recognized postsecondary credential by the age of 26, 
     including among low-income students and students from other 
     populations underrepresented in higher education.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Dual enrollment program.--The term ``dual enrollment 
     program'' means an academic program through which a secondary 
     school student is able simultaneously to earn credit toward a 
     secondary school diploma and a postsecondary degree or 
     credential.
       (2) Early college high school.--The term ``early college 
     high school'' means a public secondary school, as defined in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801), that provides a course of study that 
     enables a student to earn a secondary school diploma and 
     either an associate's degree or 1 to 2 years of postsecondary 
     credit toward a postsecondary degree or credential.
       (3) Eligible entity.--The term ``eligible entity'' means a 
     local educational agency in a collaborative partnership with 
     an institution of higher education. Such partnership also may 
     include other entities, such as a nonprofit organization with 
     experience in youth development.
       (4) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     such term in section 101 of the Higher Education Act of 1965 
     (20 U.S.C. 1001).
       (5) Local educational agency.--The term ``local educational 
     agency'' has the meaning given such term in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (7) Low-income student.--The term ``low-income student'' 
     means a student who meets a measure of poverty described in 
     section 1113(a)(5) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6313(a)(5)).

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.

       (a) In General.--To carry out this Act, there are 
     authorized to be appropriated $150,000,000 for fiscal year 
     2012 and such sums as may be necessary for each of fiscal 
     years 2013-2017.
       (b) Early College High Schools.--The Secretary shall 
     reserve not less than 45 percent of the funds appropriated 
     under subsection (a) to support early college high schools 
     under section 5.
       (c) Other Dual Enrollment Programs.--The Secretary shall 
     reserve not less than 45 percent of such funds to support 
     other dual enrollment programs (not including early college 
     high schools) under section 5.
       (d) State Grants.--The Secretary shall reserve 10 percent 
     of such funds, or $10,000,000, whichever is less, for grants 
     to States under section 9.

     SEC. 5. AUTHORIZED PROGRAM.

       (a) In General.--The Secretary is authorized to award, on a 
     competitive basis, 6-year grants to eligible entities seeking 
     to establish a new, or support an existing, early college 
     high school or other dual enrollment program.
       (b) Grant Amount.--The Secretary shall ensure that each 
     grant under this section is of sufficient size to enable 
     grantees to carry out all required activities and otherwise 
     meet the purposes of this Act, except that a grant under this 
     section may not exceed $2,000,000.
       (c) Matching Requirement.--
       (1) In general.--An eligible entity shall contribute 
     matching funds toward the costs of the early college high 
     school or other dual enrollment program to be supported under 
     this section, of which not less than half shall be from non-
     Federal sources, which funds shall represent not less than 
     the following:
       (A) 20 percent of the grant amount received in each of the 
     first and second years of the grant.

[[Page S226]]

       (B) 30 percent in each of the third and fourth years.
       (C) 40 percent in the fifth year.
       (D) 50 percent in the sixth year.
       (2) Determination of amount contributed.--The Secretary 
     shall allow an eligible entity to satisfy the requirements of 
     this subsection through in-kind contributions.
       (d) Supplement, Not Supplant.--An eligible entity shall use 
     a grant received under this section only to supplement funds 
     that would, in the absence of such grant, be made available 
     from non-Federal funds for support of the activities 
     described in the eligible entity's application under section 
     7, and not to supplant such funds.
       (e) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to applicants--
       (1) that propose to establish or support an early college 
     high school or other dual enrollment program that will serve 
     a student population of which 40 percent or more are students 
     counted under section 1113(a)(5) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)); and
       (2) from States that provide assistance to early college 
     high schools or other dual enrollment programs, such as 
     assistance to defray the costs of higher education, such as 
     tuition, fees, and textbooks.
       (f) Geographic Distribution.--The Secretary shall, to the 
     maximum extent practicable, ensure that recipients of grants 
     under this section are from a representative cross-section of 
     urban, suburban, and rural areas.

     SEC. 6. USE OF FUNDS.

       (a) Mandatory Activities.--An eligible entity shall use 
     grant funds received under section 5 to support the 
     activities described in its application under section 7, 
     including the following:
       (1) Planning year.--In the case of a new early college high 
     school or other dual enrollment program, during the first 
     year of the grant--
       (A) hiring a principal and staff, as appropriate;
       (B) designing the curriculum and sequence of courses in 
     collaboration with, at a minimum, teachers from the local 
     educational agency and faculty from the partner institution 
     of higher education;
       (C) informing parents and the community about the school or 
     program and opportunities to become actively involved in the 
     school or program;
       (D) establishing a course articulation process for defining 
     and approving courses for secondary school credit and credit 
     toward a postsecondary degree or credential;
       (E) outreach programs to ensure that secondary school 
     students and their families are aware of the school or 
     program;
       (F) liaison activities among partners in the eligible 
     entity; and
       (G) coordinating secondary and postsecondary support 
     services, academic calendars, and transportation.
       (2) Implementation period.--During the remainder of the 
     grant period--
       (A) academic and social support services, including 
     counseling;
       (B) liaison activities among partners in the eligible 
     entity;
       (C) data collection and use of such data for student and 
     instructional improvement and program evaluation;
       (D) outreach programs to ensure that secondary school 
     students and their families are aware of the early college 
     high school or other dual enrollment program;
       (E) professional development, including joint professional 
     development for secondary school personnel and faculty from 
     the institution of higher education; and
       (F) school or program design and planning team activities, 
     including curriculum development.
       (b) Allowable Activities.--An eligible entity may use grant 
     funds received under section 5 to support the activities 
     described in its application under section 7, including--
       (1) purchasing textbooks and equipment that support the 
     curriculum of the early college high school or other dual 
     enrollment program;
       (2) developing learning opportunities for students that 
     complement classroom experiences, such as internships, 
     career-based capstone projects, and opportunities to 
     participate in the activities provided under chapters 1 and 2 
     of subpart 2 of part A of title IV of the Higher Education 
     Act of 1965 (20 U.S.C. 1070a-11 et seq., 1070a-21 et seq.);
       (3) transportation; and
       (4) planning time for secondary school educators and 
     educators from an institution of higher education to 
     collaborate.

     SEC. 7. APPLICATION.

       (a) In General.--To receive a grant under section 5, an 
     eligible entity shall submit to the Secretary an application 
     at such time, in such manner, and including such information 
     as the Secretary may require.
       (b) Contents of Application.--At a minimum, the application 
     described in subsection (a) shall include a description of--
       (1) the budget of the early college high school or other 
     dual enrollment program;
       (2) each partner in the eligible entity and the partner's 
     experience with early college high schools or other dual 
     enrollment programs, key personnel from each partner and such 
     personnel's responsibilities for the school or program, and 
     how the eligible entity will work with secondary and 
     postsecondary teachers, other public and private entities, 
     community-based organizations, businesses, labor 
     organizations, and parents to ensure that students will be 
     prepared to succeed in postsecondary education and 
     employment, which may include the development of an advisory 
     board;
       (3) how the eligible entity will target and recruit at-risk 
     youth, including those at risk of dropping out of school, 
     students who are among the first generation in their family 
     to attend an institution of higher education, and students 
     from populations described in section 1111(b)(2)(C)(v)(II) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(2)(C)(v)(II));
       (4) a system of student supports, including small group 
     activities, tutoring, literacy and numeracy skill development 
     in all academic disciplines, parental and community outreach 
     and engagement, extended learning time, and activities to 
     improve readiness for postsecondary education, such as 
     academic seminars and counseling;
       (5) in the case of an early college high school, how a 
     graduation and career plan will be developed, consistent with 
     State graduation requirements, for each student and reviewed 
     each semester;
       (6) how parents or guardians of students participating in 
     the early college high school or other dual enrollment 
     program will be informed of the students' academic 
     performance and progress and, if required under paragraph 
     (5), involved in the development of the students' career and 
     graduation plans;
       (7) coordination between the institution of higher 
     education and the local educational agency, including 
     regarding academic calendars, provision of student services, 
     curriculum development, and professional development;
       (8) how the eligible entity will ensure that teachers in 
     the early college high school or other dual enrollment 
     program--
       (A) receive appropriate professional development and other 
     supports, including professional development and supports to 
     enable the teachers to utilize effective parent and community 
     engagement strategies; and
       (B) help English-language learners, students with 
     disabilities, and students from diverse cultural backgrounds 
     to succeed;
       (9) learning opportunities for students that complement 
     classroom experiences, such as internships, career-based 
     capstone projects, and opportunities to participate in the 
     activities provided under chapters 1 and 2 of subpart 2 of 
     part A of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1070a-11 et seq., 1070a-21 et seq.);
       (10) how policies, agreements, and the courses in the 
     program will ensure that postsecondary credits earned will be 
     transferable to, at a minimum, public institutions of higher 
     education within the State, consistent with existing 
     statewide articulation agreements (as of the time of the 
     application);
       (11) student assessments and other measurements of student 
     achievement, including benchmarks for student achievement;
       (12) outreach programs to provide elementary and secondary 
     school students, especially those in middle grades, and their 
     parents, teachers, school counselors, and principals with 
     information about, and academic preparation for, the early 
     college high school or other dual enrollment program;
       (13) how the local educational agency and institution of 
     higher education will work together, as appropriate, to 
     collect and use data for student and instructional 
     improvement and program evaluation;
       (14) how the eligible entity will help students meet 
     eligibility criteria for postsecondary courses and ensure 
     that students understand how their credits will transfer; and
       (15) how the eligible entity will access and leverage 
     additional resources necessary to sustain the early college 
     high school or other dual enrollment program after the grant 
     expires, including by engaging businesses and non-profit 
     organizations.
       (c) Assurances.--An eligible entity's application under 
     subsection (a) shall include assurances that--
       (1) in the case of an early college high school, the 
     majority of courses offered, including of postsecondary 
     courses, will be offered at facilities of the partnering 
     institution of higher education;
       (2) students will not be required to pay tuition or fees 
     for postsecondary courses offered as part of the early 
     college high school or other dual enrollment program;
       (3) upon completion of the requisite coursework, each 
     student shall receive an official record of postsecondary 
     credits that have been earned;
       (4) faculty teaching such postsecondary courses meet the 
     normal standards for faculty established by the institution 
     of higher education.
       (d) Waiver.--The Secretary may waive the requirement of 
     subsection (c)(1) upon a showing that it is impractical to 
     apply due to geographic considerations.

     SEC. 8. PEER REVIEW.

       (a) Peer Review of Applications.--The Secretary shall 
     establish peer review panels to review applications submitted 
     pursuant to section 7 and to advise the Secretary regarding 
     such applications.
       (b) Composition of Peer Review Panels.--The Secretary shall 
     ensure that each peer review panel is not comprised wholly of 
     full-time officers or employees of the Federal Government and 
     includes, at a minimum--
       (1) experts in the establishment and administration of 
     early college high schools or other dual enrollment programs 
     from the secondary and postsecondary perspective;

[[Page S227]]

       (2) faculty at institutions of higher education and 
     secondary school teachers with expertise in dual enrollment; 
     and
       (3) experts in the education of students who may be at risk 
     of not completing their secondary school education.

     SEC. 9. GRANTS TO STATES.

       (a) In General.--The Secretary is authorized to award, on a 
     competitive basis, 5-year grants to State agencies 
     responsible for secondary or postsecondary education for 
     efforts to support or establish early college high schools or 
     other dual enrollment programs.
       (b) Grant Amount.--The Secretary shall ensure that each 
     grant awarded under this section is of sufficient size to 
     enable the grantee to carry out all required activities.
       (c) Matching Requirement.--A State receiving a grant under 
     this section shall contribute matching funds from non-Federal 
     sources toward the costs of carrying out activities under 
     this section, which funds shall represent not less than 50 
     percent of the grant amount received in each year of the 
     grant.
       (d) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to States that, as of the time 
     of the application for the grant, provide assistance to early 
     college high schools or other dual enrollment programs, such 
     as assistance to defray the costs of higher education, such 
     as tuition, fees, and textbooks.
       (e) Application.--
       (1) In general.--To receive a grant under this section, a 
     State agency shall submit to the Secretary an application at 
     such time, in such manner, and including such information as 
     the Secretary may require.
       (2) Contents of application.--At a minimum, the application 
     described in paragraph (1) shall include a description of--
       (A) how the State will carry out all of the required State 
     activities described in subsection (f);
       (B) how the State will identify and eliminate barriers to 
     implementing effective early college high schools and other 
     dual enrollment programs after the grant expires, including 
     by engaging businesses and non-profit organizations; and
       (C) how the State will access and leverage additional 
     resources necessary to sustain early college high schools or 
     other dual enrollment programs.
       (f) State Activities.--A State receiving a grant under this 
     section shall use such funds for--
       (1) creating outreach programs to ensure that secondary 
     school students, their families, and community members are 
     aware of early college high schools and other dual enrollment 
     programs in the State;
       (2) planning and implementing a statewide strategy for 
     expanding access to early college high schools and other dual 
     enrollment programs for students who are underrepresented in 
     higher education to raise statewide rates of secondary school 
     graduation, readiness for postsecondary education, and 
     completion of postsecondary degrees and credentials, with a 
     focus on at-risk students, including identifying any 
     obstacles to such a strategy under State law or policy;
       (3) providing technical assistance to early college high 
     schools and other dual enrollment programs, such as brokering 
     relationships and agreements that forge a strong partnership 
     between elementary and secondary and postsecondary partners;
       (4) identifying policies that will improve the 
     effectiveness and ensure the quality of early college high 
     schools and other dual enrollment programs, such as access, 
     funding, data and quality assurance, governance, 
     accountability, and alignment policies;
       (5) planning and delivering statewide training and peer 
     learning opportunities for school leaders and teachers from 
     early college high schools and other dual enrollment 
     programs, which may include providing instructional coaches 
     who offer on-site guidance;
       (6) disseminating best practices in early college high 
     schools and other dual enrollment programs from across the 
     State and from other States; and
       (7) facilitating statewide data collection, research and 
     evaluation, and reporting to policymakers and other 
     stakeholders.

     SEC. 10. REPORTING AND OVERSIGHT.

       (a) Reporting by Grantees.--
       (1) In general.--The Secretary shall establish uniform 
     guidelines for all grantees under this Act concerning the 
     information that each grantee shall report annually to the 
     Secretary in order to demonstrate progress toward achieving 
     the purpose of this Act.
       (2) Contents of report.--At a minimum, a report submitted 
     under this subsection by an eligible entity receiving funds 
     under section 5 for an early college high school or other 
     dual enrollment program shall include the following 
     information about the students participating in the school or 
     program, for each category of students described in section 
     1111(h)(1)(C)(i) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i)):
       (A) The number of students.
       (B) The percentage of students scoring advanced, 
     proficient, basic, and below basic on the assessments 
     described in section 1111(b)(3) of such Act of 1965 (20 
     U.S.C. 6311(b)(3)).
       (C) The performance of students on other assessments or 
     measurements of achievement.
       (D) The number of secondary school credits earned.
       (E) The number of postsecondary credits earned.
       (F) Attendance rate, as appropriate.
       (G) Graduation rate.
       (H) Placement in postsecondary education or advanced 
     training, in military service, and in employment.
       (I) A description of the school or program's student, 
     parent, and community outreach and engagement.
       (b) Reporting by Secretary.--The Secretary annually shall--
       (1) prepare a report that compiles and analyzes the 
     information described in subsection (a) and identifies the 
     best practices for achieving the purpose of this Act; and
       (2) submit the report to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and the Workforce of the House of 
     Representatives.
       (c) Monitoring Visits.--The Secretary's designee shall 
     visit each grantee under this Act at least once for the 
     purpose of helping the grantee achieve the goals of this Act 
     and to monitor the grantee's progress toward achieving such 
     goals.
       (d) National Evaluation.--
       (1) In general.--Not later than 6 months after the date on 
     which funds are appropriated to carry out this Act, the 
     Secretary shall enter into a contract with an independent 
     organization to perform an evaluation of the grants awarded 
     under this Act.
       (2) Contents of evaluation.--The evaluation described in 
     paragraph (1) shall apply rigorous procedures to--
       (A) obtain valid and reliable data concerning participant 
     outcomes, disaggregated by relevant categories, which the 
     Secretary shall determine; and
       (B) monitor the progress of students from secondary school 
     to and through postsecondary education.
       (e) Technical Assistance.--The Secretary shall provide 
     technical assistance to eligible entities concerning best 
     practices in early college high schools and other dual 
     enrollment programs and shall disseminate such best practices 
     among eligible entities, State educational agencies, and 
     local educational agencies.

     SEC. 11. RULES OF CONSTRUCTION.

       (a) Employees.--Nothing in this Act shall be construed to 
     alter or otherwise affect the rights, remedies, and 
     procedures afforded to the employees of local educational 
     agencies (including schools) or institutions of higher 
     education under Federal, State, or local laws (including 
     applicable regulations or court orders) or under the terms of 
     collective bargaining agreements, memoranda of understanding, 
     or other agreements between such employees and their 
     employers.
       (b) Graduation Rate.--Notwithstanding any other provision 
     of law, a student who graduates from an early college high 
     school supported under this Act in the standard number of 
     years for graduation described in the eligible entity's 
     application shall be considered to have graduated on time for 
     purposes of section 1111(b)(2)(C)(vi) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(2)(C)(vi)).
                                 ______
                                 
      By Mr. KOHL:
  S. 155. A bill to amend the Internal Revenue Code of 1986 to provide 
an enhanced credit for research and development by companies that 
manufacture products in the United States; to the Committee on Finance.
  Mr. KOHL. Mr. President, I rise today to introduce three bills that I 
believe will be important for our small businesses, especially our 
smaller manufacturers. In each of these bills, there is an emphasis on 
keeping our research and development and manufacturing here in the 
United States, rewarding our innovative American businesses with 
predictable credits and equitable treatment, and creating good paying 
jobs.
  The first bill, S. 155, is designed to incentivize keeping jobs in 
the United States by increasing the existing Research & Development tax 
credit for companies that produce most of their goods domestically. The 
Domestic Jobs Innovation Bonus Act would create a bonus R&D Credit that 
increases incrementally to reward a higher percentage of domestic 
production. To earn the bonus credit, a company would need to make at 
least half of their products domestically--and for doing so would 
receive an additional 2 percentage points on top of the existing R&D 
credit. The credit would max out at a 10 percentage point increase for 
companies with 90 percent to 100 percent of their receipts from 
domestic production. For example, a company with 100 percent domestic 
production that would normally receive a 20 percent R&D tax credit 
would receive a 30 percent credit under this proposal.
  To be clear, this isn't a tax credit that will benefit every company 
that has a presence in the United States. It

[[Page S228]]

may not benefit many large, multi-national corporations, but those 
companies will still have access to the existing R&D Credit, which I 
support as well.
  It is my hope that a credit like this could convince a company that 
is deciding whether to manufacture and research here or abroad, to 
choose America.
  I am introducing a second bill, S. 156, with Senators Corker and 
Alexander that would establish a uniform energy efficiency descriptor 
for all water heaters and improve the testing methods by which that 
descriptor is determined. Currently, water heaters are lumped into two 
categories under two federal statutes, based on arbitrary gallon 
capacity and energy input ratings. ``Smaller'' water heaters are 
covered by the National Appliance Energy Conservation Act, NAECA, and 
must be rated using an energy factor or EF rating. ``Larger'' water 
heaters are within the scope of the Energy Policy Act, EPACT, and must 
be rated using a thermal efficiency or TE rating. Not only do the 
testing methods differ, but a manufacturer is forbidden to place an EF 
rating on a TE-sized unit, and vice-versa.
  This legislation would direct the Department of Energy to work with 
industry stakeholders to develop a uniform energy efficiency descriptor 
that applies to all sizes of water heaters. It also would develop a 
test method to accurately determine that descriptor for all types of 
water heaters. It is my hope that the water heating manufacturing 
community can develop and implement the new test method and descriptor 
that will eliminate confusion and enable consumers and business owners 
to make informed purchasing decisions on water heaters. In today's 
tough economy, energy bills continue to stretch family budgets. 
Families can save money and conserve energy if they have accurate 
information about how much energy home appliances consume.
  The difference between EF and TE ratings was based on the assumption 
that smaller units were exclusively for residential uses while larger 
units were exclusively for commercial purposes. Due to advances in 
manufacturing technology, the assumptions underlying the earlier 
dividing line are no longer accurate. In fact, both larger and smaller 
units made by leading U.S. manufacturers are used in residences without 
regard to which Federal law applies. Yet, Federal legislation continues 
to be written by taking this distinction into account.
  In particular, these American companies are affected by the current 
disparate energy standards because it can disadvantage some of their 
products. Establishing one standard will help breakdown a patchwork of 
incentives and efficiency designations at both the state and federal 
level. For example, water heaters rated with a TE rating are not 
eligible for the ENERGY STAR label, and accordingly, not eligible for 
many state appliance rebate programs that link their incentives to an 
ENERGY STAR designation. This bill will make it so all products are 
competing on a level playing field for all incentives.
  In addition to the energy savings that this bill will provide, it is 
also about the jobs potential for companies making these cutting-edge 
products. A globally-recognized cluster of water technology companies 
is emerging in the City of Milwaukee and surrounding counties. An 
important part of this effort is innovative water heater technologies. 
Incentivizing these products through predictable and equitable 
standards is vital to these companies.
  The third bill, S. 157, would extend the Section 48 investment tax 
credit to solar light pipe technology. This is a promising new 
technology that could save our businesses money on their electricity 
bills, and reduce our overall energy usage--two goals on which we can 
all agree. Light pipes collect natural light, and then through the use 
of sensor technology, automatically dim the other lights in a 
building--thereby using less electricity for the same amount of light.
  Despite the clear benefits of the technology, high cost has kept many 
businesses from using light pipes. Adding this technology to Section 48 
will provide that boost that these businesses need to justify the 
expense.
  I became aware of this technology because one of the companies that 
makes it is based in Manitowoc, Wisconsin. This company, Orion Energy 
Systems, employs about 250 people, and has been growing even during 
this tough economic time. In addition to light pipes, Orion makes 
energy efficient lighting systems, and partners with wind and solar 
power companies to significantly reduce the energy costs for many of 
our largest and most distinguished companies. Orion technology has been 
deployed at more than 6,000 facilities, and has worked with 126 of the 
Fortune 500 companies. Since 2001, Orion customers have saved more than 
$1 billion in electricity costs by displacing nearly 600 megawatts.
  This credit will help Orion and companies like it create thousands of 
jobs through the production of the technology as well as installing it.
  I urge my colleagues to support all of these bills, and I hope that 
they are enacted as part of an agenda that focuses on innovation, job 
creation, and shoring up our vital manufacturing sector.
                                 ______
                                 
      By Mrs. BOXER:
  S. 170. A bill to provide for the affordable refinancing of mortgages 
held by Fannie Mae and Freddie Mac; to the Committee on Banking, 
Housing, and Urban Affairs.
  Mrs. BOXER. Mr. President, I rise today to introduce the Helping 
Responsible Homeowners Act of 2011. This legislation will eliminate 
barriers that have prevented millions of borrowers who continue to make 
their payments on time from taking advantage of historically low 
interest rates and refinancing their mortgages.
  Despite a recent uptick, interest rates for 30-year home mortgages 
remain at historically low levels--under five percent. Yet of the 31.5 
million mortgages guaranteed by Fannie Mae and Freddie Mac, nearly 13 
million still carry an interest rate at or above 6 percent. This bill 
would allow non-delinquent mortgages to be refinanced at current rates, 
putting hundreds of dollars a month back in the pockets of struggling 
families.
  The Administration's Home Affordable Refinance Program has resulted 
in Fannie Mae and Freddie Mac refinancing 520,000 loans through October 
2010, far short of its goal of assisting four to five million 
homeowners.
  One reason for the program's failure is that Fannie and Freddie 
continue to charge risk-based fees to refinance a loan they already 
guarantee. These additional fees can be as high as two percent of the 
loan amount, or an extra $4,000 on a $200,000 loan. In my home state of 
California, where prices are higher, that might be $8,000 on a $400,000 
loan. For borrowers struggling to keep up with their payments, this is 
an additional cost they simply cannot afford.
  Fannie and Freddie already bear the risks on these loans; yet this 
policy actually makes it less likely that borrowers will be able to 
take advantage of the low rates and increases the chance they will 
eventually default.
  Many borrowers also have been blocked from refinancing by the owner 
of their second mortgage, even though reducing payments on the first 
mortgage would make it more likely the borrower would be able to 
continue making payments on the second.
  To remove these barriers and allow borrowers current on their 
payments to refinance their loans, the Helping Responsible Homeowners 
Act would eliminate risk-based fees on loans for which Fannie and 
Freddie already bear the risk; remove refinancing limits on properties 
that lost value during the real estate crisis; make it easier for 
borrowers with second mortgages to participate in refinancing programs; 
and require that borrowers are able to receive a fair interest rate, 
comparable to that received by any other current borrower who has not 
suffered a drop in home value.
  At a time when millions of Americans have been forced out of their 
homes, this legislation will ensure that homeowners who make their 
payments on time will be able to refinance their mortgages at current 
low rates so they can stay in their homes. I urge my colleagues to join 
me and to support this legislation.
                                 ______
                                 
      By Mr. HARKIN:
  S. 174. A bill to improve the health of Americans and reduce health 
care costs by reorienting the Nation's health care

[[Page S229]]

system toward prevention, wellness, and health promotion; to the 
Committee on Finance.
  Mr. HARKIN. Mr. President, the Healthy Lifestyles and Prevention 
America Act, also known as the HeLP America Act, will improve the 
health of Americans and reduce health care costs by emphasizing 
prevention, wellness, and health promotion in our communities, 
workplaces and schools.
  We made a significant investment in prevention and wellness as part 
of the passing of the historic Affordable Care Act into law. The robust 
array of provisions contained in the HeLP America Act continue to build 
off the investments made by the Affordable Care Act and together, they 
will significantly transform our current sick care system into a true 
health care system.
  Make no mistake about it; these combined efforts will continue our 
transformation into a genuine wellness society by keeping people from 
developing chronic diseases and from costly hospitalizations in the 
first place.
  Currently, the United States spends more than $2 trillion on health 
care each year but historically we invest just four cents out of every 
dollar in prevention and public health--let me repeat that--just four 
cents out of every dollar is invested in prevention and public health.
  This is pennies despite all the research that shows that prevention 
and public health can effectively reduce health care spending. This is 
why I fought for the Prevention and Public Health Fund that is included 
in the health reform law.
  But transforming our Nation into a true wellness society requires a 
comprehensive approach to make being healthier easier for all 
Americans.
  It just doesn't make any sense why we don't put a greater emphasis on 
making health promotion easier--why would we focus so little on 
prevention and public health when we know that these initiatives can 
make us healthier and reduce our annual health care spending?
  Well, I am proud that the bill before the Senate continues to make 
significant investments in prevention and wellness. The HeLP America 
Act will put additional systems into place that will improve access to 
nutritious foods, opportunities for physical activity, and 
affordability of recommended preventive services.
  The bill focuses on initiatives to make kids and schools healthier. 
In particular, it will support State efforts to provide resources to 
child care providers to help them meet high-quality physical activity 
and healthy eating standards. It also directs the Department of 
Education to provide guidance and technical assistance to schools to 
provide equal opportunities for students with disabilities for physical 
education and extracurricular athletics.
  In addition, the bill focuses on initiatives to make healthier 
communities and workplaces. For example, it requires the Secretary of 
Health and Human Services to establish guidelines in physical activity 
for children under the age of 5 and the Secretary of Agriculture to 
establish a grant program promoting and expanding efforts to create 
community gardens. Specific to small businesses and workplace wellness 
programs, there is a provision that allows employers to deduct the cost 
of athletic facility memberships for their employees and exempts this 
benefit as taxable income for employees.
  The HeLP America Act also creates systems that give Americans the 
information they need to make informed decisions. In particular, there 
is a provision that requires uniform guidelines be developed for the 
use of nutrient labeling symbols or systems on the front of food 
packages. There are provisions meant to strengthen federal initiatives 
to improve the health literacy of consumers by making health 
information easier to understand and health care systems easier to 
navigate.
  Let me be clear, this bill doesn't just tinker around the edges; it 
changes the very paradigm of a variety of systems to make it easier for 
Americans to be healthy. After many years of advocating for wellness 
and prevention, I am thrilled to see that these things were at the very 
heart of the historic Affordable Care Act passed into law. But there is 
still much more to be done, and the HeLP America Act is an important 
step in continuing our transformation into a genuine wellness society 
and getting health care costs under control.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the additional material was ordered to be 
printed in the Record, as follows:

                                 S. 174

       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 ``Healthy 
     Lifestyles and Prevention America Act'' or the ``HeLP America 
     Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                  TITLE I--HEALTHIER KIDS AND SCHOOLS

Sec. 101. Nutrition and physical activity in child care quality 
              improvement.
Sec. 102. Access to local foods and school gardens at preschools and 
              child care.
Sec. 103. Fresh fruit and vegetable program.
Sec. 104. Equal physical activity opportunities for students with 
              disabilities.

             TITLE II--HEALTHIER COMMUNITIES AND WORKPLACES

               Subtitle A--Creating Healthier Communities

Sec. 201. Technical assistance for the development of joint use 
              agreements.
Sec. 202. Community sports programs for individuals with disabilities.
Sec. 203. Community gardens.
Sec. 204. Physical activity guidelines for Americans.
Sec. 205. Tobacco taxes parity.
Sec. 206. Leveraging and coordinating federal resources for improved 
              health.

            Subtitle B--Incentives for a Healthier Workforce

Sec. 211. Tax credit to employers for costs of implementing wellness 
              programs.
Sec. 212. Employer-provided off-premises athletic facilities.
Sec. 213. Task force for the promotion of breastfeeding in the 
              workplace.
Sec. 214. Improving healthy eating and active living options in Federal 
              workplaces.

        TITLE III--RESPONSIBLE MARKETING AND CONSUMER AWARENESS

Sec. 301. Guidelines for reduction in sodium content in certain foods.
Sec. 302. Nutrition labeling for food products sold principally for use 
              in restaurants or other retail food establishments.
Sec. 303. Front-label food guidance systems.
Sec. 304. Rulemaking authority for advertising to children.
Sec. 305. Health Literacy: research, coordination and dissemination.
Sec. 306. Disallowance of deductions for advertising and marketing 
              expenses relating to tobacco product use.
Sec. 307. Incentives to reduce tobacco use.

           TITLE IV--EXPANDED COVERAGE OF PREVENTIVE SERVICES

Sec. 401. Required coverage of preventive services under the Medicaid 
              program.
Sec. 402. Coverage for comprehensive workplace wellness program and 
              preventive services.
Sec. 403. Health professional education and training in healthy eating.

                           TITLE V--RESEARCH

Sec. 501. Grants for Body Mass Index data analysis.
Sec. 502. National assessment of mental health needs.

                  TITLE I--HEALTHIER KIDS AND SCHOOLS

     SEC. 101. NUTRITION AND PHYSICAL ACTIVITY IN CHILD CARE 
                   QUALITY IMPROVEMENT.

       Section 658G of the Child Care and Development Block Grant 
     Act of 1990 (42 U.S.C. 9858e) is amended--
       (1) by striking ``choice, and'' and inserting ``choice,''; 
     and
       (2) by inserting after ``referral services)'' the 
     following: ``, and the provision of resources to enable 
     eligible child care providers to meet, exceed, or sustain 
     success in meeting or exceeding Federal or State high-quality 
     program standards relating to health, mental health, 
     nutrition, physical activity, and physical development''.

     SEC. 102. ACCESS TO LOCAL FOODS AND SCHOOL GARDENS AT 
                   PRESCHOOLS AND CHILD CARE.

       Section 18(g) of the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1769(g)) is amended--
       (1) by redesignating paragraphs (1) through (4) as 
     paragraphs (2) through (5), respectively;
       (2) by inserting before paragraph (2) (as redesignated by 
     paragraph (1)) the following:
       ``(1) Definitions.--In this subsection:
       ``(A) Child care center.--The term `child care center' 
     means a child care center participating in the program under 
     section 17 (other than a child care center that solely 
     participates in the program under subsection (r) of that 
     section).

[[Page S230]]

       ``(B) Sponsoring organization.--The term `sponsoring 
     organization' means an institution described in subparagraphs 
     (C), (D), or (E) of section 17(a)(2).'';
       (3) in paragraph (2) (as so redesignated)--
       (A) in the paragraph heading, by striking ``IN GENERAL'' 
     and inserting ``ASSISTANCE'';
       (B) in the matter preceding subparagraph (A), by inserting 
     ``, child care centers, sponsoring organizations for home-
     based care,'' after ``schools''; and
       (C) in subparagraph (A), by inserting ``, child care 
     centers, sponsoring organizations for home-based care,'' 
     after ``schools'';
       (4) in paragraph (3) (as so redesignated), by striking 
     ``paragraph (1)'' and inserting ``paragraph (2)''; and
       (5) in paragraph (4) (as so redesignated)--
       (A) in subparagraph (A)(i)--
       (i) in subclause (I), by striking ``or'';
       (ii) in subclause (II), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following:

       ``(III) a consortium of at least 2 child care centers or 
     sponsoring organizations for home-based care with hands-on 
     vegetable gardening and nutrition education that is 
     incorporated into the curriculum for 1 or more age groups at 
     2 or more eligible centers or family child care homes 
     supported by sponsoring organizations for home-based care.''; 
     and

       (B) in subparagraph (F), by striking ``paragraph (1)(H)'' 
     and inserting ``paragraph (2)(H)''.

     SEC. 103. FRESH FRUIT AND VEGETABLE PROGRAM.

       Section 19 of the Richard B. Russell National School Lunch 
     Act (42 U.S.C. 1769a) is amended--
       (1) by striking subsections (c) and (d) and inserting the 
     following:
       ``(c) School Participation.--
       ``(1) In general.--Each State shall carry out the program 
     in each elementary school (as defined in section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801)) in the State--
       ``(A) in which not less than 50 percent of the students are 
     eligible for free or reduced price meals under this Act; and
       ``(B) that submits an application in accordance with 
     paragraph (2).
       ``(2) Application.--
       ``(A) In general.--An interested elementary school shall 
     submit to the State an application containing--
       ``(i) information pertaining to the percentage of students 
     enrolled in the school who are eligible for free or reduced 
     price school lunches under this Act;
       ``(ii) a certification of support for participation in the 
     program signed by the school food manager, the school 
     principal, and the district superintendent (or equivalent 
     positions, as determined by the school);
       ``(iii) a plan for implementation of the program, including 
     efforts to integrate activities carried out under this 
     section with other efforts to promote sound health and 
     nutrition, reduce overweight and obesity, or promote physical 
     activity; and
       ``(iv) such other information as may be requested by the 
     Secretary.
       ``(B) Partnerships.--Each State shall encourage interested 
     elementary schools to submit a plan for implementation of the 
     program that includes a partnership with 1 or more entities 
     that will provide non-Federal resources (including entities 
     representing the fruit and vegetable industry).'';
       (2) by striking subsection (i) and inserting the following:
       ``(i) Funding.--
       ``(1) In general.--Out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer to the Secretary to carry out this section such sums 
     as are necessary, to remain available until expended.
       ``(2) Receipt and acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this section the funds transferred under paragraph (1), 
     without further appropriation.''; and
       (3) by redesignating subsections (e) through (i) as 
     subsections (d) through (h), respectively.

     SEC. 104. EQUAL PHYSICAL ACTIVITY OPPORTUNITIES FOR STUDENTS 
                   WITH DISABILITIES.

       (a) In General.--Title V of the Rehabilitation Act of 1973 
     (29 U.S.C. 791 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 511. EQUAL PHYSICAL ACTIVITY OPPORTUNITIES FOR 
                   STUDENTS WITH DISABILITIES.

       ``(a) In General.--The Secretary shall promote equal 
     opportunities for students with disabilities to be included 
     and to participate in physical education and extracurricular 
     athletics implemented in, or in conjunction with, elementary 
     schools, secondary schools, and institutions of higher 
     education, by ensuring the provision of appropriate technical 
     assistance and guidance for schools and institutions 
     described in this subsection and their personnel.
       ``(b) Technical Assistance and Guidance.--The provision of 
     technical assistance and guidance described in subsection (a) 
     shall include--
       ``(1) providing technical assistance to elementary schools, 
     secondary schools, local educational agencies, State 
     educational agencies, and institutions of higher education, 
     regarding--
       ``(A) inclusion and participation of students with 
     disabilities, in a manner equal to that of the other 
     students, in physical education opportunities (including 
     classes), and extracurricular athletics opportunities, 
     including technical assistance on providing reasonable 
     modifications to policies, practices, and procedures, and 
     providing supports to ensure such inclusion and 
     participation;
       ``(B) provision of adaptive sports programs, in the 
     physical education and extracurricular athletics 
     opportunities, including programs with competitive sports 
     leagues or competitions, for students with disabilities; and
       ``(C) responsibilities of the schools, institutions, and 
     agencies involved under section 504, the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and any 
     other applicable Federal law to provide students with 
     disabilities equal access to extracurricular athletics;
       ``(2) facilitating information sharing among the schools, 
     institutions, and agencies, and students with disabilities, 
     on ways to provide inclusive opportunities in physical 
     education and extracurricular athletics for students with 
     disabilities; and
       ``(3) monitoring the extent to which physical education and 
     extracurricular athletics opportunities for students with 
     disabilities are implemented in, or in conjunction with, 
     elementary schools, secondary schools, and institutions of 
     higher education.
       ``(c) Definitions.--In this section:
       ``(1) Agencies.--The terms `local educational agency' and 
     `State educational agency' have the meanings given the terms 
     in section 9101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7801).
       ``(2) Schools.--The terms `elementary school', `secondary 
     school', and `institution of higher education' mean an 
     elementary school, secondary school, or institution of higher 
     education, respectively (as defined in section 9101 of the 
     Elementary and Secondary Education Act of 1965), that 
     receives or has 1 or more students that receive, Federal 
     financial assistance.
       ``(3) Student with a disability.--
       ``(A) In general.--The term `student with a disability' 
     means an individual who--
       ``(i) attends an elementary school, secondary school, or 
     institution of higher education; and
       ``(ii) who--

       ``(I) is eligible for, and receiving, special education or 
     related services under part B of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1411 et seq.); or
       ``(II) is an individual with a disability, for purposes of 
     section 504 or the Americans with Disabilities Act of 1990.

       ``(B) Students with disabilities.--The term `students with 
     disabilities' means more than 1 student with a disability.''.
       (b) Table of Contents.--The table of contents in section 
     1(b) of the Rehabilitation Act of 1973 is amended by 
     inserting after the item relating to section 509 the 
     following:

``Sec. 510. Establishment of standards for accessible medical 
              diagnostic equipment.
``Sec. 511. Equal physical activity opportunities for students with 
              disabilities.''.

             TITLE II--HEALTHIER COMMUNITIES AND WORKPLACES

               Subtitle A--Creating Healthier Communities

     SEC. 201. TECHNICAL ASSISTANCE FOR THE DEVELOPMENT OF JOINT 
                   USE AGREEMENTS.

       (a) In General.--The Secretary of Health and Human 
     Services, acting through the Director of the Centers for 
     Disease Control and Prevention and in coordination with the 
     Secretary of Education and in consultation with leading 
     national experts and organizations advancing healthy living 
     in the school environment, shall develop and disseminate 
     guidelines and best practices, including model documents, and 
     provide technical assistance to elementary and secondary 
     schools to assist such schools with the development of joint 
     use agreements so as to address liability, operational and 
     management, and cost issues that may otherwise impede the 
     ability of community members to use school facilities for 
     recreational and nutritional purposes during nonschool hours.
       (b) Definition.--In this section, the term ``joint use 
     agreement'' means a formal agreement between an elementary or 
     secondary school and another entity relating to the use of 
     the school's facilities, equipment, or property, including 
     recreational and food services facilities, equipment, and 
     property, by individuals other than the school's students or 
     staff.

     SEC. 202. COMMUNITY SPORTS PROGRAMS FOR INDIVIDUALS WITH 
                   DISABILITIES.

       Part P of title III of the Public Health Service Act (42 
     U.S.C. 280g et seq.) is amended by adding at the end the 
     following:

     ``SEC. 399V-5. COMMUNITY SPORTS PROGRAMS FOR INDIVIDUALS WITH 
                   DISABILITIES.

       ``(a) In General.--
       ``(1) Individual with a disability defined.--For purposes 
     of this section, the term `individual with a disability' 
     means any person who has a disability as defined in section 3 
     of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 
     12102).
       ``(2) Individual with a physical disability.--The term 
     `individual with a physical disability' means an individual 
     with a disability that has a physical or visual disability.
       ``(3) Community sports grants program.--The Secretary, in 
     collaboration with the National Advisory Committee on 
     Community Sports Programs for Individuals with Disabilities, 
     may award grants on a competitive basis to public and 
     nonprofit private entities to implement community-based, 
     sports and

[[Page S231]]

     athletic programs for individuals with disabilities, 
     including youth with disabilities.
       ``(b) Application.--To be eligible to receive a grant under 
     this section, a public or nonprofit private entity shall 
     submit to the Secretary an application at such time, in such 
     manner, and containing such agreements, assurances, and 
     information as the Secretary determines to be necessary to 
     carry out this section.
       ``(c) Authorized Activities.--Amounts awarded under a grant 
     under subsection (a) shall be used for--
       ``(1) community-based sports programs, leagues, or 
     competitions in individual or team sports for individuals 
     with physical disabilities;
       ``(2) regional sports programs or competitions in 
     individual or team sports for individuals with physical 
     disabilities;
       ``(3) the development of competitive team and individual 
     sports programs for individuals with disabilities at the high 
     school and collegiate level; or
       ``(4) the development of mentoring programs to encourage 
     participation in sports programs for individuals with 
     disabilities, including individuals with recently acquired 
     disabilities.
       ``(d) Priorities.--
       ``(1) Advisory committee.--The Secretary shall establish a 
     National Advisory Committee on Community Sports Programs for 
     Individuals with Disabilities that shall--
       ``(A) establish priorities for the implementation of this 
     section;
       ``(B) review grant proposals;
       ``(C) make recommendations for distribution of the 
     available appropriated funds to specific applicants; and
       ``(D) annually evaluate the progress of programs carried 
     out under this section in implementing such priorities.
       ``(2) Representation.--The Advisory Committee established 
     under paragraph (1) shall include representatives of--
       ``(A) the Department of Health and Human Services Office on 
     Disability;
       ``(B) the United States Surgeon General;
       ``(C) the Centers for Disease Control and Prevention;
       ``(D) disabled sports organizations;
       ``(E) organizations that represent the interests of 
     individuals with disabilities; and
       ``(F) individuals with disabilities (including athletes 
     with physical disabilities) or their family members.
       ``(e) Dissemination of Information.--The Secretary shall 
     disseminate information about the availability of grants 
     under this section in a manner that is designed to reach 
     public entities and nonprofit private organizations that are 
     dedicated to providing outreach, advocacy, or independent 
     living services to individuals with disabilities.
       ``(f) Technical Assistance.--The Secretary, in conjunction 
     with the United States Olympic Committee and disabled sports 
     organizations, shall establish a technical assistance center 
     to provide training, support, and information to grantees 
     under this section on establishing and operating community 
     sports programs for individuals with disabilities.
       ``(g) Report to Congress.--Not later than 180 days after 
     the date of the enactment of this section, and annually 
     thereafter, the Secretary shall submit to Congress a report 
     summarizing activities, findings, outcomes, and 
     recommendations resulting from the grant projects funded 
     under this section during the year for which the report is 
     being prepared.
       ``(h) Authorization of Appropriations.--
       ``(1) In general.--To carry out this section, there are 
     authorized to be appropriated such sums as may be necessary.
       ``(2) Limitation.--Not to exceed 10 percent of the amount 
     appropriated in each fiscal year shall be used to carry out 
     activities under subsection (c)(4).''.

     SEC. 203. COMMUNITY GARDENS.

       Subtitle D of title X of the Food, Conservation, and Energy 
     Act of 2008 (Public Law 110-246; 122 Stat. 2109) is amended 
     by adding at the end the following:

     ``SEC. 10405. COMMUNITY GARDEN GRANT PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) a nonprofit organization; or
       ``(B) a unit of general local government, or tribal 
     government, located on tribal land or in a low-income 
     community.
       ``(2) Low-income community.--The term `low-income 
     community' means--
       ``(A) a community in which not less than 50 percent of 
     children are eligible for free or reduced priced meals under 
     the Richard B. Russell National School Lunch Act (42 U.S.C. 
     1751 et seq.); or
       ``(B) any other community determined by the Secretary to be 
     low-income for purposes of this section.
       ``(3) Unit of general local government.--The term `unit of 
     general local government' has the meaning given the term in 
     section 102 of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5302).
       ``(b) Program Established.--Using such amounts as are 
     appropriated to carry out this section, the Secretary shall 
     award grants to eligible entities to expand, establish, or 
     maintain community gardens.
       ``(c) Application.--To be considered for a grant under this 
     section, an eligible entity shall submit to the Secretary an 
     application at such time, in such manner, and containing such 
     information as the Secretary may require, including--
       ``(1) an assurance that priority for hiring for jobs 
     created by the expansion, establishment, or maintenance of a 
     community garden funded with a grant received under this 
     section will be given to individuals who reside in the 
     community in which the garden is located; and
       ``(2) a demonstration that the eligible entity is committed 
     to providing non-Federal financial or in-kind support (such 
     as providing a water supply) for the community garden for 
     which the entity receives funds under this section.''.

     SEC. 204. PHYSICAL ACTIVITY GUIDELINES FOR AMERICANS.

       (a) Report.--
       (1) In general.--At least every 5 years, the Secretary of 
     Health and Human Services (in this Act referred to as the 
     ``Secretary'') shall publish a report entitled ``Physical 
     Activity Guidelines for Americans''. Each such report shall 
     contain physical activity information and guidelines for the 
     general public, and shall be promoted by each Federal agency 
     in carrying out any Federal health program.
       (2) Basis of guidelines.--The information and guidelines 
     contained in each report required under paragraph (1) shall 
     be based on the preponderance of the scientific and medical 
     knowledge which is current at the time the report is 
     prepared, and shall include guidelines for identified 
     population subgroups, including children, if the 
     preponderance of scientific and medical knowledge indicates 
     those subgroups require different levels of physical 
     activity.
       (b) Approval by Secretary.--
       (1) Review.--Any Federal agency that proposes to issue any 
     physical activity guidance for the general population or 
     identified population subgroups shall submit the text of such 
     guidance to the Secretary for a 60-day review period.
       (2) Basis of review.--
       (A) In general.--During the 60-day review period 
     established in paragraph (1), the Secretary shall review and 
     approve or disapprove such guidance to assure that the 
     guidance either is consistent with the ``Physical Activity 
     Guidelines for Americans'' or that the guidance is based on 
     medical or new scientific knowledge which is determined to be 
     valid by the Secretary. If after such 60-day review period 
     the Secretary has not notified the proposing agency that such 
     guidance has been disapproved, then such guidance may be 
     issued by the agency. If the Secretary disapproves such 
     guidance, it shall be returned to the agency. If the 
     Secretary finds that such guidance is inconsistent with the 
     ``Physical Activity Guidelines for Americans'' and so 
     notifies the proposing agency, such agency shall follow the 
     procedures set forth in this subsection before disseminating 
     such proposal to the public in final form. If after such 60-
     day period, the Secretary disapproves such guidance as 
     inconsistent with the ``Physical Activity Guidelines for 
     Americans'' the proposing agency shall--
       (i) publish a notice in the Federal Register of the 
     availability of the full text of the proposal and the 
     preamble of such proposal which shall explain the basis and 
     purpose for the proposed physical activity guidance;
       (ii) provide in such notice for a public comment period of 
     30 days; and
       (iii) make available for public inspection and copying 
     during normal business hours any comment received by the 
     agency during such comment period.
       (B) Review of comments.--After review of comments received 
     during the comment period, the Secretary may approve for 
     dissemination by the proposing agency a final version of such 
     physical activity guidance along with an explanation of the 
     basis and purpose for the final guidance which addresses 
     significant and substantive comments as determined by the 
     proposing agency.
       (C) Announcement.--Any such final physical activity 
     guidance to be disseminated under subparagraph (B) shall be 
     announced in a notice published in the Federal Register, 
     before public dissemination along with an address where 
     copies may be obtained.
       (D) Notification of disapproval.--If after the 30-day 
     period for comment as provided under subparagraph (A)(ii), 
     the Secretary disapproves a proposed physical activity 
     guidance, the Secretary shall notify the Federal agency 
     submitting such guidance of such disapproval, and such 
     guidance may not be issued, except as provided in 
     subparagraph (E).
       (E) Review of disapproval.--If a proposed physical activity 
     guidance is disapproved by the Secretary under subparagraph 
     (D), the Federal agency proposing such guidance may, within 
     15 days after receiving notification of such disapproval 
     under subparagraph (D), request the Secretary to review such 
     disapproval. Within 15 days after receiving a request for 
     such a review, the Secretary shall conduct such review. If, 
     pursuant to such review, the Secretary approves such proposed 
     physical activity guidance, such guidance may be issued by 
     the Federal agency.
       (3) Definitions.--In this subsection:
       (A) The term ``physical activity guidance for the general 
     population'' does not include any rule or regulation issued 
     by a Federal agency.
       (B) The term ``identified population subgroups'' shall 
     include, but not be limited to, groups based on factors such 
     as age, sex, race, or physical disability.
       (c) Existing Authority Not Affected.--This section does not 
     place any limitations on--
       (1) the conduct or support of any scientific or medical 
     research by any Federal agency; or

[[Page S232]]

       (2) the presentation of any scientific or medical findings 
     or the exchange or review of scientific or medical 
     information by any Federal agency.

     SEC. 205. TOBACCO TAXES PARITY.

       (a) Increase in Excise Tax on Small Cigarettes and Small 
     Cigars.--
       (1) Section 5701(a)(1) of the Internal Revenue Code of 1986 
     is amended by striking ``$50.33'' and inserting ``$77.83''.
       (2) Section 5701(b)(1) of the Internal Revenue Code of 1986 
     is amended by striking ``$50.33'' and inserting ``$77.83''
       (b) Tax Parity for Pipe Tobacco and Roll-your-own 
     Tobacco.--
       (1) Section 5701(f) of the Internal Revenue Code of 1986 is 
     amended by striking ``$2.8311 cents'' and inserting 
     ``$38.32''.
       (2) Section 5701(g) of the Internal Revenue Code of 1986 is 
     amended by striking ``$24.78'' and inserting ``$38.32''.
       (c) Clarification of Definition of Small Cigars.--
     Paragraphs (1) and (2) of section 5701(a) of the Internal 
     Revenue Code of 1986 are each amended by striking ``three 
     pounds per thousand'' and inserting ``four and one-half 
     pounds per thousand''.
       (d) Clarification of Definition of Cigarette.--Paragraph 
     (2) of section 5702(b) of the Internal Revenue Code of 1986 
     is amended by insert before the final period the following: 
     ``, which includes any roll for smoking containing tobacco 
     that weighs no more than four and a half pounds per thousand, 
     unless it is wrapped in whole tobacco leaf and does not have 
     a cellulose acetate or other cigarette-style filter''.
       (e) Tax Parity for Smokeless Tobacco.--
       (1) Section 5701(e) of the Internal Revenue Code of 1986 is 
     amended--
       (A) in paragraph (1), by striking ``$1.51'' and inserting 
     ``$20.75'';
       (B) in paragraph (2), by striking ``50.33 cents'' and 
     inserting ``$8.30''; and
       (C) by adding at the end the following:
       ``(3) Smokeless tobacco sold in discrete single-use 
     units.--On discrete single-use units, $77.83 per each 1,000 
     single-use units.''.
       (2) Section 5702(m) of the Internal Revenue Code of 1986 is 
     amended--
       (A) in paragraph (1), ``or chewing tobacco'' and inserting 
     ``chewing tobacco, discrete single-use unit'';
       (B) in paragraphs (2) and (3), by inserting ``that is not a 
     discrete single-use unit'' before the period in each such 
     paragraph;
       (C) by adding at the end the following:
       ``(4) Discrete single-use unit.--The term `discrete single-
     use unit' means any product containing tobacco that--
       ``(A) is intended or expected to be consumed without being 
     combusted; and
       ``(B) is in the form of a lozenge, tablet, pill, pouch, 
     dissolvable strip, or other discrete single-use or single-
     dose unit.''.
       (f) Clarifying Other Tobacco Tax Definitions.--
       (1) Tobacco product definition.--Section 5702(c) of the 
     Internal Revenue Code of 1986 is amended by inserting before 
     the period the following: ``, and any other product 
     containing tobacco that is intended or expected to be 
     consumed''.
       (2) Cigarette paper definition.--Section 5702(e) of the 
     Internal Revenue Code of 1986 is amended by striking ``except 
     tobacco,'' and inserting ``or cigar''.
       (3) Cigarette tube definition.--Section 5702(f) of the 
     Internal Revenue Code of 1986 is amended by inserting before 
     the period ``or cigars''.
       (4) Importer definition.--Section 5702(k) of the Internal 
     Revenue Code of 1986 is amended by inserting ``or any other 
     tobacco product'' after ``cigars or cigarettes''.
       (g) Floor Stocks Taxes.--
       (1) Imposition of tax.--On tobacco products manufactured in 
     or imported into the United States which are removed before 
     any tax increase date and held on such date for sale by any 
     person, there is hereby imposed a tax in an amount equal to 
     the excess of--
       (A) the tax which would be imposed under section 5701 of 
     the Internal Revenue Code of 1986 on the article if the 
     article had been removed on such date, over
       (B) the prior tax (if any) imposed under section 5701 of 
     such Code on such article.
       (2) Credit against tax.--Each person shall be allowed as a 
     credit against the taxes imposed by paragraph (1) an amount 
     equal to $500. Such credit shall not exceed the amount of 
     taxes imposed by paragraph (1) on such date for which such 
     person is liable.
       (3) Liability for tax and method of payment.--
       (A) Liability for tax.--A person holding tobacco products 
     on any tax increase date to which any tax imposed by 
     paragraph (1) applies shall be liable for such tax.
       (B) Method of payment.--The tax imposed by paragraph (1) 
     shall be paid in such manner as the Secretary shall prescribe 
     by regulations.
       (C) Time for payment.--The tax imposed by paragraph (1) 
     shall be paid on or before the date that is 120 days after 
     the effective date of the tax rate increase.
       (4) Articles in foreign trade zones.--Notwithstanding the 
     Act of June 18, 1934 (commonly known as the Foreign Trade 
     Zone Act, 48 Stat. 998, 19 U.S.C. 81a et seq.) or any other 
     provision of law, any article which is located in a foreign 
     trade zone on any tax increase date shall be subject to the 
     tax imposed by paragraph (1) if--
       (A) internal revenue taxes have been determined, or customs 
     duties liquidated, with respect to such article before such 
     date pursuant to a request made under the 1st proviso of 
     section 3(a) of such Act, or
       (B) such article is held on such date under the supervision 
     of an officer of the United States Customs and Border 
     Protection of the Department of Homeland Security pursuant to 
     the 2d proviso of such section 3(a).
       (5) Definitions.--For purposes of this subsection--
       (A) In general.--Any term used in this subsection which is 
     also used in section 5702 of such Code shall have the same 
     meaning as such term has in such section.
       (B) Tax increase date.--The term ``tax increase date'' 
     means the effective date of any increase in any tobacco 
     product excise tax rate pursuant to the amendments made by 
     this section.
       (C) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury or the Secretary's delegate.
       (6) Controlled groups.--Rules similar to the rules of 
     section 5061(e)(3) of such Code shall apply for purposes of 
     this subsection.
       (7) Other laws applicable.--All provisions of law, 
     including penalties, applicable with respect to the taxes 
     imposed by section 5701 of such Code shall, insofar as 
     applicable and not inconsistent with the provisions of this 
     subsection, apply to the floor stocks taxes imposed by 
     paragraph (1), to the same extent as if such taxes were 
     imposed by such section 5701. The Secretary may treat any 
     person who bore the ultimate burden of the tax imposed by 
     paragraph (1) as the person to whom a credit or refund under 
     such provisions may be allowed or made.
       (h) Effective Date.--The amendments made by this section 
     shall apply to articles removed (as defined in section 
     5702(j) of the Internal Revenue Code of 1986) after December 
     31, 2010.

     SEC. 206. LEVERAGING AND COORDINATING FEDERAL RESOURCES FOR 
                   IMPROVED HEALTH.

       (a) Health Impacts of Non-health Legislation.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the National Prevention, Health 
     Promotion and Public Health Council, shall enter into a 
     contract with the Institute of Medicine of the National 
     Academy of Sciences for the conduct of a study to assess the 
     potential health impacts of major non-health related 
     legislation that is likely to be considered by Congress 
     within a year of completion of the study. Such study shall 
     identify the ways in which such legislation involved is 
     likely to impact the health of Americans and shall contain 
     recommendations to Congress on ways to maximize the positive 
     health impacts and minimize the negative health impacts.
       (2) Timing.--The timing of the study under paragraph (1) 
     shall be provide for in a manner that ensures that the 
     results of the study will be available at least 3 months 
     prior to the consideration of the legislation involved by 
     Congress.
       (3) Guidelines.--To the extent practicable, the Council 
     under paragraph (1) shall ensure that the study conducted 
     under this subsection complies with the consensus guidelines 
     on how to carry out a health impact assessment, including 
     stakeholder engagement guidelines, such as the HIA of the 
     Americas Practice Guidelines and guidelines promulgated by 
     the World Health Organization and other consensus bodies.
       (4) Report.--Upon completion of the study under this 
     subsection, the Institute of Medicine shall submit to the 
     Council under paragraph (1), and make available to the 
     general public, a report that--
       (A) summarizes the direct, indirect, and cumulative health 
     impacts identified in the assessment; and
       (B) contains recommendations for how to maximize positive 
     health impacts and minimize negative health impacts of the 
     legislation involved.
       (5) Type of legislation.--For purposes of this subsection, 
     the term ``non-health related legislation'' shall have the 
     meaning given such term by the Council under paragraph (1), 
     and shall include legislation that is likely to have impacts 
     on the health of Americans where such impacts are not likely 
     to be considered by Congress to the extent required by their 
     scope without the conduct of an assessment under this 
     subsection. Examples of major non-health related legislation 
     that could be the subject of the study include 
     reauthorizations of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users 
     (SAFETEA-LU; Public Law 109-59), the Food, Conservation, and 
     Energy Act of 2008 (Public Law 110-246), and the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
       (b) Improving Health Impacts of Federal Agency 
     Activities.--
       (1) In general.--The Secretary, acting through the Director 
     of the Centers for Disease Control and Prevention and in 
     coordination with the National Prevention, Health Promotion 
     and Public Health Council, shall detail employees of the 
     Department of Health and Human Services to policy and program 
     planning offices of other Federal departments and agencies, 
     including the Department of Transportation, the Department of 
     Housing and Urban Development, the Department of Agriculture, 
     the Department of Education, and the Department of the 
     Interior, in order to assist those departments and agencies 
     to consider the impacts of their activities on the health of 
     the populations served and to assist with the integration of 
     health goals into the activities of the departments and 
     agencies, as appropriate.
       (2) Duties.--Employees detailed under paragraph (1) shall 
     assist with assessments of the potential impacts of the 
     programs and

[[Page S233]]

     activities of the department or agency involved on the health 
     and well-being of the populations served, the development of 
     metrics and performance standards that can be incorporated, 
     as appropriate, into the activities, performance 
     measurements, and grant and contract standards of the 
     department or agency, and the development of the report 
     detailed in paragraph (3).
       (3) Reports.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, each 
     department and agency with a detailee under this section 
     shall submit to the National Prevention, Health Promotion and 
     Public Health Council, the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives a report 
     detailing the health impacts of the department or agency's 
     activities and any plans to improve those impacts.''

            Subtitle B--Incentives for a Healthier Workforce

     SEC. 211. TAX CREDIT TO EMPLOYERS FOR COSTS OF IMPLEMENTING 
                   WELLNESS PROGRAMS.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following:

     ``SEC. 45S. WELLNESS PROGRAM CREDIT.

       ``(a) Allowance of Credit.--
       ``(1) In general.--For purposes of section 38, the wellness 
     program credit determined under this section for any taxable 
     year during the credit period with respect to an employer is 
     an amount equal to 50 percent of the costs paid or incurred 
     by the employer in connection with a qualified wellness 
     program during the taxable year.
       ``(2) Limitation.--The amount of credit allowed under 
     paragraph (1) for any taxable year shall not exceed the sum 
     of--
       ``(A) the product of $200 and the number of employees of 
     the employer not in excess of 200 employees, plus
       ``(B) the product of $100 and the number of employees of 
     the employer in excess of 200 employees.
       ``(b) Qualified Wellness Program.--For purposes of this 
     section--
       ``(1) Qualified wellness program.--The term `qualified 
     wellness program' means a program which--
       ``(A) consists of any 3 of the wellness program components 
     described in subsection (c), and
       ``(B) which is certified by the Secretary of Health and 
     Human Services, in consultation with the Secretary of the 
     Treasury and Secretary of Labor, as a qualified wellness 
     program under this section.
       ``(2) Programs must be consistent with research and best 
     practices.--
       ``(A) In general.--The Secretary of Health and Human 
     Services shall not certify a program as a qualified wellness 
     program unless the program--
       ``(i) is consistent with evidence-based research and best 
     practices, as identified by persons with expertise in 
     employer health promotion and wellness programs,
       ``(ii) includes multiple, evidence-based strategies which 
     are based on the existing and emerging research and careful 
     scientific reviews, including the Guide to Community 
     Preventive Services, the Guide to Clinical Preventive 
     Services, and the National Registry for Effective Programs, 
     and
       ``(iii) includes strategies which focus on employee 
     populations with a disproportionate burden of health 
     problems.
       ``(B) Periodic updating and review.--The Secretary of 
     Health and Human Services shall establish procedures for 
     periodic review and recertifications of programs under this 
     subsection. Such procedures shall require revisions of 
     programs if necessary to ensure compliance with the 
     requirements of this section and require updating of the 
     programs to the extent the Secretary, in consultation with 
     the Secretary of the Treasury and the Secretary of Labor, 
     determines necessary to reflect new scientific findings.
       ``(3) Health literacy.--The Secretary of Health and Human 
     Services shall, as part of the certification process, 
     encourage employers to make the programs culturally competent 
     and to meet the health literacy needs of the employees 
     covered by the programs.
       ``(c) Wellness Program Components.--For purposes of this 
     section, the wellness program components described in this 
     subsection are the following:
       ``(1) Health awareness component.--A health awareness 
     component which provides for the following:
       ``(A) Health education.--The dissemination of health 
     information which addresses the specific needs and health 
     risks of employees.
       ``(B) Health screenings.--The opportunity for periodic 
     screenings for health problems and referrals for appropriate 
     follow up measures.
       ``(2) Employee engagement component.--An employee 
     engagement component which provides for--
       ``(A) the establishment of a committee to actively engage 
     employees in worksite wellness programs through worksite 
     assessments and program planning, delivery, evaluation, and 
     improvement efforts, and
       ``(B) the tracking of employee participation.
       ``(3) Behavioral change component.--A behavioral change 
     component which provides for altering employee lifestyles to 
     encourage healthy living through counseling, seminars, on-
     line programs, or self-help materials which provide technical 
     assistance and problem solving skills. Such component may 
     include programs relating to--
       ``(A) tobacco use,
       ``(B) overweight and obesity,
       ``(C) stress management,
       ``(D) physical activity,
       ``(E) nutrition,
       ``(F) substance abuse,
       ``(G) depression, and
       ``(H) mental health promotion (including anxiety).
       ``(4) Supportive environment component.--A supportive 
     environment component which includes the following:
       ``(A) On-site policies.--Policies and services at the 
     worksite which promote a healthy lifestyle, including 
     policies relating to--
       ``(i) tobacco use at the worksite,
       ``(ii) the nutrition of food available at the worksite 
     through cafeterias and vending options,
       ``(iii) minimizing stress and promoting positive mental 
     health in the workplace,
       ``(iv) where applicable, accessible and attractive stairs, 
     and
       ``(v) the encouragement of physical activity before, 
     during, and after work hours.
       ``(B) Participation incentives.--
       ``(i) In general.--Qualified incentive benefits for each 
     employee who participates in the health screenings described 
     in paragraph (1)(B) or the behavioral change programs 
     described in paragraph (3).
       ``(ii) Qualified incentive benefit.--For purposes of clause 
     (i), the term `qualified incentive benefit' means any benefit 
     which is approved by the Secretary of Health and Human 
     Services, in consultation with the Secretary of the Treasury 
     and the Secretary of Labor. Such benefit may include an 
     adjustment in health insurance premiums or co-pays.
       ``(C) Employee input.--The opportunity for employees to 
     participate in the management of any qualified wellness 
     program to which this section applies.
       ``(d) Participation Requirement.--
       ``(1) In general.--No credit shall be allowed under 
     subsection (a) unless the Secretary of Health and Human 
     Services, in consultation with the Secretary of the Treasury 
     and Secretary of Labor, as a part of any certification 
     described in subsection (b), that each wellness program 
     component of the qualified wellness program applies to all 
     qualified employees of the employer. The Secretary of Health 
     and Human Services shall prescribe rules under which an 
     employer shall not be treated as failing to meet the 
     requirements of this subsection merely because the employer 
     provides specialized programs for employees with specific 
     health needs or unusual employment requirements or provides a 
     pilot program to test new wellness strategies.
       ``(2) Qualified employee.--For purposes of paragraph (1), 
     the term `qualified employee' means an employee who works an 
     average of not less than 25 hours per week during the taxable 
     year.
       ``(e) Other Definitions and Special Rules.--For purposes of 
     this section--
       ``(1) Employee and employer.--
       ``(A) Partners and partnerships.--The term `employee' 
     includes a partner and the term `employer' includes a 
     partnership.
       ``(B) Certain rules to apply.--Rules similar to the rules 
     of section 52 shall apply.
       ``(2) Certain costs not included.--Costs paid or incurred 
     by an employer for food or health insurance shall not be 
     taken into account under subsection (a).
       ``(3) No credit where grant awarded.--No credit shall be 
     allowable under subsection (a) with respect to any qualified 
     wellness program of any taxpayer (other than an eligible 
     employer described in subsection (f)(2)(A)) who receives a 
     grant provided by the United States, a State, or a political 
     subdivision of a State for use in connection with such 
     program. The Secretary shall prescribe rules providing for 
     the waiver of this paragraph with respect to any grant which 
     does not constitute a significant portion of the funding for 
     the qualified wellness program.
       ``(4) Credit period.--
       ``(A) In general.--The term `credit period' means the 
     period of 10 consecutive taxable years beginning with the 
     taxable year in which the qualified wellness program is first 
     certified under this section.
       ``(B) Special rule for existing programs.--In the case of 
     an employer (or predecessor) which operates a wellness 
     program for its employees on the date of the enactment of 
     this section, subparagraph (A) shall be applied by 
     substituting `3 consecutive taxable years' for `10 
     consecutive taxable years'. The Secretary shall prescribe 
     rules under which this subsection shall not apply if an 
     employer is required to make substantial modifications in the 
     existing wellness program in order to qualify such program 
     for certification as a qualified wellness program.
       ``(C) Controlled groups.--For purposes of this paragraph, 
     all persons treated as a single employer under subsection 
     (b), (c), (m), or (o) of section 414 shall be treated as a 
     single employer.
       ``(f) Portion of Credit Made Refundable.--
       ``(1) In general.--In the case of an eligible employer of 
     an employee, the aggregate credits allowed to a taxpayer 
     under subpart C shall be increased by the lesser of--
       ``(A) the credit which would be allowed under this section 
     without regard to this subsection and the limitation under 
     section 38(c), or

[[Page S234]]

       ``(B) the amount by which the aggregate amount of credits 
     allowed by this subpart (determined without regard to this 
     subsection) would increase if the limitation imposed by 
     section 38(c) for any taxable year were increased by the 
     amount of employer payroll taxes imposed on the taxpayer 
     during the calendar year in which the taxable year begins.

     The amount of the credit allowed under this subsection shall 
     not be treated as a credit allowed under this subpart and 
     shall reduce the amount of the credit otherwise allowable 
     under subsection (a) without regard to section 38(c).
       ``(2) Eligible employer.--For purposes of this subsection, 
     the term `eligible employer' means an employer which is--
       ``(A) a State or political subdivision thereof, the 
     District of Columbia, a possession of the United States, or 
     an agency or instrumentality of any of the foregoing, or
       ``(B) any organization described in section 501(c) of the 
     Internal Revenue Code of 1986 which is exempt from taxation 
     under section 501(a) of such Code.
       ``(3) Employer payroll taxes.--For purposes of this 
     subsection--
       ``(A) In general.--The term `employer payroll taxes' means 
     the taxes imposed by--
       ``(i) section 3111(b), and
       ``(ii) sections 3211(a) and 3221(a) (determined at a rate 
     equal to the rate under section 3111(b)).
       ``(B) Special rule.--A rule similar to the rule of section 
     24(d)(2)(C) shall apply for purposes of subparagraph (A).
       ``(g) Termination.--This section shall not apply to any 
     amount paid or incurred after December 31, 2017.''.
       (b) Treatment as General Business Credit.--Subsection (b) 
     of section 38 of the Internal Revenue Code of 1986 is amended 
     by striking ``plus'' at the end of paragraph (35), by 
     striking the period at the end of paragraph (36) and 
     inserting ``, plus'', and by adding at the end the following:
       ``(37) the wellness program credit determined under section 
     45S.''.
       (c) Denial of Double Benefit.--Section 280C of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new subsection:
       ``(j) Wellness Program Credit.--
       ``(1) In general.--No deduction shall be allowed for that 
     portion of the costs paid or incurred for a qualified 
     wellness program (within the meaning of section 45S) 
     allowable as a deduction for the taxable year which is equal 
     to the amount of the credit allowable for the taxable year 
     under section 45S.
       ``(2) Similar rule where taxpayer capitalizes rather than 
     deducts expenses.--If--
       ``(A) the amount of the credit determined for the taxable 
     year under section 45S, exceeds
       ``(B) the amount allowable as a deduction for such taxable 
     year for a qualified wellness program,
     the amount chargeable to capital account for the taxable year 
     for such expenses shall be reduced by the amount of such 
     excess.
       ``(3) Controlled groups.--In the case of a corporation 
     which is a member of a controlled group of corporations 
     (within the meaning of section 41(f)(5)) or a trade or 
     business which is treated as being under common control with 
     other trades or business (within the meaning of section 
     41(f)(1)(B)), this subsection shall be applied under rules 
     prescribed by the Secretary similar to the rules applicable 
     under subparagraphs (A) and (B) of section 41(f)(1).''.
       (d) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following:

``Sec. 45S. Wellness program credit.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of 
     enactment of this Act.
       (f) Outreach.--
       (1) In general.--The Secretary of the Treasury, in 
     conjunction with the Director of the Centers for Disease 
     Control and members of the business community, shall 
     institute an outreach program to inform businesses about the 
     availability of the wellness program credit under section 45S 
     of the Internal Revenue Code of 1986 as well as to educate 
     businesses on how to develop programs according to recognized 
     and promising practices and on how to measure the success of 
     implemented programs.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     the outreach program described in paragraph (1).

     SEC. 212. EMPLOYER-PROVIDED OFF-PREMISES ATHLETIC FACILITIES.

       (a) Treatment as Fringe Benefit.--Subparagraph (A) of 
     section 132(j)(4) of the Internal Revenue Code of 1986 is 
     amended to read as follows:
       ``(A) In general.--Gross income shall not include--
       ``(i) the value of any on-premises athletic facility 
     provided by an employer to its employees, and
       ``(ii) so much of the fees, dues, or membership expenses 
     paid by an employer to an athletic or fitness facility 
     described in subparagraph (C) on behalf of its employees as 
     does not exceed $900 per employee per year.''.
       (b) Athletic Facilities Described.--Paragraph (4) of 
     section 132(j) of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following new subparagraph:
       ``(C) Certain athletic or fitness facilities described.--
     For purposes of subparagraph (A)(ii), an athletic or fitness 
     facility described in this subparagraph is a facility--
       ``(i) which provides instruction in a program of physical 
     exercise, offers facilities for the preservation, 
     maintenance, encouragement, or development of physical 
     fitness, or is the site of such a program of a State or local 
     government,
       ``(ii) which is not a private club owned and operated by 
     its members,
       ``(iii) which does not offer golf, hunting, sailing, or 
     riding facilities,
       ``(iv) whose health or fitness facility is not incidental 
     to its overall function and purpose, and
       ``(v) which is fully compliant with the State of 
     jurisdiction and Federal anti-discrimination laws.''.
       (c) Exclusion Applies to Highly Compensated Employees Only 
     if No Discrimination.--Section 132(j)(1) of the Internal 
     Revenue Code of 1986 is amended--
       (1) by striking ``Paragraphs (1) and (2) of subsection 
     (a)'' and inserting ``Subsections (a)(1), (a)(2), and 
     (j)(4)'', and
       (2) by striking the heading thereof through ``apply'' and 
     inserting ``Certain exclusions apply''.
       (d) Employer Deduction for Dues to Certain Athletic 
     Facilities.--
       (1) In general.--Paragraph (3) of section 274(a) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new sentence: ``The preceding sentence shall 
     not apply to so much of the fees, dues, or membership 
     expenses paid to athletic or fitness facilities (within the 
     meaning of section 132(j)(4)(C)) as does not exceed $900 per 
     employee per year.''.
       (2) Conforming amendment.--The last sentence of section 
     274(e)(4) of such Code is amended by inserting ``the first 
     sentence of'' before ``subsection (a)(3)''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 213. TASK FORCE FOR THE PROMOTION OF BREASTFEEDING IN 
                   THE WORKPLACE.

       (a) Establishment.--The Secretary of Health and Human 
     Services and the Secretary of Labor, or their designees, 
     shall convene a task force for the purpose of promoting 
     breastfeeding among working mothers (referred to in this 
     section as the ``Task Force'').
       (b) Membership.--The Task Force shall be composed of 
     members who are--
       (1) expert staff from the Department of Labor with 
     expertise in workforce issues;
       (2) expert staff from the Department of Health and Human 
     Services with expertise in the areas of breastfeeding and 
     breastfeeding promotion;
       (3) members of the United States Breastfeeding Committee;
       (4) expert staff from the Department of Agriculture; and
       (5) appointed by the Secretary of Health and Human Services 
     and the Secretary of Labor, including--
       (A) working mothers who have experience in working and 
     breastfeeding; and
       (B) representatives of the human resource departments of 
     both large and small employers that have successfully 
     promoted breastfeeding and breastmilk pumping support at 
     work.
       (c) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Task Force. Any vacancy in the 
     Task Force shall not affects its powers, but shall be filled 
     in the same manner as the original appointment.
       (d) Chair.--The Task Force shall be chaired jointly by the 
     Secretary of Health and Human Services and the Secretary of 
     Labor, or their designees.
       (e) Duties of the Task Force.--
       (1) Examination.--Consistent with the Department of Health 
     and Human Services Blueprint for Action on Breastfeeding 
     (2000), the Task Force shall examine the following issues:
       (A) The challenges that mothers face with continuing 
     breastfeeding when the mothers return to work after giving 
     birth.
       (B) The challenges that employers face in accommodating 
     mothers who seek to continue to breastfeed or to express milk 
     when the mothers re-enter the workforce, including different 
     challenges that mothers of varying socio-economic status and 
     in different professions may face.
       (C) The benefits that accrue to mothers, babies, and to 
     employers when mothers are able to continue to breastfeed or 
     to express breastmilk at work after the mothers have re-
     entered the workforce.
       (D) Federal and State statutes that may have the effect of 
     reducing breastfeeding and breastfeeding retention rates 
     among working mothers.
       (2) Reports.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this section, the Task Force shall issue a 
     public report with recommendations on the following:
       (i) Steps that can be taken to promote breastfeeding among 
     working mothers and to remove barriers to breastfeeding among 
     working mothers.
       (ii) Potential ways in which the Federal Government can 
     work with employers to promote breastfeeding among working 
     mothers.
       (iii) Areas in which changes to existing Federal, State, or 
     local laws would likely

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     have the effect of making it easier for working mothers to 
     breastfeed or would remove impediments to breastfeeding that 
     currently exist in such laws.
       (iv) Whether or not increased rates of breastfeeding among 
     working mothers would likely have the result of reducing 
     health care costs among such mothers and their children, and, 
     in particular, whether increased rates of breastfeeding would 
     be likely to result in lower Federal expenditures on health 
     care for such mothers and their children.
       (v) Areas in which the Federal Government, through 
     increased efforts by Federal agencies, or changes to existing 
     Federal law, can and should increase the Federal Government's 
     efforts to promote breastfeeding among working mothers.
       (B) Copy to congress.--Upon completion of the report 
     described in subparagraph (A), the Task Force shall submit a 
     copy of the report to the Committee on Health, Education, 
     Labor, and Pensions of the Senate, the Committee on 
     Appropriations of the Senate, the Committee on Education and 
     the Workforce of the House of Representatives, and the 
     Committee on Appropriations of the House of Representatives.
       (f) Powers of the Task Force.--
       (1) Hearings.--The Task Force may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Task Force considers advisable 
     to carry out this section.
       (2) Information from federal agencies.--The Task Force may 
     secure directly from any Federal department or agency such 
     information as the Task Force considers necessary to carry 
     out this section. Upon request of the Chair of the Task 
     Force, the head of such department or agency shall furnish 
     such information to the Task Force.
       (3) Postal services.--The Task Force may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (4) Donations.--The Task Force may accept, use, and dispose 
     of donations of services or property.
       (g) Operating Expenses.--The operating expenses of the Task 
     Force, including travel expenses for members of the Task 
     Force, shall be paid for from the general operating expenses 
     funds of the Secretary of Health and Human Services and the 
     Secretary of Labor.

     SEC. 214. IMPROVING HEALTHY EATING AND ACTIVE LIVING OPTIONS 
                   IN FEDERAL WORKPLACES.

       (a) Menu Labeling in Federal Food Establishments.--
       (1) In general.--
       (A) Executive and judicial buildings.--Section 403(q) of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)) 
     is amended by adding at the end the following:
       ``(6)(A) The requirements of subparagraph (5)(H) shall 
     apply--
       ``(i) to a restaurant or similar retail food establishment 
     located in a Federal building in the same manner as such 
     subparagraph applies to a restaurant or similar retail food 
     establishment that is part of a chain with 20 or more 
     locations, as described in subparagraph (5)(H)(i); and
       ``(ii) to a person that operates a vending machine located 
     in a Federal building in the same manner as such subparagraph 
     applies to a person who is engaged in the business of owning 
     or operating 20 or more vending machines, as described in 
     subparagraph (5)(H)(viii).
       ``(B) In this subparagraph, the term `Federal building' 
     means a building that is--
       ``(i) under the control of the Federal agency (as defined 
     in section 102 of title 40, United States Code);
       ``(ii) owned by the Federal Government; and
       ``(iii) located in a State, the District of Columbia, 
     Puerto Rico, or a territory or possession of the United 
     States.''.
       (B) Applicability.--The requirement in the amendment made 
     by paragraph (1) shall apply to restaurants or similar retail 
     food establishments and vending machines located in a Federal 
     building beginning 12 months after the date of enactment of 
     this Act.
       (2) Congressional buildings.--The Architect of the Capitol, 
     in coordination with the Committee on Rules and 
     Administration of the Senate and the Committee on House 
     Administration of the House of Representatives, shall 
     establish a program to apply the requirements of section 
     403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 343(q)(5)(H)) (as amended by paragraph (1)) to--
       (A) food that is served in restaurants or other similar 
     retail food establishments that are located in Congressional 
     buildings and installations;
       (B) food that is sold through vending machines that are 
     operated in Congressional buildings and installations; and
       (C) food that is served to individuals within Congressional 
     buildings and installations pursuant to a contract with a 
     private entity.
       (b) Nutritional Standards for Food in Federal Buildings.--
       (1) Executive and judicial buildings.--Subchapter V of 
     chapter 5 of subtitle I of title 40, United States Code, is 
     amended by adding at the end the following:

     ``SEC. 594. NUTRITIONAL STANDARDS FOR FOOD IN FEDERAL 
                   BUILDINGS.

       ``(a) In General.--The Administrator of General Services, 
     in consultation with the Secretary of Health and Human 
     Services, shall establish, by regulation, nutritional 
     standards for all food products provided at Federal buildings 
     and installations (including food products provided by 
     contractors or vending machines).
       ``(b) Use of Amounts.--Amounts appropriated to an executive 
     agency for installation, repair, and maintenance, generally, 
     may be used to achieve compliance with the regulations 
     promulgated pursuant to this section.
       ``(c) Liability.--Nothing in this section increases or 
     enlarges the tort liability of the Federal Government for any 
     injury to an individual or damage to property.''.
       (2) Congressional buildings.--The Architect of the Capitol, 
     in coordination with the Committee on Rules and 
     Administration of the Senate and the Committee on House 
     Administration of the House of Representatives shall 
     establish nutritional standards for all food products 
     provided at Congressional buildings and installations 
     (including food products provided by contractors or vending 
     machines).
       (c) Encouragement of Use of Stairs.--
       (1) Executive and judicial buildings.--Subchapter V of 
     chapter 5 of subtitle I of title 40, United States Code, as 
     amended by subsection (b), is further amended by adding at 
     the end the following:

     ``SEC. 595. ENCOURAGEMENT OF USE OF STAIRS.

       ``(a) In General.--Each Federal agency shall install point-
     of-decision prompts encouraging individuals to use stairs 
     wherever practicable at each relevant building and 
     installation that is--
       ``(1) under the control of the Federal agency;
       ``(2) owned by the Federal Government; and
       ``(3) located in a State, the District of Columbia, Puerto 
     Rico, or a territory or possession of the United States.
       ``(b) Reimbursement.--Subsection (a) may be carried out 
     by--
       ``(1) reimbursement to a State or political subdivision of 
     a State, the District of Columbia, Puerto Rico, or a 
     territory or possession of the United States; or
       ``(2) a means other than reimbursement.
       ``(c) Regulations.--Subsection (a) shall be carried out in 
     accordance with such regulations as the Administrator of 
     General Services may promulgate, with the approval of the 
     Director of the Office of Management and Budget.
       ``(d) Use of Amounts.--Amounts appropriated to a Federal 
     agency for installation, repair, and maintenance, generally, 
     shall be available to carry out this section.
       ``(e) Liability.--Nothing in this section increases or 
     enlarges the tort liability of the Federal Government for any 
     injury to an individual or damage to property.''.
       (2) Congressional buildings.--The Architect of the Capitol 
     shall implement a program to install point-of-decision 
     prompts encouraging individuals to use stairs wherever 
     practicable in Congressional buildings and installations in 
     the same manner as established under section 595 of title 40, 
     United States Code (as added by paragraph (1)).
       (d) Accommodations for Bicycle Commuters.--
       (1) Executive and judicial federal buildings.--Subchapter V 
     of chapter 5 of subtitle I of title 40, United States Code, 
     as amended by subsection (c), is further amended by adding at 
     the end the following:

     ``SEC. 596. ACCOMMODATIONS FOR BICYCLE COMMUTERS.

       ``(a) In General.--Each Federal agency shall install and 
     maintain a bicycle storage area and equipment (such as a 
     bicycle rack) and a shower for bicycle commuters at each 
     relevant parking structure that is--
       ``(1) under the control of the Federal agency;
       ``(2) owned by the Federal Government; and
       ``(3) located in a State, the District of Columbia, Puerto 
     Rico, or a territory or possession of the United States.
       ``(b) Reimbursement.--Subsection (a) may be carried out 
     by--
       ``(1) reimbursement to a State or political subdivision of 
     a State, the District of Columbia, Puerto Rico, or a 
     territory or possession of the United States; or
       ``(2) a means other than reimbursement.
       ``(c) Regulations.--Subsection (a) shall be carried out in 
     accordance with such regulations as the Administrator of 
     General Services may promulgate, with the approval of the 
     Director of the Office of Management and Budget.
       ``(d) Use of Amounts.--Amounts appropriated to a Federal 
     agency for installation, repair, and maintenance, generally, 
     shall be available to carry out this section.
       ``(e) Liability.--Nothing in this section increases or 
     enlarges the tort liability of the Federal Government for any 
     injury to an individual or damage to property.''.
       (2) Congressional buildings.--The Architect of the Capitol, 
     in coordination with the Sergeant at Arms and Doorkeeper of 
     the Senate, the Sergeant at Arms of the House of 
     Representatives, and the United States Capitol Police, shall 
     implement, within their respective jurisdictions, a program 
     to make accommodations for bicycle commuters on the United 
     States Capitol complex in the same manner as established 
     under section 596 of title 40, United States Code (as added 
     by paragraph (1)).

        TITLE III--RESPONSIBLE MARKETING AND CONSUMER AWARENESS

     SEC. 301. GUIDELINES FOR REDUCTION IN SODIUM CONTENT IN 
                   CERTAIN FOODS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the

[[Page S236]]

     Secretary of Health and Human Services shall promulgate 
     regulations establishing guidelines for the reduction, over a 
     2 year period, in the sodium content of processed food and 
     restaurant food following, as appropriate, the 
     recommendations made by the Institute of Medicine report 
     entitled ``Strategies to Reduce Sodium Intake in the United 
     States''.
       (b) Definitions.--For purposes of this section--
       (1) the term ``processed food'' has the meaning given such 
     term in section 201(gg) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321(gg)); and
       (2) the term ``restaurant food'' means food subject to the 
     requirements of section 403(q)(5)(H) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)(H)).

     SEC. 302. NUTRITION LABELING FOR FOOD PRODUCTS SOLD 
                   PRINCIPALLY FOR USE IN RESTAURANTS OR OTHER 
                   RETAIL FOOD ESTABLISHMENTS.

       Section 403(q)(5) of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 343(q)(5)) is amended by striking clause (G).

     SEC. 303. FRONT-LABEL FOOD GUIDANCE SYSTEMS.

       (a) In General.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services (referred to in this section as the ``Secretary'') 
     shall begin soliciting public comments regarding--
       (1) the use of retail front-label food guidance systems to 
     convey nutrition information to the public using logos, 
     symbols, signs, emblems, insignia, or other graphic 
     representations on the labeling of food intended for human 
     consumption that are intended to provide simple, 
     standardized, and understandable nutrition information to the 
     public in graphic form;
       (2) appropriate nutrition standards by which a retail 
     front-label food guidance system may convey the relative 
     nutritional value of different foods in simple graphic form; 
     and
       (3) whether American consumers would be better served by 
     establishing a single, standardized retail front-label food 
     guidance system regulated by the Food and Drug 
     Administration, or by allowing individual food companies, 
     trade associations, nonprofit organizations, and others to 
     continue to develop their own retail front-label food 
     guidance systems.
       (b) Effect on Nutrition Facts Panel.--In soliciting public 
     comments under subsection (a), the Secretary shall inform the 
     public that any retail front-label food guidance system is 
     intended to supplement, not replace, the Nutrition Facts 
     Panel that appears on food labels pursuant to section 403(q) 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     343(q)).
       (c) Proposed Regulation.--Not later than 12 months 
     following the closure of the public comment solicitation 
     period under subsection (a), the Secretary shall--
       (1) publish a notice in the Federal Register that 
     summarizes the public comments and describes the suggested 
     retail front-label food guidance systems received through 
     such solicitation; and
       (2) publish proposed regulations that--
       (A) establish a single, standardized retail front-label 
     food guidance system; or
       (B) establish the conditions under which individual food 
     companies, trade associations, nonprofit organizations, and 
     other entities may continue to develop their own retail 
     front-label food guidance systems.

     SEC. 304. RULEMAKING AUTHORITY FOR ADVERTISING TO CHILDREN.

       (a) Purpose.--The purpose of this section is to restore the 
     authority of the Federal Trade Commission to issue 
     regulations that restrict the marketing or advertising of 
     foods and beverages to children under the age of 18 years if 
     the Federal Trade Commission determines that there is 
     evidence that consumption of certain foods and beverages is 
     detrimental to the health of children.
       (b) Authority.--Section 18 of the Federal Trade Commission 
     Act (15 U.S.C. 57a) is amended--
       (1) in subsection (a), by striking ``Except as provided in 
     subsection (h), the'' and inserting ``The'';
       (2) by amending subsection (b) to read as follows:
       ``(b) Procedure Applicable.--When prescribing a rule under 
     subsection (a)(1)(B) of this section, the Commission shall 
     proceed in accordance with section 553 of title 5 (without 
     regard to any reference in such section to sections 556 and 
     557 of such title).'';
       (3) by striking subsections (c), (f), (h), (i), and (j);
       (4) by striking subsection (d) and inserting the following:
       ``(c) When any rule under subsection (a)(1)(B) takes effect 
     a subsequent violation thereof shall constitute an unfair or 
     deceptive act or practice in violation of section 5(a)(1) of 
     this Act, unless the Commission otherwise expressly provides 
     in such rule.'';
       (5) by redesignating subsections (e) and (g) as subsections 
     (d) and (e), respectively; and
       (6) in subsection (d), as redesignated--
       (A) in paragraph (1)(B), by striking ``the transcript 
     required by subsection (c)(5),'';
       (B) in paragraph (3), by striking ``error)'' and all that 
     follows through the period at the end and inserting 
     ``error).''; and
       (C) in paragraph (5), by striking subparagraph (C).

     SEC. 305. HEALTH LITERACY: RESEARCH, COORDINATION AND 
                   DISSEMINATION.

       (a) In General.--Part A of title IX of the Public Health 
     Service Act (42 U.S.C. 299 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 904. HEALTH LITERACY: RESEARCH, COORDINATION AND 
                   DISSEMINATION.

       ``(a) Definition.--In this section, the term `health 
     literacy' means a consumer's ability to obtain, process, and 
     understand basic health information and services needed to 
     make appropriate health care decisions and the adaptation of 
     services to enhance a consumer's understanding and navigation 
     of applicable health care services.
       ``(b) Health Literacy Program.--
       ``(1) Establishment.--The Director shall establish within 
     the Agency a program (referred to in this section as the 
     `program') to strengthen health literacy by improving 
     measurement, research, development, and information 
     dissemination.
       ``(2) Duties.--In carrying out the program, the Director 
     shall--
       ``(A) gather health literacy resources from public and 
     private sources and make such resources available to 
     researchers, health care providers, and the general public;
       ``(B) identify and fill research gaps relating to health 
     literacy that have direct applicability to--
       ``(i) prevention;
       ``(ii) self-management of chronic disease;
       ``(iii) quality improvement;
       ``(iv) the barriers to health literacy;
       ``(v) relationships between health literacy and health 
     disparities, particularly with respect to language and 
     cultural competency; and
       ``(vi) the utilization of information on comparative 
     effectiveness of health treatments;
       ``(C) sponsor demonstration and evaluation projects with 
     respect to interventions and tools designed to strengthen 
     health literacy, including projects focused on--
       ``(i) the provision of simplified, patient-centered written 
     materials;
       ``(ii) technology-based communication techniques;
       ``(iii) consumer navigation services; and
       ``(iv) the training of health professional providers;
       ``(D) give preference to health literacy initiatives that--
       ``(i) focus on the particular needs of vulnerable 
     populations such as the elderly, racial and ethnic 
     minorities, children, individuals with limited English 
     proficiency, and individuals with disabilities; and
       ``(ii) partner with institutions in the community such as 
     schools, libraries, senior centers, literacy groups, 
     recreation centers, early childhood education centers, area 
     health education centers, and public assistance programs;
       ``(E) assist appropriate Federal agencies in establishing 
     specific objectives and strategies for carrying out the 
     program, in monitoring the programs of such agencies, and 
     incorporating health literacy into research design, human 
     subjects protections, and informed consent in clinical 
     research;
       ``(F) seek to enter into implementation partnerships with 
     organizations and agencies, including other agencies within 
     the Department of Health and Human Services, such as the 
     Centers for Medicare & Medicaid Services and the Health 
     Resources and Services Administration, the Office of the 
     Surgeon General, the Joint Commission on the Accreditation of 
     Healthcare Organizations, the Office of the National 
     Coordinator for Health Information Technology, and the 
     National Committee for Quality Assurance, to promote the 
     adoption of interventions and tools developed under this 
     section, particularly in the training of health 
     professionals; and
       ``(G) coordinate with other agencies within the Department 
     of Health and Human Services to collect data that monitors 
     national trends in health literacy by including relevant 
     items in surveys such as the Medical Expenditure Panel 
     Survey, the National Health Interview Survey, and the 
     National Hospital Discharge Survey.
       ``(3) Report.--The Agency for Healthcare Research and 
     Quality shall annually submit to Congress a report that 
     includes--
       ``(A) a comprehensive and detailed description of the 
     operations, activities, financial condition, and 
     accomplishments of the Agency in the field of health 
     literacy; and
       ``(B) a description of how plans for the operation of the 
     program for the succeeding fiscal year will facilitate 
     achievement of the goals of the program.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as may be necessary for each of fiscal years 2012 
     through 2016.
       ``(c) State Health Literacy Grants.--
       ``(1) Grants.--The Director of the Agency shall award 
     grants to eligible entities to facilitate State and community 
     efforts to strengthen health literacy.
       ``(2) Use of funds.--An entity receiving a grant under this 
     subsection shall use amounts received under such grant to--
       ``(A) support efforts to monitor and strengthen health 
     literacy within a State or community;
       ``(B) assist public and private efforts in the State or 
     community in coordinating and delivering health literacy 
     services;
       ``(C) encourage partnerships among State and local 
     governments, community organizations, non-profit entities, 
     academic institutions, and businesses to coordinate efforts 
     to strengthen health literacy;

[[Page S237]]

       ``(D) provide technical and policy assistance to State and 
     local governments and service providers; and
       ``(E) monitor and evaluate programs conducted under this 
     grant.
       ``(3) Report.--Not later than September 30 of each fiscal 
     year for which a grant is received by an entity under this 
     section, the entity shall submit to the Director a report 
     that describes the programs supported by the grant and the 
     results of monitoring and evaluation of those programs.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this subsection for each of fiscal years 2012 
     through 2016.''.
       (b) Institute of Medicine Study and Report.--
       (1) Study.--The Secretary of Health and Human Services 
     shall seek to enter into a contract with the Institute of 
     Medicine to conduct a study identifying opportunities within 
     the Department of Health and Human Services to strengthen the 
     health literacy of health care providers and health care 
     consumers in accordance with the Patient Protection and 
     Affordable Care Act (Public law 111-148).
       (2) Report.--A contract entered into under paragraph (1) 
     shall include a provision requiring the Institute of 
     Medicine, not later than 1 year after the date of enactment 
     of this Act, to submit a report concerning the results of the 
     study conducted under paragraph (1) to the Secretary of 
     Health and Human Services and the appropriate committees of 
     Congress.''.

     SEC. 306. DISALLOWANCE OF DEDUCTIONS FOR ADVERTISING AND 
                   MARKETING EXPENSES RELATING TO TOBACCO PRODUCT 
                   USE.

       (a) In General.--Part IX of subchapter B of chapter 1 of 
     subtitle A of the Internal Revenue Code of 1986 (relating to 
     items not deductible) is amended by adding at the end the 
     following new section:

     ``SEC. 280I. DISALLOWANCE OF DEDUCTION FOR ADVERTISING AND 
                   MARKETING EXPENSES RELATING TO TOBACCO PRODUCT 
                   USE.

       ``No deduction shall be allowed under this chapter for 
     expenses relating to advertising or marketing cigars, 
     cigarettes, smokeless tobacco, pipe tobacco, or any other 
     tobacco product. For purposes of this section, any term used 
     in this section which is also used in section 5702 shall have 
     the same meaning given such term by section 5702.''.
       (b) Conforming Amendment.--The table of sections for such 
     part IX is amended by adding after the item relating to 
     section 280H the following new item:

``Sec. 280I. Disallowance of deduction for tobacco advertising and 
              marketing expenses.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 307. INCENTIVES TO REDUCE TOBACCO USE.

       (a) Child Tobacco Use Surveys.--
       (1) Annual performance survey.--
       (A) In general.--Not later than August 31, 2012, and 
     annually thereafter, the Secretary of Health and Human 
     Services (referred to in this section as the ``Secretary'') 
     shall publish the results of an annual tobacco use survey, to 
     be carried out not later than 18 months after the date of 
     enactment of this Act and completed on an annual basis 
     thereafter, to determine--
       (i) the percentage of all young individuals who used 
     tobacco products within the 30-day period prior to the 
     conduct of the survey involved; and
       (ii) the percentage of young individuals who identify each 
     brand of each type of tobacco product as the usual brand used 
     within such 30-day period.
       (B) Young individuals.--For the purposes of this section, 
     the term ``young individuals'' means individuals who are 
     under 18 years of age.
       (2) Size and methodology.--
       (A) In general.--The survey referred to in paragraph (1) 
     may be the National Survey on Drug Use and Health or shall at 
     least be comparable in size and methodology to the NSDUH that 
     was completed in 2009 to measure the use of cigarettes (by 
     brand) by youths under 18 years of age within the 30-day 
     period prior to the conduct of the study.
       (B) Conclusive accurateness.--A survey using the 
     methodology described in subparagraph (A) shall be deemed 
     conclusively proper, correct, and accurate for purposes of 
     this section.
       (C) Definition.--In this section, the term ``National 
     Survey on Drug Use and Health'' or ``NSDUH'' means the annual 
     nationwide survey of randomly selected individuals, aged 12 
     and older, conducted by the Substance Abuse and Mental Health 
     Services Administration.
       (3) Reduction.--The Secretary, based on a comparison of the 
     results of the first annual tobacco product survey referred 
     to in paragraph (1) and the most recent NSDUH referred to in 
     paragraph (2)(A) completed prior to the date of enactment of 
     this Act, shall determine the percentage reduction (if any) 
     in youth tobacco use for each manufacturer of tobacco 
     products.
       (4) Participation in survey.--Notwithstanding any other 
     provision of law, the Secretary may conduct a survey under 
     this subsection involving minors if the results of such 
     survey with respect to such minors are kept confidential and 
     not disclosed.
       (5) Nonapplicability.--Chapter 35 of title 44, United 
     States Code, shall not apply to information required for the 
     purposes of carrying out this section.
       (b) Tobacco Use Reduction Goal and Noncompliance.--
       (1) Goal.--It shall be the tobacco use reduction goal that 
     youth tobacco use be reduced by at least 5 percent or a level 
     determined significantly sufficient by the Secretary between 
     the most recent NSDUH referred to in subsection (a)(2)(A) and 
     the completion of the first annual cigarette survey (and such 
     subsequent surveys as compared to the previous year's survey) 
     referred to in subsection (a)(1).
       (2) Noncompliance.--
       (A) Industry-wide penalty.--If the Secretary determines 
     that the tobacco use reduction goal under paragraph (1) has 
     not been achieved, the Secretary shall, not later than 
     September 10, 2012, and September 10 of each year thereafter, 
     impose an industry-wide penalty on the manufacturers of 
     cigarettes in an amount that is in the aggregate equal to 
     $3,000,000,000.
       (B) Payment.--The industry-wide penalty imposed under this 
     subsection shall be paid by each manufacturer based on the 
     brand share among youth ages 12-17 (as determined by the 
     survey described in subsection (a)(1)) as such percentage 
     relates to the total amount to be paid by all manufacturers.
       (C) Final determination.--The determination of the 
     Secretary as to the amount and allocation of a surcharge 
     under this section shall be final and the manufacturer shall 
     pay such surcharge within 10 days of the date on which the 
     manufacturer is assessed. Such payment shall be retained by 
     the Secretary pending final judicial review of what, if any, 
     change in the surcharge is appropriate.
       (D) Limitation.--With respect to cigarettes, a manufacturer 
     with a market share of 1 percent or less of youth tobacco use 
     shall not be liable for the payment of a surcharge under this 
     paragraph.
       (E) Use of amounts.--Amounts collected under subparagraph 
     (A) shall be deposited into the Prevention and Public Health 
     Fund established under section 4002 of the Patient Protection 
     and Affordable Care Act (42 U.S.C. 300u-11). Such funds shall 
     remain available for transfer through September 30th of the 
     fifth fiscal year following their collection, subject to the 
     terms and conditions of such section 4002.
       (3) Penalties nondeductible.--The payment of penalties 
     under this section shall not be considered to be an ordinary 
     and necessary expense in carrying on a trade or business for 
     purposes of the Internal Revenue Code of 1986 and shall not 
     be deductible.
       (4) Judicial review.--
       (A) After payment.--A manufacturer of cigarettes may seek 
     judicial review of any action under this section only after 
     the assessment involved has been paid by the manufacturer to 
     the Department of the Treasury and only in the United States 
     District Court for the District of Columbia.
       (B) Review by attorney general.--Prior to the filing of an 
     action by a manufacturer seeking judicial review of an action 
     under this section, the manufacturer shall notify the 
     Attorney General of such intent to file and the Attorney 
     General shall have 30 days in which to respond to the action.
       (C) Review.--The amount of any surcharge paid under this 
     section shall be subject to judicial review by the United 
     States Court of Appeals for the District of Columbia Circuit, 
     based on the arbitrary and capricious standard of section 706 
     of title 5, United States Code. Notwithstanding any other 
     provision of law, no court shall have the authority to stay 
     any surcharge payment due to the Secretary under this section 
     pending judicial review until the Secretary has made or 
     failed to make a compliance determination, as described under 
     this section, that has adversely affected the person seeking 
     the review.
       (c) Enforcement.--
       (1) Initial penalty.--There is hereby imposed an initial 
     penalty on the failure of any manufacturer to make any 
     payment required under this section not later than a period 
     determined sufficient by the Secretary after the date on 
     which such payment is due.
       (2) Amount of penalty.--The amount of the penalty imposed 
     by paragraph (1) on any failure with respect to a 
     manufacturer shall be an amount equal to 2 percent of the 
     penalty owed under subsection (b) for each day during the 
     noncompliance period.
       (3) Noncompliance period.--For purposes of this subsection, 
     the term ``noncompliance period'' means, with respect to any 
     failure to make the surcharge payment required under this 
     section, the period--
       (A) beginning on the due date for such payment; and
       (B) ending on the date on which such payment is paid in 
     fall.
       (4) Limitations.--No penalty shall be imposed by paragraph 
     (1) on--
       (A) any failure to make a surcharge payment under this 
     section during any period for which it is established to the 
     satisfaction of the Secretary that none of the persons 
     responsible for such failure knew or, exercising reasonable 
     diligence, would have known, that such failure existed; or
       (B) any manufacturer that produces less than 1 percent of 
     cigarettes used by youth in that year (as determined by the 
     annual survey).

[[Page S238]]

           TITLE IV--EXPANDED COVERAGE OF PREVENTIVE SERVICES

     SEC. 401. REQUIRED COVERAGE OF PREVENTIVE SERVICES UNDER THE 
                   MEDICAID PROGRAM.

       (a) Mandatory Coverage.--Section 1905 of the Social 
     Security Act (42 U.S.C. 1396d), as amended by section 
     4107(a)(1) of the Patient Protection and Affordable Care Act 
     (Public Law 111-148), is amended--
       (1) in subsection (a)(4)--
       (A) by striking ``and'' before ``(D)''; and
       (B) by inserting before the semicolon at the end the 
     following new subparagraph: ``; and (E) preventive services 
     described in subsection (ee);'' and
       (2) by adding at the end the following new subsection:
       ``(ee) Preventive Services.--For purposes of subsection 
     (a)(4)(E), the preventives services described in this 
     subsection are diagnostic, screening, preventive, and 
     rehabilitative services not otherwise described in subsection 
     (a) or (r) that the Secretary determines are appropriate for 
     individuals entitled to medical assistance under this title, 
     including--
       ``(1) evidence-based services that are assigned a grade of 
     A or B by the United States Preventive Services Task Force; 
     and
       ``(2) with respect to an adult individual, approved 
     vaccines recommended for routine use by the Advisory 
     Committee on Immunization Practices of the Centers for 
     Disease Control and Prevention.''.
       (b) Elimination of Cost-sharing.--
       (1) Subsections (a)(2)(D) and (b)(2)(D) of section 1916 of 
     the Social Security Act (42 U.S.C. 1396o) are each amended by 
     inserting ``preventive services described in section 
     1905(ee),'' after ``emergency services (as defined by the 
     Secretary),''.
       (2) Section 1916A(a)(1) of such Act (42 U.S.C. 1396o-
     1(a)(1)) is amended by inserting ``, preventive services 
     described in section 1905(ee),'' after ``subsection (c)''.
       (c) Conforming Amendment.--Effective as if included in the 
     enactment of the Patient Protection and Affordable Care Act 
     (Public Law 111-148), the provisions of, and amendments made 
     by, section 4106 of such Act are repealed.
       (d) Interval Period for Inclusion of New Recommendations in 
     State Plans.--With respect to a recommendation issued on or 
     after the date of enactment of this Act by an organization 
     described in subsection (ee) of section 1905 of the Social 
     Security Act for a preventive service included under such 
     subsection, the Secretary of Health and Human Services shall 
     establish a minimum interval period, which shall be not less 
     than 12 months, between the date on which the recommendation 
     is issued and the plan year for which a State plan for 
     medical assistance under title XIX of the Social Security Act 
     shall be required to include such preventive service.
       (e) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by subsections (a) and (b) take effect on the 
     date of enactment of this Act.
       (2) Extension of effective date for state law amendment.--
     In the case of a State plan under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.) which the Secretary of 
     Health and Human Services determines requires State 
     legislation or State regulation in order for the plan to meet 
     the additional requirements imposed by the amendments made by 
     subsections (a) and (b), the State plan shall not be regarded 
     as failing to comply with the requirements of such title 
     solely on the basis of its failure to meet these additional 
     requirements before the first day of the first calendar 
     quarter beginning after the close of the first regular 
     session of the State legislature that begins after the date 
     of enactment of this Act. For purposes of the previous 
     sentence, in the case of a State that has a 2-year 
     legislative session, each year of the session is considered 
     to be a separate regular session of the State legislature.

     SEC. 402. COVERAGE FOR COMPREHENSIVE WORKPLACE WELLNESS 
                   PROGRAM AND PREVENTIVE SERVICES.

       Section 8904(a) of title 5, United States Code, is 
     amended--
       (1) in paragraph (1), by adding at the end the following:
       ``(G) Comprehensive workplace wellness program benefits 
     that meet the requirements of section 10408 of the Patient 
     Protection and Affordable Care Act (Public Law 111-148).
       ``(H) Preventive services benefits deemed an `A' or `B' 
     service by the United States Preventive Services Taskforce.
       ``(I) Immunizations that have in effect a recommendation 
     from the Advisory Committee on Immunization Practices of the 
     Centers for Disease Control and Prevention with respect to 
     the individuals involved.
       ``(J) With respect to infants, children, and adolescents, 
     evidence-informed preventive care and screenings provided for 
     in the comprehensive guidelines supported by the Health 
     Resources and Services Administration of the Department of 
     Health and Human Services.''; and
       (2) in paragraph (2), by adding at the end the following:
       ``(G) Comprehensive workplace wellness program benefits 
     that meet the requirements of section 10408 of the Patient 
     Protection and Affordable Care Act (Public Law 111-148).
       ``(H) Preventive services benefits deemed an `A' or `B' 
     service by the United States Preventive Services Taskforce.
       ``(I) Immunizations that have in effect a recommendation 
     from the Advisory Committee on Immunization Practices of the 
     Centers for Disease Control and Prevention with respect to 
     the individuals involved.
       ``(J) With respect to infants, children, and adolescents, 
     evidence-informed preventive care and screenings provided for 
     in the comprehensive guidelines supported by the Health 
     Resources and Services Administration of the Department of 
     Health and Human Services.''.

     SEC. 403. HEALTH PROFESSIONAL EDUCATION AND TRAINING IN 
                   HEALTHY EATING.

       Part Q of title III of the Public Health Service Act (42 
     U.S.C. 280h et seq.) is amended by striking section 399Z and 
     inserting the following:

     ``SEC. 399Z. HEALTH PROFESSIONAL EDUCATION AND TRAINING IN 
                   HEALTHY EATING.

       ``(a) In General.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     in collaboration with the Administrator of the Health 
     Resources and Services Administration and the heads of other 
     agencies, and in consultation with appropriate health 
     professional associations, shall develop and carry out a 
     program to educate and train health professionals in 
     effective strategies to--
       ``(1) better identify patients at-risk of becoming 
     overweight or obese or developing an eating disorder;
       ``(2) detect overweight or obesity or eating disorders 
     among a diverse patient population;
       ``(3) counsel, refer, or treat patients with overweight or 
     obesity or an eating disorder;
       ``(4) educate patients and the families of patients about 
     effective strategies to establish healthy eating habits and 
     appropriate levels of physical activity; and
       ``(5) assist in the creation and administration of 
     community-based overweight and obesity and eating disorder 
     prevention efforts.
       ``(b) Eating Disorder.--In this section, the term `eating 
     disorder' includes anorexia nervosa, bulimia nervosa, binge 
     eating disorder, and eating disorders not otherwise 
     specified, as defined in the fourth edition of the Diagnostic 
     and Statistical Manual of Mental Disorders or any subsequent 
     edition.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary for each of the fiscal years 2012 
     through 2016.''.

                           TITLE V--RESEARCH

     SEC. 501. GRANTS FOR BODY MASS INDEX DATA ANALYSIS.

       (a) Establishment.--The Secretary of Health and Human 
     Services may make grants to not more than 20 eligible 
     entities to analyze body mass index (hereinafter in this 
     section referred to as ``BMI'') measurements of children, 
     ages 2 through 18.
       (b) Eligibility.--An eligible entity for purposes of this 
     section is a State (including the District of Columbia, the 
     Commonwealth of Puerto Rico, and each territory of the United 
     States) that has a statewide immunization information system 
     that--
       (1) has the capacity to store basic demographic information 
     (including date of birth, gender, and geographic area of 
     residence), height, weight, and immunization data for each 
     resident of the State;
       (2) is accessible to doctors, nurses, other licensed 
     medical professionals, and officials of the relevant 
     department in the State charged with maintaining health and 
     immunization records; and
       (3) has the capacity to integrate large amounts of data for 
     the analysis of BMI measurements.
       (c) Use of Funds.--A State that receives a grant under this 
     section shall use the grant for the following purposes:
       (1) Analyzing the effectiveness of obesity prevention 
     programs and wellness policies carried out in the State.
       (2) Purchasing new computers, computer equipment, and 
     software to upgrade computers to be used for a statewide 
     immunization information system.
       (3) The hiring and employment of personnel to maintain and 
     analyze BMI data.
       (4) The development and implementation of training programs 
     for medical professionals to aid such professionals in taking 
     BMI measurements and discussing such measurements with 
     patients.
       (5) Providing information to parents and legal guardians in 
     accordance with subsection (e)(2).
       (d) Selection Criteria.--In selecting recipients of grants 
     under this section, the Secretary shall give priority to 
     States in which a high percentage of public and private 
     health care providers submit data to a statewide immunization 
     information system that--
       (1) contains immunization data for not less than 20 percent 
     of the population of such State that is under the age of 18; 
     and
       (2) includes data collected from men and women who are of a 
     wide variety of ages and who reside in a wide variety of 
     geographic areas in a State (as determined by the Secretary).
       (e) Conditions.--As a condition of receiving a grant under 
     this section, a State shall--
       (1) ensure that BMI measurements will be recorded for 
     children ages 2 through 18--
       (A) on an annual basis by a licensed physician, nurse, 
     nurse practitioner, or physicians assistant during an annual 
     physical examination, wellness visit, or similar visit with a 
     physician; and
       (B) in accordance with data collection protocols published 
     by the American Academy

[[Page S239]]

     of Pediatrics in the 2007 Expert Committee Recommendations; 
     and
       (2) for each child in the State for whom such measurements 
     indicate a BMI greater than the 95th percentile for such 
     child's age and gender, provide to the parents or legal 
     guardians of such child information on how to lower BMI and 
     information on State and local obesity prevention programs.
       (f) Reports.--
       (1) Reports to the secretary.--Not later than 5 years after 
     the receipt of a grant under this section, the State 
     receiving such grant shall submit to the Secretary the 
     following reports:
       (A) A report containing an analysis of BMI data collected 
     using the grant, including--
       (i) the differences in obesity trends by gender, 
     disability, geographic area (as determined by the State), and 
     socioeconomic status within such State; and
       (ii) the demographic groups and geographic areas most 
     affected by obesity within such State.
       (B) A report containing an analysis of the effectiveness of 
     obesity prevention programs and State wellness policies, 
     including--
       (i) an analysis of the success of such programs and 
     policies prior to the receipt of the grant; and
       (ii) a discussion of the means to determine the most 
     effective strategies to combat obesity in the geographic 
     areas identified under subparagraph (A).
       (2) Report to congress and certain executive agencies.--Not 
     later than 1 year after the Secretary receives all the 
     reports required pursuant to paragraph (1), the Secretary 
     shall submit to the Secretary of Education, the Secretary of 
     Agriculture, and to Congress a report that contains the 
     following:
       (A) An analysis of trends in childhood obesity, including 
     how such trends vary across regions of the United States, and 
     how such trends vary by gender and socioeconomic status.
       (B) A description of any programs that--
       (i) the Secretary has determined significantly lower 
     childhood obesity rates for certain geographic areas in the 
     United States, including urban, rural, and suburban areas; 
     and
       (ii) the Secretary recommends to be implemented by the 
     States (including States that did not receive a grant under 
     this section).
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary to carry out this section for each of fiscal years 
     2012 through 2016.

     SEC. 502. NATIONAL ASSESSMENT OF MENTAL HEALTH NEEDS.

       Title V of the Public Health Service Act (42 U.S.C. 290aa 
     et seq.) is amended by inserting after section 506B (42 
     U.S.C. 290aa-5b) the following:

     ``SEC. 506C. NATIONAL ASSESSMENT OF MENTAL HEALTH NEEDS.

       ``(a) In General.--The Secretary, acting through the 
     Administrator, and in consultation with the Centers for 
     Disease Control and Prevention and the Director of the 
     National Institutes of Health, shall establish and implement 
     public health monitoring measures to address the mental and 
     behavioral health status of the population of the United 
     States and other populations served by the Administration, 
     that include--
       ``(1) monitoring the mental health status of the 
     population, including the incidence and prevalence of mental 
     and behavioral health conditions across the lifespan;
       ``(2) monitoring access to appropriate diagnostic and 
     treatment services for mental and behavioral health 
     conditions, including trends in unmet need for services;
       ``(3) monitoring mental and behavioral health conditions as 
     risk factors for obesity and chronic diseases to the extent 
     practicable;
       ``(4) enhancing existing public health monitoring systems 
     by including measures assessing mental and behavioral health 
     status and associated risk factors; and
       ``(5) to the extent practicable, monitoring the immediate 
     and long-term impact of disasters or catastrophic events, 
     whether natural or man-made on the mental and behavioral 
     health of affected populations.
       ``(b) Distinguishing Among Age Groups.--In designing and 
     implementing the measures described in subsection (a) the 
     Secretary shall ensure that data collection and reporting 
     standards stratify data by age groups, in particular, to the 
     extent practicable, children under the age of 5 years.
       ``(c) Report.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall submit a 
     report to Congress that describes the progress on the 
     implementation of the monitoring measures described in 
     subsection (a).
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary to carry out this section for each of fiscal 
     years 2012 through 2016.''.
                                 ______
                                 
      By Mr. HARKIN (for himself, Mr. Johnson of South Dakota, Ms. 
        Klobuchar, and Mr. Franken):
  S. 187. A bill to provide for the expansion of the biofuels market; 
to the Committee on Energy and Natural Resources.
  Mr. HARKIN. Mr. President, I rise today to discuss the great 
importance of expanding the production and availability of biofuels, 
and the significant impact that biofuels continue to have on reducing 
our overall consumption of petroleum in the United States.
  Our national energy situation continues to deteriorate. Because we 
import 60 percent of the petroleum we consume, our economy faces a 
constant threat from volatile petroleum prices as well as significant 
amounts of American wealth being transferred to foreign producers. 
Because more than two-thirds of our petroleum supply is consumed by our 
transportation sector, we can improve this situation by expanding the 
production and use of alternatives to petroleum-derived fuels. Domestic 
biofuels have been by far our most successful alternative. Biofuels 
already displace close to 10 percent of our gasoline supplies, and they 
have the potential to make significantly larger contributions in the 
years ahead. Expanding domestic biofuels production and use also will 
support economic recovery by creating jobs in the areas of feedstock 
production and delivery, fuels processing in bio refineries, and 
biofuels marketing.
  The American people understand the need to reduce our dependence on 
foreign petroleum supplies. Congress has expressed broad agreement on 
two fundamental approaches--increasing efficiency of vehicles and 
increasing use of alternative fuels. We mandated more efficient 
vehicles by passing the Energy Independence and Security Act of 2007, 
EISA. That bill mandates a brisk expansion of biofuels production under 
the Renewable Fuels Standard. However, biofuels currently are facing 
critical market barriers. The most common form of biofuel, ethanol, can 
only be used as a 10 percent blend with gasoline in most highway 
vehicles. To enable much larger production and use levels, we need to 
expand the number of flex-fuel vehicles that can use higher blends, and 
we need to expand the number of filling stations selling those higher 
blends. We also need to enable safer and more economical transport of 
higher volumes by supporting development of biofuel pipelines.
  To these ends, I am proud today to introduce the Biofuels Market 
Expansion Act of 2011. This measure would require that at least 90 
percent of new auto sales in the United States be flex fuel vehicles by 
2016. It would also require major fuel distributers, those owning or 
branding more than 50 gasoline filling stations, to install increasing 
numbers of blender pumps at their retail filling stations, and it would 
authorize funding to support blender pump installations by smaller 
filling station operators. Finally, this measure would authorize 
guarantees for loans covering 80 percent of renewable fuel pipeline 
project costs.
  The requirements and assistance authorized in this bill will ensure 
that the number of flex-fuel automobiles and the availability of 
alternative fuels are expanding in tandem with the production and use 
of biofuels in our national fuel supply over the next 8 years and 
beyond. This is a job-creating bill that reduces American dependence on 
foreign petroleum by giving Americans the option of choosing clean, 
domestically-produced fuels for their personal transportation needs in 
the future. These steps represent critical components in the transition 
of our energy systems away from fossil and imported fuels toward the 
benefits of greater reliance on sustainable domestic fuel sources.
  Today, I urge my Senate colleagues to join us in taking action to 
boost the transition to a cleaner, more resilient, and more secure 
energy economy. I urge Senators' support for this bill and its rapid 
enactment.
  Mr. President, I ask unanimous consent that 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. 187

       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 ``Biofuels Market Expansion 
     Act of 2011''.

     SEC. 2. ENSURING THE AVAILABILITY OF DUAL FUELED AUTOMOBILES 
                   AND LIGHT DUTY TRUCKS.

       (a) In General.--Chapter 329 of title 49, United States 
     Code, is amended by inserting after section 32902 the 
     following:

     ``Sec. 32902A. Requirement to manufacture dual fueled 
       automobiles and light duty trucks

       ``(a) In General.--For each model year listed in the 
     following table, each manufacturer shall ensure that the 
     percentage of

[[Page S240]]

     automobiles and light duty trucks manufactured by the 
     manufacturer for sale in the United States that are dual 
     fueled automobiles and light duty trucks is not less than the 
     percentage set forth for that model year in the following 
     table:

------------------------------------------------------------------------
                        ``Model Year                          Percentage
------------------------------------------------------------------------
Model years 2014 and 2015..................................           50
Model year 2016 and each subsequent model year.............           90
------------------------------------------------------------------------

       ``(b) Exception.--Subsection (a) shall not apply to 
     automobiles or light duty trucks that operate only on 
     electricity.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     329 of title 49, United States Code, is amended by inserting 
     after the item relating to section 32902 the following:

``32902A. Requirement to manufacture dual fueled automobiles and light 
              duty trucks.''.

       (c) Rulemaking.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall prescribe regulations to carry out the amendments made 
     by this Act.

     SEC. 3. BLENDER PUMP PROMOTION.

       (a) Blender Pump Grant Program.--
       (1) Definitions.--In this subsection:
       (A) Blender pump.--The term ``blender pump'' means an 
     automotive fuel dispensing pump capable of dispensing at 
     least 3 different blends of gasoline and ethanol, as selected 
     by the pump operator, including blends ranging from 0 percent 
     ethanol to 85 percent denatured ethanol, as determined by the 
     Secretary.
       (B) E-85 fuel.--The term ``E-85 fuel'' means a blend of 
     gasoline approximately 85 percent of the content of which is 
     ethanol.
       (C) Ethanol fuel blend.--The term ``ethanol fuel blend'' 
     means a blend of gasoline and ethanol, with a minimum of 0 
     percent and maximum of 85 percent of the content of which is 
     denatured ethanol.
       (D) Major fuel distributor.--
       (i) In general.--The term ``major fuel distributor'' means 
     any person that owns a refinery or directly markets the 
     output of a refinery.
       (ii) Exclusion.--The term ``major fuel distributor'' does 
     not include any person that directly markets through less 
     than 50 retail fueling stations.
       (E) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (2) Grants.--The Secretary shall make grants under this 
     subsection to eligible facilities (as determined by the 
     Secretary) to pay the Federal share of--
       (A) installing blender pump fuel infrastructure, including 
     infrastructure necessary for the direct retail sale of 
     ethanol fuel blends (including E-85 fuel), including blender 
     pumps and storage tanks; and
       (B) providing subgrants to direct retailers of ethanol fuel 
     blends (including E-85 fuel) for the purpose of installing 
     fuel infrastructure for the direct retail sale of ethanol 
     fuel blends (including E-85 fuel), including blender pumps 
     and storage tanks.
       (3) Limitation.--A major fuel distributor shall not be 
     eligible for a grant or subgrant under this subsection.
       (4) Federal share.--The Federal share of the cost of a 
     project carried out under this subsection shall be up to 50 
     percent of the total cost of the project.
       (5) Reversion.--If an eligible facility or retailer that 
     receives a grant or subgrant under this subsection does not 
     offer ethanol fuel blends for sale for at least 2 years 
     during the 4-year period beginning on the date of 
     installation of the blender pump, the eligible facility or 
     retailer shall be required to repay to the Secretary an 
     amount determined to be appropriate by the Secretary, but not 
     more than the amount of the grant provided to the eligible 
     facility or retailer under this subsection.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this 
     subsection, to remain available until expended--
       (A) $50,000,000 for fiscal year 2012;
       (B) $100,000,000 for fiscal year 2013;
       (C) $200,000,000 for fiscal year 2014;
       (D) $300,000,000 for fiscal year 2015; and
       (E) $350,000,000 for fiscal year 2016.
       (b) Installation of Blender Pumps by Major Fuel 
     Distributors at Owned Stations and Branded Stations.--Section 
     211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by 
     adding at the end the following:
       ``(13) Installation of blender pumps by major fuel 
     distributors at owned stations and branded stations.--
       ``(A) Definitions.--In this paragraph:
       ``(i) E-85 fuel.--The term `E-85 fuel' means a blend of 
     gasoline approximately 85 percent of the content of which is 
     ethanol.
       ``(ii) Ethanol fuel blend.--The term `ethanol fuel blend' 
     means a blend of gasoline and ethanol, with a minimum of 0 
     percent and maximum of 85 percent of the content of which is 
     denatured ethanol.
       ``(iii) Major fuel distributor.--

       ``(I) In general.--The term `major fuel distributor' means 
     any person that owns a refinery or directly markets the 
     output of a refinery.
       ``(II) Exclusion.--The term `major fuel distributor' does 
     not include any person that directly markets through less 
     than 50 retail fueling stations.

       ``(iv) Secretary.--The term `Secretary' means the Secretary 
     of Energy, acting in consultation with the Administrator of 
     the Environmental Protection Agency and the Secretary of 
     Agriculture.
       ``(B) Regulations.--The Secretary shall promulgate 
     regulations to ensure that each major fuel distributor that 
     sells or introduces gasoline into commerce in the United 
     States through majority-owned stations or branded stations 
     installs or otherwise makes available 1 or more blender pumps 
     that dispense E-85 fuel and ethanol fuel blends (including 
     any other equipment necessary, such as tanks, to ensure that 
     the pumps function properly) for a period of not less than 5 
     years at not less than the applicable percentage of the 
     majority-owned stations and the branded stations of the major 
     fuel distributor specified in subparagraph (C).
       ``(C) Applicable percentage.--For the purpose of 
     subparagraph (B), the applicable percentage of the majority-
     owned stations and the branded stations shall be determined 
     in accordance with the following table:

``Applicable percentage of majority-owned stations and branded statio  
Calendar year:                                                 Percent:
2014.................................................................10
2016.................................................................20
2018.................................................................35
2020 and each calendar year thereafter..............................50.

       ``(D) Geographic distribution.--
       ``(i) In general.--Subject to clause (ii), in promulgating 
     regulations under subparagraph (B), the Secretary shall 
     ensure that each major fuel distributor described in that 
     subparagraph installs or otherwise makes available 1 or more 
     blender pumps that dispense E-85 fuel and ethanol fuel blends 
     at not less than a minimum percentage (specified in the 
     regulations) of the majority-owned stations and the branded 
     stations of the major fuel distributors in each State.
       ``(ii) Requirement.--In specifying the minimum percentage 
     under clause (i), the Secretary shall ensure that each major 
     fuel distributor installs or otherwise makes available 1 or 
     more blender pumps described in that clause in each State in 
     which the major fuel distributor operates.
       ``(E) Financial responsibility.--In promulgating 
     regulations under subparagraph (B), the Secretary shall 
     ensure that each major fuel distributor described in that 
     subparagraph assumes full financial responsibility for the 
     costs of installing or otherwise making available the blender 
     pumps described in that subparagraph and any other equipment 
     necessary (including tanks) to ensure that the pumps function 
     properly.
       ``(F) Production credits for exceeding blender pumps 
     installation requirement.--
       ``(i) Earning and period for applying credits.--If the 
     percentage of the majority-owned stations and the branded 
     stations of a major fuel distributor at which the major fuel 
     distributor installs blender pumps in a particular calendar 
     year exceeds the percentage required under subparagraph (C), 
     the major fuel distributor shall earn credits under this 
     paragraph, which may be applied to any of the 3 consecutive 
     calendar years immediately after the calendar year for which 
     the credits are earned.
       ``(ii) Trading credits.--Subject to clause (iii), a major 
     fuel distributor that has earned credits under clause (i) may 
     sell the credits to another major fuel distributor to enable 
     the purchaser to meet the requirement under subparagraph (C).
       ``(iii) Exception.--A major fuel distributor may not use 
     credits purchased under clause (ii) to fulfill the geographic 
     distribution requirement in subparagraph (D).''.

     SEC. 4. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT RENEWABLE 
                   FUEL PIPELINES.

       (a) Definitions.--Section 1701 of the Energy Policy Act of 
     2005 (42 U.S.C. 16511) is amended by adding at the end the 
     following:
       ``(6) Renewable fuel.--The term `renewable fuel' has the 
     meaning given the term in section 211(o)(1) of the Clean Air 
     Act (42 U.S.C. 7545(o)(1)), except that the term includes all 
     types of ethanol and biodiesel.
       ``(7) Renewable fuel pipeline.--The term `renewable fuel 
     pipeline' means a pipeline for transporting renewable 
     fuel.''.
       (b) Amount.--Section 1702(c) of the Energy Policy Act of 
     2005 (42 U.S.C. 16512(c)) is amended--
       (1) by striking ``(c) Amount.--Unless'' and inserting the 
     following:
       ``(c) Amount.--
       ``(1) In general.--Unless''; and
       (2) by adding at the end the following:
       ``(2) Renewable fuel pipelines.--A guarantee for a project 
     described in section 1703(b)(11) shall be in an amount equal 
     to 80 percent of the project cost of the facility that is the 
     subject of the guarantee, as estimated at the time at which 
     the guarantee is issued.''.
       (c) Renewable Fuel Pipeline Eligibility.--Section 1703(b) 
     of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is 
     amended by adding at the end the following:
       ``(11) Renewable fuel pipelines.''.
       (d) Rapid Deployment of Renewable Fuel Pipelines.--Section 
     1705 of the Energy Policy Act of 2005 (42 U.S.C. 16516) is 
     amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by inserting ``, 
     or, in the case of projects described in paragraph (4), 
     September 30, 2012'' before the colon at the end; and

[[Page S241]]

       (B) by adding at the end the following:
       ``(4) Installation of sufficient infrastructure to allow 
     for the cost-effective deployment of clean energy 
     technologies appropriate to each region of the United States, 
     including the deployment of renewable fuel pipelines through 
     loan guarantees in an amount equal to 80 percent of the 
     cost.''; and
       (2) in subsection (e), by inserting ``, or, in the case of 
     projects described in subsection (a)(4), September 30, 2012'' 
     before the period at the end.
       (e) Regulations.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Energy shall 
     promulgate such regulations as are necessary to carry out the 
     amendments made by this section.

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