[Congressional Record Volume 157, Number 11 (Wednesday, January 26, 2011)]
[Senate]
[Pages S273-S290]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. McCAIN (for himself and Mr. Kyl):
S. 188. A bill to designate the United States courthouse under
construction at 98 West First Street, Yuma, Arizona, as the ``John M.
Roll United States Courthouse''; to the Committee on Environment and
Public Works.
Mr. McCAIN. Mr. President, I wish to introduce legislation to name
the United States courthouse in Yuma, AZ, the John M. Roll United
States Courthouse. Is that legislation at the desk?
The ACTING PRESIDENT pro tempore. The bill will be received.
Mr. McCAIN. Madam President, I am pleased to introduce legislation,
along with Senator Kyl, that would designate the soon-to-be-constructed
Federal courthouse in Yuma, AZ, to be named in honor of Chief Judge
John Roll, who died tragically during the senseless act of violence
against Congresswoman Giffords and other Arizonans in Tucson earlier
this month. I had the distinct privilege of knowing and working with
Chief Judge Roll for many years. In fact, it was my honor to recommend
him to President George Herbert Walker Bush for nomination to the
Federal bench in 1991. He served with distinction. Most recently, Judge
Roll became known by so many in the State of Arizona, the Judicial
Conference, and many in Congress as a tireless advocate for the
plaintiffs, defendants, and judges in Arizona by working to secure
additional funding and resources to assist the court in its heavy
caseload.
The morning of the shooting, Judge Roll was in line to speak to
Congresswoman Giffords, who was also a friend, about his efforts to
have the Ninth Circuit declared a judicial emergency in the District of
Arizona. He died doing what he did each and every day: working to
guarantee the Federal courts in our State were capable of handling the
growing caseload, while ensuring swift justice for all.
Judge Roll exemplified the qualities all Presidents should seek in
candidates for the Federal bench: intelligence, humility, integrity,
and fidelity to the law. He embodied all these qualities and many more.
Additionally, he was known as a kind neighbor, a dedicated father and
husband, and a loyal friend. He will now be known also as a hero.
The Arizona Daily Star reported on January 20, 2011:
Surveillance footage of the January 8 shooting campaign in
Tucson showed that Judge Roll used his body as a shield to
cover the wounded Ron Barber. Roll then took a bullet to the
back and lost his life in the process.
``The judge is a hero,'' Pima County sheriff's Bureau Chief
Rick Kastigar said.
The article states that the suspected gunman:
. . . shot Barber, Giffords' district director. Almost
simultaneously, Roll moved Barber toward the ground and both
crawled beneath
[[Page S274]]
a table, Kastigar said. Roll then got on top of Barber.
``Judge Roll is responsible for directing Mr. Barber out of
the line of fire and helped save his life,'' Kastigar said.
Barber told the Arizona Daily Star:
That just gives me more admiration for the judge than I
ever had. . . . John Roll was a dear, dear man.
Barber and Judge Roll had been friends for many years, dating back to
their days as college students at the University of Arizona. Most
recently, they worked together with the Arizona congressional
delegation to secure funding for a new Federal courthouse in Yuma, AZ,
to alleviate the congestion at the Tucson Federal courthouse. In fact,
Judge Roll had just reviewed the architectural drawings of the new
courthouse weeks before his death and told my office he was very
pleased with the design.
It is the hope of myself and Senator Kyl and every Member of the
Arizona delegation that the architectural designs will soon include the
name of Chief Judge John Roll prominently on the building. This
esteemed jurist, friend, and hero deserves this honor and much more.
Our State has lost a good man, a true and able advocate for justice for
all, and a great Arizonan. For this reason, I ask my fellow Senators to
join me in passing this legislation to allow the new Yuma Federal
courthouse to be proudly known as the John M. Roll United States
Courthouse.
Mr. KYL. Mr. President, my State has lost an outstanding jurist, a
true and able public servant, and a great Arizonan in Judge John M.
Roll. In his honor, my Arizona colleague, Senator McCain, and I propose
naming the soon-to-be constructed Yuma Federal courthouse the ``Judge
John M. Roll United States Courthouse.''
Judge John Roll was the top proponent for the addition of a new
courthouse in Yuma, which is intended to help deal with the vast number
of Federal cases in the underserved Yuma sector. He was involved in
nearly every aspect of its approval, working tirelessly to overcome the
many obstacles that arose during the process and spending countless
hours poring over designs and meeting with architects and contractors.
Without Judge Roll's energy and enthusiasm the project may not have
been accomplished.
We name special places after special people not just to thank them,
although we do, but to honor the qualities that make them exceptional
and distinct.
I had the privilege and honor of working with Judge John Roll for
many years. He was known for his fairness to all who appeared in his
courtroom, both plaintiffs and defendants. As chief judge, he was a
vigorous advocate, working to guarantee the Federal courts in Arizona
were capable of handing their extraordinary caseload. In fact, he died
protecting the life of a member of Representative Gifford's staff with
whom he had just been discussing the need to designate the need for
more judges as a judicial emergency.
We are eternally grateful for his many years of public service. I
believe naming the courthouse in his honor befits the rich legacy he
leaves behind.
I urge my colleagues to support this legislation in honor of my
friend Judge John Roll.
______
By Mr. LEAHY:
S. 193. A bill to extend the sunset of certain provisions of the USA
PATRIOT Act, and for other purposes; to the Committee on the Judiciary.
Mr. LEAHY. Mr. President, Congress now faces a deadline to take
action on the expiring provisions of the USA PATRIOT Act. The bill I
introduce today, the USA PATRIOT Act Sunset Extension Act of 2011, will
preserve law enforcement techniques that are set to expire on February
28, 2011, and extend them to December 2013. This bill will also promote
transparency and expand privacy and civil liberties safeguards in
current law. It increases judicial oversight of government surveillance
powers that capture information on Americans. This is a package of
reforms that all Americans should support. In fact, a bipartisan group
of Senators on the Judiciary Committee voted in favor of it in the last
Congress.
In the 111th Congress, the Judiciary Committee reported virtually
identical legislation, S. 1692, with bipartisan support, including the
votes of Senators Kyl and Cornyn. Subsequent negotiations produced a
package that was endorsed by the Attorney General and the Director of
National Intelligence. Because Congress did not act on that negotiated
package of reforms, but instead passed an extension of the expiring
authorities until February 28, 2011, I took steps to see that key
portions of the package were implemented administratively by the
Department of Justice.
Even with this progress, enacting the USA PATRIOT Act Sunset
Extension Act of 2011 remains imperative for several reasons. First,
surveillance authorities are set to expire in a matter of weeks. We
should not play politics with national security by delaying debate over
these issues until the 11th hour. I am prepared to extend the sunsets
on the three expiring provisions to December 2013, the same sunset date
I included in S.1692RS, the bill I introduced in the 111th Congress.
Earlier this month, a bill was introduced in the House of
Representatives to extend the expiring provisions only until February
2012, an expiration date chosen deliberately to try to force a debate
over national security in an election year. My bill sets a longer
sunset period, which law enforcement strongly favors.
Second, the Senate should pass the USA PATRIOT Act Sunset Extension
Act of 2011 to codify the steps forward that the Attorney General has
taken by implementing parts of the bill administratively. The reforms
adopted by this Attorney General could be undone by a future Attorney
General with the stroke of a pen. We must ensure that the progress in
accountability and transparency that we achieved last year is not lost
simply because it was never written into the statute.
Third, we must enact the parts of the bill that the Attorney General
did not or could not adopt because they require a change in the
statute. Chief among these is adding a new sunset on National Security
Letters. Second is repealing the presumption in favor of the government
that a judge must honor when he or she reviews an application for a
section 215 order for business records. The government does not need
this presumption. In fact, the Attorney General endorsed the repeal of
the presumption when he expressed his support for the bill in the prior
Congress.
When this bill was considered by the Judiciary Committee in the 111th
Congress, it received a bipartisan vote. Members of the committee
agreed to continue discussions over a handful of provisions to ensure
that the final language promoted transparency, protected civil
liberties, and aided law enforcement. I appreciate the votes of
Senators Kyl and Cornyn in favor of the reported bill. In the weeks
following the 2009 markup, this bipartisan group of Senators worked
closely with me and Senator Feinstein to reach an agreement on language
that each Senator supported, and that the Department of Justice
endorsed. In a letter dated November 9, 2009, the Attorney General
strongly endorsed the bill and stated unequivocally that the bill did
not pose any operational concerns. That support was reaffirmed in a
letter from the Attorney General and the Director of National
Intelligence to Senate and House leadership on February 19, 2010.
The bill I introduce today is virtually identical to the product of
those negotiations. It includes only two noncontroversial updates.
First, the new bill updates the deadlines by which the Department of
Justice must issue public reports. This modification simply reflects
the fact that more than 1 year has passed since the original dates were
written into the bill. Second, the section of the bill that previously
required the Department of Justice to establish minimization procedures
for National Security Letters is redrafted to reflect that fact that
the Department adopted such procedures in October 2010. Otherwise, this
bill is the same in substance as that which was supported by a
bipartisan majority of the Senate Judiciary Committee in 2009.
We must move quickly, in advance of the looming deadline, to pass
this bipartisan package. We can preserve the authorities currently in
place, which give law enforcement the tools it needs to protect
national security. And we can ensure that inspectors general, the
[[Page S275]]
Congress, and the public maintain vigilant oversight of the government,
making sure these authorities are used properly and within
Constitutional bounds. I urge all Senators to support the USA PATRIOT
Act Sunset Extension 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. 193
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 ``USA PATRIOT Act Sunset
Extension Act of 2011''.
SEC. 2. SUNSETS.
(a) Sections 206 and 215 Sunset.--
(1) In general.--Section 102(b)(1) of the USA PATRIOT
Improvement and Reauthorization Act of 2005 (Public Law 109-
177; 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 U.S.C.
1862 note) is amended by striking ``February, 28, 2011'' and
inserting `` December 31, 2013''.
(2) Conforming amendments.--
(A) In general.--The Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801 et seq.), as amended by section 3 of
this Act, is amended--
(i) in the table of contents in the first section, by
striking the items relating to title V and sections 501, 502,
and 503 and inserting the following:
``TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
PURPOSES
``Sec. 501. Definitions.
``Sec. 502. Access to certain business records for foreign intelligence
and international terrorism investigations.'';
(ii) in title V (50 U.S.C. 1861 et seq.)--
(I) in the title heading, by striking ``AND OTHER TANGIBLE
THINGS''; and
(II) by striking section 503; and
(iii) in section 601(a)(1)(D) (50 U.S.C. 1871(a)(1)(D)), by
striking ``section 501;'' and inserting ``section 502 or
under section 501 pursuant to section 102(b)(2) of the USA
PATRIOT Improvement and Reauthorization Act of 2005 (Public
Law 109-177; 50 U.S.C. 1861 note);''.
(B) Application under section 404 of the fisa amendments
act of 2008.--Section 404(b)(4)(A) of the FISA Amendments Act
of 2008 (Public Law 110-261; 122 Stat. 2477) is amended by
striking the period at the end and inserting ``, except that
paragraph (1)(D) of such section 601(a) shall be applied as
if it read as follows:
`` `(D) access to records under section 502 or under
section 501 pursuant to section 102(b)(2) of the USA PATRIOT
Improvement and Reauthorization Act of 2005 (Public Law 109-
177; 50 U.S.C. 1861 note);'.''.
(C) Effective date.--The amendments made by this paragraph
shall take effect on December 31, 2013.
(b) Individual Terrorists as Agents of Foreign Powers.--
(1) Extension of sunset.--Section 6001(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 50 U.S.C. 1801 note) is amended to read
as follows:
``(b) Sunset.--
``(1) Repeal.--Subparagraph (C) of section 101(b)(1) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801(b)(1)), as added by subsection (a), is repealed
effective December 31, 2013.
``(2) Transition provision.--Notwithstanding paragraph (1),
subparagraph (C) of section 101(b)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1))
shall continue to apply on and after December 31, 2013, with
respect to any particular foreign intelligence investigation
or with respect to any particular offense or potential
offense that began or occurred before December 31, 2013.''.
(2) Conforming amendment.--
(A) In general.--Section 601(a)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(a)(2))
is amended by striking the semicolon at the end and inserting
``pursuant to subsection (b)(2) of section 6001 of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 50 U.S.C. 1801 note);''.
(B) Effective date.--The amendment made by subparagraph (A)
shall take effect on December 31, 2013.
(c) National Security Letters.--
(1) Repeal.--Effective on December 31, 2013--
(A) section 2709 of title 18, United States Code, is
amended to read as such provision read on October 25, 2001;
(B) section 1114(a)(5) of the Right to Financial Privacy
Act of 1978 (12 U.S.C. 3414(a)(5)) is amended to read as such
provision read on October 25, 2001;
(C) subsections (a) and (b) of section 626 of the Fair
Credit Reporting Act (15 U.S.C. 1681u) are amended to read as
subsections (a) and (b), respectively, of the second of the 2
sections designated as section 624 of such Act (15 U.S.C.
1681u) (relating to disclosure to the Federal Bureau of
Investigation for counterintelligence purposes), as added by
section 601 of the Intelligence Authorization Act for Fiscal
Year 1996 (Public Law 104-93; 109 Stat. 974), read on October
25, 2001;
(D) section 627 of the Fair Credit Reporting Act (15 U.S.C.
1681v) is repealed; and
(E) section 802 of the National Security Act of 1947 (50
U.S.C. 436) is amended to read as such provision read on
October 25, 2001.
(2) Transition provision.--Notwithstanding paragraph (1),
the provisions of law referred to in paragraph (1), as in
effect on December 30, 2013, shall continue to apply on and
after December 31, 2013, with respect to any particular
foreign intelligence investigation or with respect to any
particular offense or potential offense that began or
occurred before December 31, 2013.
(3) Technical and conforming amendments.--Effective
December 31, 2013--
(A) section 3511 of title 18, United States Code, is
amended--
(i) in subsections (a), (c), and (d), by striking ``or
627(a)'' each place it appears; and
(ii) in subsection (b)(1)(A), as amended by section 6(b) of
this Act, by striking ``section 626 or 627 of the Fair Credit
Reporting Act (15 U.S.C. 1681u and 1681v)'' and inserting
``section 626 of the Fair Credit Reporting Act (15 U.S.C.
1681u)'';
(B) section 118(c) of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (18 U.S.C. 3511 note) is
amended--
(i) in subparagraph (C), by adding ``and'' at the end;
(ii) in subparagraph (D), by striking ``; and'' and
inserting a period; and
(iii) by striking subparagraph (E); and
(C) the table of sections for the Fair Credit Reporting Act
(15 U.S.C. 1681 et seq.) is amended by striking the item
relating to section 627.
SEC. 3. ORDERS FOR ACCESS TO CERTAIN BUSINESS RECORDS AND
TANGIBLE THINGS.
(a) In General.--Section 501 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861) is amended--
(1) in the section heading, by inserting ``AND OTHER
TANGIBLE THINGS'' after ``CERTAIN BUSINESS RECORDS'';
(2) in subsection (b)(2)--
(A) in subparagraph (A)--
(i) by striking ``a statement of facts showing'' and
inserting ``a statement of the facts and circumstances relied
upon by the applicant to justify the belief of the
applicant''; and
(ii) by striking ``clandestine intelligence activities,''
and all that follows and inserting ``clandestine intelligence
activities;''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) if the records sought are the circulation records or
patron lists of a library (as defined in section 213(1) of
the Library Services and Technology Act (20 U.S.C. 9122(1)),
a statement of facts showing that there are reasonable
grounds to believe that the records sought--
``(i) are relevant to an authorized investigation (other
than a threat assessment) conducted in accordance with
subsection (a)(2) to obtain foreign intelligence information
not concerning a United States person or to protect against
international terrorism or clandestine intelligence
activities; and
``(ii)(I) pertain to a foreign power or an agent of a
foreign power;
``(II) are relevant to the activities of a suspected agent
of a foreign power who is the subject of such authorized
investigation; or
``(III) pertain to an individual in contact with, or known
to, a suspected agent of a foreign power; and
``(C) a statement of proposed minimization procedures.'';
and
(3) in subsection (c)(1)--
(A) by inserting ``and that the proposed minimization
procedures meet the definition of minimization procedures
under subsection (g)'' after ``subsections (a) and (b)'';
(B) by inserting ``, and directing that the minimization
procedures be followed'' after ``release of tangible
things''; and
(C) by striking the second sentence.
(b) Transition Procedures.--Notwithstanding the amendments
made by this Act, an order entered under section 501(c)(1) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1861(c)(1)) that is in effect on the effective date of the
amendments made by this section shall remain in effect until
the expiration of the order.
(c) Technical and Conforming Amendments.--
(1) Definitions.--Title V of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended
by adding at the end the following:
``SEC. 503. DEFINITIONS.
``In this title, the terms `Attorney General', `foreign
intelligence information', `international terrorism',
`person', `United States', and `United States person' have
the meanings given such terms in section 101.''.
(2) Title heading.--Title V of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended
in the title heading by inserting ``AND OTHER TANGIBLE
THINGS'' after ``CERTAIN BUSINESS RECORDS''.
(3) Table of contents.--The table of contents in the first
section of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.) is amended--
(A) by striking the items relating to title V and section
501 and inserting the following:
[[Page S276]]
``TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS AND OTHER TANGIBLE THINGS
FOR FOREIGN INTELLIGENCE PURPOSES
``Sec. 501. Access to certain business records and other tangible
things for foreign intelligence purposes and
international terrorism investigations.''; and
(B) by inserting after the item relating to section 502 the
following:
``Sec. 503. Definitions.''.
SEC. 4. ORDERS FOR PEN REGISTERS AND TRAP AND TRACE DEVICES
FOR FOREIGN INTELLIGENCE PURPOSES.
(a) Application.--Section 402(c) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) is
amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2)--
(A) by striking ``a certification by the applicant'' and
inserting ``a statement of the facts and circumstances relied
upon by the applicant to justify the belief of the
applicant''; and
(B) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(3) a statement of whether minimization procedures are
being proposed and, if so, a statement of the proposed
minimization procedures.''.
(b) Minimization.--
(1) Definition.--Section 401 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1841) is amended by
adding at the end the following:
``(4) The term `minimization procedures' means--
``(A) specific procedures, that are reasonably designed in
light of the purpose and technique of an order for the
installation and use of a pen register or trap and trace
device, to minimize the retention, and prohibit the
dissemination, of nonpublicly available information known to
concern unconsenting United States persons consistent with
the need of the United States to obtain, produce, and
disseminate foreign intelligence information;
``(B) procedures that require that nonpublicly available
information, which is not foreign intelligence information
shall not be disseminated in a manner that identifies any
United States person, without such person's consent, unless
such person's identity is necessary to understand foreign
intelligence information or assess its importance; and
``(C) notwithstanding subparagraphs (A) and (B), procedures
that allow for the retention and dissemination of information
that is evidence of a crime which has been, is being, or is
about to be committed and that is to be retained or
disseminated for law enforcement purposes.''.
(2) Pen registers and trap and trace devices.--Section 402
of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1842) is amended--
(A) in subsection (d)(1), by striking ``the judge finds''
and all that follows and inserting the following: ``the judge
finds--
``(A) that the application satisfies the requirements of
this section; and
``(B) that, if there are exceptional circumstances
justifying the use of minimization procedures in a particular
case, the proposed minimization procedures meet the
definition of minimization procedures under this title.'';
and
(B) by adding at the end the following:
``(h) At or before the end of the period of time for which
the installation and use of a pen register or trap and trace
device is approved under an order or an extension under this
section, the judge may assess compliance with any applicable
minimization procedures by reviewing the circumstances under
which information concerning United States persons was
retained or disseminated.''.
(3) Emergencies.--Section 403 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1843) is amended--
(A) by redesignating subsection (c) as subsection (d); and
(B) by inserting after subsection (b) the following:
``(c) If the Attorney General authorizes the emergency
installation and use of a pen register or trap and trace
device under this section, the Attorney General shall require
that minimization procedures be followed, if appropriate.''.
(4) Use of information.--Section 405(a)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1845(a)(1))
is amended by striking ``provisions of this section'' and
inserting ``minimization procedures required under this
title''.
(c) Transition Procedures.--
(1) Orders in effect.--Notwithstanding the amendments made
by this Act, an order entered under section 402(d)(1) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1842(d)(1)) that is in effect on the effective date of the
amendments made by this section shall remain in effect until
the expiration of the order.
(2) Extensions.--A request for an extension of an order
referred to in paragraph (1) shall be subject to the
requirements of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.), as amended by this Act.
SEC. 5. LIMITATIONS ON DISCLOSURE OF NATIONAL SECURITY
LETTERS.
(a) In General.--Section 2709 of title 18, United States
Code, is amended by striking subsection (c) and inserting the
following:
``(c) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued under
subparagraph (B) and notice of the right to judicial review
under paragraph (3) is provided, no wire or electronic
communication service provider, or officer, employee, or
agent thereof, that receives a request under subsection (a),
shall disclose to any person that the Director of the Federal
Bureau of Investigation has sought or obtained access to
information or records under this section.
``(B) Certification.--The requirements of subparagraph (A)
shall apply if the Director of the Federal Bureau of
Investigation, or a designee of the Director whose rank shall
be no lower than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge of a Bureau field
office, certifies that, absent a prohibition of disclosure
under this subsection, there may result--
``(i) a danger to the national security of the United
States;
``(ii) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(iii) interference with diplomatic relations; or
``(iv) danger to the life or physical safety of any person.
``(2) Exception.--
``(A) In general.--A wire or electronic communication
service provider, or officer, employee, or agent thereof,
that receives a request under subsection (a) may disclose
information otherwise subject to any applicable nondisclosure
requirement to--
``(i) those persons to whom disclosure is necessary in
order to comply with the request;
``(ii) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(iii) other persons as permitted by the Director of the
Federal Bureau of Investigation or the designee of the
Director.
``(B) Persons necessary for compliance.--Upon a request by
the Director of the Federal Bureau of Investigation or the
designee of the Director, those persons to whom disclosure
will be made under subparagraph (A)(i) or to whom such
disclosure was made before the request shall be identified to
the Director or the designee.
``(C) Nondisclosure requirement.--A person to whom
disclosure is made under subparagraph (A) shall be subject to
the nondisclosure requirements applicable to a person to whom
a request is issued under subsection (a) in the same manner
as the person to whom the request is issued.
``(D) Notice.--Any recipient that discloses to a person
described in subparagraph (A) information otherwise subject
to a nondisclosure requirement shall inform the person of the
applicable nondisclosure requirement.
``(3) Right to judicial review.--
``(A) In general.--A wire or electronic communications
service provider that receives a request under subsection (a)
shall have the right to judicial review of any applicable
nondisclosure requirement.
``(B) Notification.--A request under subsection (a) shall
state that if the recipient wishes to have a court review a
nondisclosure requirement, the recipient shall notify the
Government.
``(C) Initiation of proceedings.--If a recipient of a
request under subsection (a) makes a notification under
subparagraph (B), the Government shall initiate judicial
review under the procedures established in section 3511 of
this title, unless an appropriate official of the Federal
Bureau of the Investigation makes a notification under
paragraph (4).
``(4) Termination.--In the case of any request for which a
recipient has submitted a notification under paragraph
(3)(B), if the facts supporting a nondisclosure requirement
cease to exist, an appropriate official of the Federal Bureau
of Investigation shall promptly notify the wire or electronic
service provider, or officer, employee, or agent thereof,
subject to the nondisclosure requirement that the
nondisclosure requirement is no longer in effect.''.
(b) Identity of Financial Institutions and Credit
Reports.--Section 626 of the Fair Credit Reporting Act (15
U.S.C. 1681u) is amended by striking subsection (d) and
inserting the following:
``(d) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued under
subparagraph (B) and notice of the right to judicial review
under paragraph (3) is provided, no consumer reporting
agency, or officer, employee, or agent thereof, that receives
a request or order under subsection (a), (b), or (c), shall
disclose or specify in any consumer report, that the Federal
Bureau of Investigation has sought or obtained access to
information or records under subsection (a), (b), or (c).
``(B) Certification.--The requirements of subparagraph (A)
shall apply if the Director of the Federal Bureau of
Investigation, or a designee of the Director whose rank shall
be no lower than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge of a Bureau field
office, certifies that, absent a prohibition of disclosure
under this subsection, there may result--
``(i) a danger to the national security of the United
States;
``(ii) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(iii) interference with diplomatic relations; or
[[Page S277]]
``(iv) danger to the life or physical safety of any person.
``(2) Exception.--
``(A) In general.--A consumer reporting agency, or officer,
employee, or agent thereof, that receives a request or order
under subsection (a), (b), or (c) may disclose information
otherwise subject to any applicable nondisclosure requirement
to--
``(i) those persons to whom disclosure is necessary in
order to comply with the request or order;
``(ii) an attorney in order to obtain legal advice or
assistance regarding the request or order; or
``(iii) other persons as permitted by the Director of the
Federal Bureau of Investigation or the designee of the
Director.
``(B) Persons necessary for compliance.--Upon a request by
the Director of the Federal Bureau of Investigation or the
designee of the Director, those persons to whom disclosure
will be made under subparagraph (A)(i) or to whom such
disclosure was made before the request shall be identified to
the Director or the designee.
``(C) Nondisclosure requirement.--A person to whom
disclosure is made under subparagraph (A) shall be subject to
the nondisclosure requirements applicable to a person to whom
a request or order is issued under subsection (a), (b), or
(c) in the same manner as the person to whom the request or
order is issued.
``(D) Notice.--Any recipient that discloses to a person
described in subparagraph (A) information otherwise subject
to a nondisclosure requirement shall inform the person of the
applicable nondisclosure requirement.
``(3) Right to judicial review.--
``(A) In general.--A consumer reporting agency that
receives a request or order under subsection (a), (b), or (c)
shall have the right to judicial review of any applicable
nondisclosure requirement.
``(B) Notification.--A request or order under subsection
(a), (b), or (c) shall state that if the recipient wishes to
have a court review a nondisclosure requirement, the
recipient shall notify the Government.
``(C) Initiation of proceedings.--If a recipient of a
request or order under subsection (a), (b), or (c) makes a
notification under subparagraph (B), the Government shall
initiate judicial review under the procedures established in
section 3511 of title 18, United States Code, unless an
appropriate official of the Federal Bureau of Investigation
makes a notification under paragraph (4).
``(4) Termination.--In the case of any request or order for
which a consumer reporting agency has submitted a
notification under paragraph (3)(B), if the facts supporting
a nondisclosure requirement cease to exist, an appropriate
official of the Federal Bureau of Investigation shall
promptly notify the consumer reporting agency, or officer,
employee, or agent thereof, subject to the nondisclosure
requirement that the nondisclosure requirement is no longer
in effect.''.
(c) Disclosures to Governmental Agencies for
Counterterrorism Purposes.--Section 627 of the Fair Credit
Reporting Act (15 U.S.C. 1681v) is amended by striking
subsection (c) and inserting the following:
``(c) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued under
subparagraph (B) and notice of the right to judicial review
under paragraph (3) is provided, no consumer reporting
agency, or officer, employee, or agent thereof, that receives
a request under subsection (a), shall disclose to any person
or specify in any consumer report, that a government agency
has sought or obtained access to information under subsection
(a).
``(B) Certification.--The requirements of subparagraph (A)
shall apply if the head of a government agency authorized to
conduct investigations of, or intelligence or
counterintelligence activities or analysis related to,
international terrorism, or a designee, certifies that,
absent a prohibition of disclosure under this subsection,
there may result--
``(i) a danger to the national security of the United
States;
``(ii) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(iii) interference with diplomatic relations; or
``(iv) danger to the life or physical safety of any person.
``(2) Exception.--
``(A) In general.--A consumer reporting agency, or officer,
employee, or agent thereof, that receives a request under
subsection (a) may disclose information otherwise subject to
any applicable nondisclosure requirement to--
``(i) those persons to whom disclosure is necessary in
order to comply with the request;
``(ii) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(iii) other persons as permitted by the head of the
government agency authorized to conduct investigations of, or
intelligence or counterintelligence activities or analysis
related to, international terrorism, or a designee.
``(B) Persons necessary for compliance.--Upon a request by
the head of a government agency authorized to conduct
investigations of, or intelligence or counterintelligence
activities or analysis related to, international terrorism,
or a designee, those persons to whom disclosure will be made
under subparagraph (A)(i) or to whom such disclosure was made
before the request shall be identified to the head of the
government agency or the designee.
``(C) Nondisclosure requirement.--A person to whom
disclosure is made under subparagraph (A) shall be subject to
the nondisclosure requirements applicable to a person to whom
a request is issued under subsection (a) in the same manner
as the person to whom the request is issued.
``(D) Notice.--Any recipient that discloses to a person
described in subparagraph (A) information otherwise subject
to a nondisclosure requirement shall inform the person of the
applicable nondisclosure requirement.
``(3) Right to judicial review.--
``(A) In general.--A consumer reporting agency that
receives a request under subsection (a) shall have the right
to judicial review of any applicable nondisclosure
requirement.
``(B) Notification.--A request under subsection (a) shall
state that if the recipient wishes to have a court review a
nondisclosure requirement, the recipient shall notify the
government.
``(C) Initiation of proceedings.--If a recipient of a
request under subsection (a) makes a notification under
subparagraph (B), the government shall initiate judicial
review under the procedures established in section 3511 of
title 18, United States Code, unless an appropriate official
of the government agency authorized to conduct investigations
of, or intelligence or counterintelligence activities or
analysis related to, international terrorism makes a
notification under paragraph (4).
``(4) Termination.--In the case of any request for which a
consumer reporting agency has submitted a notification under
paragraph (3)(B), if the facts supporting a nondisclosure
requirement cease to exist, an appropriate official of the
government agency authorized to conduct investigations of, or
intelligence or counterintelligence activities or analysis
related to, international terrorism shall promptly notify the
consumer reporting agency, or officer, employee, or agent
thereof, subject to the nondisclosure requirement that the
nondisclosure requirement is no longer in effect.''.
(d) Financial Records.--Section 1114(a)(5) of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)) is
amended by striking subparagraph (D) and inserting the
following:
``(D) Prohibition of Certain Disclosure.--
``(i) Prohibition.--
``(I) In general.--If a certification is issued under
subclause (II) and notice of the right to judicial review
under clause (iii) is provided, no financial institution, or
officer, employee, or agent thereof, that receives a request
under subparagraph (A), shall disclose to any person that the
Federal Bureau of Investigation has sought or obtained access
to information or records under subparagraph (A).
``(II) Certification.--The requirements of subclause (I)
shall apply if the Director of the Federal Bureau of
Investigation, or a designee of the Director whose rank shall
be no lower than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge of a Bureau field
office, certifies that, absent a prohibition of disclosure
under this subparagraph, there may result--
``(aa) a danger to the national security of the United
States;
``(bb) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(cc) interference with diplomatic relations; or
``(dd) danger to the life or physical safety of any person.
``(ii) Exception.--
``(I) In general.--A financial institution, or officer,
employee, or agent thereof, that receives a request under
subparagraph (A) may disclose information otherwise subject
to any applicable nondisclosure requirement to--
``(aa) those persons to whom disclosure is necessary in
order to comply with the request;
``(bb) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(cc) other persons as permitted by the Director of the
Federal Bureau of Investigation or the designee of the
Director.
``(II) Persons necessary for compliance.--Upon a request by
the Director of the Federal Bureau of Investigation or the
designee of the Director, those persons to whom disclosure
will be made under subclause (I)(aa) or to whom such
disclosure was made before the request shall be identified to
the Director or the designee.
``(III) Nondisclosure requirement.--A person to whom
disclosure is made under subclause (I) shall be subject to
the nondisclosure requirements applicable to a person to whom
a request is issued under subparagraph (A) in the same manner
as the person to whom the request is issued.
``(IV) Notice.--Any recipient that discloses to a person
described in subclause (I) information otherwise subject to a
nondisclosure requirement shall inform the person of the
applicable nondisclosure requirement.
``(iii) Right to judicial review.--
``(I) In general.--A financial institution that receives a
request under subparagraph (A) shall have the right to
judicial review of any applicable nondisclosure requirement.
[[Page S278]]
``(II) Notification.--A request under subparagraph (A)
shall state that if the recipient wishes to have a court
review a nondisclosure requirement, the recipient shall
notify the Government.
``(III) Initiation of proceedings.--If a recipient of a
request under subparagraph (A) makes a notification under
subclause (II), the Government shall initiate judicial review
under the procedures established in section 3511 of title 18,
United States Code, unless an appropriate official of the
Federal Bureau of Investigation makes a notification under
clause (iv).
``(iv) Termination.--In the case of any request for which a
financial institution has submitted a notification under
clause (iii)(II), if the facts supporting a nondisclosure
requirement cease to exist, an appropriate official of the
Federal Bureau of Investigation shall promptly notify the
financial institution, or officer, employee, or agent
thereof, subject to the nondisclosure requirement that the
nondisclosure requirement is no longer in effect.''.
(e) Requests by Authorized Investigative Agencies.--Section
802 of the National Security Act of 1947 (50 U.S.C. 436), is
amended by striking subsection (b) and inserting the
following:
``(b) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued under
subparagraph (B) and notice of the right to judicial review
under paragraph (3) is provided, no governmental or private
entity, or officer, employee, or agent thereof, that receives
a request under subsection (a), shall disclose to any person
that an authorized investigative agency described in
subsection (a) has sought or obtained access to information
under subsection (a).
``(B) Certification.--The requirements of subparagraph (A)
shall apply if the head of an authorized investigative agency
described in subsection (a), or a designee, certifies that,
absent a prohibition of disclosure under this subsection,
there may result--
``(i) a danger to the national security of the United
States;
``(ii) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(iii) interference with diplomatic relations; or
``(iv) danger to the life or physical safety of any person.
``(2) Exception.--
``(A) In general.--A governmental or private entity, or
officer, employee, or agent thereof, that receives a request
under subsection (a) may disclose information otherwise
subject to any applicable nondisclosure requirement to--
``(i) those persons to whom disclosure is necessary in
order to comply with the request;
``(ii) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(iii) other persons as permitted by the head of the
authorized investigative agency described in subsection (a).
``(B) Persons necessary for compliance.--Upon a request by
the head of an authorized investigative agency described in
subsection (a), or a designee, those persons to whom
disclosure will be made under subparagraph (A)(i) or to whom
such disclosure was made before the request shall be
identified to the head of the authorized investigative agency
or the designee.
``(C) Nondisclosure requirement.--A person to whom
disclosure is made under subparagraph (A) shall be subject to
the nondisclosure requirements applicable to a person to whom
a request is issued under subsection (a) in the same manner
as the person to whom the request is issued.
``(D) Notice.--Any recipient that discloses to a person
described in subparagraph (A) information otherwise subject
to a nondisclosure requirement shall inform the person of the
applicable nondisclosure requirement.
``(3) Right to judicial review.--
``(A) In general.--A governmental or private entity that
receives a request under subsection (a) shall have the right
to judicial review of any applicable nondisclosure
requirement.
``(B) Notification.--A request under subsection (a) shall
state that if the recipient wishes to have a court review a
nondisclosure requirement, the recipient shall notify the
Government.
``(C) Initiation of proceedings.--If a recipient of a
request under subsection (a) makes a notification under
subparagraph (B), the Government shall initiate judicial
review under the procedures established in section 3511 of
title 18, United States Code, unless an appropriate official
of the authorized investigative agency described in
subsection (a) makes a notification under paragraph (4).
``(4) Termination.--In the case of any request for which a
governmental or private entity has submitted a notification
under paragraph (3)(B), if the facts supporting a
nondisclosure requirement cease to exist, an appropriate
official of the authorized investigative agency described in
subsection (a) shall promptly notify the governmental or
private entity, or officer, employee, or agent thereof,
subject to the nondisclosure requirement that the
nondisclosure requirement is no longer in effect.''.
SEC. 6. JUDICIAL REVIEW OF FISA ORDERS AND NATIONAL SECURITY
LETTERS.
(a) FISA.--Section 501(f)(2) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (i)--
(i) by striking ``a production order'' and inserting ``a
production order or nondisclosure order''; and
(ii) by striking ``Not less than 1 year'' and all that
follows; and
(B) in clause (ii), by striking ``production order or
nondisclosure''; and
(2) in subparagraph (C)--
(A) by striking clause (ii); and
(B) by redesignating clause (iii) as clause (ii).
(b) Judicial Review of National Security Letters.--Section
3511(b) of title 18, United States Code, is amended to read
as follows:
``(b) Nondisclosure.--
``(1) In general.--
``(A) Notice.--If a recipient of a request or order for a
report, records, or other information under section 2709 of
this title, section 626 or 627 of the Fair Credit Reporting
Act (15 U.S.C. 1681u and 1681v), section 1114 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414), or section
802 of the National Security Act of 1947 (50 U.S.C. 436),
wishes to have a court review a nondisclosure requirement
imposed in connection with the request or order, the
recipient shall notify the Government.
``(B) Application.--Not later than 30 days after the date
of receipt of a notification under subparagraph (A), the
Government shall apply for an order prohibiting the
disclosure of the existence or contents of the relevant
request or order. An application under this subparagraph may
be filed in the district court of the United States for the
judicial district in which the recipient of the order is
doing business or in the district court of the United States
for any judicial district within which the authorized
investigation that is the basis for the request or order is
being conducted. The applicable nondisclosure requirement
shall remain in effect during the pendency of proceedings
relating to the requirement.
``(C) Consideration.--A district court of the United States
that receives an application under subparagraph (B) should
rule expeditiously, and shall, subject to paragraph (3),
issue a nondisclosure order that includes conditions
appropriate to the circumstances.
``(2) Application contents.--An application for a
nondisclosure order or extension thereof under this
subsection shall include a certification from the Attorney
General, Deputy Attorney General, an Assistant Attorney
General, or the Director of the Federal Bureau of
Investigation, or in the case of a request by a department,
agency, or instrumentality of the Federal Government other
than the Department of Justice, the head or deputy head of
the department, agency, or instrumentality, containing a
statement of specific and articulable facts indicating that,
absent a prohibition of disclosure under this subsection,
there may result--
``(A) a danger to the national security of the United
States;
``(B) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(C) interference with diplomatic relations; or
``(D) danger to the life or physical safety of any person.
``(3) Standard.--A district court of the United States
shall issue a nondisclosure requirement order or extension
thereof under this subsection if the court determines, giving
substantial weight to the certification under paragraph (2)
that there is reason to believe that disclosure of the
information subject to the nondisclosure requirement during
the applicable time period will result in--
``(A) a danger to the national security of the United
States;
``(B) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(C) interference with diplomatic relations; or
``(D) danger to the life or physical safety of any
person.''.
(c) Minimization.--Section 501(g)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(g)(1))
is amended by striking ``Not later than'' and all that
follows and inserting ``At or before the end of the period of
time for the production of tangible things under an order
approved under this section or at any time after the
production of tangible things under an order approved under
this section, a judge may assess compliance with the
minimization procedures by reviewing the circumstances under
which information concerning United States persons was
retained or disseminated.''.
SEC. 7. CERTIFICATION FOR ACCESS TO TELEPHONE TOLL AND
TRANSACTIONAL RECORDS.
(a) In General.--Section 2709 of title 18, United States
Code, as amended by this Act, is amended--
(1) by striking subsection (e);
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Written Statement.--The Director of the Federal
Bureau of Investigation, or a designee in a position not
lower than Deputy Assistant Director at Bureau headquarters
or a Special Agent in Charge in a Bureau field office
designated by the Director, may make a certification under
subsection (b) only upon a written statement, which shall be
retained by the Federal Bureau of Investigation, of specific
facts showing that there
[[Page S279]]
are reasonable grounds to believe that the information sought
is relevant to the authorized investigation described in
subsection (b).''.
(b) Identity of Financial Institutions and Credit
Reports.--Section 626 of the Fair Credit Reporting Act (15
U.S.C. 1681u), as amended by this Act, is amended--
(1) by striking subsection (h);
(2) by redesignating subsections (d), (e), (f), and (g) as
subsections (e), (f), (g), and (h), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Written Statement.--The Director of the Federal
Bureau of Investigation, or a designee in a position not
lower than Deputy Assistant Director at Bureau headquarters
or a Special Agent in Charge in a Bureau field office
designated by the Director, may make a certification under
subsection (a) or (b) only upon a written statement, which
shall be retained by the Federal Bureau of Investigation, of
specific facts showing that there are reasonable grounds to
believe that the information sought is relevant to the
authorized investigation described in subsection (a) or (b),
as the case may be.''.
(c) Disclosures to Governmental Agencies for
Counterterrorism Purposes.--Section 627(b) of the Fair Credit
Reporting Act (15 U.S.C. 1681v(b)) is amended--
(1) in the subsection heading, by striking ``Form of
Certification'' and inserting ``Certification'';
(2) by striking ``The certification'' and inserting the
following:
``(1) Form of certification.--The certification''; and
(3) by adding at the end the following:
``(2) Written statement.--A supervisory official or officer
described in paragraph (1) may make a certification under
subsection (a) only upon a written statement, which shall be
retained by the government agency, of specific facts showing
that there are reasonable grounds to believe that the
information sought is relevant to the authorized
investigation described in subsection (a).''.
(d) Financial Records.--Section 1114(a)(5) of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)), as
amended by this Act, is amended--
(1) by striking subparagraph (C);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following:
``(B) The Director of the Federal Bureau of Investigation,
or a designee in a position not lower than Deputy Assistant
Director at Bureau headquarters or a Special Agent in Charge
in a Bureau field office designated by the Director, may make
a certification under subparagraph (A) only upon a written
statement, which shall be retained by the Federal Bureau of
Investigation, of specific facts showing that there are
reasonable grounds to believe that the information sought is
relevant to the authorized investigation described in
subparagraph (A).''.
(e) Requests by Authorized Investigative Agencies.--Section
802(a) of the National Security Act of 1947 (50 U.S.C.
436(a)) is amended by adding at the end the following:
``(4) A department or agency head, deputy department or
agency head, or senior official described in paragraph (3)(A)
may make a certification under paragraph (3)(A) only upon a
written statement, which shall be retained by the authorized
investigative agency, of specific facts showing that there
are reasonable grounds to believe that the information sought
is relevant to the authorized inquiry or investigation
described in paragraph (3)(A)(ii).''.
(f) Technical and Conforming Amendments.--
(1) Obstruction of criminal investigations.--Section
1510(e) of title 18, United States Code, is amended by
striking ``section 2709(c)(1) of this title, section
626(d)(1) or 627(c)(1) of the Fair Credit Reporting Act (15
U.S.C. 1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or
1114(a)(5)(D)(i) of the Right to Financial Privacy Act (12
U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)),'' and inserting
``section 2709(d)(1) of this title, section 626(e)(1) or
627(c)(1) of the Fair Credit Reporting Act (15 U.S.C.
1681u(e)(1) and 1681v(c)(1)), section 1114(a)(3)(A) or
1114(a)(5)(D)(i) of the Right to Financial Privacy Act of
1978 (12 U.S.C. 3414(a)(3)(A) and 3414(a)(5)(D)(i)),''.
(2) Semiannual reports.--Section 507(b) of the National
Security Act of 1947 (50 U.S.C. 415b(b)) is amended--
(A) by striking paragraphs (4) and (5); and
(B) by redesignating paragraph (6) as paragraph (4).
SEC. 8. PUBLIC REPORTING ON NATIONAL SECURITY LETTERS.
(a) In General.--Section 118(c) of the USA PATRIOT
Improvement and Reauthorization Act of 2005 (18 U.S.C. 3511
note) is amended to read as follows:
``(c) Reports on Requests for National Security Letters.--
``(1) Definitions.--In this subsection--
``(A) the term `applicable period' means--
``(i) with respect to the first report submitted under
paragraph (2) or (3), the period beginning 180 days after the
date of enactment of the USA PATRIOT Act Sunset Extension Act
of 2011 and ending on December 31, 2011; and
``(ii) with respect to the second report submitted under
paragraph (2) or (3), and each report thereafter, the 6-month
period ending on the last day of the second month before the
date for submission of the report; and
``(B) the term `United States person' has the meaning given
that term in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).
``(2) Classified form.--
``(A) In general.--Not later than February 1, 2012, and
every 6 months thereafter, the Attorney General shall submit
to the Select Committee on Intelligence, the Committee on the
Judiciary, and the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Permanent Select Committee on
Intelligence, the Committee on the Judiciary, and the
Committee on Financial Services of the House of
Representatives a report fully informing the committees
concerning the requests made under section 2709(a) of title
18, United States Code, section 1114(a)(5)(A) of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)),
section 626 of the Fair Credit Reporting Act (15 U.S.C.
1681u), section 627 of the Fair Credit Reporting Act (15
U.S.C. 1681v), or section 802 of the National Security Act of
1947 (50 U.S.C. 436) during the applicable period.
``(B) Contents.--Each report under subparagraph (A) shall
include, for each provision of law described in subparagraph
(A)--
``(i) the number of authorized requests under the
provision, including requests for subscriber information; and
``(ii) the number of authorized requests under the
provision--
``(I) that relate to a United States person;
``(II) that relate to a person that is not a United States
person;
``(III) that relate to a person that is--
``(aa) the subject of an authorized national security
investigation; or
``(bb) an individual who has been in contact with or
otherwise directly linked to the subject of an authorized
national security investigation; and
``(IV) that relate to a person that is not known to be the
subject of an authorized national security investigation or
to have been in contact with or otherwise directly linked to
the subject of an authorized national security investigation.
``(3) Unclassified form.--
``(A) In general.--Not later than February 1, 2012, and
every 6 months thereafter, the Attorney General shall submit
to the Select Committee on Intelligence, the Committee on the
Judiciary, and the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Permanent Select Committee on
Intelligence, the Committee on the Judiciary, and the
Committee on Financial Services of the House of
Representatives a report fully informing the committees
concerning the aggregate total of all requests identified
under paragraph (2) during the applicable period ending on
the last day of the second month before the date for
submission of the report. Each report under this subparagraph
shall be in unclassified form.
``(B) Contents.--Each report under subparagraph (A) shall
include the aggregate total of requests--
``(i) that relate to a United States person;
``(ii) that relate to a person that is not a United States
person;
``(iii) that relate to a person that is--
``(I) the subject of an authorized national security
investigation; or
``(II) an individual who has been in contact with or
otherwise directly linked to the subject of an authorized
national security investigation; and
``(iv) that relate to a person that is not known to be the
subject of an authorized national security investigation or
to have been in contact with or otherwise directly linked to
the subject of an authorized national security
investigation.''.
(b) Technical and Conforming Amendment.--Section 627 of the
Fair Credit Reporting Act (15 U.S.C. 1681v) is amended by
striking subsection (f).
SEC. 9. PUBLIC REPORTING ON THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
(a) In General.--Title VI of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1871) is amended by
adding at the end the following:
``SEC. 602. ANNUAL UNCLASSIFIED REPORT.
``Not later than June 30, 2012, and every year thereafter,
the Attorney General, in consultation with the Director of
National Intelligence, and with due regard for the protection
of classified information from unauthorized disclosure, shall
submit to the Committee on the Judiciary and the Select
Committee on Intelligence of the Senate and the Committee on
the Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives an unclassified
report summarizing how the authorities under this Act are
used, including the impact of the use of the authorities
under this Act on the privacy of United States persons (as
defined in section 101).''.
(b) Technical and Conforming Amendment.--The table of
contents in the first section of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended
by inserting after the item relating to section 601 the
following:
``Sec. 602. Annual unclassified report.''.
SEC. 10. AUDITS.
(a) Tangible Things.--Section 106A of the USA PATRIOT
Improvement and Reauthorization Act of 2005 (Public Law 109-
177; 120 Stat. 200) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``2006'' and inserting
``2011'';
(B) by striking paragraphs (2) and (3);
(C) by redesignating paragraphs (4) and (5) as paragraphs
(2) and (3), respectively; and
(D) in paragraph (3), as so redesignated--
[[Page S280]]
(i) by striking subparagraph (C) and inserting the
following:
``(C) with respect to calendar years 2007 through 2011, an
examination of the minimization procedures used in relation
to orders under section 501 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861) and whether the
minimization procedures protect the constitutional rights of
United States persons.''; and
(ii) in subparagraph (D), by striking ``(as such term is
defined in section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4)))'';
(2) in subsection (c), by adding at the end the following:
``(3) Calendar years 2007, 2008, and 2009.--Not later than
September 30, 2011, the Inspector General of the Department
of Justice shall submit to the Committee on the Judiciary and
the Permanent Select Committee on Intelligence of the House
of Representatives and the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate a report
containing the results of the audit conducted under
subsection (a) for calendar years 2007, 2008, and 2009.
``(4) Calendar years 2010 and 2011.--Not later than
December 31, 2012, the Inspector General of the Department of
Justice shall submit to the Committee on the Judiciary and
the Permanent Select Committee on Intelligence of the House
of Representatives and the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate a report
containing the results of the audit conducted under
subsection (a) for calendar years 2010 and 2011.'';
(3) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(4) by inserting after subsection (c) the following:
``(d) Intelligence Assessment.--
``(1) In general.--For the period beginning on January 1,
2007 and ending on December 31, 2011, the Inspector General
of each element of the intelligence community outside of the
Department of Justice that used information acquired under
title V of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1861 et seq.) in the intelligence activities of
the element of the intelligence community shall--
``(A) assess the importance of the information to the
intelligence activities of the element of the intelligence
community;
``(B) examine the manner in which that information was
collected, retained, analyzed, and disseminated by the
element of the intelligence community;
``(C) describe any noteworthy facts or circumstances
relating to orders under title V of the Foreign Intelligence
Surveillance Act of 1978 as the orders relate to the element
of the intelligence community; and
``(D) examine any minimization procedures used by the
element of the intelligence community under title V of the
Foreign Intelligence Surveillance Act of 1978 and whether the
minimization procedures protect the constitutional rights of
United States persons.
``(2) Submission dates for assessment.--
``(A) Calendar years 2007 through 2009.--Not later than
September 30, 2011, the Inspector General of each element of
the intelligence community that conducts an assessment under
this subsection shall submit to the Committee on the
Judiciary and the Select Committee on Intelligence of the
Senate and the Committee on the Judiciary and the Permanent
Select Committee on Intelligence of the House of
Representative a report containing the results of the
assessment for calendar years 2007 through 2009.
``(B) Calendar years 2010 and 2011.--Not later than
December 31, 2012, the Inspector General of each element of
the intelligence community that conducts an assessment under
this subsection shall submit to the Committee on the
Judiciary and the Select Committee on Intelligence of the
Senate and the Committee on the Judiciary and the Permanent
Select Committee on Intelligence of the House of
Representatives a report containing the results of the
assessment for calendar years 2010 and 2011.'';
(5) in subsection (e), as redesignated by paragraph (3)--
(A) in paragraph (1)--
(i) by striking ``a report under subsection (c)(1) or
(c)(2)'' and inserting ``any report under subsection (c) or
(d)''; and
(ii) by inserting ``and any Inspector General of an element
of the intelligence community that submits a report under
this section'' after ``Justice''; and
(B) in paragraph (2), by striking ``the reports submitted
under subsection (c)(1) and (c)(2)'' and inserting ``any
report submitted under subsection (c) or (d)'';
(6) in subsection (f) as redesignated by paragraph (3)--
(A) by striking ``The reports submitted under subsections
(c)(1) and (c)(2)'' and inserting ``Each report submitted
under subsection (c)''; and
(B) by striking ``subsection (d)(2)'' and inserting
``subsection (e)(2)''; and
(7) by adding at the end the following:
``(g) Definitions.--In this section--
``(1) the term `intelligence community' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 401a); and
``(2) the term `United States person' has the meaning given
that term in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).''.
(b) National Security Letters.--Section 119 of the USA
PATRIOT Improvement and Reauthorization Act of 2005 (Public
Law 109-177; 120 Stat. 219) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``2006'' and inserting
``2011''; and
(B) in paragraph (3)(C), by striking ``(as such term is
defined in section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4)))'';
(2) in subsection (c), by adding at the end the following:
``(3) Calendar years 2007, 2008, and 2009.--Not later than
September 30, 2011, the Inspector General of the Department
of Justice shall submit to the Committee on the Judiciary and
the Permanent Select Committee on Intelligence of the House
of Representatives and the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate a report
containing the results of the audit conducted under
subsection (a) for calendar years 2007, 2008, and 2009.
``(4) Calendar years 2010 and 2011.--Not later than
December 31, 2012, the Inspector General of the Department of
Justice shall submit to the Committee on the Judiciary and
the Permanent Select Committee on Intelligence of the House
of Representatives and the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate a report
containing the results of the audit conducted under
subsection (a) for calendar years 2010 and 2011.'';
(3) by striking subsection (g) and inserting the following:
``(h) Definitions.--In this section--
``(1) the term `intelligence community' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 401a);
``(2) the term `national security letter' means a request
for information under--
``(A) section 2709(a) of title 18, United States Code (to
access certain communication service provider records);
``(B) section 1114(a)(5)(A) of the Right to Financial
Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) (to obtain
financial institution customer records);
``(C) section 802 of the National Security Act of 1947 (50
U.S.C. 436) (to obtain financial information, records, and
consumer reports);
``(D) section 626 of the Fair Credit Reporting Act (15
U.S.C. 1681u) (to obtain certain financial information and
consumer reports); or
``(E) section 627 of the Fair Credit Reporting Act (15
U.S.C. 1681v) (to obtain credit agency consumer records for
counterterrorism investigations); and
``(3) the term `United States person' has the meaning given
that term in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).'';
(4) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(5) by inserting after subsection (c) the following:
``(d) Intelligence Assessment.--
``(1) In general.--For the period beginning on January 1,
2007 and ending on December 31, 2011, the Inspector General
of each element of the intelligence community outside of the
Department of Justice that issued national security letters
in the intelligence activities of the element of the
intelligence community shall--
``(A) examine the use of national security letters by the
element of the intelligence community during the period;
``(B) describe any noteworthy facts or circumstances
relating to the use of national security letters by the
element of the intelligence community, including any improper
or illegal use of such authority;
``(C) assess the importance of information received under
the national security letters to the intelligence activities
of the element of the intelligence community; and
``(D) examine the manner in which information received
under the national security letters was collected, retained,
analyzed, and disseminated.
``(2) Submission dates for assessment.--
``(A) Calendar years 2007 through 2009.--Not later than
September 30, 2011, the Inspector General of each element of
the intelligence community that conducts an assessment under
this subsection shall submit to the Committee on the
Judiciary and the Select Committee on Intelligence of the
Senate and the Committee on the Judiciary and the Permanent
Select Committee on Intelligence of the House of
Representatives a report containing the results of the
assessment for calendar years 2007 through 2009.
``(B) Calendar years 2010 and 2011.--Not later than
December 31, 2012, the Inspector General of any element of
the intelligence community that conducts an assessment under
this subsection shall submit to the Committee on the
Judiciary and the Select Committee on Intelligence of the
Senate and the Committee on the Judiciary and the Permanent
Select Committee on Intelligence of the House of
Representatives a report containing the results of the
assessment for calendar years 2010 and 2011.'';
(6) in subsection (e), as redesignated by paragraph (4)--
(A) in paragraph (1)--
(i) by striking ``a report under subsection (c)(1) or
(c)(2)'' and inserting ``any report under subsection (c) or
(d)''; and
(ii) by inserting ``and any Inspector General of an element
of the intelligence community that submits a report under
this section'' after ``Justice''; and
(B) in paragraph (2), by striking ``the reports submitted
under subsection (c)(1) or (c)(2)'' and inserting ``any
report submitted under subsection (c) or (d)''; and
[[Page S281]]
(7) in subsection (f), as redesignated by paragraph (4)--
(A) by striking ``The reports submitted under subsections
(c)(1) or (c)(2)'' and inserting ``Each report submitted
under subsection (c)''; and
(B) by striking ``subsection (d)(2)'' and inserting
``subsection (e)(2)''.
(c) Pen Registers and Trap and Trace Devices.--
(1) Audits.--The Inspector General of the Department of
Justice shall perform comprehensive audits of the
effectiveness and use, including any improper or illegal use,
of pen registers and trap and trace devices under title IV of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1841 et seq.) during the period beginning on January 1, 2007
and ending on December 31, 2011.
(2) Requirements.--The audits required under paragraph (1)
shall include--
(A) an examination of the use of pen registers and trap and
trace devices under title IV of the Foreign Intelligence
Surveillance Act of 1978 for calendar years 2007 through
2011;
(B) an examination of the installation and use of a pen
register or trap and trace device on emergency bases under
section 403 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1843);
(C) any noteworthy facts or circumstances relating to the
use of a pen register or trap and trace device under title IV
of the Foreign Intelligence Surveillance Act of 1978,
including any improper or illegal use of the authority
provided under that title; and
(D) an examination of the effectiveness of the authority
under title IV of the Foreign Intelligence Surveillance Act
of 1978 as an investigative tool, including--
(i) the importance of the information acquired to the
intelligence activities of the Federal Bureau of
Investigation;
(ii) the manner in which the information is collected,
retained, analyzed, and disseminated by the Federal Bureau of
Investigation, including any direct access to the information
provided to any other department, agency, or instrumentality
of Federal, State, local, or tribal governments or any
private sector entity;
(iii) with respect to calendar years 2010 and 2011, an
examination of the minimization procedures of the Federal
Bureau of Investigation used in relation to pen registers and
trap and trace devices under title IV of the Foreign
Intelligence Surveillance Act of 1978 and whether the
minimization procedures protect the constitutional rights of
United States persons;
(iv) whether, and how often, the Federal Bureau of
Investigation used information acquired under a pen register
or trap and trace device under title IV of the Foreign
Intelligence Surveillance Act of 1978 to produce an
analytical intelligence product for distribution within the
Federal Bureau of Investigation, to the intelligence
community, or to another department, agency, or
instrumentality of Federal, State, local, or tribal
governments; and
(v) whether, and how often, the Federal Bureau of
Investigation provided information acquired under a pen
register or trap and trace device under title IV of the
Foreign Intelligence Surveillance Act of 1978 to law
enforcement authorities for use in criminal proceedings.
(3) Submission dates.--
(A) Calendar years 2007 through 2009.--Not later than
September 30, 2011, the Inspector General of the Department
of Justice shall submit to the Committee on the Judiciary and
the Select Committee on Intelligence of the Senate and the
Committee on the Judiciary and the Permanent Select Committee
on Intelligence of the House of Representatives a report
containing the results of the audits conducted under
paragraph (1) for calendar years 2007 through 2009.
(B) Calendar years 2010 and 2011.--Not later than December
31, 2012, the Inspector General of the Department of Justice
shall submit to the Committee on the Judiciary and the Select
Committee on Intelligence of the Senate and the Committee on
the Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives a report
containing the results of the audits conducted under
paragraph (1) for calendar years 2010 and 2011.
(4) Intelligence assessment.--
(A) In general.--For the period beginning January 1, 2007
and ending on December 31, 2011, the Inspector General of any
element of the intelligence community outside of the
Department of Justice that used information acquired under a
pen register or trap and trace device under title IV of the
Foreign Intelligence Surveillance Act of 1978 in the
intelligence activities of the element of the intelligence
community shall--
(i) assess the importance of the information to the
intelligence activities of the element of the intelligence
community;
(ii) examine the manner in which the information was
collected, retained, analyzed, and disseminated;
(iii) describe any noteworthy facts or circumstances
relating to orders under title IV of the Foreign Intelligence
Surveillance Act of 1978 as the orders relate to the element
of the intelligence community; and
(iv) examine any minimization procedures used by the
element of the intelligence community in relation to pen
registers and trap and trace devices under title IV of the
Foreign Intelligence Surveillance Act of 1978 and whether the
minimization procedures protect the constitutional rights of
United States persons.
(B) Submission dates for assessment.--
(i) Calendar years 2007 through 2009.--Not later than
September 30, 2011, the Inspector General of each element of
the intelligence community that conducts an assessment under
this paragraph shall submit to the Committee on the Judiciary
and the Select Committee on Intelligence of the Senate and
the Committee on the Judiciary and the Permanent Select
Committee on Intelligence of the House of Representative a
report containing the results of the assessment for calendar
years 2007 through 2009.
(ii) Calendar years 2010 and 2011.--Not later than December
31, 2012, the Inspector General of each element of the
intelligence community that conducts an assessment under this
paragraph shall submit to the Committee on the Judiciary and
the Select Committee on Intelligence of the Senate and the
Committee on the Judiciary and the Permanent Select Committee
on Intelligence of the House of Representative a report
containing the results of the assessment for calendar years
2010 and 2011.
(5) Prior notice to attorney general and director of
national intelligence; comments.--
(A) Notice.--Not later than 30 days before the submission
of any report paragraph (3) or (4), the Inspector General of
the Department of Justice and any Inspector General of an
element of the intelligence community that submits a report
under this subsection shall provide the report to the
Attorney General and the Director of National Intelligence.
(B) Comments.--The Attorney General or the Director of
National Intelligence may provide such comments to be
included in any report submitted under paragraph (3) or (4)
as the Attorney General or the Director of National
Intelligence may consider necessary.
(6) Unclassified form.--Each report submitted under
paragraph (3) and any comments included in that report under
paragraph (5)(B) shall be in unclassified form, but may
include a classified annex.
(d) Definitions.--In this section--
(1) the terms ``foreign intelligence information'' and
``United States person'' have the meanings given those terms
in section 101 of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801); and
(2) the term ``intelligence community'' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 401a).
SEC. 11. DELAYED NOTICE SEARCH WARRANTS.
Section 3103a(b)(3) of title 18, United States Code, is
amended by striking ``30 days'' and inserting ``7 days''.
SEC. 12. PROCEDURES.
(a) In General.--The Attorney General shall periodically
review, and revise as necessary, the procedures adopted by
the Attorney General on October 1, 2010 for the collection,
use, and storage of information obtained in response to a
national security letter issued under section 2709 of title
18, United States Code, section 1114(a)(5) of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414(5)), section
626 of the Fair Credit Reporting Act (15 U.S.C. 1681u), or
section 627 of the Fair Credit Reporting Act (15 U.S.C.
1681v).
(b) Considerations.--In reviewing and revising the
procedures described in subsection (a), the Attorney General
shall give due consideration to the privacy interests of
individuals and the need to protect national security.
(c) Revisions to Procedures and Oversight.--If the Attorney
General makes any significant changes to the procedures
described in subsection (a), the Attorney General shall
notify and submit a copy of the changes to the Committee on
the Judiciary and the Select Committee on Intelligence of the
Senate and the Committee on the Judiciary and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 13. SEVERABILITY.
If any provision of this Act or an amendment made by this
Act, or the application of the provision to any person or
circumstance, is held to be unconstitutional, the remainder
of this Act and the amendments made by this Act, and the
application of the provisions of this Act and the amendments
made by this Act to any other person or circumstance, shall
not be affected thereby.
SEC. 14. OFFSET.
Of the unobligated balances available in the Department of
Justice Assets Forfeiture Fund established under section
524(c)(1) of title 28, United States Code, $5,000,000 are
permanently rescinded and shall be returned to the general
fund of the Treasury.
SEC. 15. EFFECTIVE DATE.
The amendments made by sections 3, 4, 5, 6, 7, and 11 shall
take effect on the date that is 120 days after the date of
enactment of this Act.
______
By Mr. McCONNELL (for himself, Mr. Coburn, and Mr. Johanns):
S. 194. A bill to reduce Fedeal spending and the deficit by
terminating taxpayer financing of presidential election campaigns and
party conventions; to the Committee on Finance.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the text
of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
[[Page S282]]
S. 194
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL
ELECTION CAMPAIGNS.
(a) Termination of Designation of Income Tax Payments.--
Section 6096 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new subsection:
``(d) Termination.--This section shall not apply to taxable
years beginning after December 31, 2009.''.
(b) Termination of Fund and Account.--
(1) Termination of presidential election campaign fund.--
(A) In general.--Chapter 95 of subtitle H of such Code is
amended by adding at the end the following new section:
``SEC. 9014. TERMINATION.
``The provisions of this chapter shall not apply with
respect to any presidential election (or any presidential
nominating convention) after the date of the enactment of
this section, or to any candidate in such an election.''.
(B) Transfer of excess funds to general fund.--Section 9006
of such Code is amended by adding at the end the following
new subsection:
``(d) Transfer of Funds Remaining After Termination.--The
Secretary shall transfer all amounts in the fund after the
date of the enactment of this section to the general fund of
the Treasury.''.
(2) Termination of account.--Chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
section:
``SEC. 9043. TERMINATION.
``The provisions of this chapter shall not apply to any
candidate with respect to any presidential election after the
date of the enactment of this section.''.
(c) Clerical Amendments.--
(1) The table of sections for chapter 95 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9014. Termination.''.
(2) The table of sections for chapter 96 of subtitle H of
such Code is amended by adding at the end the following new
item:
``Sec. 9043. Termination.''.
______
By Mr. REID (for Mr. Rockefeller (for himself, Mr. Cornyn, Mr.
Kohl, and Ms. Snowe):
S. 195. A bill to reinstate Federal matching of State spending of
child support incentive payments; to the Committee on Finance.
Mr. ROCKEFELLER. Mr. President, today, I rise to introduce the Child
Support Protection Act of 2011 with my colleagues, Senators Cornyn,
Kohl, and Snowe. This bill continues the long-standing, bipartisan
support of Congress for the Child Support Enforcement program, which
began with the passage of the authorizing legislation in 1974.
Child support enforcement is a strong partnership between the Federal
Government and State governments to help parents provide long-term
support for their children. It includes a network of 60,000 dedicated
staff serving 17 million children across this country. It provided
$24.4 billion to children in 2009. The Congressional Research Service
reports that receipt of child support reduces child poverty by nearly
25 percent. The Urban Institute estimates that $4 in child support
expenditures reduces spending in other public programs by $5.
So, the Child Support Enforcement program's results are impressive
and it is widely recognized as one of the most effective programs
operated by the Federal Government. In fact, the program is notable for
collecting $4.78 for each dollar of expenditure. It is a true bargain
that works well.
Child support programs do much more than just collect money. It works
with noncustodial parents who need employment so that they can make
regular payments. Child support staff also plays a critical role in
times of high unemployment, by processing adjustments to support orders
so that noncustodial parents do not fall hopelessly behind.
When Congress passed the Child Support Performance and Incentive Act
of 1998, CSPIA, it created an innovative incentive program that rewards
efficient, results-oriented child support enforcement efforts. These
earned performance incentives must be used for child support
activities. One of every four dollars from State expenditures to fund
the child support program comes from CSPIA incentives and matched
Federal funds. The Deficit Reduction Act, DRA, of 2005 repealed the
authority to use the earned performance incentives as a match for
Federal funds. The bill we have introduced today reverses the funding
reduction imposed by the DRA.
States are using the incentives in a variety of ways. In my State of
West Virginia, the incentive dollars are being used to invest in
technology to upgrade services and enhance customer service. Thirty
States or territories are investing in staff and program operations.
Sixteen States are investing in technology, and three others are
investing in customer service programs.
The Child Support Protection Act would give States the authority to
use earned performance incentives to fund this important work and
continue the impressive results that are being achieved. This permanent
reversal is critical so that those in State and local government can
budget for the future. I urge my colleagues in the Senate to cosponsor
this much needed legislation that is not only important to child
support enforcement, but our children, their families, and the States.
______
By Mr. McCAIN (for himself and Mr. Kyl):
S. 201. A bill to clarify the jurisdiction of the Secretary of the
Interior with respect to the C.C. Cragin Dam and Reservoir, and for
other purposes; to the Committee on Energy and Natural Resources.
Mr. McCAIN. Mr. President, I am pleased to be joined by my colleague,
Senator Kyl, in introducing a bill that would clarify the jurisdiction
of the Bureau of Reclamation over program activities associated with
the C.C. Cragin Project in northern Arizona. A companion measure is
being introduced today in the House by Congressman Paul Gosar from
Arizona.
Pursuant to the Arizona Water Settlements Act of 2004, AWSA, Congress
authorized the Secretary of the Interior to accept from the Salt River
Project, SRP, title of the C.C. Cragin Dam and Reservoir for the
express use of the Salt River Federal Reclamation Project. While it is
clear that Congress intended to transfer jurisdiction of the Cragin
Project to the Department of the Interior, and in particular, the
Bureau of Reclamation, the lands underlying the Project are technically
located within the Coconino National Forest and the Tonto National
Forest. This has resulted in a disagreement between the Bureau of
Reclamation and the National Forest Service concerning jurisdiction
over the operation and management activities of the Cragin Project.
For more than 5 years, SRP and Reclamation have attempted to reach an
agreement with the Forest Service that recognizes Reclamation's
paramount jurisdiction over the Cragin Project. Unfortunately, the
Forest Service maintains that this technical ambiguity under the AWSA
implies they have a regulatory role in approving Cragin Project
operations and maintenance. This bill represents a negotiated
compromise between the agencies and our offices that appropriately
clarifies each agency's role with respect to the Dam and the Federal
lands surrounding it. A similar bill was introduced during the 111th
Congress and was reported with an amendment by the Senate Energy and
Natural Resources Committee. The version we are introducing today is
identical to the Committee reported bill.
Speedy resolution of this jurisdictional issue is urgently needed in
order to address repairs and other operational needs of the Cragin
Project, including planning for the future water needs of the City of
Payson and other northern Arizona communities. This clarification would
simply provide Reclamation with the oversight responsibility that
Congress originally intended. I urge my colleagues to support this
bill.
______
By Mr. PAUL (for himself, Mr. DeMint, and Mr. Vitter):
S. 202. A bill to require a full audit of the Board of Governors of
the Federal Reserve System and the Federal reserve banks by the
Comptroller General of the United States before the end of 2012, and
for other purposes; to the Committee on Banking, Housing, and Urban
Affairs.
Mr. PAUL. 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. 202
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page S283]]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Reserve Transparency
Act of 2011''.
SEC. 2. AUDIT REFORM AND TRANSPARENCY FOR THE BOARD OF
GOVERNORS OF THE FEDERAL RESERVE SYSTEM.
(a) In General.--Notwithstanding section 714 of title 31,
United States Code, or any other provision of law, an audit
of the Board of Governors of the Federal Reserve System and
the Federal reserve banks under subsection (b) of such
section 714 shall be completed before the end of 2012.
(b) Report.--
(1) In general.--A report on the audit required under
subsection (a) shall be submitted by the Comptroller General
to the Congress before the end of the 90-day period beginning
on the date on which such audit is completed and made
available to the Speaker of the House of Representatives, the
majority and minority leaders of the House of
Representatives, the majority and minority leaders of the
Senate, the Chairman and Ranking Member of the committee and
each subcommittee of jurisdiction in the House of
Representatives and the Senate, and any other Member of
Congress who requests it.
(2) Contents.--The report under paragraph (1) shall include
a detailed description of the findings and conclusion of the
Comptroller General with respect to the audit that is the
subject of the report, together with such recommendations for
legislative or administrative action as the Comptroller
General may determine to be appropriate.
(c) Repeal of Certain Limitations.--Subsection (b) of
section 714 of title 31, United States Code, is amended by
striking all after ``in writing.''.
(d) Technical and Conforming Amendment.--Section 714 of
title 31, United States Code, is amended by striking
subsection (f).
______
By Mr. LIEBERMAN (for himself, Ms. Collins, Mrs. Feinstein, Mr.
Alexander, and Mr. Ensign):
S. 206. A bill to reauthorize the DC Opportunity Scholarship Program,
and for other purposes; to the Committee on Homeland Security and
Governmental Affairs.
Mr. LIEBERMAN. Mr. President, I rise today to introduce the
Scholarships for Opportunity and Results Act--SOAR--which seeks to
reauthorize the DC Opportunity Scholarship Program or OSP. And I am
proud to be joined by a bipartisan group of Senators in introducing
this bill--Senator Collins, Senator Feinstein, Senator Alexander and
Senator Ensign.
The DC Opportunity Scholarship Program offers scholarships to low-
income students, especially those from failing schools, to attend
private schools where they can get a better education. This program
offers District of Columbia students and their families a choice that
improves the quality of their education and significantly increases
their likelihood of graduating from high school and attending college.
Here in Washington, there are many families who can exercise school
choice. They can afford to live in neighborhoods with good schools,
they can provide engaging supplemental and afterschool opportunities
for their children, or they can choose to send their children to
private schools. However, there are many low-income families whose
children are trapped in failing schools and do not have those options.
School reformers in Washington, through their hard work and, at
times, controversial policies, have begun to make a difference for
students in the District of Columbia. I applaud the work of Michelle
Rhee and her team in their tireless efforts to make the District's
schools better. I am pleased that Mayor Gray has indicated he will
continue school reform because there is much more work to do on behalf
of Washington's schoolchildren. District of Columbia test scores are on
the rise but even so, according to recent National Assessment of
Educational Progress data, the District of Columbia, while having one
of the highest per pupil expenditures in the country, settles at the
bottom of all states in reading and math for both 4th and 8th grade
students. District of Columbia schools also have among the lowest
graduation rates in the country.
We all know that meaningful and effective change is slow and we still
have a long way to go before we can be confident that each student in
the District is getting the public education they deserve. Ronald
Holassie, a high school student in the OSP, expressed the implications
of this well when he said ``public schools in the District did not go
bad over night and they won't get better over night.'' Students cannot
wait for reforms to take effect in the worst of the District's public
schools--they need a good education right now if they are going to be
able to fulfill their potential. The Opportunity Scholarships respond
to that immediate need.
One of the goals of the OSP is holistic support of the reforms that
are helping to improve education in all sectors of education here in
the District. Since 2003, Congress has supported a tri-sector approach
by appropriating new funds for District public schools, District public
charter schools and the Opportunity Scholarship Program. Critics of the
OSP argue that it takes away funds from public schools. That is simply
not true. The scholarship program was intentionally designed to ensure
that any funding for Opportunity Scholarships would not reduce funding
for public schools. This legislation will provide additional new money
for the District of Columbia's Public Schools, for District of Columbia
Public Charter Schools, and for the continuation of the Opportunity
Scholarship Program. We have not changed the three part funding design
of the initiative.
The SOAR Act also strengthens the existing requirements for all
schools participating in the OSP by requiring a valid certificate of
occupancy and ensuring that teachers in core subjects have an
appropriate college degree. The bill continues to target students from
lower income families who are attending those schools most in need of
improvement and it increases the tuition amounts slightly to levels
consistent with the tuition charged at typical participating schools.
The new amounts are still well below the per pupil cost of educating a
child in the District of Columbia public schools. While we have kept
the income ceiling for entry into the program unchanged, we have
increased slightly the income ceiling for those already participating
in the program to ensure that parents are not forced to choose between
a modest raise in their income and the scholarship.
The most recent study conducted by the Department of Education's
Institute of Education Science shows that the offer of an OSP
scholarship raised a student's probability of completing high school by
twelve percentage points overall. The offer of a scholarship improved
the graduation prospects by thirteen percentage points for the high-
priority group of students from schools designated ``Schools in Need of
Improvement'' and for those students actually using an OSP scholarship
the improved graduation rate went up to twenty percentage points. In
the District of Columbia, where the graduation rates are among the
lowest in the country, this is important data that cannot be
overlooked. Overall, parents of OSP students were more satisfied and
felt school was safer if their child was offered or used an OSP
scholarship.
In a landmark education speech at the outset of his presidency,
President Obama promised that Education Secretary Arne Duncan ``will
use only one test when deciding what ideas to support . . . : It's not
whether an idea is liberal or conservative, but whether it works.'' By
that standard, this program should be continued. It is not a
Democratic, Republican, or Independent program--it is not a liberal or
conservative program--it is a program that puts children first. The
Opportunity Scholarship Program works as evidenced by increased
graduation rates, higher reading proficiency, and the overwhelming
support of District families. I urge Republicans and Democrats to rally
behind the OSP program. Last year we had a vote on the bill that
received the support of 42 Senators. In this Congress, I will be
fighting for another vote and am confident there will be more than 50
votes to reauthorize the program. With these votes and the strong
support of Speaker Boehner I am hopeful we can give students here in
the District the opportunities they deserve.
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. 206
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 ``Scholarships for Opportunity
and Results Act of 2011'' or the ``SOAR Act''.
SEC. 2. FINDINGS.
Congress finds the following:
[[Page S284]]
(1) Parents are best equipped to make decisions for their
children, including the educational setting that will best
serve the interests and educational needs of their child.
(2) For many parents in the District of Columbia, public
school choice provided under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left Behind
Act of 2001, as well as under other public school choice
programs, is inadequate. More educational options are needed
to ensure all families in the District of Columbia have
access to a quality education. In particular, funds are
needed to provide low-income parents with enhanced public
opportunities and private educational environments,
regardless of whether such environments are secular or
nonsecular.
(3) While the per-student cost for students in the public
schools of the District of Columbia is one of the highest in
the United States, test scores for such students continue to
be among the lowest in the Nation. The National Assessment of
Educational Progress (NAEP), an annual report released by the
National Center for Education Statistics, reported in its
2009 study that students in the District of Columbia were
being outperformed by every State in the Nation. On the 2009
NAEP, 56 percent of fourth grade students scored ``below
basic'' in reading, and 44 percent scored ``below basic'' in
mathematics. Among eighth grade students, 49 percent scored
``below basic'' in reading and 60 percent scored ``below
basic'' in mathematics. On the 2009 NAEP reading assessment,
only 17 percent of the District of Columbia fourth grade
students could read proficiently, while only 13 percent of
the eighth grade students scored at the proficient or
advanced level.
(4) In 2003, Congress passed the DC School Choice Incentive
Act of 2003 (Public Law 108-199, 118 Stat. 126), to provide
opportunity scholarships to parents of students in the
District of Columbia to enable them to pursue a high quality
education at a public or private elementary or secondary
school of their choice. The DC opportunity scholarship
program (DC OSP) under such Act was part of a comprehensive
3-part funding arrangement that also included additional
funds for the District of Columbia public schools, and
additional funds for public charter schools of the District
of Columbia. The intent of the approach was to ensure that
progress would continue to be made to improve public schools
and public charter schools, and that funding for the
opportunity scholarship program would not lead to a reduction
in funding for the District of Columbia public and charter
schools. Resources would be available for a variety of
educational options that would give families in the District
of Columbia a range of choices with regard to the education
of their children.
(5) The DC OSP was established in accordance with the U.S.
Supreme Court decision, Zelman v. Simmons-Harris, 536 U.S.
639 (2002), which found that a program enacted for the valid
secular purpose of providing educational assistance to low-
income children in a demonstrably failing public school
system is constitutional if it is neutral with respect to
religion and provides assistance to a broad class of citizens
who direct government aid to religious and secular schools
solely as a result of their genuine and independent private
choices.
(6) Since the inception of the DC OSP, it has consistently
been oversubscribed. Parents express strong support for the
opportunity scholarship program. Rigorous studies of the
program by the Institute of Education Sciences have shown
significant improvements in parental satisfaction and in
reading scores that are more dramatic when only those
students consistently using the scholarships are considered.
The program also was found to result in significantly higher
graduation rates for DC OSP students.
(7) The DC OSP is a program that offers families in need,
in the District of Columbia, important alternatives while
public schools are improved. This program should be
reauthorized as 1 part of a 3-part comprehensive funding
strategy for the District of Columbia school system that
provides new and equal funding for public schools, public
charter schools, and opportunity scholarships for students to
attend private schools.
SEC. 3. PURPOSE.
The purpose of this Act is to provide low-income parents
residing in the District of Columbia, particularly parents of
students who attend elementary schools or secondary schools
identified for improvement, corrective action, or
restructuring under section 1116 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316), with
expanded opportunities for enrolling their children in other
schools in the District of Columbia, at least until the
public schools in the District of Columbia have adequately
addressed shortfalls in health, safety, and security, and the
students in the District of Columbia public schools are
testing in mathematics and reading at or above the national
average.
SEC. 4. GENERAL AUTHORITY.
(a) Authority.--From amounts made available to carry out
this section in accordance with section 14(b)(1), the
Secretary shall award grants on a competitive basis to
eligible entities with approved applications under section 5
to carry out a program to provide eligible students with
expanded school choice opportunities. The Secretary may award
a single grant or multiple grants, depending on the quality
of applications submitted and the priorities of this Act.
(b) Duration of Grants.--The Secretary shall make grants
under this section for a period of not more than 5 years.
(c) Memorandum of Understanding.--
(1) In general.--The Secretary and the Mayor of the
District of Columbia shall enter into a memorandum of
understanding regarding the implementation of the program
authorized under subsection (a) and the funding described in
paragraphs (2) and (3) of section 14(b).
(2) Contents.--The memorandum of understanding shall
address how the Mayor of the District of Columbia will ensure
that the public schools and the public charter schools of the
District of Columbia comply with all reasonable requests for
information as necessary to fulfill the requirements for
evaluations conducted under section 9.
(d) Special Rules.--
(1) Use of funds.--Notwithstanding any other provision of
law, funds appropriated for the DC opportunity scholarship
program under the Omnibus Appropriations Act, 2009 (Public
Law 111-8, 123 Stat. 654), the Consolidated Appropriations
Act of 2010 (Public Law 111-117, 123 Stat. 3181), or any
other Act, shall be available until expended and may be used
to provide opportunity scholarships under section 7 to new
applicants.
(2) Repeal of site inspection and reporting requirements.--
The fourth and fifth provisos under the heading ``Federal
Payment for School Improvement'' of title IV of Division C of
the Consolidated Appropriations Act of 2010 (Public Law 111-
117, 123 Stat. 3182) are repealed. Any unobligated amounts
reserved to carry out such provisos shall be made available
to an eligible entity for administrative purposes or for
opportunity scholarships under a grant under subsection (a),
including for opportunity scholarships for new applicants for
the 2011-2012 school year.
SEC. 5. APPLICATIONS.
(a) In General.--In order to receive a grant under section
4(a), an eligible entity shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may require.
(b) Contents.--The Secretary may not approve the request of
an eligible entity for a grant under section 4(a) unless the
entity's application includes--
(1) a detailed description of--
(A) how the entity will address the priorities described in
section 6;
(B) how the entity will ensure that if more eligible
students seek admission in the program than the program can
accommodate, eligible students are selected for admission
through a random selection process which gives weight to the
priorities described in section 6;
(C) how the entity will ensure that if more participating
eligible students seek admission to a participating school
than the school can accommodate, participating eligible
students are selected for admission through a random
selection process;
(D) how the entity will notify parents of eligible students
of the expanded choice opportunities in order to allow the
parents to make informed decisions;
(E) the activities that the entity will carry out to
provide parents of eligible students with expanded choice
opportunities through the awarding of scholarships under
section 7(a);
(F) how the entity will determine the amount that will be
provided to parents for the tuition, fees, and transportation
expenses, if any;
(G) how the entity will--
(i) seek out private elementary schools and secondary
schools in the District of Columbia to participate in the
program; and
(ii) ensure that participating schools will meet the
reporting and other requirements of this Act, and accommodate
site visits in accordance with section 7(a)(4)(D);
(H) how the entity will ensure that participating schools
are financially responsible and will use the funds received
under a grant under section 4(a) effectively;
(I) how the entity will address the renewal of scholarships
to participating eligible students, including continued
eligibility; and
(J) how the entity will ensure that a majority of its
voting board members or governing organization are residents
of the District of Columbia; and
(2) an assurance that the entity will comply with all
requests regarding any evaluation carried out under section
9.
SEC. 6. PRIORITIES.
In awarding grants under section 4(a), the Secretary shall
give priority to applications from eligible entities that
will most effectively--
(1) give priority to eligible students who, in the school
year preceding the school year for which the eligible student
is seeking a scholarship, attended an elementary school or
secondary school identified for improvement, corrective
action, or restructuring under section 1116 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6316);
(2) give priority to students whose household includes a
sibling or other child who is already participating in the
program of the eligible entity under section 4(a), regardless
of whether such students have, in the past, been assigned as
members of a control study group for the purposes of an
evaluation under section 9;
(3) target resources to students and families that lack the
financial resources to take advantage of available
educational options; and
[[Page S285]]
(4) provide students and families with the widest range of
educational options.
SEC. 7. USE OF FUNDS.
(a) Opportunity Scholarships.--
(1) In general.--Subject to paragraphs (2) and (3), an
eligible entity receiving a grant under section 4(a) shall
use the grant funds to provide eligible students with
opportunity scholarships to pay the tuition, fees, and
transportation expenses, if any, to enable the eligible
students to attend the District of Columbia private
elementary school or secondary school of their choice
beginning in school year 2011-2012. Each such eligible entity
shall ensure that the amount of any tuition or fees charged
by a school participating in such eligible entity's program
under section 4(a) to an eligible student participating in
the program does not exceed the amount of tuition or fees
that the school charges to students who do not participate in
the program.
(2) Payments to parents.--An eligible entity receiving a
grant under section 4(a) shall make scholarship payments
under the program under section 4(a) to the parent of the
eligible student participating in the program, in a manner
which ensures that such payments will be used for the payment
of tuition, fees, and transportation expenses (if any), in
accordance with this Act.
(3) Amount of assistance.--
(A) Varying amounts permitted.--Subject to the other
requirements of this section, an eligible entity receiving a
grant under section 4(a) may award scholarships in larger
amounts to those eligible students with the greatest need.
(B) Annual limit on amount.--
(i) Limit for school year 2011-2012.--The amount of
assistance provided to any eligible student by an eligible
entity under a program under section 4(a) for school year
2011-2012 may not exceed--
(I) $8,000 for attendance in kindergarten through grade 8;
and
(II) $12,000 for attendance in grades 9 through 12.
(ii) Cumulative inflation adjustment.--The limits described
in clause (i) shall apply for each school year following
school year 2011-2012, except that the Secretary shall adjust
the maximum amounts of assistance (as described in clause (i)
and adjusted under this clause for the preceding year) for
inflation, as measured by the percentage increase, if any,
from the preceding fiscal year in the Consumer Price Index
for All Urban Consumers, published by the Bureau of Labor
Statistics of the Department of Labor.
(4) Participating school requirements.--None of the funds
provided under subsection (a) for opportunity scholarships
may be used by an eligible student to enroll in a
participating private school unless the participating
school--
(A) has and maintains a valid certificate of occupancy
issued by the District of Columbia;
(B) makes readily available to all prospective students
information on its school accreditation;
(C) in the case of a school that has been operating for 5
years or less, submits to the eligible entity administering
the program proof of adequate financial resources reflecting
the financial sustainability of the school and the school's
ability to be in operation through the school year;
(D) agrees to submit to site visits as determined to be
necessary by the eligible entity, except that a participating
school shall not be required to submit to more than one site
visit per year;
(E) has financial systems, controls, policies, and
procedures to ensure that funds are used in accordance with
the requirements of this Act; and
(F) ensures that each teacher of core subject matter in the
school has a baccalaureate degree or equivalent degree.
(b) Administrative Expenses.--An eligible entity receiving
a grant under section 4(a) may use not more than 3 percent of
the amount provided under the grant each year for the
administrative expenses of carrying out its program under
such section during the year, including--
(1) determining the eligibility of students to participate;
(2) selecting eligible students to receive scholarships;
(3) determining the amount of scholarships and issuing the
scholarships to eligible students; and
(4) compiling and maintaining financial and programmatic
records.
(c) Parental Assistance.--An eligible entity receiving a
grant under section 4(a) may use not more than 2 percent of
the amount provided under the grant each year for the
expenses of educating parents about the program under this
Act and assisting parents through the application process
under this Act during the year, including--
(1) providing information about the program and the
participating schools to parents of eligible students;
(2) providing funds to assist parents of students in
meeting expenses that might otherwise preclude the
participation of eligible students in the program; and
(3) streamlining the application process for parents.
(d) Student Academic Assistance.--An eligible entity
receiving a grant under section 4(a) may use not more than 1
percent of the amount provided under the grant each year for
expenses to provide tutoring services to participating
eligible students that need additional academic assistance in
the students' new schools. If there are insufficient funds to
pay for these costs for all such students, the eligible
entity shall give priority to students who previously
attended an elementary school or secondary school that was
identified for improvement, corrective action, or
restructuring under section 1116 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316) as of the
time the student attended the school.
SEC. 8. NONDISCRIMINATION.
(a) In General.--An eligible entity or a school
participating in any program under this Act shall not
discriminate against program participants or applicants on
the basis of race, color, national origin, religion, or sex.
(b) Applicability and Single Sex Schools, Classes, or
Activities.--
(1) In general.--Notwithstanding any other provision of
law, the prohibition of sex discrimination in subsection (a)
shall not apply to a participating school that is operated
by, supervised by, controlled by, or connected to a religious
organization to the extent that the application of subsection
(a) is inconsistent with the religious tenets or beliefs of
the school.
(2) Single sex schools, classes, or activities.--
Notwithstanding subsection (a) or any other provision of law,
a parent may choose and a school may offer a single sex
school, class, or activity.
(3) Applicability.--For purposes of this Act, the
provisions of section 909 of the Education Amendments of 1972
(20 U.S.C. 1688) shall apply to this Act as if section 909 of
the Education Amendments of 1972 (20 U.S.C. 1688) were part
of this Act.
(c) Children With Disabilities.--Nothing in this Act may be
construed to alter or modify the provisions of the
Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.).
(d) Religiously Affiliated Schools.--
(1) In general.--Notwithstanding any other provision of
law, a school participating in any program under this Act
that is operated by, supervised by, controlled by, or
connected to, a religious organization may exercise its right
in matters of employment consistent with title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-1 et seq.),
including the exemptions in such title.
(2) Maintenance of purpose.--Notwithstanding any other
provision of law, funds made available under section 7(a) to
eligible students, which are used at a participating school
as a result of their parents' choice, shall not, consistent
with the first amendment of the United States Constitution,
necessitate any change in the participating school's teaching
mission, require any participating school to remove religious
art, icons, scriptures, or other symbols, or preclude any
participating school from retaining religious terms in its
name, selecting its board members on a religious basis, or
including religious references in its mission statements and
other chartering or governing documents.
(e) Rule of Construction.--A scholarship (or any other form
of support provided to parents of eligible students) provided
under section 7(a) shall be considered assistance to the
student and shall not be considered assistance to the school
that enrolls the eligible student. The amount of any such
scholarship (or other form of support provided to parents of
an eligible student) shall not be treated as income of the
parents for purposes of Federal tax laws or for determining
eligibility for any other Federal program.
SEC. 9. EVALUATIONS.
(a) In General.--
(1) Duties of the secretary and the mayor.--The Secretary
and the Mayor of the District of Columbia shall--
(A) jointly enter into an agreement with the Institute of
Education Sciences of the Department of Education to evaluate
annually the performance of students who received
scholarships under the 5-year program under section 4(a), and
the Mayor shall ensure that, for the purposes of this
evaluation, all public and public charter schools of the
District of Columbia comply with all reasonable requests for
information;
(B) jointly enter into an agreement to monitor and evaluate
the use of funds authorized and appropriated under paragraphs
(2) and (3) of section 14(b) for the public schools and
public charter schools of the District of Columbia; and
(C) make the evaluations public in accordance with
subsection (c).
(2) Duties of the secretary.--The Secretary, through a
grant, contract, or cooperative agreement, shall--
(A) ensure that the evaluation under paragraph (1)(A) is
conducted using the strongest possible research design for
determining the effectiveness of the program funded under
section 4(a) that addresses the issues described in paragraph
(4); and
(B) disseminate information on the impact of the program in
increasing the academic growth and achievement of
participating students, and on the impact of the program on
students and schools in the District of Columbia.
(3) Duties of the institute of education sciences.--The
Institute of Education Sciences shall--
(A) use a grade appropriate measurement each school year to
assess participating eligible students;
(B) measure the academic achievement of all participating
eligible students; and
(C) work with the eligible entities to ensure that the
parents of each student who applies for an opportunity
scholarship under a
[[Page S286]]
program under section 4(a) (regardless of whether the student
receives the scholarship) and the parents of each student
participating in the scholarship program under section 4(a),
agree that the student will participate in the measurements
given annually by the Institute of Education Sciences for the
period for which the student applied for or received the
scholarship, respectively, except that nothing in this
subparagraph shall affect a student's priority for an
opportunity scholarship as provided under section 6(2).
(4) Issues to be evaluated.--The issues to be evaluated
include--
(A) a comparison of the academic growth and achievement of
participating eligible students in the measurements described
in this section with the academic growth and achievement of
eligible students in the same grades in the public schools
and public charter schools of the District of Columbia, who
sought to participate in the scholarship program but were not
selected;
(B) the success of the program in expanding choice options
for parents, improving parental and student satisfaction, and
increasing parental involvement in the education of their
children;
(C) the reasons parents choose for their children to
participate in the program;
(D) a comparison of the retention rates, dropout rates, and
(if appropriate) graduation and college admission rates of
students who participate in the program funded under section
4(a), as compared to the retention rates, dropout rates, and
(if appropriate) graduation and college admission rates of
students of similar backgrounds who do not participate in
such program;
(E) the impact of the program on students, and public
elementary schools and secondary schools, in the District of
Columbia;
(F) a comparison of the safety of the schools attended by
students who participate in the program funded under section
4(a) and the schools attended by students who do not
participate in the program, based on the perceptions of the
students and parents and on objective measures of safety;
(G) such other issues as the Secretary considers
appropriate for inclusion in the evaluation; and
(H) an analysis of the issues described in subparagraphs
(A) through (G) with respect to the subgroup of eligible
students participating in the program funded under section
4(a) who consistently use the opportunity scholarships to
attend a participating school.
(5) Prohibition.--Personally identifiable information
regarding the results of the measurements used for the
evaluations may not be disclosed, except to the parents of
the student to whom the information relates.
(b) Reports.--The Secretary shall submit to the Committees
on Appropriations, Education and the Workforce, and Oversight
and Government Reform of the House of Representatives and the
Committees on Appropriations, Health, Education, Labor, and
Pensions, and Homeland Security and Governmental Affairs of
the Senate--
(1) annual interim reports, not later than December 1 of
each year for which a grant is made under section 4(a), on
the progress and preliminary results of the evaluation of the
program funded under such section; and
(2) a final report, not later than 1 year after the final
year for which a grant is made under section 4(a), on the
results of the evaluation of the program funded under such
section.
(c) Public Availability.--All reports and underlying data
gathered pursuant to this section shall be made available to
the public upon request, in a timely manner following
submission of the applicable report under subsection (b),
except that personally identifiable information shall not be
disclosed or made available to the public.
(d) Limit on Amount Expended.--The amount expended by the
Secretary to carry out this section for any fiscal year may
not exceed 5 percent of the total amount appropriated to
carry out section 4(a) for the fiscal year.
SEC. 10. REPORTING REQUIREMENTS.
(a) Activities Reports.--Each eligible entity receiving
funds under section 4(a) during a year shall submit a report
to the Secretary not later than July 30 of the following year
regarding the activities carried out with the funds during
the preceding year.
(b) Achievement Reports.--
(1) In general.--In addition to the reports required under
subsection (a), each grantee receiving funds under section
4(a) shall, not later than September 1 of the year during
which the second academic year of the grantee's program is
completed and each of the next 2 years thereafter, submit to
the Secretary a report, including any pertinent data
collected in the preceding 2 academic years, concerning--
(A) the academic growth and achievement of students
participating in the program;
(B) the graduation and college admission rates of students
who participate in the program, where appropriate; and
(C) parental satisfaction with the program.
(2) Prohibiting disclosure of personal information.--No
report under this subsection may contain any personally
identifiable information.
(c) Reports to Parent.--
(1) In general.--Each grantee receiving funds under section
4(a) shall ensure that each school participating in the
grantee's program under this Act during a year reports at
least once during the year to the parents of each of the
school's students who are participating in the program on--
(A) the student's academic achievement, as measured by a
comparison with the aggregate academic achievement of other
participating students at the student's school in the same
grade or level, as appropriate, and the aggregate academic
achievement of the student's peers at the student's school in
the same grade or level, as appropriate;
(B) the safety of the school, including the incidence of
school violence, student suspensions, and student expulsions;
and
(C) the accreditation status of the school.
(2) Prohibiting disclosure of personal information.--No
report under this subsection may contain any personally
identifiable information, except as to the student who is the
subject of the report to that student's parent.
(d) Report to Congress.--
(1) Reports by secretary.--The Secretary shall submit to
the Committees on Appropriations, Education and the
Workforce, and Oversight and Government Reform of the House
of Representatives, and the Committees on Appropriations,
Health, Education, Labor, and Pensions, and Homeland Security
and Governmental Affairs of the Senate, an annual report on
the findings of the reports submitted under subsections (a)
and (b).
(2) Reports by mayor.--In order for funds under paragraphs
(2) and (3) of section 14(b) to be made available to the
District of Columbia, the Mayor of the District of Columbia
shall submit to the Committees on Appropriations, the
Committee on Education and the Workforce, and the Committee
on Oversight and Government Reform, of the House of
Representatives, and the Committee on Appropriations, the
Committee on Health, Education, Labor, and Pensions, and the
Committee on Homeland Security and Governmental Affairs of
the Senate, information on--
(A) how the funds authorized and appropriated under
paragraphs (2) and (3) of section 14(b) for the public
schools and public charter schools of the District of
Columbia were utilized; and
(B) how such funds are contributing to student achievement.
SEC. 11. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS.
(a) Requests for Data and Information.--Each school
participating in a program funded under section 4(a) shall
comply with all requests for data and information regarding
evaluations conducted under section 9(a).
(b) Rules of Conduct and Other School Policies.--Each
school participating in a program funded under section 4(a),
including each participating school described in section
8(d), may require eligible students to abide by any rules of
conduct and other requirements applicable to all other
students at the school.
(c) Nationally Norm-referenced Standardized Tests.--
(1) In general.--Each school participating in a program
funded under section 4(a) shall administer a nationally norm-
referenced standardized test in reading and mathematics to
each student enrolled in the school who is receiving an
opportunity scholarship. The results of such test shall be
reported to the student's parents or legal guardians and to
the Secretary, through the Institute of Education Sciences of
the Department of Education, for the purposes of conducting
the evaluation under section 9.
(2) Make-up session.--If a school participating in a
program funded under section 4(a) does not administer a
nationally norm-referenced standardized test or the Institute
of Education Sciences does not receive data regarding the
results of such test for a student who is receiving an
opportunity scholarship, then the Secretary, acting through
the Institute of Education Sciences, shall administer such
test not less than once during each school year to each
student receiving an opportunity scholarship.
SEC. 12. DEFINITIONS.
In this Act:
(1) Elementary school.--The term ``elementary school''
means an institutional day or residential school, including a
public elementary charter school, that provides elementary
education, as determined under District of Columbia law.
(2) Eligible entity.--The term ``eligible entity'' means
any of the following:
(A) A nonprofit organization.
(B) A consortium of nonprofit organizations.
(3) Eligible student.--The term ``eligible student'' means
a student who is a resident of the District of Columbia and
comes from a household--
(A) receiving assistance under the supplemental nutrition
assistance program established under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.); or
(B) whose income does not exceed--
(i) 185 percent of the poverty line; or
(ii) in the case of a student participating in the program
under this Act in the preceding year, 300 percent of the
poverty line.
(4) Parent.--The term ``parent'' has the meaning given that
term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(5) Poverty line.--The term ``poverty line'' has the
meaning given that term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(6) Secondary school.--The term ``secondary school'' means
an institutional day
[[Page S287]]
or residential school, including a public secondary charter
school, that provides secondary education, as determined
under District of Columbia law, except that the term does not
include any education beyond grade 12.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 13. TRANSITION PROVISIONS.
(a) Repeal.--The DC School Choice Incentive Act of 2003
(title III of division C of the Consolidated Appropriations
Act, 2004 (Public Law 108-199; 118 Stat. 126)) is repealed.
(b) Reauthorization of Program.--This Act shall be deemed
to be the reauthorization of the District of Columbia
opportunity scholarship program under the DC School Choice
Incentive Act of 2003.
(c) Orderly Transition.--Subject to subsections(d) and (e),
the Secretary shall take such steps as the Secretary
determines to be appropriate to provide for the orderly
transition to the authority of this Act from any authority
under the provisions of the DC School Choice Incentive Act of
2003 (Public Law 108-199; 118 Stat. 126), as the DC School
Choice Incentive Act of 2003 was in effect on the day before
the date of enactment of this Act.
(d) Rule of Construction.--Nothing in this Act or a repeal
made by this Act shall be construed to alter or affect the
memorandum of understanding entered into with the District of
Columbia, or any grant or contract awarded, under the DC
School Choice Incentive Act of 2003 (Public Law 108-199; 118
Stat. 126), as the DC School Choice Incentive Act of 2003 was
in effect on the day before the date of enactment of this
Act.
(e) Multi-year Awards.--The recipient of a multi-year grant
or contract award under the DC School Choice Incentive Act of
2003 (Public Law 108-199; 118 Stat. 126), as the DC School
Choice Incentive Act of 2003 was in effect on the day before
the date of enactment of this Act, shall continue to receive
funds in accordance with the terms and conditions of such
award.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this Act, for the uses
described in subsection (b), $60,000,000 for fiscal year 2012
and each of the 4 succeeding fiscal years.
(b) Use of Funds Authorized Under This Act.--For each
fiscal year, any amount appropriated to carry out this Act
shall be equally divided among--
(1) the Secretary, in order to carry out the District of
Columbia opportunity scholarship program established under
section 4(a);
(2) the District of Columbia Public Schools, in order to
improve public school education in the District of Columbia;
and
(3) the State Education Office of the District of Columbia,
in order to expand quality public charter schools in the
District of Columbia.
Ms. COLLINS. Mr. President, I am pleased to be joining Senator
Lieberman in introducing the Scholarships for Opportunity and Results
Act of 2011, also known as the SOAR Act. This important piece of
legislation will reauthorize the DC Opportunity Scholarship Program,
which has successfully provided additional educational options for some
of our nation's most at-risk children.
Sadly, DC's public schools continue to underperform despite a per-
pupil expenditure rate that is one of the highest in the nation.
Experts have carefully studied the DC Opportunity Scholarship Program
and concluded that the educational success of the program's
participants in reading has outpaced those in DC public schools.
Approximately 6 years ago, leaders in the District of Columbia became
frustrated with institutionalized failure within the public school
system, and designed a unique ``three-sector'' strategy that provided
new funding for public schools, public charter schools and new
educational options for needy children. Working with the District,
Congress and the Bush administration then implemented the DC School
Choice Incentive Act in 2004, giving birth to the DC Opportunity
Scholarship Program.
The program is the first to provide federally funded scholarships to
students, and has enabled low-income students from the District of
Columbia public school system to attend the independent-private or
parochial school of their choice. For many of these students, this was
their first opportunity to access a high-quality education.
In March 2009, the Department of Education released its evaluation of
the program's impact after three years, which showed that overall,
students offered scholarships had higher reading achievement than those
not offered scholarships--the equivalent of an additional three months
of learning.
Studies have also shown that parents were overwhelmingly satisfied
with their children's experience in the program. Common reasons for
this higher level of satisfaction included, appreciation for the
ability to choose their child's school, the success their children are
having in new school environments, and the support provided by the DC
Children and Youth Investment Trust Corporation, which runs the
program.
In May 2009, Chairman Lieberman and I held a compelling hearing in
the Homeland Security and Governmental Affairs Committee where we heard
the personal success stories of current and former participants in the
program. Their testimony helped to highlight the real-world
implications of discontinuing the program.
Ronald Holassie, then a junior at Archbishop Carroll, gave compelling
testimony about the impact this program has had on his life. His mother
was so concerned about the education he had been receiving that she was
considering sending him to school in her home country of Trinidad,
until she found out about the Opportunity Scholarship Program. Ronald
said something very near the end of our hearing in response to a
question from a member of the Committee that I also found enlightening.
He said, ``DC schools didn't get bad over night, and they aren't going
to get better overnight either.'' The program is critical to that
improvement.
Based on what we have learned over the past few years, Chairman
Lieberman and I drafted a bipartisan bill to reauthorize the DC
Opportunity Scholarship Program. This effort is also being replicated
in the House with a bill introduced by Speaker Boehner.
One of the reasons that I so strongly believe in the three-sector
approach to funding for education in the District is that it reaffirms
Congress' commitment to improving educational outcomes and
opportunities, not just for the students attending private schools, but
also for all students in the District--including those attending DC
public and charter schools.
I know that each of us shares the common goal of ensuring that all
students in the District are receiving the highest quality education,
which is why it is incumbent upon us to act and to act now to fully
reauthorize the DC Opportunity Scholarship Program.
______
By Mr. KOHL (for himself, Mrs. Feinstein, Mr. Durbin, Mr. Leahy,
Mr. Reid, Mr. Lautenberg, Mrs. Boxer, Mr. Whitehouse, and Ms.
Klobuchar):
S. 207. A bill to amend the Omnibus Crime Control and Safe Streets
Act of 1968 to enhance the COPS ON THE BEAT grant program, and for
other purposes; to the Committee on the Judiciary.
Mr. KOHL. Mr. President, I rise today with Senators Leahy, Reid,
Whitehouse and others to introduce the COPS Improvement Act of 2011.
This legislation would reauthorize and make improvements to one of the
Department of Justice's most successful efforts to fight crime, the
Community Oriented Policing Services, COPS, program.
The success story of the COPS program has been told many times, but
it is worth repeating. The goal in 1994 was to put an additional
100,000 cops on the beat. Over the next 5 years, from 1995 to 1999, the
COPS Universal Hiring Program distributed nearly $1 billion per year in
grants to state and local law enforcement agencies in all 50 states to
hire additional law enforcement officers, allowing us to achieve our
goal of 100,000 new officers.
Common sense told the American people that having more police walking
the beat would lead to less crime, and our experience with the COPS
program proved that to be true. This unprecedented effort to put more
police officers in our communities coincided with significant
reductions in crime during the 1990s. As the number of police rose, we
saw 8 consecutive years of reductions in crime. Few programs can claim
such a clear record of success.
Unfortunately, the success of the COPS program led some to declare
victory. Beginning in 2001, funding for the COPS program came under
attack. President Bush proposed cuts to state and local law enforcement
programs that totaled well over $1 billion during his tenure. Despite
bipartisan efforts in Congress to prevent those cuts, state and local
law enforcement funding consistently declined. Ultimately, the
administration succeeded in eliminating the COPS Hiring Program in
2005.
[[Page S288]]
These cuts have been felt by the people who work tirelessly every day
to keep our communities safe, and the consequences have been real.
Cities across the country have seen the size of their police forces
reduced. Many cities have hundreds of vacancies on their forces that
they cannot afford to fill. They have been forced to choose between
keeping officers employed and buying vital equipment. The men and women
who have sworn to protect us from ever-evolving threats cannot go
without either.
Over the past several years, there has been a bipartisan effort in
Congress to renew our commitment to local law enforcement by restoring
COPS funding. In 2009, we dedicated $1 billion to the COPS program
through the American Recovery and Reinvestment Act. These funds helped
state, local, and tribal law enforcement agencies create and preserve
thousands of law enforcement positions. This boost has gone a long way
to help many departments weather the economic downturn, but need is
great--the COPS Office received nearly 7,300 applications requesting
39,000 officers and $8.3 billion in funds in response to this grant
funding.
We can all agree that local law enforcement needs our unwavering
support. One way we can do this is to reauthorize the COPS program
through the COPS Improvement Act of 2011. This legislation will re-
authorize hiring programs for three specific purposes--
general community policing, local counter-terrorism officers, and
school resource officers. The bill steps up our commitment to community
policing and community cooperation by reauthorizing community
prosecutor grants. Technology grants that cut down on investigation
time and paperwork are included so that officers can spend more time on
the beat and less time behind a desk. The bill also creates an
independent COPS Office within the Department of Justice, a step that
is important to the program's continued success and oversight. Finally,
the legislation revitalizes a Troops-to-Cops program to encourage local
police agencies to hire former military personnel who are honorably
discharged from military service or who are displaced by base closings.
The bill makes additional improvements to the COPS program by
including safeguards to ensure that our money is being spent wisely.
For example, it will allow the COPS Office to do more than simply
revoke or suspend a grant if a recipient fails to comply with its
terms. The COPS Office, at the direction of the Attorney General, would
be able to take any enforcement action available to the Department of
Justice, such as civil penalties or recoupment of funds.
In addition to strengthening law enforcement's ability to prevent and
fight crime, the COPS Improvement Act directly creates jobs and helps
local governments cope with the economic downturn without jeopardizing
community safety. Furthermore, by hiring more officers we will be
better able to combat the crime that harms our economy by driving
business opportunities out of distressed neighborhoods, taking with
them economic opportunity.
The COPS Improvement Act of 2011 would authorize $900 million per
year over six years for the COPS program. It would allocate $500
million per year for the hiring officers, $150 million for community
prosecutors, and $250 million per year for technology grants.
To be sure, some will argue that $900 million is too large a price
tag. But it is hard to put a price tag on the security of our
communities. Investing money in such a successful program with such an
important goal is certainly worth the cost. We must also remember that
preventing crime from occurring saves taxpayers from the costs
associated with victim assistance and incarceration. For that reason, a
recent report by the Brookings Institution found ``COPS . . . to be one
of the most cost-effective options available for fighting crime.''
It is difficult to overstate the importance of passing the COPS
Improvement Act. Because of the success of the program and the need for
a renewed commitment to it, the bill has long had the support of every
major law enforcement group in the Nation, including the International
Association of Chiefs of Police, the National Association of Police
Organizations, the National Sheriffs Association, the International
Brotherhood of Police Organizations, the National Organization of Black
Law Enforcement Officials, the International Union of Police
Associations, and the Fraternal Order of Police. These law enforcement
officers put their lives on the line every day to make our communities
a safe place to live, and they deserve our full support.
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. 207
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 ``COPS Improvements Act of
2011''.
SEC. 2. COPS GRANT IMPROVEMENTS.
(a) In General.--Section 1701 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd)
is amended--
(1) by striking subsection (c);
(2) by redesignating subsection (b) as subsection (c);
(3) by striking subsection (a) and inserting the following:
``(a) The Office of Community Oriented Policing Services.--
``(1) Office.--There is within the Department of Justice,
under the general authority of the Attorney General, a
separate and distinct office to be known as the Office of
Community Oriented Policing Services (referred to in this
subsection as the `COPS Office').
``(2) Director.--The COPS Office shall be headed by a
Director who shall--
``(A) appointed by the Attorney General; and
``(B) have final authority over all grants, cooperative
agreements, and contracts awarded by the COPS Office.
``(b) Grant Authorization.--The Attorney General shall
carry out grant programs under which the Attorney General
makes grants to States, units of local government, Indian
tribal governments, other public and private entities, and
multi-jurisdictional or regional consortia for the purposes
described in subsections (c), (d), (e), and (f).'';
(4) in subsection (c), as so redesignated--
(A) in the heading, by striking ``uses of grant amounts.--
'' and inserting ``Community Policing and Crime Prevention
Grants'';
(B) in paragraph (3), by striking ``, to increase the
number of officers deployed in community-oriented policing'';
(C) in paragraph (4), by inserting ``or train'' after ``pay
for'';
(D) by striking paragraph (9);
(E) by redesignating paragraphs (5) through (8) as
paragraphs (6) through (9), respectively;
(F) by inserting after paragraph (4) the following:
``(5) award grants to hire school resource officers and to
establish school-based partnerships between local law
enforcement agencies and local school systems to combat
crime, gangs, drug activities, and other problems in and
around elementary and secondary schools;'';
(G) by striking paragraph (13);
(H) by redesignating paragraphs (14), (15), and (16) as
paragraphs (13), (14), and (15), respectively;
(I) in paragraph (15), as so redesignated, by striking
``and'' at the end;
(J) by redesignating paragraph (17) as paragraph (18);
(K) by inserting after paragraph (15), as so redesignated,
the following:
``(16) establish and implement innovative programs to
reduce and prevent illegal drug manufacturing, distribution,
and use, including the manufacturing, distribution, and use
of methamphetamine; and
``(17) award enhancing community policing and crime
prevention grants that meet emerging law enforcement needs,
as warranted.''; and
(L) in paragraph (18), as so redesignated, by striking
``through (16)'' and inserting ``through (17)'';
(5) by striking subsections (h) and (i);
(6) by redesignating subsections (j) and (k) as subsections
(k) and (l), respectively;
(7) by redesignating subsections (d) through (g) as
subsections (g) through (j), respectively;
(8) by inserting after subsection (c), as so redesignated,
the following:
``(d) Troops-to-cops Programs.--
``(1) In general.--Grants made under subsection (b) may be
used to hire former members of the Armed Forces to serve as
career law enforcement officers for deployment in community-
oriented policing, particularly in communities that are
adversely affected by a recent military base closing.
``(2) Definition.--In this subsection, `former member of
the Armed Forces' means a member of the Armed Forces of the
United States who is involuntarily separated from the Armed
Forces within the meaning of section 1141 of title 10, United
States Code.
``(e) Community Prosecutors Program.--The Attorney General
may make grants under subsection (b) to pay for additional
[[Page S289]]
community prosecuting programs, including programs that
assign prosecutors to--
``(1) handle cases from specific geographic areas; and
``(2) address counter-terrorism problems, specific violent
crime problems (including intensive illegal gang, gun, and
drug enforcement and quality of life initiatives), and
localized violent and other crime problems based on needs
identified by local law enforcement agencies, community
organizations, and others.
``(f) Technology Grants.--The Attorney General may make
grants under subsection (b) to develop and use new
technologies (including interoperable communications
technologies, modernized criminal record technology, and
forensic technology) to assist State and local law
enforcement agencies in reorienting the emphasis of their
activities from reacting to crime to preventing crime and to
train law enforcement officers to use such technologies.'';
(9) in subsection (g), as so redesignated--
(A) in paragraph (1), by striking ``to States, units of
local government, Indian tribal governments, and to other
public and private entities,'';
(B) in paragraph (2), by striking ``define for State and
local governments, and other public and private entities,''
and inserting ``establish''; and
(C) in the first sentence of paragraph (3), by inserting
``(including regional community policing institutes)'' after
``training centers or facilities'';
(10) in subsection (i), as so redesignated--
(A) by striking ``subsection (a)'' the first place that
term appears and inserting ``paragraphs (1) and (2) of
subsection (c)''; and
(B) by striking ``in each fiscal year pursuant to
subsection (a)'' and inserting ``in each fiscal year for
purposes described in paragraph (1) and (2) of subsection
(c)'';
(11) in subsection (j), as so redesignated--
(A) by striking ``subsection (a)'' and inserting
``subsection (b)''; and
(B) by striking the second sentence;
(12) in subsection (k)(1), as so redesignated--
(A) by striking ``subsection (i) and''; and
(B) by striking ``subsection (b)'' and inserting
``subsection (c)''; and
(13) by adding at the end the following:
``(m) Retention of Additional Officer Positions.--For any
grant under paragraph (1) or (2) of subsection (c) for hiring
or rehiring career law enforcement officers, a grant
recipient shall retain each additional law enforcement
officer position created under that grant for not less than
12 months after the end of the period of that grant, unless
the Attorney General waives, wholly or in part, the retention
requirement of a program, project, or activity.
``(n) Proportionality of Awards.--The Attorney General
shall ensure that the same percentage of the total number of
eligible applicants in each State receive a grant under this
section.''.
(b) Applications.--Section 1702 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-
1) is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by inserting ``,
unless waived by the Attorney General'' after ``under this
part shall'';
(B) by striking paragraph (8); and
(C) by redesignating paragraphs (9) through (11) as
paragraphs (8) through (10), respectively; and
(2) by striking subsection (d).
(c) Renewal of Grants.--Section 1703 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd-2) is amended to read as follows:
``SEC. 1703. RENEWAL OF GRANTS.
``(a) In General.--A grant made under this part may be
renewed, without limitations on the duration of such renewal,
to provide additional funds, if the Attorney General
determines that the funds made available to the recipient
were used in a manner required under an approved application
and if the recipient can demonstrate significant progress in
achieving the objectives of the initial application.
``(b) No Cost Extensions.--Notwithstanding subsection (a),
the Attorney General may extend a grant period, without
limitations as to the duration of such extension, to provide
additional time to complete the objectives of the initial
grant award.''.
(d) Limitation on Use of Funds.--Section 1704 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796dd-3) is amended--
(1) in subsection (a), by striking ``that would, in the
absence of Federal funds received under this part, be made
available from State or local sources'' and inserting ``that
the Attorney General determines would, in the absence of
Federal funds received under this part, be made available for
the purpose of the grant under this part from State or local
sources''; and
(2) by striking subsection (c).
(e) Enforcement Actions.--Section 1706 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd-5) is amended--
(1) in the section heading, by striking ``REVOCATION OR
SUSPENSION OF FUNDING'' and inserting ``ENFORCEMENT
ACTIONS''; and
(2) by striking ``revoke or suspend'' and all that follows
and inserting ``take any enforcement action available to the
Department of Justice.''.
(f) Definitions.--Section 1709(1) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-
8(1)) is amended--
(1) by striking ``who is authorized'' and inserting ``who
is a sworn law enforcement officer and is authorized''; and
(2) by inserting ``, including officers for the Amtrak
Police Department'' before the period at the end.
(g) Authorization of Appropriations.--Section 1001(a)(11)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793(a)(11)) is amended--
(1) in subparagraph (A), by striking ``$1,047,119,000 for
each of fiscal years 2006 through 2009'' and inserting
``$900,000,000 for each of fiscal years 2012 through 2017'';
and
(2) in subparagraph (B)--
(A) in the first sentence--
(i) by striking ``3 percent'' and inserting ``5 percent'';
and
(ii) by striking ``section 1701(d)'' and inserting
``section 1701(g)''; and
(B) by striking the second sentence and inserting the
following: ``Of the funds available for grants under part Q,
not less than $500,000,000 shall be used for grants for the
purposes specified in section 1701(c), not more than
$150,000,000 shall be used for grants under section 1701(e),
and not more than $250,000,000 shall be used for grants under
section 1701(f).''.
(h) Purposes.--Section 10002 of the Public Safety
Partnership and Community Policing Act of 1994 (42 U.S.C.
3796dd note) is amended--
(1) in paragraph (4), by striking ``development'' and
inserting ``use''; and
(2) in the matter following paragraph (4), by striking
``for a period of 6 years''.
(i) COPS Program Improvements.--
(1) In general.--Section 109(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3712h(b)) is amended--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively; and
(C) in paragraph (2), as so redesignated, by inserting ``,
except for the program under part Q of this title'' before
the period.
(2) Law enforcement computer systems.--Section 107 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3712f) is amended by adding at the end the
following:
``(c) Exception.--This section shall not apply to any grant
made under part Q of this title.''.
______
By Mr. KERRY (for himself and Ms. Snowe):
S. 208. A bill to amend the Internal Revenue Code of 1986 to extend
the 100 percent exclusion for gain on certain small business stock; to
the Committee on Finance.
Mr. KERRY. Mr. President, for years I have worked to encourage
investment in small businesses. We all realize that small businesses
are the backbone of our economy. As the economy continues to recover,
we must help small businesses have access to capital.
Many of our most successful corporations started as small businesses,
including AOL, Apple Computer, Compaq Computer, Datastream, Intel
Corporation, and Sun Microsystems. As you can see from this partial
list, many of these companies played an integral role in making the
Internet a reality.
Investing in small businesses is essential to strengthening our
economy. Not only will investment in small businesses spur job
creation, it will lead to new technological breakthroughs. We are at an
integral juncture in developing clean energy technology. I believe that
small businesses will repeat the role it played at, the vanguard of the
computer revolution--by leading the Nation in developing the
technologies which result in clean energy. Small businesses already are
at the forefront of these industries, and we need to do everything we
can to encourage investment in these small businesses.
Today, Senator Snowe and I are introducing legislation to extend the
zero capital gains rate on certain small business stock and the
exception from minimum tax preference treatment through 2012. During
the past two Congresses, Senator Snowe and I introduced legislation
which would make permanent changes to the 50 percent exclusion for gain
on small business stock.
Back in 1993, I worked with Senator Bumpers to enact legislation to
provide a 50 percent exclusion for gain for individuals from the sale
of certain small business stock that is held for 5 years. Since the
enactment of this provision, the capital gains rate has been lowered
without any changes to the exclusion. Due to the lower capital rates,
the 50 percent exclusion no longer provided a strong incentive for
investment in small businesses.
Our efforts to improve this provision have been successful. The
American Recovery and Reinvestment Act temporarily increased the
exclusion to 75 percent. The Small Business Jobs Act
[[Page S290]]
of 2010 temporarily increased the exclusion to 100 percent and the
alternative minimum tax, AMT, preference item for gain excluded under
this provision would be temporarily eliminated. These provisions were
further extended through 2011 by the Tax Relief, Unemployment Insurance
Reauthorization, and Job Creation Act of 2010. The legislation that I
am introducing would extend these provisions through 2012.
Extending the zero capital gains rate on small business stock through
2012 would put this provision on equal footing with the extension of
the lower capital gains rate included in the Tax Relief, Unemployment
Insurance, Reauthorization, and Job Creation Act of 2010.
I believe that the additional improvements should still be made to
the exclusion for small business stock and I will continue to work on
this issue. As Congress begins its work on tax reform, encouraging
investment in small businesses should be a goal of tax reform.
I urge my colleagues to support an extension of the zero capital
gains rate and I look forward to working on tax reform which encourages
job creation and investment in small businesses.
____________________