Congressional Record, Volume 157 Issue 26 (Thursday, February 17, 2011)

[Congressional Record Volume 157, Number 26 (Thursday, February 17, 2011)]
[Senate]
[Pages S872-S912]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. KERRY (for himself, Ms. Snowe, and Ms. Collins):
S. 374. A bill to amend title XVIII of the Social Security Act to
eliminate

[[Page S873]]

the 190-day lifetime limit on inpatient psychiatric hospital services
under the Medicare program; to the Committee on Finance.
Mr. KERRY. Mr. President, our country has recently taken great steps
forward to support the principles of mental health parity. In 2008,
Congress has enacted two important pieces of legislation to end
discrimination against people suffering from mental illnesses.
Congress passed the Paul Wellstone and Pete Domenici Mental Health
Parity and Addiction Equity Act of 2008, MHPAEA, to prohibit the
establishment of discriminatory benefit caps or cost-sharing
requirements for mental health and substance use disorders. That same
year Congress also passed the Medicare Improvements for Patients and
Protections Act, MIPPA, which included legislation introduced by
Senator Snowe and myself, the Medicare Mental Health Copayment Equity
Act. This legislation prevented Medicare beneficiaries from being
charged higher copayments for outpatient mental health services than
for all other outpatient physician services.
Unfortunately, even with the passage of MIPPA, a serious mental
health inequity remains in Medicare. Medicare beneficiaries are
currently limited to only 190 days of inpatient psychiatric hospital
care in their lifetime. This lifetime limit directly impacts Medicare
beneficiaries' access to psychiatric hospitals, although it does not
apply to psychiatric units in general hospitals. This arbitrary cap on
benefits is discriminatory to the mentally ill as there is no such
lifetime limit for any other Medicare specialty inpatient hospital
service. The 190-day lifetime limit is problematic for patients being
treated in psychiatric hospitals as they may easily exceed the 190 days
if they have a chronic mental illness.
That is why Senator Snowe and I are working together once again to
address the last remaining mental health parity issue in Medicare.
Today, we are introducing the Medicare Mental Health Inpatient Equity
Act. Our legislation would eliminate the Medicare 190-day lifetime
limit for inpatient psychiatric hospital care. It would equalize
Medicare mental health coverage with private health insurance coverage,
expand beneficiary choice of inpatient psychiatric care providers,
increase access for the seriously ill, and improve continuity of care.
This legislation is supported by eighty national organizations that
represent hospital associations, seniors' organizations, disability
organizations, and the mental health community. I would like to thank a
number of organizations who have been integral to the development of
the Medicare Mental Health Inpatient Equity Act and who have endorsed
our legislation today, including the AARP, the American Hospital
Association, the National Association of Psychiatric Health Systems,
and the American Psychological Association.
Congress has now acted to address mental health parity issues for
group health plans and for outpatient Medicare services. It's time to
end this outmoded law and ensure that beneficiaries with mental
illnesses have access to a range of appropriate settings for their
care. I look forward to working with my colleagues in the Senate to
achieve mental health parity in Medicare.
______

By Mr. CARDIN (for himself and Ms. Mikulski):
S. 377. A bill to authorize the Secretary of the Interior to conduct
a special resource study of President Station in Baltimore, Maryland,
and for other purposes; to the Committee on Energy and Natural
Resources.
Mr. CARDIN. Mr. President, today I am proud to introduce the
President Street Station Study Act. President Street Station, located
in my hometown of Baltimore, played a crucial role in the Civil War,
the Underground Railroad, the growth of Baltimore's railroad industry,
and is a historically significant landmark to the Lincoln presidency.
The station was constructed for the Philadelphia, Wilmington, and
Baltimore, PW&B, Railroad in 1849 and remains the oldest surviving big
city railroad terminal in the United States. This historical structure
is a unique architectural gem, arguably the first example and last
survivor of the early barrel-vault train shed arches, also known as the
Howe Truss. The arch-rib design became the blueprint for railroad
bridges and roofs well into the 20th century and was replicated for
every similarly designed train shed and roof for the next 20 years.
The growth of President Street Station and the PW&B railroad mirror
the expansion of the railroad industry throughout the country in the
latter half of the 19th century. This station played an essential role
in making Baltimore the first railroad and sea-rail link in the nation
and helped the city become the international port hub it remains to
this day.
In its heyday, President Street Station was the key link connecting
Washington DC and with the northeast states. Hundreds of passengers
traveling north passed through this station and, by the start of the
Civil War, Baltimore had become our nation's major southern railroad
hub. Not surprisingly, the station played a critical role in both the
Civil War and the Underground Railroad.
Perhaps its most famous passenger was Abraham Lincoln, who traveled
through the station at least four times, including secretly on his way
to his first inauguration. In 1861, President-elect Lincoln was warned
by a PW&B private detective of a possible assassination plot in
Baltimore as he transferred trains. While it is unclear if this plot
existed and posed a serious threat, Lincoln nevertheless was secretly
smuggled aboard a train in the dead of night to complete his trip to
Washington.
Just a few months later, President Street Station served as a
backdrop for what many historians claim was the first bloodshed of the
Civil War. The Baltimore Riot of 1861 occurred when Lincoln called for
Union volunteers to quell the rebellion at Fort Sumter in Charleston.
On April 19, Massachusetts and Pennsylvania volunteers were met and
attacked by a mob of secessionist and Confederate sympathizers. The
bloody confrontation left four dead and thirty-six wounded. As the war
continued, the Station remained a critical link for the Union. Troops
and supplies from the north were regularly shuttled through the station
to support Union soldiers.
It is well known that Maryland was a common starting point along the
Underground Railroad and that many escaped slaves from Maryland's
Eastern Shore plantations were destined for Baltimore and the President
Street Station to travel North to freedom. A few weeks ago, I
introduced a bill, The Harriet Tubman National Historical Parks Act, S.
247, to honor Maryland's own Harriet Tubman, the Underground Railroad's
most famous ``conductor.'' While she personally led dozens of people to
freedom, her courage and fortitude also inspired others to find their
own strength to seek freedom. President Street Station was indeed a
station on this secret network. Prior to emancipation in 1863, several
renowned escapees, including Frederick Douglass, William and Ellen
Craft, and Henry Box Brown, traveled through the station, risking their
lives for a better and freer life.
Others' journeys for a better life also passed through President
Street Station. From its beginning and into the 20th century, Baltimore
was both a destination and departure point for immigrants. New arrivals
from Ireland, Russia, and Europe arriving on the eastern seaboard
traveled by way of the PW&B railroads to the west.
For decades, President Street Station has long been recognized as
having an important place in history: In 1992, it was listed on the
National Register of Historic places and the city of Baltimore has
dedicated it a local historical landmark. For many years it served as
the Baltimore Civil War Museum, educating generations of people about
the role Maryland and Baltimore played in the Civil War and the early
history of the city. In recent years, the museum, run by dedicated
volunteers from the Maryland Historical Society and Friends of
President Street Station, have struggled to keep the station's doors
open and keeping the station's character true to its historical roots.
The area around President Street Station has changed dramatically over
the decades, but the Station has worked to preserve its history. It has
been many years since trains passed through the President Street
Station and it is clear that the best use for this building

[[Page S874]]

today is to preserve the building and use it tell Station's American
story.
President Street Station is one of America's historical treasures. As
we celebrate President's Day this weekend, we honor some of our
country's greatest leaders and remember our own rich and innovative
history. This bill authorizes the Secretary of the Interior to conduct
a special resource study of President Street Station to evaluate the
suitability and feasibility of establishing the Station as a unit of
the National Park Service. President Street Station, a contributor to
the growth of the railroad, and a vital player in the Underground
Railroad, Lincoln's Presidency and Civil War, is part of this history.
I urge my colleagues to join me in giving this station the recognition
it deserves and support this bill.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 377

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 ``President Street Station
Study Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Study area.--The term ``study area'' means the
President Street Station, a railroad terminal in Baltimore,
Maryland, the history of which is tied to the growth of the
railroad industry in the 19th century, the Civil War, the
Underground Railroad, and the immigrant influx of the early
20th century.

SEC. 3. SPECIAL RESOURCE STUDY.

(a) Study.--The Secretary shall conduct a special resource
study of the study area.
(b) Contents.--In conducting the study under subsection
(a), the Secretary shall--
(1) evaluate the national significance of the study area;
(2) determine the suitability and feasibility of
designating the study area as a unit of the National Park
System;
(3) consider other alternatives for preservation,
protection, and interpretation of the study area by the
Federal Government, State or local government entities, or
private and nonprofit organizations;
(4) consult with interested Federal agencies, State or
local governmental entities, private and nonprofit
organizations, or any other interested individuals;
(5) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives; and
(6) identify any authorities that would compel or permit
the Secretary to influence local land use decisions under the
alternatives.
(c) Applicable Law.--The study required under subsection
(a) shall be conducted in accordance with section 8 of Public
Law 91-383 (16 U.S.C. 1a-5).
(d) Report.--Not later than 3 years after the date on which
funds are first made available for the study under subsection
(a), the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report that
describes--
(1) the results of the study; and
(2) any conclusions and recommendations of the Secretary.
______

By Mr. ROCKEFELLER:
S. 378. A bill to amend the Internal Revenue Code of 1986 to provide
a tax incentive to individuals teaching in elementary and secondary
schools located in rural or high unemployment areas and to individuals
who achieve certification from the National Board for Professional
Teaching standards; to the Committee on Finance.
Mr. ROCKEFELLER. Mr. President, today I am introducing the Incentives
to Educate American Children Act of 2011--I TEACH. This bill provides
important tax incentives to promote the quality of all public school
teachers by encouraging them to achieve certification from the National
Board for Professional Teaching Standards. It provides further
incentives to teachers in rural and high-poverty schools.
We all know that teachers are the front line for the education of our
nation's children. Still, teachers continue to earn less than other
college graduates. A recent study found that teachers only earn 77
percent as much as other college graduates. It is even worse for
teachers in rural schools. Rural schools struggle with many unique
challenges, and one of them is how to pay competitive salaries when
transportation costs are necessarily higher than for urban schools. The
Department of Education has reported that rural school districts have
the lowest base salaries for starting teachers. This bill helps combat
this inequity by providing a tax incentive to public school teachers in
rural and high-poverty schools.
All schools today are struggling with the recruitment and retention
of qualified teachers. Due to retirements and decreasing retention of
beginning teachers, the experience level of our teachers is decreasing.
In the 1987-1988 academic year, the most common number of years of
experience for our teachers was 15 years. The most recent data from the
2007-2008 shows the most common years of experience is now just 1 year.
The distribution of teaching experience in the data shows the strong
need for incentives to encourage teachers to stay in the profession. We
know that more experienced teachers help our students learn.
States are responsible for certifying teachers in their own states,
but teachers have had the additional opportunity since 1987 to earn a
certification from the National Board for Professional Teaching
Standards. This independent, nonprofit, and nonpartisan organization
provides teachers with a national board certification similar to those
in other professions. Since 1987, more than 91,000 teachers have
completed the rigorous process of National Board Certification. The
National Research Council of the National Academies recently affirmed
that students taught by National Board certified teachers make higher
gains on achievement tests than students taught by teachers who have
not applied or have not achieved this certification. This bill provides
an incentive to public school teachers to achieve this certification
and stay in the classroom.
The I TEACH Act of 2011 provides important incentives for teachers to
serve in rural and high-poverty schools as well as for all public
school teachers to demonstrate the accomplishment of National Board
Certification. I urge my colleagues to support this bill.
______

By Mr. WEBB (for himself and Mr. Warner):
S. 379. A bill to extend Federal recognition to the Chickahominy
Indian Tribe, the Chickahominy Indian Tribe-Eastern Division, the Upper
Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan Indian
Nation, and the Nansemond Indian Tribe; to the Committee on Indian
Affairs.
Mr. WEBB. Mr. President, I rise to reintroduce the Indian Tribes of
Virginia Federal Recognition Act of 2011. This legislation passed the
Senate Committee on Indian Affairs and the U.S. House of
Representatives in 2009. It would grant Federal recognition to 6 Native
American tribes from the Commonwealth of Virginia. I am pleased to be
joined by Senator Mark Warner and in the U.S. House of Representatives
Congressman Moran, Congressman Scott and Congressman Connolly, all of
whom have been strong advocates for Virginia's Native American Tribes
in past Congresses.
The 6 Virginia tribes covered under this bill began seeking Federal
recognition more than 15 years ago. They are the Chickahominy,
Chickahominy Indian Tribe Eastern Division, the Upper Mattaponi, the
Rappahannock, the Monacan, and the Nansemond Indian Tribe.
The 6 Virginia Tribes covered in this legislation are the direct
descendants of the tribes that helped ensure the survival of the first
permanent English colony in the New World.
These 6 tribes have received State recognition as early as 1983, and
have received strong bipartisan support from the Virginia General
Assembly for Federal recognition. It is appropriate for them to finally
receive the Federal recognition that has been denied for far too long.
I understand the reluctance from some in Congress to grant any Native
American tribe Federal recognition through legislation rather than
through the Bureau of Indian Affairs administrative process. I have not
embraced this issue lightly, and agree in principle that Congress
generally should not have to determine whether or not Native American
tribes deserve Federal recognition.
Within the last 2 years the BIA's Office of Federal Acknowledgment
came

[[Page S875]]

out with new guidelines on implementing the criteria to determine
Federal recognition. While I applaud improvements to the process, new
guidelines still do not change the impact that racially hostile laws
formerly in effect in Virginia had on these tribes' ability to meet the
BIA's seven established recognition criteria.
Virginia's unique history and its harsh policies of the past have
created a barrier for Virginia's Native American Tribes to meet the BIA
criteria, even with the new guidelines. Many Western tribes experienced
government neglect during the 20th century, but Virginia's story was
different.
First, Virginia passed ``race laws'' in 1705, which regulated the
activity of Virginia Indians. In 1924, Virginia passed the Racial
Integrity Law, and the Virginia Bureau of Vital Statistics went so far
as to eliminate an individual's identity as a Native American on many
birth, death and marriage certificates. The shameful elimination of
racial identity records had a devastating impact on Virginia's tribes
when they began seeking Federal recognition.
Second, Virginia tribes signed a treaty with England, predating the
practices of most tribes that signed a treaty with the Federal
Government and therefore were not granted Federal recognition upon
signing treaties with the Federal Government like tribes in other
States did.
For these reasons, recognition of these 6 Virginia tribes is
justified based on principles of dignity and fairness. As I mentioned,
I have spent several years examining this issue in great detail,
including the rich history and culture of Virginia's tribes. My staff
and I asked a number of tough questions before we first introduced this
bill in 2009, and great care and deliberation were put into arriving at
this conclusion. After meeting with leaders of Virginia's Indian tribes
and months of thorough investigation of the facts, I concluded that
legislative action is needed for recognition of Virginia's tribes.
Congressional hearings and reports over the last several Congresses
demonstrate the ancestry and status of these tribes.
This bill has advanced in the past several Congresses with the strong
support and tireless efforts of Congressman Jim Moran. Every living
Virginia Governor, Republican and Democrat including our current
Governor, Robert McDonnell supports Federal recognition for these
tribes. I look forward to working with my colleagues in the Senate,
especially those on the Indian Affairs Committee, to push for passage
of this important bill. Congress has exercised its power to recognize
tribes in the past and I ask you to use this power to grant Federal
recognition to these 6 Virginia tribes.
In 2007, we celebrated the 400th Anniversary of Jamestown--America's
first colony. After 400 years since the founding of Jamestown, these 6
tribes deserve to join our Nation's other 562 federally-recognized
tribes.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.

S. 379

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Indian
Tribes of Virginia Federal Recognition Act of 2011''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.

TITLE I--CHICKAHOMINY INDIAN TRIBE

Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. Federal recognition.
Sec. 104. Membership; governing documents.
Sec. 105. Governing body.
Sec. 106. Reservation of the Tribe.
Sec. 107. Hunting, fishing, trapping, gathering, and water rights.
Sec. 108. Jurisdiction of Commonwealth of Virginia.

TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION

Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Federal recognition.
Sec. 204. Membership; governing documents.
Sec. 205. Governing body.
Sec. 206. Reservation of the Tribe.
Sec. 207. Hunting, fishing, trapping, gathering, and water rights.
Sec. 208. Jurisdiction of Commonwealth of Virginia.

TITLE III--UPPER MATTAPONI TRIBE

Sec. 301. Findings.
Sec. 302. Definitions.
Sec. 303. Federal recognition.
Sec. 304. Membership; governing documents.
Sec. 305. Governing body.
Sec. 306. Reservation of the Tribe.
Sec. 307. Hunting, fishing, trapping, gathering, and water rights.
Sec. 308. Jurisdiction of Commonwealth of Virginia.

TITLE IV--RAPPAHANNOCK TRIBE, INC.

Sec. 401. Findings.
Sec. 402. Definitions.
Sec. 403. Federal recognition.
Sec. 404. Membership; governing documents.
Sec. 405. Governing body.
Sec. 406. Reservation of the Tribe.
Sec. 407. Hunting, fishing, trapping, gathering, and water rights.
Sec. 408. Jurisdiction of Commonwealth of Virginia.

TITLE V--MONACAN INDIAN NATION

Sec. 501. Findings.
Sec. 502. Definitions.
Sec. 503. Federal recognition.
Sec. 504. Membership; governing documents.
Sec. 505. Governing body.
Sec. 506. Reservation of the Tribe.
Sec. 507. Hunting, fishing, trapping, gathering, and water rights.
Sec. 508. Jurisdiction of Commonwealth of Virginia.

TITLE VI--NANSEMOND INDIAN TRIBE

Sec. 601. Findings.
Sec. 602. Definitions.
Sec. 603. Federal recognition.
Sec. 604. Membership; governing documents.
Sec. 605. Governing body.
Sec. 606. Reservation of the Tribe.
Sec. 607. Hunting, fishing, trapping, gathering, and water rights.
Sec. 608. Jurisdiction of Commonwealth of Virginia.

TITLE I--CHICKAHOMINY INDIAN TRIBE

SEC. 101. FINDINGS.

Congress finds that--
(1) in 1607, when the English settlers set shore along the
Virginia coastline, the Chickahominy Indian Tribe was 1 of
about 30 tribes that received them;
(2) in 1614, the Chickahominy Indian Tribe entered into a
treaty with Sir Thomas Dale, Governor of the Jamestown
Colony, under which--
(A) the Chickahominy Indian Tribe agreed to provide 2
bushels of corn per man and send warriors to protect the
English; and
(B) Sir Thomas Dale agreed in return to allow the Tribe to
continue to practice its own tribal governance;
(3) in 1646, a treaty was signed which forced the
Chickahominy from their homeland to the area around the York
Mattaponi River in present-day King William County, leading
to the formation of a reservation;
(4) in 1677, following Bacon's Rebellion, the Queen of
Pamunkey signed the Treaty of Middle Plantation on behalf of
the Chickahominy;
(5) in 1702, the Chickahominy were forced from their
reservation, which caused the loss of a land base;
(6) in 1711, the College of William and Mary in
Williamsburg established a grammar school for Indians called
Brafferton College;
(7) a Chickahominy child was 1 of the first Indians to
attend Brafferton College;
(8) in 1750, the Chickahominy Indian Tribe began to migrate
from King William County back to the area around the
Chickahominy River in New Kent and Charles City Counties;
(9) in 1793, a Baptist missionary named Bradby took refuge
with the Chickahominy and took a Chickahominy woman as his
wife;
(10) in 1831, the names of the ancestors of the modern-day
Chickahominy Indian Tribe began to appear in the Charles City
County census records;
(11) in 1901, the Chickahominy Indian Tribe formed Samaria
Baptist Church;
(12) from 1901 to 1935, Chickahominy men were assessed a
tribal tax so that their children could receive an education;
(13) the Tribe used the proceeds from the tax to build the
first Samaria Indian School, buy supplies, and pay a
teacher's salary;
(14) in 1919, C. Lee Moore, Auditor of Public Accounts for
Virginia, told Chickahominy Chief O.O. Adkins that he had
instructed the Commissioner of Revenue for Charles City
County to record Chickahominy tribal members on the county
tax rolls as Indian, and not as white or colored;
(15) during the period of 1920 through 1930, various
Governors of the Commonwealth of Virginia wrote letters of
introduction for Chickahominy Chiefs who had official
business with Federal agencies in Washington, DC;
(16) in 1934, Chickahominy Chief O.O. Adkins wrote to John
Collier, Commissioner of Indian Affairs, requesting money to
acquire land for the Chickahominy Indian Tribe's use, to
build school, medical, and library facilities and to buy
tractors, implements, and seed;
(17) in 1934, John Collier, Commissioner of Indian Affairs,
wrote to Chickahominy Chief O.O. Adkins, informing him that
Congress had passed the Act of June 18, 1934 (commonly known
as the ``Indian Reorganization Act'') (25 U.S.C. 461 et
seq.), but had not made the appropriation to fund the Act;
(18) in 1942, Chickahominy Chief O.O. Adkins wrote to John
Collier, Commissioner of Indian Affairs, asking for help in
getting the proper racial designation on Selective Service
records for Chickahominy soldiers;
(19) in 1943, John Collier, Commissioner of Indian Affairs,
asked Douglas S. Freeman,

[[Page S876]]

editor of the Richmond News-Leader newspaper of Richmond,
Virginia, to help Virginia Indians obtain proper racial
designation on birth records;
(20) Collier stated that his office could not officially
intervene because it had no responsibility for the Virginia
Indians, ``as a matter largely of historical accident'', but
was ``interested in them as descendants of the original
inhabitants of the region'';
(21) in 1948, the Veterans' Education Committee of the
Virginia State Board of Education approved Samaria Indian
School to provide training to veterans;
(22) that school was established and run by the
Chickahominy Indian Tribe;
(23) in 1950, the Chickahominy Indian Tribe purchased and
donated to the Charles City County School Board land to be
used to build a modern school for students of the
Chickahominy and other Virginia Indian tribes;
(24) the Samaria Indian School included students in grades
1 through 8;
(25) In 1961, Senator Sam Ervin, Chairman of the
Subcommittee on Constitutional Rights of the Committee on the
Judiciary of the Senate, requested Chickahominy Chief O.O.
Adkins to provide assistance in analyzing the status of the
constitutional rights of Indians ``in your area'';
(26) in 1967, the Charles City County school board closed
Samaria Indian School and converted the school to a
countywide primary school as a step toward full school
integration of Indian and non-Indian students;
(27) in 1972, the Charles City County school board began
receiving funds under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 458aa et seq.) on behalf
of Chickahominy students, which funding is provided as of the
date of enactment of this Act under title V of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
458aaa et seq.);
(28) in 1974, the Chickahominy Indian Tribe bought land and
built a tribal center using monthly pledges from tribal
members to finance the transactions;
(29) in 1983, the Chickahominy Indian Tribe was granted
recognition as an Indian tribe by the Commonwealth of
Virginia, along with 5 other Indian tribes; and
(30) in 1985, Governor Gerald Baliles was the special guest
at an intertribal Thanksgiving Day dinner hosted by the
Chickahominy Indian Tribe.

SEC. 102. DEFINITIONS.

SEC. 103. FEDERAL RECOGNITION.

(a) Federal Recognition.--
(1) In general.--Federal recognition is extended to the
Tribe.
(2) Applicability of laws.--All laws (including
regulations) of the United States of general applicability to
Indians or nations, Indian tribes, or bands of Indians
(including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)),
that are not inconsistent with this title shall be applicable
to the Tribe and tribal members.
(b) Federal Services and Benefits.--
(1) In general.--On and after the date of enactment of this
Act, the Tribe and tribal members shall be eligible for all
services and benefits provided by the Federal Government to
federally recognized Indian tribes without regard to--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any tribal member on
or near any Indian reservation.
(2) Service area.--For the purpose of the delivery of
Federal services to tribal members, the service area of the
Tribe shall be considered to be the area comprised of New
Kent County, James City County, Charles City County, and
Henrico County, Virginia.

SEC. 104. MEMBERSHIP; GOVERNING DOCUMENTS.

The membership roll and governing documents of the Tribe
shall be the most recent membership roll and governing
documents, respectively, submitted by the Tribe to the
Secretary before the date of enactment of this Act.

SEC. 105. GOVERNING BODY.

The governing body of the Tribe shall be--
(1) the governing body of the Tribe in place as of the date
of enactment of this Act; or
(2) any subsequent governing body elected in accordance
with the election procedures specified in the governing
documents of the Tribe.

SEC. 106. RESERVATION OF THE TRIBE.

(a) In General.--On request of the Tribe, the Secretary--
(1) shall take into trust for the benefit of the Tribe any
land held in fee by the Tribe that was acquired by the Tribe
on or before January 1, 2007; and
(2) may take into trust for the benefit of the Tribe any
land held in fee by the Tribe, if the land is located within
the boundaries of New Kent County, James City County, Charles
City County, or Henrico County, Virginia.
(b) Deadline for Determination.--The Secretary shall--
(1) not later than 3 years after the date of a request of
the Tribe under subsection (a), make a final written
determination regarding the request; and
(2) immediately make that determination available to the
Tribe.
(c) Reservation Status.--On request of the Tribe, any land
taken into trust for the benefit of the Tribe pursuant to
this section shall be considered to be a part of the
reservation of the Tribe.
(d) Gaming.--The Tribe may not conduct gaming activities--
(1) as a matter of claimed inherent authority; or
(2) pursuant to any Federal law, including the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any
regulations promulgated pursuant to that Act by the Secretary
or the National Indian Gaming Commission).

SEC. 107. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.

Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.

SEC. 108. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

(a) In General.--The Commonwealth of Virginia shall
exercise jurisdiction over any criminal offense committed,
and any civil actions arising, on land located within the
Commonwealth that is owned by, or held in trust by the United
States for, the Tribe.
(b) Acceptance of Commonwealth Jurisdiction by Secretary.--
The Secretary may accept on behalf of the United States,
after consultation with the Attorney General of the United
States, all or any portion of the jurisdiction of the
Commonwealth of Virginia described in subsection (a) on
verification by the Secretary of a certification by the Tribe
that the Tribe possesses the capacity to reassume that
jurisdiction.
(c) Effect of Section.--Nothing in this section affects the
application of section 109 of the Indian Child Welfare Act of
1978 (25 U.S.C. 1919).

TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION

SEC. 201. FINDINGS.

Congress finds that--
(1) in 1607, when the English settlers set shore along the
Virginia coastline, the Chickahominy Indian Tribe was 1 of
about 30 tribes that received them;
(2) in 1614, the Chickahominy Indian Tribe entered into a
treaty with Sir Thomas Dale, Governor of the Jamestown
Colony, under which--
(A) the Chickahominy Indian Tribe agreed to provide 2
bushels of corn per man and send warriors to protect the
English; and
(B) Sir Thomas Dale agreed in return to allow the Tribe to
continue to practice its own tribal governance;
(3) in 1646, a treaty was signed which forced the
Chickahominy from their homeland to the area around the York
River in present-day King William County, leading to the
formation of a reservation;
(4) in 1677, following Bacon's Rebellion, the Queen of
Pamunkey signed the Treaty of Middle Plantation on behalf of
the Chickahominy;
(5) in 1702, the Chickahominy were forced from their
reservation, which caused the loss of a land base;
(6) in 1711, the College of William and Mary in
Williamsburg established a grammar school for Indians called
Brafferton College;
(7) a Chickahominy child was 1 of the first Indians to
attend Brafferton College;
(8) in 1750, the Chickahominy Indian Tribe began to migrate
from King William County back to the area around the
Chickahominy River in New Kent and Charles City Counties;
(9) in 1793, a Baptist missionary named Bradby took refuge
with the Chickahominy and took a Chickahominy woman as his
wife;
(10) in 1831, the names of the ancestors of the modern-day
Chickahominy Indian Tribe began to appear in the Charles City
County census records;
(11) in 1870, a census revealed an enclave of Indians in
New Kent County that is believed to be the beginning of the
Chickahominy Indian Tribe--Eastern Division;
(12) other records were destroyed when the New Kent County
courthouse was burned, leaving a State census as the only
record covering that period;
(13) in 1901, the Chickahominy Indian Tribe formed Samaria
Baptist Church;
(14) from 1901 to 1935, Chickahominy men were assessed a
tribal tax so that their children could receive an education;
(15) the Tribe used the proceeds from the tax to build the
first Samaria Indian School, buy supplies, and pay a
teacher's salary;
(16) in 1910, a 1-room school covering grades 1 through 8
was established in New Kent County for the Chickahominy
Indian Tribe--Eastern Division;
(17) during the period of 1920 through 1921, the
Chickahominy Indian Tribe--Eastern Division began forming a
tribal government;
(18) E.P. Bradby, the founder of the Tribe, was elected to
be Chief;
(19) in 1922, Tsena Commocko Baptist Church was organized;
(20) in 1925, a certificate of incorporation was issued to
the Chickahominy Indian Tribe--Eastern Division;
(21) in 1950, the 1-room Indian school in New Kent County
was closed and students were bused to Samaria Indian School
in Charles City County;

[[Page S877]]

(22) in 1967, the Chickahominy Indian Tribe and the
Chickahominy Indian Tribe--Eastern Division lost their
schools as a result of the required integration of students;
(23) during the period of 1982 through 1984, Tsena Commocko
Baptist Church built a new sanctuary to accommodate church
growth;
(24) in 1983 the Chickahominy Indian Tribe--Eastern
Division was granted State recognition along with 5 other
Virginia Indian tribes;
(25) in 1985--
(A) the Virginia Council on Indians was organized as a
State agency; and
(B) the Chickahominy Indian Tribe--Eastern Division was
granted a seat on the Council;
(26) in 1988, a nonprofit organization known as the
``United Indians of Virginia'' was formed; and
(27) Chief Marvin ``Strongoak'' Bradby of the Eastern Band
of the Chickahominy presently chairs the organization.

SEC. 202. DEFINITIONS.

SEC. 203. FEDERAL RECOGNITION.

(a) Federal Recognition.--
(1) In general.--Federal recognition is extended to the
Tribe.
(2) Applicability of laws.--All laws (including
regulations) of the United States of general applicability to
Indians or nations, Indian tribes, or bands of Indians
(including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)),
that are not inconsistent with this title shall be applicable
to the Tribe and tribal members.
(b) Federal Services and Benefits.--
(1) In general.--On and after the date of enactment of this
Act, the Tribe and tribal members shall be eligible for all
future services and benefits provided by the Federal
Government to federally recognized Indian tribes without
regard to--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any tribal member on
or near any Indian reservation.
(2) Service area.--For the purpose of the delivery of
Federal services to tribal members, the service area of the
Tribe shall be considered to be the area comprised of New
Kent County, James City County, Charles City County, and
Henrico County, Virginia.

SEC. 204. MEMBERSHIP; GOVERNING DOCUMENTS.

SEC. 205. GOVERNING BODY.

SEC. 206. RESERVATION OF THE TRIBE.

SEC. 207. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.

Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.

SEC. 208. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

TITLE III--UPPER MATTAPONI TRIBE

SEC. 301. FINDINGS.

Congress finds that--
(1) during the period of 1607 through 1646, the
Chickahominy Indian Tribes--
(A) lived approximately 20 miles from Jamestown; and
(B) were significantly involved in English-Indian affairs;
(2) Mattaponi Indians, who later joined the Chickahominy
Indians, lived a greater distance from Jamestown;
(3) in 1646, the Chickahominy Indians moved to Mattaponi
River basin, away from the English;
(4) in 1661, the Chickahominy Indians sold land at a place
known as ``the cliffs'' on the Mattaponi River;
(5) in 1669, the Chickahominy Indians--
(A) appeared in the Virginia Colony's census of Indian
bowmen; and
(B) lived in ``New Kent'' County, which included the
Mattaponi River basin at that time;
(6) in 1677, the Chickahominy and Mattaponi Indians were
subjects of the Queen of Pamunkey, who was a signatory to the
Treaty of 1677 with the King of England;
(7) in 1683, after a Mattaponi town was attacked by Seneca
Indians, the Mattaponi Indians took refuge with the
Chickahominy Indians, and the history of the 2 groups was
intertwined for many years thereafter;
(8) in 1695, the Chickahominy and Mattaponi Indians--
(A) were assigned a reservation by the Virginia Colony; and
(B) traded land of the reservation for land at the place
known as ``the cliffs'' (which, as of the date of enactment
of this Act, is the Mattaponi Indian Reservation), which had
been owned by the Mattaponi Indians before 1661;
(9) in 1711, a Chickahominy boy attended the Indian School
at the College of William and Mary;
(10) in 1726, the Virginia Colony discontinued funding of
interpreters for the Chickahominy and Mattaponi Indian
Tribes;
(11) James Adams, who served as an interpreter to the
Indian tribes known as of the date of enactment of this Act
as the ``Upper Mattaponi Indian Tribe'' and ``Chickahominy
Indian Tribe'', elected to stay with the Upper Mattaponi
Indians;
(12) today, a majority of the Upper Mattaponi Indians have
``Adams'' as their surname;
(13) in 1787, Thomas Jefferson, in Notes on the
Commonwealth of Virginia, mentioned the Mattaponi Indians on
a reservation in King William County and said that
Chickahominy Indians were ``blended'' with the Mattaponi
Indians and nearby Pamunkey Indians;
(14) in 1850, the census of the United States revealed a
nucleus of approximately 10 families, all ancestral to modern
Upper Mattaponi Indians, living in central King William
County, Virginia, approximately 10 miles from the
reservation;
(15) during the period of 1853 through 1884, King William
County marriage records listed Upper Mattaponis as
``Indians'' in marrying people residing on the reservation;
(16) during the period of 1884 through the present, county
marriage records usually refer to Upper Mattaponis as
``Indians'';
(17) in 1901, Smithsonian anthropologist James Mooney heard
about the Upper Mattaponi Indians but did not visit them;
(18) in 1928, University of Pennsylvania anthropologist
Frank Speck published a book on modern Virginia Indians with
a section on the Upper Mattaponis;
(19) from 1929 until 1930, the leadership of the Upper
Mattaponi Indians opposed the use of a ``colored''
designation in the 1930 United States census and won a
compromise in which the Indian ancestry of the Upper
Mattaponis was recorded but questioned;
(20) during the period of 1942 through 1945--
(A) the leadership of the Upper Mattaponi Indians, with the
help of Frank Speck and others, fought against the induction
of young men of the Tribe into ``colored'' units in the Armed
Forces of the United States; and
(B) a tribal roll for the Upper Mattaponi Indians was
compiled;
(21) from 1945 to 1946, negotiations took place to admit
some of the young people of the Upper Mattaponi to high
schools for Federal Indians (especially at Cherokee) because
no high school coursework was available for Indians in
Virginia schools; and
(22) in 1983, the Upper Mattaponi Indians applied for and
won State recognition as an Indian tribe.

SEC. 302. DEFINITIONS.

In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

[[Page S878]]

(2) Tribal member.--The term ``tribal member'' means--
(A) an individual who is an enrolled member of the Tribe as
of the date of enactment of this Act; and
(B) an individual who has been placed on the membership
rolls of the Tribe in accordance with this title.
(3) Tribe.--The term ``Tribe'' means the Upper Mattaponi
Tribe.

SEC. 303. FEDERAL RECOGNITION.

(a) Federal Recognition.--
(1) In general.--Federal recognition is extended to the
Tribe.
(2) Applicability of laws.--All laws (including
regulations) of the United States of general applicability to
Indians or nations, Indian tribes, or bands of Indians
(including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)),
that are not inconsistent with this title shall be applicable
to the Tribe and tribal members.
(b) Federal Services and Benefits.--
(1) In general.--On and after the date of enactment of this
Act, the Tribe and tribal members shall be eligible for all
services and benefits provided by the Federal Government to
federally recognized Indian tribes without regard to--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any tribal member on
or near any Indian reservation.
(2) Service area.--For the purpose of the delivery of
Federal services to tribal members, the service area of the
Tribe shall be considered to be the area within 25 miles of
the Sharon Indian School at 13383 King William Road, King
William County, Virginia.

SEC. 304. MEMBERSHIP; GOVERNING DOCUMENTS.

SEC. 305. GOVERNING BODY.

SEC. 306. RESERVATION OF THE TRIBE.

(a) In General.--On request of the Tribe, the Secretary--
(1) shall take into trust for the benefit of the Tribe any
land held in fee by the Tribe that was acquired by the Tribe
on or before January 1, 2007; and
(2) may take into trust for the benefit of the Tribe any
land held in fee by the Tribe, if the land is located within
the boundaries of King William County, Caroline County,
Hanover County, King and Queen County, and New Kent County,
Virginia.
(b) Deadline for Determination.--The Secretary shall--
(1) not later than 3 years after the date of a request of
the Tribe under subsection (a), make a final written
determination regarding the request; and
(2) immediately make that determination available to the
Tribe.
(c) Reservation Status.--On request of the Tribe, any land
taken into trust for the benefit of the Tribe pursuant to
this section shall be considered to be a part of the
reservation of the Tribe.
(d) Gaming.--The Tribe may not conduct gaming activities--
(1) as a matter of claimed inherent authority; or
(2) pursuant to any Federal law, including the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any
regulations promulgated pursuant to that Act by the Secretary
or the National Indian Gaming Commission).

SEC. 307. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.

Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.

SEC. 308. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

TITLE IV--RAPPAHANNOCK TRIBE, INC.

SEC. 401. FINDINGS.

Congress finds that--
(1)(A) the first encounter with the English colonists was
chronicled by George Percy on May 5, 1607, when the
Rappahannock werowance, Pipiscumah or Pipisco, sent a
messenger to Captain Christopher Newport bidding the English
to come to him.
(B) Percy wrote, ``When we came to Rappahanna's town, he
entertained us in good humanity.'';
(C) the meeting took place approximately 10 miles from
Jamestown, at the principal town of the Rappahannocks on the
James River, Quioughcohanock (also called ``Tapahanauk'');
(D) Quioughcohanock was a part of the Powhatan chiefdom as
well as a later town named after the werowance, Pipisco;
(E) those towns were located in (Old) James City County,
which later became Surry County, Virginia; and
(F) there are numerous interactions between those
Rappahannock towns and the English recorded in the Jamestown
Narratives during the period of 1607 through 1617;
(2) during the initial months after Virginia was settled,
the Rappahannock Indians had 2 encounters with Captain John
Smith;
(3)(A) a meeting occurred during the time when Powhatan
held Smith captive (December 1607 through January 8, 1608);
(B) Smith was taken to the Rappahannock principal town on
the Rappahannock River to see if he was the ``great man''
that had previously sailed into the Rappahannock River,
killed their king and kidnaped their people; and
(C) it was determined that Smith was too short to be that
``great man'';
(4) a second meeting took place during Smith's exploration
of the Chesapeake Bay (July 1608 to September 1608), when,
after the Moraughtacund Indians had stolen 3 women from the
Rappahannock King, Smith was prevailed on to facilitate a
peaceful truce between the Rappahannock and the Moraughtacund
Indians;
(5) in the settlement, Smith had the 2 Indian tribes meet
on the spot of their first fight;
(6) when it was established that both groups wanted peace,
Smith told the Rappahannock King to select which of the 3
stolen women he wanted;
(7) the Moraughtacund King was given second choice among
the 2 remaining women, and Mosco, a Wighcocomoco (on the
Potomac River) guide, was given the third woman;
(8) in 1645, Captain William Claiborne tried unsuccessfully
to establish treaty relations with the Rappahannocks, because
the Rappahannock towns on the Rappahannock River had not
participated in the Pamunkey-led uprising in 1644, and the
English wanted to ``treat with the Rappahannocks or any other
Indians not in amity with Opechancanough, concerning serving
the County against the Pamunkey's'';
(9) in April 1651, the Rappahannocks conveyed a tract of
land to an English settler, Colonel Morre Fauntleroy;
(10) the deed for the conveyance was signed by Accopatough,
weroance of the Rappahannock Indians;
(11) in September 1653, Lancaster County signed a treaty
with Rappahannock Indians, the terms of which treaty--
(A) gave Rappahannocks the rights of Englishmen in the
county court; and
(B) attempted to make the Rappahannocks more accountable
under English law;
(12) in September 1653, Lancaster County defined and marked
the bounds of its Indian settlements;
(13) according to the Lancaster clerk of court, ``the tribe
called the great Rappahannocks lived on the Rappahannock
Creek just across the river above Tappahannock'';
(14) in September 1656, (Old) Rappahannock County (which,
as of the date of enactment of this Act, is comprised of
Richmond and Essex Counties, Virginia) signed a treaty with
Rappahannock Indians that--
(A) mirrored the Lancaster County treaty from 1653; and
(B) stated that--
(i) Rappahannocks were to be rewarded, in Roanoke, for
returning English fugitives; and
(ii) the English encouraged the Rappahannocks to send their
children to live among the English as servants, who the
English promised would be well-treated;
(15) in 1658, the Virginia Assembly revised a 1652 Act
stating that ``there be no grants of land to any Englishman
whatsoever de futuro until the Indians be first served with
the proportion of 50 acres of land for each bowman'';
(16) in 1669, the colony conducted a census of Virginia
Indians;
(17) as of the date of that census--
(A) the majority of the Rappahannocks were residing at
their hunting village on the north side of the Mattaponi
River; and
(B) at the time of the visit, census-takers were counting
only the Indian tribes along the rivers, which explains why
only 30 Rappahannock bowmen were counted on that river;
(18) the Rappahannocks used the hunting village on the
north side of the Mattaponi River as their primary residence
until the Rappahannocks were removed in 1684;
(19) in May 1677, the Treaty of Middle Plantation was
signed with England;
(20) the Pamunkey Queen Cockacoeske signed on behalf of the
Rappahannocks, ``who were supposed to be her tributaries'',
but before the treaty could be ratified, the Queen of
Pamunkey complained to the Virginia Colonial Council ``that
she was having trouble with Rappahannocks and Chickahominies,
supposedly tributaries of hers'';
(21) in November 1682, the Virginia Colonial Council
established a reservation for the Rappahannock Indians of
3,474 acres ``about

[[Page S879]]

the town where they dwelt'', the land being located in (Old)
New Kent County, which was later divided to include the
modern counties of Caroline and King & Queen in Virginia;
(22) the Rappahannock ``town'' was the hunting village on
the north side of the Mattaponi River, where the
Rappahannocks had lived throughout the 1670s;
(23) the acreage allotment of the reservation was based on
the 1658 Indian Land Act, which translates into a bowman
population of 70, or an approximate total Rappahannock
population of 350;
(24) in 1683, following raids by Iroquoian warriors on
Indian and English settlements, the Virginia Colonial Council
ordered the Rappahannocks to leave their reservation and
unite with the Nanzatico Indians at Nanzatico Indian Town,
which was located across and up the Rappahannock River
approximately 30 miles in King George County;
(25) between 1687 and 1699, the Rappahannocks migrated out
of Nanzatico, returning to the south side of the Rappahannock
River at Portobacco Indian Town;
(26)(A) in 1706, by order of Essex County, Lieutenant
Richard Covington ``escorted'' the Portobaccos, Nanzaticos,
and Rappahannocks out of Portabacco Indian Town, out of Essex
County, and into King and Queen County, where those Indians
settled along the ridgeline between the Rappahannock and
Mattaponi Rivers, the site of their ancient hunting village
and 1682 reservation; and
(B) that land encompassed the Newtown area on the King &
Queen County side of the Mattaponi River and extended into
Mangohick, on the King William County side of the Mattaponi
River;
(27) during the 1760s, 3 Rappahannock girls were raised on
Thomas Nelson's Bleak Hill Plantation in King William County;
(28) of those girls--
(A) 1 married a Saunders man;
(B) 1 married a Johnson man; and
(C) 1 had 2 children, Edmund and Carter Nelson, fathered by
Thomas Cary Nelson;
(29)(A) land was gifted by the Nelson family to the
Saunders and Johnson families as wedding gifts to the
Rappahannock girls in King William County; and
(B) in the 19th century, those Saunders, Johnson, and
Nelson families were among the core Rappahannock families
from which the modern Rappahannock Tribe traces its descent;
(30) in 1819 and 1820, Edward Bird, John Bird (and his
wife), Carter Nelson, Edmund Nelson, and Carter Spurlock (all
Rappahannock ancestors) were listed on the tax roles of King
and Queen County and taxed at the county poor rate;
(31) Edmund Bird was added to the tax roles in 1821;
(32) those tax records are significant documentation
because the great majority of pre-1864 records for King and
Queen County were destroyed by fire;
(33) beginning in 1819, and continuing through the 1880s,
there was a solid Rappahannock presence in the membership at
Upper Essex Baptist Church;
(34) that was the first instance of conversion to
Christianity by at least some Rappahannock Indians;
(35) while 26 identifiable and traceable Rappahannock
surnames appear on the pre-1863 membership list, and 28 were
listed on the 1863 membership roster, the number of surnames
listed had declined to 12 in 1878 and had risen only slightly
to 14 by 1888;
(36) a reason for the decline is that in 1870, a Methodist
circuit rider, Joseph Mastin, secured funds to purchase land
and construct St. Stephens Baptist Church for the
Rappahannocks living nearby in Caroline County;
(37) Mastin referred to the Rappahannocks during the period
of 1850 to 1870 as ``Indians, having a great need for moral
and Christian guidance'';
(38) St. Stephens was the dominant tribal church until the
Rappahannock Indian Baptist Church was established in 1964;
(39) at both churches, the core Rappahannock family names
of Bird, Clarke, Fortune, Johnson, Nelson, Parker, and
Richardson predominate;
(40) during the early 1900s, James Mooney, noted
anthropologist, maintained correspondence with the
Rappahannocks, surveying them and instructing them on how to
formalize their tribal government;
(41) in November 1920, Speck visited the Rappahannocks and
assisted them in organizing the fight for their sovereign
rights;
(42) in 1921, the Rappahannocks were granted a charter from
the Commonwealth of Virginia formalizing their tribal
government;
(43) Speck began a professional relationship with the Tribe
that would last more than 30 years and document Rappahannock
history and traditions as never before;
(44) in April 1921, Rappahannock Chief George Nelson asked
the Governor of Virginia, Westmoreland Davis, to forward a
proclamation to the President of the United States, along
with an appended list of tribal members and a handwritten
copy of the proclamation itself;
(45) the letter concerned Indian freedom of speech and
assembly nationwide;
(46) in 1922, the Rappahannocks established a formal school
at Lloyds, Essex County, Virginia;
(47) prior to establishment of the school, Rappahannock
children were taught by a tribal member in Central Point,
Caroline County, Virginia;
(48) in December 1923, Rappahannock Chief George Nelson
testified before Congress appealing for a $50,000
appropriation to establish an Indian school in Virginia;
(49) in 1930, the Rappahannocks were engaged in an ongoing
dispute with the Commonwealth of Virginia and the United
States Census Bureau about their classification in the 1930
Federal census;
(50) in January 1930, Rappahannock Chief Otho S. Nelson
wrote to Leon Truesdell, Chief Statistician of the United
States Census Bureau, asking that the 218 enrolled
Rappahannocks be listed as Indians;
(51) in February 1930, Truesdell replied to Nelson saying
that ``special instructions'' were being given about
classifying Indians;
(52) in April 1930, Nelson wrote to William M. Steuart at
the Census Bureau asking about the enumerators' failure to
classify his people as Indians, saying that enumerators had
not asked the question about race when they interviewed his
people;
(53) in a followup letter to Truesdell, Nelson reported
that the enumerators were ``flatly denying'' his people's
request to be listed as Indians and that the race question
was completely avoided during interviews;
(54) the Rappahannocks had spoken with Caroline and Essex
County enumerators, and with John M.W. Green at that point,
without success;
(55) Nelson asked Truesdell to list people as Indians if he
sent a list of members;
(56) the matter was settled by William Steuart, who
concluded that the Bureau's rule was that people of Indian
descent could be classified as ``Indian'' only if Indian
``blood'' predominated and ``Indian'' identity was accepted
in the local community;
(57) the Virginia Vital Statistics Bureau classed all
nonreservation Indians as ``Negro'', and it failed to see why
``an exception should be made'' for the Rappahannocks;
(58) therefore, in 1925, the Indian Rights Association took
on the Rappahannock case to assist the Rappahannocks in
fighting for their recognition and rights as an Indian tribe;
(59) during the Second World War, the Pamunkeys,
Mattaponis, Chickahominies, and Rappahannocks had to fight
the draft boards with respect to their racial identities;
(60) the Virginia Vital Statistics Bureau insisted that
certain Indian draftees be inducted into Negro units;
(61) finally, 3 Rappahannocks who were convicted of
violating the Federal draft laws because they refused to be
inducted unless they could be classified as Indian, after
spending time in a Federal prison, were granted conscientious
objector status and served out the remainder of the war
working in military hospitals;
(62) in 1943, Frank Speck noted that there were
approximately 25 communities of Indians left in the Eastern
United States that were entitled to Indian classification,
including the Rappahannocks;
(63) in the 1940s, Leon Truesdell, Chief Statistician, of
the United States Census Bureau, listed 118 members in the
Rappahannock Tribe in the Indian population of Virginia;
(64) on April 25, 1940, the Office of Indian Affairs of the
Department of the Interior included the Rappahannocks on a
list of Indian tribes classified by State and by agency;
(65) in 1948, the Smithsonian Institution Annual Report
included an article by William Harlen Gilbert entitled,
``Surviving Indian Groups of the Eastern United States'',
which included and described the Rappahannock Tribe;
(66) in the late 1940s and early 1950s, the Rappahannocks
operated a school at Indian Neck;
(67) the Commonwealth agreed to pay a tribal teacher to
teach 10 students bused by King and Queen County to Sharon
Indian School in King William County, Virginia;
(68) in 1965, Rappahannock students entered Marriott High
School (a white public school) by executive order of the
Governor of Virginia;
(69) in 1972, the Rappahannocks worked with the Coalition
of Eastern Native Americans to fight for Federal recognition;
(70) in 1979, the Coalition established a pottery and
artisans company, operating with other Virginia tribes;
(71) in 1980, the Rappahannocks received funding through
the Administration for Native Americans of the Department of
Health and Human Services to develop an economic program for
the Tribe; and
(72) in 1983, the Rappahannocks received State recognition
as an Indian tribe.

SEC. 402. DEFINITIONS.

In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Tribal member.--The term ``tribal member'' means--
(A) an individual who is an enrolled member of the Tribe as
of the date of enactment of this Act; and
(B) an individual who has been placed on the membership
rolls of the Tribe in accordance with this title.
(3) Tribe.--
(A) In general.--The term ``Tribe'' means the organization
possessing the legal name Rappahannock Tribe, Inc.
(B) Exclusions.--The term ``Tribe'' does not include any
other Indian tribe, subtribe, band, or splinter group the
members of which represent themselves as Rappahannock
Indians.

SEC. 403. FEDERAL RECOGNITION.

(a) Federal Recognition.--

[[Page S880]]

(1) In general.--Federal recognition is extended to the
Tribe.
(2) Applicability of laws.--All laws (including
regulations) of the United States of general applicability to
Indians or nations, Indian tribes, or bands of Indians
(including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)),
that are not inconsistent with this title shall be applicable
to the Tribe and tribal members.
(b) Federal Services and Benefits.--
(1) In general.--On and after the date of enactment of this
Act, the Tribe and tribal members shall be eligible for all
services and benefits provided by the Federal Government to
federally recognized Indian tribes without regard to--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any tribal member on
or near any Indian reservation.
(2) Service area.--For the purpose of the delivery of
Federal services to tribal members, the service area of the
Tribe shall be considered to be the area comprised of King
and Queen County, Caroline County, Essex County, and King
William County, Virginia.

SEC. 404. MEMBERSHIP; GOVERNING DOCUMENTS.

SEC. 405. GOVERNING BODY.

SEC. 406. RESERVATION OF THE TRIBE.

(a) In General.--On request of the Tribe, the Secretary--
(1) shall take into trust for the benefit of the Tribe any
land held in fee by the Tribe that was acquired by the Tribe
on or before January 1, 2007; and
(2) may take into trust for the benefit of the Tribe any
land held in fee by the Tribe, if the land is located within
the boundaries of King and Queen County, Richmond County,
Lancaster County, King George County, Essex County, Caroline
County, New Kent County, King William County, and James City
County, Virginia.
(b) Deadline for Determination.--The Secretary shall--
(1) not later than 3 years after the date of a request of
the Tribe under subsection (a), make a final written
determination regarding the request; and
(2) immediately make that determination available to the
Tribe.
(c) Reservation Status.--On request of the Tribe, any land
taken into trust for the benefit of the Tribe pursuant to
this section shall be considered to be a part of the
reservation of the Tribe.
(d) Gaming.--The Tribe may not conduct gaming activities--
(1) as a matter of claimed inherent authority; or
(2) pursuant to any Federal law, including the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any
regulations promulgated pursuant to that Act by the Secretary
or the National Indian Gaming Commission).

SEC. 407. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.

Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.

SEC. 408. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

TITLE V--MONACAN INDIAN NATION

SEC. 501. FINDINGS.

Congress finds that--
(1) In 1677, the Monacan Tribe signed the Treaty of Middle
Plantation between Charles II of England and 12 Indian
``Kings and Chief Men'';
(2) in 1722, in the Treaty of Albany, Governor Spotswood
negotiated to save the Virginia Indians from extinction at
the hands of the Iroquois;
(3) specifically mentioned in the negotiations were the
Monacan tribes of the Totero (Tutelo), Saponi, Ocheneeches
(Occaneechi), Stengenocks, and Meipontskys;
(4) in 1790, the first national census recorded Benjamin
Evans and Robert Johns, both ancestors of the present Monacan
community, listed as ``white'' with mulatto children;
(5) in 1782, tax records also began for those families;
(6) in 1850, the United States census recorded 29 families,
mostly large, with Monacan surnames, the members of which are
genealogically related to the present community;
(7) in 1870, a log structure was built at the Bear Mountain
Indian Mission;
(8) in 1908, the structure became an Episcopal Mission and,
as of the date of enactment of this Act, the structure is
listed as a landmark on the National Register of Historic
Places;
(9) in 1920, 304 Amherst Indians were identified in the
United States census;
(10) from 1930 through 1931, numerous letters from Monacans
to the Bureau of the Census resulted from the decision of Dr.
Walter Plecker, former head of the Bureau of Vital Statistics
of the Commonwealth of Virginia, not to allow Indians to
register as Indians for the 1930 census;
(11) the Monacans eventually succeeded in being allowed to
claim their race, albeit with an asterisk attached to a note
from Dr. Plecker stating that there were no Indians in
Virginia;
(12) in 1947, D'Arcy McNickle, a Salish Indian, saw some of
the children at the Amherst Mission and requested that the
Cherokee Agency visit them because they appeared to be
Indian;
(13) that letter was forwarded to the Department of the
Interior, Office of Indian Affairs, Chicago, Illinois;
(14) Chief Jarrett Blythe of the Eastern Band of Cherokee
did visit the Mission and wrote that he ``would be willing to
accept these children in the Cherokee school'';
(15) in 1979, a Federal Coalition of Eastern Native
Americans established the entity known as ``Monacan Co-
operative Pottery'' at the Amherst Mission;
(16) some important pieces were produced at Monacan Co-
operative Pottery, including a piece that was sold to the
Smithsonian Institution;
(17) the Mattaponi-Pamunkey-Monacan Consortium, established
in 1981, has since been organized as a nonprofit corporation
that serves as a vehicle to obtain funds for those Indian
tribes from the Department of Labor under Native American
programs;
(18) in 1989, the Monacan Tribe was recognized by the
Commonwealth of Virginia, which enabled the Tribe to apply
for grants and participate in other programs; and
(19) in 1993, the Monacan Tribe received tax-exempt status
as a nonprofit corporation from the Internal Revenue Service.

SEC. 502. DEFINITIONS.

SEC. 503. FEDERAL RECOGNITION.

(a) Federal Recognition.--
(1) In general.--Federal recognition is extended to the
Tribe.
(2) Applicability of laws.--All laws (including
regulations) of the United States of general applicability to
Indians or nations, Indian tribes, or bands of Indians
(including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)),
that are not inconsistent with this title shall be applicable
to the Tribe and tribal members.
(b) Federal Services and Benefits.--
(1) In general.--On and after the date of enactment of this
Act, the Tribe and tribal members shall be eligible for all
services and benefits provided by the Federal Government to
federally recognized Indian tribes without regard to--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any tribal member on
or near any Indian reservation.
(2) Service area.--For the purpose of the delivery of
Federal services to tribal members, the service area of the
Tribe shall be considered to be the area comprised of all
land within 25 miles from the center of Amherst, Virginia.

SEC. 504. MEMBERSHIP; GOVERNING DOCUMENTS.

SEC. 505. GOVERNING BODY.

SEC. 506. RESERVATION OF THE TRIBE.

(a) In General.--On request of the Tribe, the Secretary--
(1) shall take into trust for the benefit of the Tribe any
land held in fee by the Tribe that was acquired by the Tribe
on or before January 1, 2007, if the land is located within
the boundaries of Amherst County, Virginia; and
(2) may take into trust for the benefit of the Tribe--

[[Page S881]]

(A) any land held in fee by the Tribe, if the land is
located within the boundaries of Amherst County, Virginia;
and
(B) the parcels of land located in Rockbridge County,
Virginia (subject to the consent of the local unit of
government), owned by Mr. J. Poole, described as East 731
Sandbridge (encompassing approximately 4.74 acres) and East
731 (encompassing approximately 5.12 acres).
(b) Deadline for Determination.--The Secretary shall--
(1) not later than 3 years after the date of a request of
the Tribe under subsection (a)(2), make a final written
determination regarding the request; and
(2) immediately make that determination available to the
Tribe.
(c) Reservation Status.--On request of the Tribe, any land
taken into trust for the benefit of the Tribe pursuant to
this section shall be considered to be a part of the
reservation of the Tribe.
(d) Gaming.--The Tribe may not conduct gaming activities--
(1) as a matter of claimed inherent authority; or
(2) pursuant to any Federal law, including the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any
regulations promulgated pursuant to that Act by the Secretary
or the National Indian Gaming Commission).

SEC. 507. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.

Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.

SEC. 508. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

TITLE VI--NANSEMOND INDIAN TRIBE

SEC. 601. FINDINGS.

Congress finds that--
(1) from 1607 until 1646, Nansemond Indians--
(A) lived approximately 30 miles from Jamestown; and
(B) were significantly involved in English-Indian affairs;
(2) after 1646, there were 2 sections of Nansemonds in
communication with each other, the Christianized Nansemonds
in Norfolk County, who lived as citizens, and the
traditionalist Nansemonds, who lived further west;
(3) in 1638, according to an entry in a 17th century sermon
book still owned by the Chief's family, a Norfolk County
Englishman married a Nansemond woman;
(4) that man and woman are lineal ancestors of all of
members of the Nansemond Indian tribe alive as of the date of
enactment of this Act, as are some of the traditionalist
Nansemonds;
(5) in 1669, the 2 Nansemond sections appeared in Virginia
Colony's census of Indian bowmen;
(6) in 1677, Nansemond Indians were signatories to the
Treaty of 1677 with the King of England;
(7) in 1700 and 1704, the Nansemonds and other Virginia
Indian tribes were prevented by Virginia Colony from making a
separate peace with the Iroquois;
(8) Virginia represented those Indian tribes in the final
Treaty of Albany, 1722;
(9) in 1711, a Nansemond boy attended the Indian School at
the College of William and Mary;
(10) in 1727, Norfolk County granted William Bass and his
kinsmen the ``Indian privileges'' of clearing swamp land and
bearing arms (which privileges were forbidden to other
nonwhites) because of their Nansemond ancestry, which meant
that Bass and his kinsmen were original inhabitants of that
land;
(11) in 1742, Norfolk County issued a certificate of
Nansemond descent to William Bass;
(12) from the 1740s to the 1790s, the traditionalist
section of the Nansemond tribe, 40 miles west of the
Christianized Nansemonds, was dealing with reservation land;
(13) the last surviving members of that section sold out in
1792 with the permission of the Commonwealth of Virginia;
(14) in 1797, Norfolk County issued a certificate stating
that William Bass was of Indian and English descent, and that
his Indian line of ancestry ran directly back to the early
18th century elder in a traditionalist section of Nansemonds
on the reservation;
(15) in 1833, Virginia enacted a law enabling people of
European and Indian descent to obtain a special certificate
of ancestry;
(16) the law originated from the county in which Nansemonds
lived, and mostly Nansemonds, with a few people from other
counties, took advantage of the new law;
(17) a Methodist mission established around 1850 for
Nansemonds is currently a standard Methodist congregation
with Nansemond members;
(18) in 1901, Smithsonian anthropologist James Mooney--
(A) visited the Nansemonds; and
(B) completed a tribal census that counted 61 households
and was later published;
(19) in 1922, Nansemonds were given a special Indian school
in the segregated school system of Norfolk County;
(20) the school survived only a few years;
(21) in 1928, University of Pennsylvania anthropologist
Frank Speck published a book on modern Virginia Indians that
included a section on the Nansemonds; and
(22) the Nansemonds were organized formally, with elected
officers, in 1984, and later applied for and received State
recognition.

SEC. 602. DEFINITIONS.

SEC. 603. FEDERAL RECOGNITION.

(a) Federal Recognition.--
(1) In general.--Federal recognition is extended to the
Tribe.
(2) Applicability of laws.--All laws (including
regulations) of the United States of general applicability to
Indians or nations, Indian tribes, or bands of Indians
(including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)),
that are not inconsistent with this title shall be applicable
to the Tribe and tribal members.
(b) Federal Services and Benefits.--
(1) In general.--On and after the date of enactment of this
Act, the Tribe and tribal members shall be eligible for all
services and benefits provided by the Federal Government to
federally recognized Indian tribes without regard to--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any tribal member on
or near any Indian reservation.
(2) Service area.--For the purpose of the delivery of
Federal services to tribal members, the service area of the
Tribe shall be considered to be the area comprised of the
cities of Chesapeake, Hampton, Newport News, Norfolk,
Portsmouth, Suffolk, and Virginia Beach, Virginia.

SEC. 604. MEMBERSHIP; GOVERNING DOCUMENTS.

SEC. 605. GOVERNING BODY.

SEC. 606. RESERVATION OF THE TRIBE.

(a) In General.--On request of the Tribe, the Secretary--
(1) shall take into trust for the benefit of the Tribe any
land held in fee by the Tribe that was acquired by the Tribe
on or before January 1, 2007; and
(2) may take into trust for the benefit of the Tribe any
land held in fee by the Tribe, if the land is located within
the boundaries of the city of Suffolk, the city of
Chesapeake, or Isle of Wight County, Virginia.
(b) Deadline for Determination.--The Secretary shall--
(1) not later than 3 years after the date of a request of
the Tribe under subsection (a), make a final written
determination regarding the request; and
(2) immediately make that determination available to the
Tribe.
(c) Reservation Status.--On request of the Tribe, any land
taken into trust for the benefit of the Tribe pursuant to
this section shall be considered to be a part of the
reservation of the Tribe.
(d) Gaming.--The Tribe may not conduct gaming activities--
(1) as a matter of claimed inherent authority; or
(2) pursuant to any Federal law, including the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any
regulations promulgated pursuant to that Act by the Secretary
or the National Indian Gaming Commission).

SEC. 607. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.

Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.

SEC. 608. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

[[Page S882]]

consultation with the Attorney General of the United States,
all or any portion of the jurisdiction of the Commonwealth of
Virginia described in subsection (a) on verification by the
Secretary of a certification by the Tribe that the Tribe
possesses the capacity to reassume that jurisdiction.
(c) Effect of Section.--Nothing in this section affects the
application of section 109 of the Indian Child Welfare Act of
1978 (25 U.S.C. 1919).
______

By Mr. UDALL of Colorado (for himself and Mr. Barrasso):
S. 382. A bill to amend the National Forest Ski Area Permit Act of
1986 to clarify the authority of the Secretary of Agriculture regarding
additional recreational uses of National Forest System land that is
subject to ski area permits, and for other permits; to the Committee on
Energy and Natural Resources.
Mr. UDALL of Colorado. Mr. President, while our economy is beginning
to show signs of recovery, there is still a long way to go. This is
especially true in our rural communities. That is why I am
reintroducing a bipartisan bill that would help provide new economic
opportunities in mountain communities across this country--the Ski Area
Recreational Opportunity Enhancement Act.
The outdoors and recreation industries have been a bright spot in the
economic downturn. More Americans are spending time outside, enjoying
the natural world and getting exercise. I have long felt it is in the
national interest to encourage Americans to engage in outdoor
activities that can contribute to their health and well being. Our
public lands already play a key role by providing opportunities for
hiking, skiing, mountain biking and a range of other activities.
In Colorado and across the country, for example, many ski areas are
located on National Forest lands. However, under existing law, the
National Forest Service bases ski area permits primarily on ``Nordic
and alpine skiing'', a classification that does not reflect the full
spectrum of snowsports, nor the use of ski permit areas for non-winter
activities. This has resulted in uncertainty for both the Forest
Service and ski areas as to whether and how other activities, such as
summer-time activities, can occur on permitted areas.
In effect, this means that ski areas on National Forest lands are
primarily restricted to use for winter recreation, as opposed to year-
round recreation.
The legislation I am introducing with Senator Barrasso of Wyoming
would clarify this ambiguity. It would ensure that ski area permits
could be used for additional snowsports, such as snowboarding, as well
as specifically authorizing the Forest Service to allow additional
recreational opportunities--like summer-time activities--in permit
areas.
I should note that this authority is limited. The primary activity in
the permit area must remain skiing or other snowsports. And there are
specific types of development, such as water parks and amusement parks,
that are specifically prohibited.
This is a narrowly targeted bill that will lead to additional
opportunities for seasonal and year-round recreational activities at
ski areas on public lands--and most importantly help create more
sustainable, year round jobs.
I would like to thank Senator Barrasso for his continued support of
this legislation and his efforts to work with me in the last Congress
to pass this bill. I know we were both disappointed that the objections
of just two Senators prevented this common-sense legislation from
becoming law. Hopefully we will have more success this year--because
our mountain communities should be given every opportunity to thrive,
as this legislation would help do.
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. 382

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 ``Ski Area Recreational
Opportunity Enhancement Act of 2011''.

SEC. 2. PURPOSE.

The purpose of this Act is to amend the National Forest Ski
Area Permit Act of 1986 (16 U.S.C. 497b)--
(1) to enable snow-sports (other than nordic and alpine
skiing) to be permitted on National Forest System land
subject to ski area permits issued by the Secretary of
Agriculture under section 3 of the National Forest Ski Area
Permit Act of 1986 (16 U.S.C. 497b); and
(2) to clarify the authority of the Secretary of
Agriculture to permit appropriate additional seasonal or
year-round recreational activities and facilities on National
Forest System land subject to ski area permits issued by the
Secretary of Agriculture under section 3 of the National
Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b).

SEC. 3. SKI AREA PERMITS.

Section 3 of the National Forest Ski Area Permit Act of
1986 (16 U.S.C. 497b) is amended--
(1) in subsection (a), by striking ``nordic and alpine ski
areas and facilities'' and inserting ``ski areas and
associated facilities'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``nordic and alpine skiing operations and
purposes'' and inserting ``skiing and other snow sports and
recreational uses authorized by this Act'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(4) by inserting after subsection (b) the following:
``(c) Other Recreational Uses.--
``(1) Authority of secretary.--Subject to the terms of a
ski area permit issued pursuant to subsection (b), the
Secretary may authorize a ski area permittee to provide such
other seasonal or year-round natural resource-based
recreational activities and associated facilities (in
addition to skiing and other snow-sports) on National Forest
System land subject to a ski area permit as the Secretary
determines to be appropriate.
``(2) Requirements.--Each activity and facility authorized
by the Secretary under paragraph (1) shall--
``(A) encourage outdoor recreation and enjoyment of nature;
``(B) to the extent practicable--
``(i) harmonize with the natural environment of the
National Forest System land on which the activity or facility
is located; and
``(ii) be located within the developed portions of the ski
area;
``(C) be subject to such terms and conditions as the
Secretary determines to be appropriate; and
``(D) be authorized in accordance with--
``(i) the applicable land and resource management plan; and
``(ii) applicable laws (including regulations).
``(3) Inclusions.--Activities and facilities that may, in
appropriate circumstances, be authorized under paragraph (1)
include--
``(A) zip lines;
``(B) mountain bike terrain parks and trails;
``(C) frisbee golf courses; and
``(D) ropes courses.
``(4) Exclusions.--Activities and facilities that are
prohibited under paragraph (1) include--
``(A) tennis courts;
``(B) water slides and water parks;
``(C) swimming pools;
``(D) golf courses; and
``(E) amusement parks.
``(5) Limitation.--The Secretary may not authorize any
activity or facility under paragraph (1) if the Secretary
determines that the authorization of the activity or facility
would result in the primary recreational purpose of the ski
area permit to be a purpose other than skiing and other snow-
sports.
``(6) Boundary determination.--In determining the acreage
encompassed by a ski area permit under subsection (b)(3), the
Secretary shall not consider the acreage necessary for
activities and facilities authorized under paragraph (1).
``(7) Effect on existing authorized activities and
facilities.--Nothing in this subsection affects any activity
or facility authorized by a ski area permit in effect on the
date of enactment of this subsection during the term of the
permit.'';
(5) by striking subsection (d) (as redesignated by
paragraph (3)), and inserting the following:
``(d) Regulations.--Not later than 2 years after the date
of enactment of this subsection, the Secretary shall
promulgate regulations to implement this section.''; and
(6) in subsection (e) (as redesignated by paragraph (3)),
by striking ``the National Environmental Policy Act, or the
Forest and Rangelands Renewable Resources Planning Act as
amended by the National Forest Management Act'' and inserting
``the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.)''.

SEC. 4. EFFECT.

Nothing in the amendments made by this Act establishes a
legal preference for the holder of a ski area permit to
provide activities and associated facilities authorized by
section 3(c) of the National Forest Ski Area Permit Act of
1986 (16 U.S.C. 497b(c)) (as amended by section 3).
______

By Mr. UDALL of Colorado:
S. 383. A bill to promote the domestic production of critical
minerals and materials, and for other purposes; to the Committee on
Energy and Natural Resources.

[[Page S883]]

Mr. UDALL of Colorado. Mr. President, I rise today to address an
issue that affects both our economic and national security--critical
minerals and materials. These materials are used in everything from
wind turbines to cell phones to weapons guidance systems. However,
these materials are primarily imported--many from China--and not always
readily available. For example, several clean energy technologies--
including wind turbines, batteries and solar panels--require materials
that are at risk of supply disruptions. According to the Department of
Energy, clean energy technologies currently constitute 20 percent of
global consumption of critical materials. As clean energy technologies
are deployed more widely in the decades ahead, demand for critical
materials will likely grow.
Furthermore, these materials are needed for a number of products
essential to protecting our Nation's security, including precision-
guided munitions systems, lasers, communication systems, radar systems,
avionics, night vision equipment, and satellites. Many of these
materials are produced primarily in other countries, and some are not
produced in the United States at all.
One group of critical minerals with very high importance today is
rare earth elements. The United States was once the primary producer of
rare earth materials according to the U.S. Geological Survey, but over
the past 15 years we have become 100 percent reliant on imports, with
97 percent coming from China.
When the rare earth industry left the United States, our rare earth
materials workforce dwindled as well, leaving very few experts with
experience in processing these materials. Currently, there are no
curricula in U.S. universities that are geared toward training a new
expert workforce; rather, most of the expertise resides in China and
Japan. In addition, the U.S.-developed intellectual property for making
many of these materials is owned by Japan.
Rare earth materials are not the only critical materials in demand
today. Similar supply problems are imminent for other types of minerals
and materials that will be essential for the increased deployment of
technologies like batteries, solar panels and electric vehicles. Both
the Department of Energy and the National Academy of Sciences have
identified minerals and materials--such as lithium, manganese and
rhodium--that are now or could become critical in the near future.
Today, I am introducing the Critical Minerals and Materials Act of
2011, a bill intended to help build up the supply chain of minerals and
materials that are vital for the development of a clean energy economy
and for our national defense.
The National Academy of Sciences recommended improved data-gathering
by the Federal Government along with research and development to
encourage domestic innovation in the area of critical minerals and
materials. My bill specifically would direct the Department of Energy
to begin research and development on critical minerals and materials in
order to strengthen our domestic supply chain. It would also direct the
Department of the Interior to lead in gathering information on the
current supply chain and to forecast what materials we might need in
the future as our clean energy economy develops.
Finally, my bill would build up the workforce necessary for the
United States to regain its leadership in the critical minerals and
materials industry. Fellow Coloradans in this industry have told me
that it is difficult to find qualified workers to hire in the minerals
and materials sector. There are good-paying jobs out there waiting to
be filled, and more will become available as these industries grow. But
we need to make sure our workforce is properly trained to be able to
take advantage of these opportunities and retain U.S. expertise in this
industry. My bill will provide for such training in the Nation's
colleges and universities, as well as in our technical and community
colleges.
While there are a great many minerals and materials that are
important for our economic and national security, my bill will focus on
only the small portion of minerals and materials that have become
critical due to their highly vulnerable supply chain. These critical
minerals and materials are in danger of becoming simply unavailable or
extremely expensive and I believe these deserve extra attention.
We must also recognize that the raw minerals for these critical
materials are often on Federal land and are a valuable resource owned
by U.S. citizens. Mining for them must be done in a safe and
environmentally responsible way--and that is why I continue to support
mining law reform. However, we simply cannot be so dependent upon China
or any other nation to provide these critical materials. My bill would
ensure that the U.S. is armed with a robust domestic supply chain and a
skilled workforce needed to produce these materials. I urge my
colleagues of both parties to join me in supporting this 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. 383

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 ``Critical Minerals and
Materials Promotion Act of 2011''.

SEC. 2. DEFINITION OF CRITICAL MINERALS AND MATERIALS.

In this Act:
(1) In general.--The term ``critical minerals and
materials'' means naturally occurring, nonliving, nonfuel
substances with a definite chemical composition--
(A) that perform an essential function for which no
satisfactory substitutes exist; and
(B) the supply of which has a high probability of becoming
restricted, leading to physical unavailability or excessive
costs for the applicable minerals and materials in key
applications.
(2) Exclusions.--The term ``critical minerals and
materials'' does not include ice, water, or snow.

SEC. 3. PROGRAM TO DETERMINE PRESENCE OF AND FUTURE NEEDS FOR
CRITICAL MINERALS AND MATERIALS.

(a) In General.--The Secretary of the Interior, acting
through the United States Geological Survey, shall establish
a research and development program--
(1) to provide data and scientific analyses for research
on, and assessments of the potential for, undiscovered and
discovered resources of critical minerals and materials in
the United States and other countries; and
(2) to analyze and assess current and future critical
minerals and materials supply chains--
(A) with advice from the Energy Information Administration
on future energy technology market penetration; and
(B) using the Mineral Commodity Summaries produced by the
United States Geological Survey.
(b) Global Supply Chain.--The Secretary shall, if
appropriate, cooperate with international partners to ensure
that the program established under subsection (a) provides
analyses of the global supply chain of critical minerals and
materials.

SEC. 4. PROGRAM TO STRENGTHEN THE DOMESTIC CRITICAL MINERALS
AND MATERIALS SUPPLY CHAIN FOR CLEAN ENERGY
TECHNOLOGIES.

The Secretary of Energy shall conduct a program of
research, development, and demonstration to strengthen the
domestic critical minerals and materials supply chain for
clean energy technologies and to ensure the long-term,
secure, and sustainable supply of critical minerals and
materials sufficient to strengthen the national security of
the United States and meet the clean energy production needs
of the United States, including--
(1) critical minerals and materials production, processing,
and refining;
(2) minimization of critical minerals and materials in
energy technologies;
(3) recycling of critical minerals and materials; and
(4) substitutes for critical minerals and materials in
energy technologies.

SEC. 5. STRENGTHENING EDUCATION AND TRAINING IN MINERAL AND
MATERIAL SCIENCE AND ENGINEERING FOR CRITICAL
MINERALS AND MATERIALS PRODUCTION.

(a) In General.--The Secretary of Energy shall promote the
development of the critical minerals and materials industry
workforce in the United States.
(b) Support.--In carrying out subsection (a), the Secretary
shall support--
(1) critical minerals and materials education by providing
undergraduate and graduate scholarships and fellowships at
institutions of higher education, including technical and
community colleges;
(2) partnerships between industry and institutions of
higher education, including technical and community colleges,
to provide onsite job training; and
(3) development of courses and curricula on critical
minerals and materials.

SEC. 6. SUPPLY OF CRITICAL MINERALS AND MATERIALS.

(a) Policy.--It is the policy of the United States to
promote an adequate and stable

[[Page S884]]

supply of critical minerals and materials necessary to
maintain national security, economic well-being, and
industrial production with appropriate attention to a long-
term balance between resource production, energy use, a
healthy environment, natural resources conservation, and
social needs.
(b) Implementation.--To implement the policy described in
subsection (a), the President, acting through the Executive
Office of the President, shall--
(1) coordinate the actions of applicable Federal agencies;
(2) identify critical minerals and materials needs and
establish early warning systems for critical minerals and
materials supply problems;
(3) establish a mechanism for the coordination and
evaluation of Federal critical minerals and materials
programs, including programs involving research and
development, in a manner that complements related efforts
carried out by the private sector and other domestic and
international agencies and organizations;
(4) promote and encourage private enterprise in the
development of economically sound and stable domestic
critical minerals and materials supply chains;
(5) promote and encourage the recycling of critical
minerals and materials, taking into account the logistics,
economic viability, environmental sustainability, and
research and development needs for completing the recycling
process;
(6) assess the need for and make recommendations concerning
the availability and adequacy of the supply of technically
trained personnel necessary for critical minerals and
materials research, development, extraction, and industrial
practice, with a particular focus on the problem of
attracting and maintaining high quality professionals for
maintaining an adequate supply of critical minerals and
materials; and
(7) report to Congress on activities and findings under
this subsection.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this
Act such sums as are necessary.
______

By Mrs. FEINSTEIN (for herself, Mrs. Hutchison, Mrs. Boxer, Ms.
Snowe, Mrs. Gillibrand, Mr. Schumer, Mr. Portman, Mr. Durbin,
Mr. Blumenthal, Mr. Udall of New Mexico, Mr. Begich, Mr. Coons,
Mr. Barrasso, Ms. Mikulski, Mr. Burr, Mr. Lautenberg, Mr.
Kerry, Mr. Johnson of South Dakota, Mr. Tester, Mr. Merkley,
Mr. Lieberman, Mr. Moran, Mr. Cochran, Mrs. Murray, Mr. Ensign,
Mr. Nelson of Nebraska, and Mr. Hatch):
S. 384. A bill to amend title 39, United States Code, to extend the
authority of the United States Postal Service to issue a semipostal to
raise funds for breast cancer research; to the Committee on Homeland
Security and Governmental Affairs.
Mrs. FEINSTEIN. Mr. President, I rise today with Senator Hutchison to
introduce legislation to reauthorize the extraordinarily successful
Breast Cancer Research Stamp for 4 additional years.
Without Congressional action, this important stamp will expire on
December 31 of this year.
This stamp deserves to be extended as it has proven to be highly
effective.
Since 1998, over 907 million breast cancer research stamps have been
sold--raising over $72 million for breast cancer research.
Furthermore, in October 2007, the Government Accountability Office,
GAO, released a report showing that the Breast Cancer Research Stamp
has been a success and an effective fund-raiser in the effort to
increase funds to fight the disease.
The National Institutes of Health, NIH, and the Department of Defense
have received approximately $50.4 million and $21.6 million,
respectively, putting these research dollars to good use by funding
innovative advances in breast cancer research.
For example, in 2006, NIH began funding the Trial Assigning
Individualized Options for Treatment Program, TAILORx, with proceeds
from the Breast Cancer Research Stamp. The trial is designed to
determine which patients with early stage breast cancer would be more
likely to benefit from chemotherapy and, therefore, reduce the use of
chemotherapy in those patients who are unlikely to benefit. The goal of
TAILORx is to determine the most effective current approach to cancer
treatment, with the fewest side effects, for women with early-stage
breast cancer by using a validated diagnostic test.
Thanks to breakthroughs in cancer research, more and more people are
becoming cancer survivors rather than cancer victims. Every dollar we
continue to raise will help save lives.
One cannot calculate in dollars and cents how the stamp has focused
public awareness on this terrible disease and the need for additional
research funding.
There is still so much more to do because this disease has far
reaching effects on our Nation.
Breast cancer is the second most commonly diagnosed cancer among
women after skin cancer.
More than 2.5 million women in the U.S. are living with breast cancer
today.
Over 200,000 women have been diagnosed with cancer in each of the
past few years, and will be diagnosed in the coming year.
Though male breast cancer is much less common, 1,970 men were
diagnosed with breast cancer last year.
This legislation would extend the authorization of the Breast Cancer
Research stamp for 4 additional years--until December 31, 2015.
It also will allow the stamp to continue to have a surcharge above
the value of a first-class stamp with the surplus revenues going to
breast cancer research.
It will not affect any other semi-postal proposals under
consideration by the U.S. Postal Service.
I urge my colleagues to join me and Senator Hutchison in passing this
important legislation to extend the Breast Cancer Research Stamp for
another 4 years.
Until a cure is found, the money from the sale of this unique postal
stamp will continue to focus public awareness on this devastating
disease and provide hope to breast cancer survivors.
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. 384

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

SECTION 1. EXTENSION OF POSTAGE STAMP FOR BREAST CANCER
RESEARCH.

Section 414(h) of title 39, United States Code, is amended
by striking ``2011'' and inserting ``2015''.
______

By Mr. LEAHY (for himself, Mr. Sanders, Mr. Schumer, Mr. Conrad,
and Mr. Franken):
S. 385. A bill to include nonprofit and volunteer ground and air
ambulance crew members and first responders for certain benefits; to
the Committee on the Judiciary.
Mr. LEAHY. Mr. President, today I again introduce legislation to
correct an inequity in the U.S. Department of Justice's Public Safety
Officers Benefits, PSOB, Program, by extending benefits to nonprofit
Emergency Medical Services, EMS, providers who die or are permanently
disabled in the line of duty. I am pleased to be joined in this effort
by Senator Sanders and Senator Schumer.
The legislation is named after Dale Long, a long-time paramedic and
shift supervisor with the Bennington Rescue Squad in Vermont. Dale Long
died two years ago in a tragic, on-duty accident while treating and
transporting a patient. He had a superb 25-year career as a Vermont
paramedic. He helped many, many people in ways they will never forget,
and Dale Long will not be forgotten.
I had the pleasure and honor of meeting Dale in 2009--less than two
months before his death--when he was in Washington to receive the
prestigious Star of Life Award from the American Ambulance Association.
Dale earlier had received Vermont's EMS Advanced Rescuer of the Year
Award, in 2008. In 2010, Dale was honored as part of the National EMS
Memorial Service.
Dale's tragic passing highlighted a major shortcoming in the current
PSOB program, which Congress established more than 30 years ago to lend
a hand to police officers, firefighters and medics who lose their lives
or are permanently disabled in the line of duty. The current benefit
only applies to public safety officers employed by a Federal, State, or
local government entity. With many communities around the United States
choosing to have their emergency medical services provided by nonprofit
agencies, medics working for these nonprofit services unfortunately are
not eligible for this help under the PSOB program.

[[Page S885]]

Nonprofit public safety officers provide identical services to
governmental officers and do so daily in the same dangerous
environments. With a renewed appreciation for the vital and timely
community service of first responders since the national tragedy of
September 11, 2001, more people are answering the call to serve their
communities. At the same time, more rescue workers are falling through
the cracks of the PSOB program.
The Dale Long Emergency Medical Service Provider Protection Act will
correct this inequality by extending the PSOB program to cover
nonprofit EMS officers who provide emergency medical and ground or air
ambulance service. These emergency professionals protect and promote
the public good of the communities they serve, and we should not
unfairly penalize them and their families simply because they work or
volunteer for a nonprofit organization.
The modest cost of this remedy also is fully offset and will not add
to the federal deficit.
This is a carefully crafted, commonsense remedy to a clear
discrepancy in the law. I am pleased with the widespread support this
bill has earned. Momentum continues to build for this solution, and I
will keep at this effort until the Dale Long Emergency Medical Service
Provider Protection Act becomes the law of the land.
I thank several first responder organizations--including the American
Ambulance Association, the National Association of EMTs, the
International Association of Fire Fighters, the International
Association of Fire Chiefs, and the Fraternal Order of Police--for
their support of this effort.
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. 385

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 ``Dale Long Emergency Medical
Service Providers Protection Act''.

SEC. 2. ELIGIBILITY.

Section 1204 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended--
(1) in paragraph (7), by striking ``public employee member
of a rescue squad or ambulance crew;'' and inserting
``employee or volunteer member of a rescue squad or ambulance
crew (including a ground or air ambulance service) that--
``(A) is a public agency; or
``(B) is (or is a part of) a nonprofit entity serving the
public that--
``(i) is officially authorized or licensed to engage in
rescue activity or to provide emergency medical services; and
``(ii) is officially designated as a pre-hospital emergency
medical response agency;''; and
(2) in paragraph (9)--
(A) in subparagraph (A), by striking ``as a chaplain'' and
all that follows through the semicolon, and inserting ``or as
a chaplain;'';
(B) in subparagraph (B)(ii), by striking ``or'' after the
semicolon;
(C) in subparagraph (C)(ii), by striking the period and
inserting ``; or''; and
(D) by adding at the end the following:
``(D) a member of a rescue squad or ambulance crew who, as
authorized or licensed by law and by the applicable agency or
entity (and as designated by such agency or entity), is
engaging in rescue activity or in the provision of emergency
medical services.''.

SEC. 3. OFFSET.

Of the unobligated balances available under the Department
of Justice Assets Forfeiture Fund, $12,000,000 are
permanently cancelled.

SEC. 4. EFFECTIVE DATE.

The amendments made by section 2 shall apply only to
injuries sustained on or after June 1, 2009.
______

By Mr. DURBIN (for himself, Mr. Reed, and Mr. Brown of Ohio):
S. 386. A bill to provide assistance to certain employers and States
in 2011 and 2012, to improve the long-term solvency of the Unemployment
Compensation program, and for other purposes; to the Committee on
Finance.
Mr. DURBIN. Mr. President, employers in several States, including
Illinois, are facing an automatic tax increase if Congress doesn't do
something. That is right. Businesses that are struggling in this
recession face a Federal tax coming their way if we don't act.
I am introducing a bill today that will prevent that. This is a time
when we need to help businesses--small businesses in particular--to
spend every dime they have on hiring people looking for work.
Here is why I am introducing the bill.
Current law requires States that have overdrawn their unemployment
insurance trust funds to raise taxes on employers to fill that deficit.
The recession put tens of millions of Americans out of work, and the
number of people who have been unable to find new work for more than 6
months is unprecedented in recent history. Unemployment insurance has
helped these families through a difficult time, and it has been a good
investment. It is money that has been given to the unemployed that is
quickly put back into the economy, creating demands for goods and
services.
The Congressional Budget Office ranks unemployment benefit payments
as one of the most stimulative things we can do to turn this economy
around. So we know it is good economics. That spending is going to help
drive up demand for what private companies sell, which encourages them
to hire more workers. But the ferocity of the economic downturn has
strained the unemployment insurance trust fund in many States.
Let me be clear. This problem has nothing to do with the operating
deficits many States are facing. That is a bigger but unrelated
problem. The UI trust funds can only be used by States to pay
unemployment insurance, and it is these trust funds that we need to
return to solvency. That is what the Unemployment Insurance Solvency
Act, which I have introduced, would do.
Here is what it specifically sets out to accomplish:
First, it would waive the requirement that States immediately charge
local employers higher taxes for the next 2 years. This would save
companies located in my State of Illinois, for example, over $300
billion over the next 2 years and save businesses nationwide between $8
billion and $11 billion between now and the end of 2013.
Second, it would waive the interest payments that States would
otherwise be required to pay for the next 2 years. That is going to
save Illinois $200 million in interest payments over the next 2 years.
Finally, it gives States--Governors, State legislatures, and local
employers working together--greater flexibility in figuring out how to
replenish their unemployment trust fund starting in 2014.
It would give States three options to explore: First, to restructure
their UI tax base and rates to fill any hole in the trust fund; second,
seek forgiveness from the Federal Government for a portion of the debts
the State might owe to its trust fund in return for entering into a
long-term solvency plan with the Department of Labor to protect the
interests of the jobless who need unemployment insurance; third,
maintain existing solvency that a State has already achieved, earning
higher Federal UI interest payments and lower Federal UI taxes for its
employers.
The President included a version of this proposal in his budget he
submitted to Congress on Monday. I commend him for it.
With 13.9 million people out of work and $14 trillion in Federal
debt, we need to find creative solutions to solve problems facing
workers and employers. This bill I have introduced, cosponsored by
Senator Jack Reed of Rhode Island and Senator Sherrod Brown of Ohio, is
one that I think addresses this issue in a proper manner. It removes
this new burden on small businesses, a tax burden which can only hold
them back from hiring the people they need and reducing unemployment,
and it gives to States that are hard-pressed because of other financial
problems at least 2 years where they don't need to pay the interest
they owe on the money for unemployment insurance. It is a stopgap
emergency measure supported by the Obama administration which I am
happy to introduce.
This bill will prevent immediate tax increases on employers. It
ensures unemployment insurance will be there when workers need it. And
it does not raise the Federal debt. I urge my colleagues to support it.
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. 386

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

[[Page S886]]

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the
``Unemployment Insurance Solvency Act of 2011''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Extension of assistance for States with advances.
Sec. 3. Reduction in the rate of employer taxes.
Sec. 4. Modifications of employer credit reductions.
Sec. 5. Increase in the taxable wage base.
Sec. 6. Voluntary State agreements to abate principal on Federal loans.
Sec. 7. Rewards and incentives for solvent States and employers in
those States.

SEC. 2. EXTENSION OF ASSISTANCE FOR STATES WITH ADVANCES.

(a) In General.--Section 1202(b)(10)(A) of the Social
Security Act (42 U.S.C. 1322(b)(10)(A)) is amended by
striking ``2010'' and inserting ``2012'' in the matter
preceding clause (i).
(b) Effective Date.--The amendment made by this section
shall take effect as if included in the enactment of section
2004 of the Assistance for Unemployed Workers and Struggling
Families Act (Public Law 111-5; 123 Stat. 443).

SEC. 3. REDUCTION IN THE RATE OF EMPLOYER TAXES.

(a) In General.--Section 3301 of the Internal Revenue Code
of 1986 is amended--
(1) in paragraph (1), by striking ``2010 and the first 6
months of calendar year 2011'' and inserting ``2013''; and
(2) in paragraph (2), by striking ``6.0 percent in the case
of the remainder of calendar year 2011'' and inserting ``5.78
percent in the case of calendar year 2014''.
(b) Effective Date.--The amendments made by this section
shall take effect on the earlier of--
(1) the date of the enactment of this Act; or
(2) July 1, 2011.

SEC. 4. MODIFICATIONS OF EMPLOYER CREDIT REDUCTIONS.

(a) Limit on Total Credits.--Section 3302(c) of the
Internal Revenue Code of 1986 is amended--
(1) in paragraph (1), by striking ``90 percent of the tax
against which such credits are allowable'' and inserting ``an
amount equal to 5.4 percent of the total wages (as defined in
section 3306(b)) paid by such taxpayer during the calendar
year with respect to employment (as defined in section
3306(c))''; and
(2) in paragraph (2)--
(A) by striking subparagraphs (B) and (C) and the flush
matter following subparagraph (C);
(B) by striking ``(2) If'' and inserting ``(2)(A) If'';
(C) by striking ``(A)(i) in'' and inserting ``(i) in'';
(D) in clause (i) of subparagraph (A), as redesignated by
subparagraph (C), by striking ``5 percent of the tax imposed
by section 3301 with respect to the wages paid by such
taxpayer during such taxable year which are attributable to
such State'' and inserting ``an amount equal to 0.3 percent
of the total wages (as defined in section 3306(b)) paid by
such taxpayer during the calendar year with respect to
employment (as defined in section 3306(c))'';
(E) in clause (ii) of subparagraph (A)--
(i) by moving such clause 2 ems to the left;
(ii) by striking ``5 percent, for each such succeeding
taxable year, of the tax imposed by section 3301 with respect
to the wages paid by such taxpayer during such taxable year
which are attributable to such State;'' and inserting ``an
amount equal to 0.3 percent of the total wages (as defined in
section 3306(b)) paid by such taxpayer during the calendar
year with respect to employment (as defined in section
3306(c)), for each succeeding taxable year;''; and
(iii) by striking the semicolon at the end and inserting a
period; and
(F) by adding at the end the following new subparagraph:
``(B) The provisions of subparagraph (A) shall be applied
with respect to the taxable year beginning January 1, 2011,
or any succeeding taxable year by deeming January 1, 2013 to
be the first January 1 occurring after January 1, 2010. For
purposes of subparagraph (A), consecutive taxable years in
the period commencing January 1, 2013, shall be determined as
if the taxable year which begins on January 1, 2013, were the
taxable year immediately succeeding the taxable year which
began on January 1, 2010. No taxpayer shall be subject to
credit reductions under this paragraph for taxable years
beginning January 1, 2011 and January 1, 2012.''.
(b) Definitions and Special Rules.--Section 3302(d) of the
Internal Revenue Code of 1986 is amended--
(1) by striking paragraphs (1), (4), (5), (6), and (7); and
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
(c) Effective Date.--The amendments made by this section
shall take effect as if enacted on January 1, 2011.

SEC. 5. INCREASE IN THE TAXABLE WAGE BASE.

(a) In General.--Section 3306 of the Internal Revenue Code
of 1986 is amended--
(1) in subsection (b), by striking ``$7,000'' both places
it appears and inserting ``the applicable wage base amount
(as defined in subsection (v)(1))''; and
(2) by adding at the end the following new subsection:
``(v) Applicable Wage Base Amount.--
``(1) In general.--For purposes of subsection (b)(1), the
term `applicable wage base amount' means--
``(A) for a calendar year before calendar year 2014,
$7,000;
``(B) for calendar year 2014, $15,000; and
``(C) for calendar years beginning on or after January 1,
2015, the amount determined under paragraph (2).
``(2) Amount for calendar year 2015 and thereafter.--
``(A) Amount.--
``(i) In general.--For purposes of paragraph (1)(C), the
amount determined under this paragraph for a calendar year is
an amount equal to the product of--

``(I) the amount of average wage growth for the year (as
determined in accordance with subparagraph (B)); and
``(II) the applicable wage base amount for the preceding
calendar year.

``(ii) Rounding.--If the amount determined under clause (i)
is not a multiple of $100, such amount shall be rounded to
the next higher multiple of $100.
``(B) Average wage growth.--
``(i) In general.--For purposes of subparagraph (A), the
amount of annual wage growth for a calendar year shall be
determined by dividing the average annual wage in the United
States for the 12-month period ending on the June 30 of the
preceding calendar year by the average annual wage in the
United States for the 12-month period ending on the second
prior June 30, and rounding such ratio to the fifth decimal
place.
``(ii) Average annual wage.--For purposes of clause (i),
using data from the Quarterly Census of Employment and Wages
(or a successor program), the average annual wage for a 12-
month period shall be determined by dividing the total
covered wages subject to contributions under all State
unemployment compensation laws for such period by the average
covered employment subject to contributions under all State
unemployment compensation laws for such period, and rounding
the result to the nearest whole dollar.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.

SEC. 6. VOLUNTARY STATE AGREEMENTS TO ABATE PRINCIPAL ON
FEDERAL LOANS.

(a) In General.--Section 1203 of the Social Security Act
(42 U.S.C. 1323) is amended--
(1) by inserting ``(a) Advances.--'' after ``1203''; and
(2) by adding at the end the following new subsection:
``(b) Voluntary Abatement Agreements.--
``(1) In general.--The governor of any State that has
outstanding repayable advances from the Federal unemployment
account pursuant to subsection (a) may apply to the Secretary
of Labor to enter into a voluntary principal abatement
agreement.
``(2) Contents of application.--An application described in
paragraph (1) shall include a plan that, based upon
reasonable economic projections, describes how the State
will, within a reasonable period of time--
``(A) repay the outstanding principal on its remaining
advance to the Federal unemployment account, less the amount
of the principal abatement pursuant to paragraph (4); and
``(B) restore the solvency of the State's account in the
Unemployment Trust Fund to an average high cost multiple of
1.0, as calculated and defined by the United States
Department of Labor.
``(3) Requirement for plan.--A plan described in paragraph
(2) shall be premised on the existing unemployment
compensation law of the State and may take into consideration
the enactment of any changes in law scheduled to become
effective during the life of the plan.
``(4) Agreement.--Upon review of the application and
satisfaction that the State's plan will meet the repayment
and solvency goals described in paragraph (2), the Secretary
of Labor may enter into a principal abatement agreement with
the State. Such an agreement shall be for a period of no more
than 7 years.
``(5) Calculation.--Under any voluntary abatement agreement
under this subsection, the amount of principal abatement
shall be calculated as follows:
``(A) The State's repayable advances as of the date of the
enactment of this subsection or December 31, 2011, whichever
is earlier, shall be multiplied by a loan forgiveness
multiplier.
``(B) The State's loan forgiveness multiplier shall be
calculated on the same basis as the temporary increase of
Medicaid FMAP under section 5001(c)(2)(A) of division B of
the American Recovery and Reinvestment Act of 2009, using the
State's additional FMAP tier as of December 31, 2010. In the
case of a State that meets the criteria described in--
``(i) clause (i) of such section 5001(c)(2)(A), the loan
multiplier shall be 0.2.
``(ii) clause (ii) of such section 5001(c)(2)(A), the loan
multiplier shall be 0.4.
``(iii) clause (iii) of such section 5001(c)(2)(A), the
loan multiplier shall be 0.6.
``(C) The annual amount of principal abatement shall equal
one-seventh of the total amount of principal abatement.
``(6) Certification.--Under any voluntary abatement
agreement under this subsection,

[[Page S887]]

the State shall certify that during the period of the
agreement--
``(A) the method governing the computation of regular
unemployment compensation under the State law of the State
will not be modified in a manner such that the average weekly
benefit amount of regular unemployment compensation which
will be payable during the period of the agreement will be
less than the average weekly benefit amount of regular
unemployment compensation which would have otherwise been
payable under the State law as in effect on the date of the
enactment of this subsection;
``(B) State law will not be modified in a manner such that
any unemployed individual who would be eligible for regular
unemployment compensation under the State law in effect on
such date of enactment would be ineligible for regular
unemployment compensation during the period of the agreement
or would be subject to any disqualification during the period
of the agreement that the individual would not have been
subject to under the State law in effect on such date of
enactment;
``(C) State law will not be modified in a manner such that
the maximum amount of regular unemployment compensation that
any unemployed individual would be eligible to receive in a
benefit year during the period of the agreement will be less
than the maximum amount of regular unemployment compensation
that the individual would have been eligible to receive
during a benefit year under the State law in effect on such
date of enactment; and
``(D) upon a determination by the Secretary of Labor that
the State has modified State law in a manner inconsistent
with the certification described in the preceding provisions
of this paragraph or has failed to comply with any
certifications required by this paragraph, the State shall be
liable for any principal previously abated under the
agreement.
``(7) Transfer.--Under a voluntary abatement agreement
under this subsection, a transfer of the annual amount of the
principal abatement shall be made to the State's account in
the Unemployment Trust Fund on December 31st of the year in
which the agreement is executed so long as the State has
complied with the terms of the agreement. For each subsequent
year that the Secretary of Labor certifies that the State is
in compliance with the terms of the agreement, the annual
amount of the State's principal abatement will be credited to
its outstanding loan balance. If the loan balance reaches
zero while the State still has a remaining principal
abatement amount, the remaining amount shall be made as a
positive balance transfer to the State's account in the
Unemployment Trust Fund.
``(8) Regulations.--The Secretary of Labor shall promulgate
such regulations as are necessary to implement this
subsection. Such regulations shall include--
``(A) standards prescribing a reasonable period of time for
a State plan to reach a solvency level equal to an average
high cost multiple of 1.0, taking into account the economic
conditions and level of insolvency of the State,; and
``(B) guidelines for insuring progress toward solvency for
States with agreements that include plans that require more
than 7 years to reach an average high cost multiple of
1.0.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.

SEC. 7. REWARDS AND INCENTIVES FOR SOLVENT STATES AND
EMPLOYERS IN THOSE STATES.

(a) Increased Interest for Solvent States.--
(1) In general.--Section 904(e) of the Social Security Act
(42 U.S.C. 1104(e)) is amended by adding at the end the
following new flush sentences:
``The separate book account for each State agency shall be
augmented by 0.5 percent over the rate of interest provided
in subsection (b) when the State maintains reserves in the
account that equal or exceed an average high cost multiple of
1.0 as defined by the Secretary of Labor as of December 31st
of the preceding year. The State may apply the additional
funds to support State administration pursuant to the
requirements in section 903(c).''.
(b) Lower Rate of Tax for Solvent States.--
(1) In general.--Section 3301 of the Internal Revenue Code
of 1986, as amended by section 3, is amended by adding at the
end the following new sentence: ``For the second 6-month
period of 2011 or for each calendar year thereafter, in the
case of a State that maintains reserves in the State's
separate book account that equal or exceed an average high
cost multiple of 1.0 as of December 31st of the year
preceding the period or year involved, paragraph (1) shall be
applied for such period or year in the State by substituting
`6.0 percent' for `6.2 percent' or, as the case may be,
paragraph (2) shall be applied for such period or year in the
State by substituting `5.68 percent' for `5.78 percent'.''.
(2) Effective date.--The amendment made by this subsection
shall take effect on the earlier of--
(A) the date of the enactment of this Act; or
(B) July 1, 2011.
______

By Mrs. BOXER (for herself, Mr. Casey, Mr. Tester, Mr. Manchin,
Mr. Warner, Mr. Wyden, Mr. Bennet, and Mr. Nelson of Nebraska):
S. 388. A bill to prohibit Members of Congress and the President from
receiving pay during Government shutdowns; to the Committee on Homeland
Security and Governmental Affairs.
Mrs. BOXER. Mr. President, I send a bill to the desk on behalf of
myself and Senators Casey, Tester, Manchin, Warner, and Wyden.
I want to explain it. I hope we will see action on this bill in the
near future because we are on very delicate ground right now as we try
to resolve the budget issues before us.
We have two sides to the legislative branch--the House and the
Senate. I think we have very different approaches to this deficit
problem which is quite real. Both sides should be respectful of each
other. But the messages I am getting via the media in terms of the
language being used on the other side is: We don't really much care
what the Senate thinks. It is kind of ``our way or the highway'' type
of rhetoric.
The problem with this is that the type of cuts that are coming from
the House side, from our Republican friends over there, a columnist
tells us will cost 800,000 jobs to this Nation. Mr. President, 800,000
jobs will be lost if we do not make some changes to what they have
done.
As someone from a State that has a very tough economic climate and
trying to climb out of this recession, that is just extreme. It is just
extreme.
Are we willing to make cuts? Yes. It is my belief both sides have to
sit down and work this out. We believe there are cuts to be made. They
have come out with cuts. We need to work together. But here is what
troubles me, and this is why I introduce this legislation. What
troubles me is there seems to be more and more threats of a government
shutdown. In the early days of the new House leadership we did not hear
that. Now we are hearing it.
In Politico, one of the headlines recently said: ``McConnell won't
take shutdown off the table.'' That refers to our Republican leader.
In Reuters, Republican majority leader Eric Cantor ``refused . . . to
rule out the possibility of a government shutdown.''
Republican Senator Mike Lee said: ``The 1995 government shutdown was
just an inconvenience.''
I have to tell you, it is a lot more than an inconvenience when
senior citizens cannot get help getting their Social Security or
veterans on disability cannot get their help. Hospitals close down.
Projects shut down. These are real people out there. A lot of
contractors in the private sector rely on the government operating,
such as road projects, bridges being repaired, and the rest. It is
radical to say that a government shutdown is an inconvenience. It is a
failure. A government shutdown is a failure of those of us who are here
to act like adults and resolve our differences.
CNN said:

Top Republican on the Senate Budget Committee said he's not
ruling out the possibility of a government shutdown.

The way Speaker Boehner spoke today had, to me, kind of a ``take it
or leave it'' tone to it.
I have to tell you, that budget over there not only threatens 800,000
jobs, but they legislated on appropriations. They legislated on an
appropriations bill. They decided that women should not have access to
a full range of reproductive health care. They are bringing in the
issue of abortion on a budget bill. I think the issue of a woman's
right to choose and her reproductive health care and getting Pap
screenings and cancer screenings is important, and we should debate
that. If people want to repeal Roe v. Wade, let's debate that here.
What they have done with the Clean Air Act--and I know my friend
sitting in the chair cares so much about this issue. The Clean Air Act
was brought to us by Richard Nixon. It had bipartisan support.
What they do is prohibit the Environmental Protection Agency from
enforcing the Clean Air Act as it relates to carbon pollution--
pollution that is dangerous for our families, that endangers the lives
and health of our families. That is what the Bush administration said
when they were in charge, let alone the Obama administration.
Rather than bringing to the floor a bill to repeal the Clean Air
Act--I

[[Page S888]]

would welcome that debate, and I know my friend would as well--they do
this through the back door and tell the Environmental Protection Agency
they cannot protect us from pollution.
That is not what the American people expect to be in a simple budget
document. We have to cut some programs. Let's cut some programs. Let's
not change abortion law on it. Let's not bring up how to repeal the
Clean Air Act on it. Let's not eviscerate law settlements. They have
done a range of things which require debate. I would love to put these
questions to the American people. I can tell you that people in my home
State think government has no business in the issue of a woman's
health. Stay away. That is what they say. We will make up our own
minds. Some of us are pro-choice, some of us are not, but don't tell us
what to believe. That is the thought of the majority of the people in
my State. They do not want Big Brother and the government telling
people what to do. Yet they put it on a budget bill. That doesn't make
any sense.

Let me tell you, the people in my State want clean air. In all the
years I have been in office--and the President and I have been around a
while and holding different offices--not one of my constituents has
ever came up to me and said: Barbara, we need dirty air. The air is too
clean. The water is too pure. The lakes are too pristine. The beaches
are gorgeous. No. They want us to make sure we protect them from
pollution so their kids can breathe the air and not get asthma. So our
friends on the other side have these gargantuan cuts, and in addition
to these cuts--which will cost us, according to Senator Inouye, 800,000
jobs--800,000 jobs--they have legislated issues that are contentious
and don't belong on a budget bill.
Here is the deal. I am worried they might say to us: It is our way or
the highway. I am worried about that. That is what I am starting to
hear. They may lead us into a government shutdown if we fail to act
like adults and resolve this and keep the contentious issues off the
budget and cut reasonably and sensibly so we don't cause more
unemployment. If we can figure that out and meet each other halfway and
everything else you do when you compromise, we will be fine. But if
that isn't the case, I wish to be sure Members of Congress suffer just
as much as any Federal employee. So I have written this bill, with my
colleagues, to say that in the event of a government shutdown or a
failure to lift the debt ceiling and we start defaulting on our
commitments, Members of Congress will not get paid because Members of
Congress don't deserve to be paid if we can't act like adults and
negotiate this.
I am so tired of the hypocrisy I have seen. I know it is a strong
word, and I am not leveling it at any particular individual, but I have
to tell you, there are Members of the House who said ObamaCare is
terrible, but then they took it for themselves. So what price are they
paying? They vote no on health care for everybody else, but they keep
government health care. It is wrong. A lot of them are sleeping in
their offices. Tell me one other person who is allowed to sleep in the
office of their corporation they work for. As far as I know, there is
nobody. They do not pay any rent. They sleep in their offices.
So they do all these things: They do not help the housing crisis.
They sleep in their offices. They would not vote for health care, but
they take government health care. Now they might shut down the
government. Yet while Federal employees will not get paid, they will
get paid--no way, wrong, not fair. They have to pay a price for all
their extremism.
So I hope we will pass this bill and send it over to the House and
the House can decide if they think this is right. This is what I would
like to take to the American people. Because if they shut down the
government or they fail to raise the debt ceiling and we start to
default and they pay no price, it is not fair. We cannot stamp our feet
and say: It is the way I want it or I am taking my marbles and I am
going home--or my teddy bear or my blanket or whatever. You can't do
that.
This is the greatest country in the world. As my friend, Senator
Sanders, who is in the chair, so beautifully said last night on a news
show--and it was so well done--the middle class is hurting. Real income
is going down. As we look at these budget cuts, we have to think about
that. I am thinking a lot about it, and I am seeing hundreds of
thousands of jobs being lost by the middle class, not by the wealthy
few. They are not going to be touched by this.
So this is a very simple bill. I will read what it says:

Members of Congress and the President shall not receive
basic pay for any period in which there is more than a 24-
hour lapse in appropriations for any Federal agency or
department as a result of a failure to enact a regular
appropriations bill or a continuing resolution, or if the
Federal Government is unable to make payments or meet
obligations because the debt limit has been reached.

So simple. So I am calling on my colleagues on the other side of the
aisle to take the option of a government shutdown off the table. I hope
this legislation will nudge them in that direction. Let them think
about what it is like not to get paid. Because if they shut down the
Federal Government, a whole lot of folks would not get paid. A lot of
people in the private sector would not get paid and a lot of people on
pensions would not get paid. The only people who would be exempted,
pretty much, are Members of Congress, and we have to put an end to that
dichotomy.
I thank the Chair for all his leadership on behalf of the middle
class and the working poor and I think the hypocrisy has to end. I feel
we have to come to this floor and start telling the American people the
truth. The truth is: The cuts over there on the other side are going to
hurt the middle class. They are extreme. They have added language that
doesn't belong on a budget bill. Even though they said they were about
jobs, jobs, jobs, and maybe they were--how to lose another 800,000
jobs, maybe that is what they meant--nobody thought the first thing
they would do is come in and attach abortion language and family
planning language and eviscerate the EPA's ability to clean up carbon
pollution on a budget bill. So we have to start letting the American
people know because they are busy and they do not get to read all the
ins and outs of what happens here. We have to put it in straightforward
language.
Today is a very good day in the Senate. We have been brought
together, and a lot of that credit goes to Senator Rockefeller and
Senator Hutchison. I am proud to serve on their committee. We are doing
a good job and working together. We have worked out our problems. We
had problems with new flights out of National, and no one thought we
could resolve it. But we were happy to work together--Republicans,
Democrats, people from the East and the West and the Midwest--and we
showed we can do something here today. As a result, we are about to
pass a very good bill.
My own bill of rights is in this bill, and I am thrilled about that.
It was a Boxer-Snowe bill. It has been incorporated in here. It says if
you get stuck on an airline, you should be able to expect that you will
have water and nourishment and that the toilets will not be overflowing
and that if the plane is stuck for 3 hours, you should be able to have
the option to get off that flight.
So listen, there are good things we can do. We have proven it here
today. But I am getting increasingly nervous about the threats of a
government shutdown. I think if Members know it isn't just pain that is
going to be inflicted on someone else but they will have pain inflicted
on themselves and their families as well, maybe they will take that
option off the table.
______

By Mr. REED (for himself, Mr. Grassley, Mr. Begich, Mr.
Blumenthal, Ms. Collins, Mr. Kerry, Mr. Lautenberg, Mr.
Sanders, Ms. Stabenow, and Mr. Whitehouse):
S. 393. A bill to aid and support pediatric involvement in reading
and education; to the Committee on Health, Education, Labor, and
Pensions.
Mr. REED. Mr. President, today I introduce with my colleague, Senator
Grassley, the Prescribe a Book Act. I thank Senators Begich,
Blumenthal, Collins, Kerry, Lautenberg, Sanders, Stabenow, and
Whitehouse for joining us as original cosponsors of this bipartisan
bill.
Our legislation would create a federal pediatric early literacy grant
initiative

[[Page S889]]

based on the long-standing, successful Reach Out and Read program. The
program would award grants on a competitive basis to high-quality non-
profit entities to train doctors and nurses in advising parents about
the importance of reading aloud and to give books to children at
pediatric check-ups from 6 months to 5 years of age, with a priority
for children from low-income families. It builds on the relationship
between parents and medical providers and helps families and
communities encourage early literacy skills so children enter school
prepared for success in reading.
Since fiscal year 2000, Federal funding for Reach Out and Read
through the Department of Education has been an essential piece of a
successful public-private partnership that has been matched by tens of
millions of dollars from the private sector and State governments. This
funding has supported the training of nearly 50,000 health care
providers in literacy promotion, and the operation of programs in more
than 4,100 clinics and hospitals nationwide, including the 40 sites
that operate in Rhode Island. The Prescribe a Book Act would establish
a formal authorization for this successful partnership activity.
The Reach Out and Read model has consistently demonstrated
effectiveness in increasing parent involvement and boosting children's
reading proficiency. Research published in peer-reviewed, scientific
journals has found that parents who have participated in the program
are significantly more likely to read to their children and include
more children's books in their home, and that children served by the
program show an increase of 4-8 points on vocabulary tests. I have seen
up-close the positive impact of this program on children and their
families when visiting a number of Rhode Island's Reach Out and Read
sites.
I urge my colleagues to cosponsor the Prescribe a Book Act.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 393

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 ``Prescribe A Book Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Eligible entity.--The term ``eligible entity'' means a
nonprofit organization that has, as determined by the
Secretary, demonstrated effectiveness in the following areas:
(A) Providing peer-to-peer training to healthcare providers
in research-based methods of literacy promotion as part of
routine pediatric health supervision visits.
(B) Delivering a training curriculum through a variety of
medical education settings, including residency training,
continuing medical education, and national pediatric
conferences.
(C) Providing technical assistance to local healthcare
facilities to effectively implement a high-quality Pediatric
Early Literacy Program.
(D) Offering opportunities for local healthcare facilities
to obtain books at significant discounts, as described in
section 7.
(E) Integrating the latest developmental and educational
research into the training curriculum for healthcare
providers described in subparagraph (B).
(2) Pediatric early literacy program.--The term ``Pediatric
Early Literacy Program'' means a program that--
(A) creates and implements a 3-part model through which--
(i) healthcare providers, doctors, and nurses, trained in
research-based methods of early language and literacy
promotion, encourage parents to read aloud to their young
children, and offer developmentally appropriate
recommendations and strategies to parents for the purpose of
reading aloud to their children;
(ii) healthcare providers, at health supervision visits,
provide each child between the ages of 6 months and 5 years a
new, developmentally appropriate children's book to take home
and keep; and
(iii) volunteers in waiting areas of healthcare facilities
read aloud to children, modeling for parents the techniques
and pleasures of sharing books together;
(B) demonstrates, through research published in peer-
reviewed journals, effectiveness in positively altering
parent behavior regarding reading aloud to children, and
improving expressive and receptive language in young
children; and
(C) receives the endorsement of nationally recognized
medical associations and academies.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.

SEC. 3. PROGRAM AUTHORIZED.

The Secretary is authorized to award grants to eligible
entities to enable the eligible entities to implement
Pediatric Early Literacy Programs.

SEC. 4. APPLICATIONS.

An eligible entity that desires to receive a grant under
section 3 shall submit an application to the Secretary at
such time, in such manner, and including such information as
the Secretary may reasonably require.

SEC. 5. MATCHING REQUIREMENT.

An eligible entity receiving a grant under section 3 shall
provide, either directly or through private contributions,
non-Federal matching funds equal to not less than 50 percent
of the grant received by the eligible entity under section 3.
Such matching funds may be in cash or in-kind.

SEC. 6. USE OF GRANT FUNDS.

(a) In General.--An eligible entity receiving a grant under
section 3 shall--
(1) enter into contracts with private nonprofit
organizations, or with public agencies, selected based on the
criteria described in subsection (b), under which each
contractor will agree to establish and operate a Pediatric
Early Literacy Program;
(2) provide such training and technical assistance to each
contractor of the eligible entity as may be necessary to
carry out this Act; and
(3) include such other terms and conditions in an agreement
with a contractor as the Secretary determines to be
appropriate to ensure the effectiveness of such programs.
(b) Contractor Criteria.--Each contractor shall be selected
under subsection (a)(1) on the basis of the extent to which
the contractor gives priority to serving a substantial number
or percentage of at-risk children, including--
(1) children from families with an income below 200 percent
of the poverty line (as defined by the Office of Management
and Budget and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2)) applicable to a family of the size involved,
particularly such children in high-poverty areas;
(2) children without adequate medical insurance;
(3) children enrolled in a State Medicaid program,
established under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) or in the State Children's Health
Insurance Program established under title XXI of such Act (42
U.S.C. 1397aa et seq.);
(4) children living in rural areas;
(5) migrant children; and
(6) children with limited access to libraries.

SEC. 7. RESTRICTION ON PAYMENTS.

The Secretary shall make no payment to an eligible entity
under this Act unless the Secretary determines that the
eligible entity or a contractor of the eligible entity, as
the case may be, has made arrangements with book publishers
or distributors to obtain books at discounts that are at
least as favorable as discounts that are customarily given by
such publisher or distributor for book purchases made under
similar circumstances in the absence of Federal assistance.

SEC. 8. REPORTING REQUIREMENT.

An eligible entity receiving a grant under section 3 shall
report annually to the Secretary on the effectiveness of the
program implemented by the eligible entity and the programs
instituted by each contractor of the eligible entity, and
shall include in the report a description of each program.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this
Act $15,000,000 for fiscal year 2012 and such sums as may be
necessary for each of the succeeding 4 fiscal years.
______

By Mr. KOHL (for himself, Mr. Grassley, Mr. Leahy, Ms. Snowe, Mr.
Durbin, Mr. Schumer, and Mr. Lautenberg):
S. 394. A bill to amend the Sherman Act to make oil-producing and
exporting cartels illegal; to the Committee on the Judiciary.
Mr. KOHL. Mr. President, I rise today to introduce the No Oil
Producing and Exporting Cartels Act, NOPEC. This legislation will
authorize our government, for the first time, to take action against
the illegal conduct of the OPEC oil cartel. It is time for the U.S.
government to fight back against efforts to fix the price of oil and
hold OPEC accountable when it acts illegally. Our legislation will hold
OPEC member nations to account under U.S. antitrust law when they agree
to limit supply or fix price in violation of the most basic principles
of free competition.
NOPEC will authorize the Attorney General to file suit against
nations or other entities that participate in a conspiracy to limit the
supply, or fix the price, of oil. In addition, it will specify that the
doctrines of sovereign immunity and act of state do not exempt nations
that participate in oil cartels from basic antitrust law. I have
introduced this legislation in each Congress since 2000. This
legislation passed the full Senate in the 110th Congress by a vote of
70-23 in June 2007 as an amendment to the 2007 Energy Bill before

[[Page S890]]

being stripped from that bill in the conference committee. The
identical House version of NOPEC also passed the other body as stand
alone legislation in the 110th Congress in 2007 by an overwhelming 345-
72 vote. It is now time for us to at last pass this legislation into
law and give our nation a long needed tool to counteract this
pernicious and anti-consumer conspiracy.
Since January 2009 the cost of crude oil has more than doubled,
reaching today's level of $96 per barrel. Likewise, throughout 2009 and
2010, gasoline prices have marched steadily upward, soaring to over $3
a gallon in January 2011, a price that has nearly doubled in little
over two years. And recently, OPEC ministers indicated that they may
decide against an increase an output in 2011, saying in the final days
of 2010 that the world economy can tolerate a $100 per barrel price. So
it is clear that the global oil cartel remains a major force conspiring
to raise oil prices to the detriment of American consumers.
The actions of the OPEC cartel in recent years demonstrate the
dangers it presents. A good example occurred at the end of 2008. On
October 24, 2008, OPEC agreed to cut production by 1.5 million barrels
a day, and less than two months later, on December 17, 2008, OPEC
agreed to a further 2.2 million barrels a day production cut. OPEC made
no secret of its motivation for these production cuts. OPEC President
Chakib Khelil put it very simply in an interview published December 23,
2008, ``Without these cuts, I don't think we'd be seeing $43 [per
barrel] today, we'd have seen in the $20's. . . . [H]opefully by the
third quarter [of 2009] we will see prices rising.'' In another
interview in December, Khelil was quoted as saying ``The stronger the
decision [to cut production], the faster prices will pick up.'' Sure
enough, oil prices resumed their march upwards in 2009, and now is more
than $90 per barrel.
Since cutting its output in this manner at the end of 2008, OPEC has
not officially changed its output policy for more than two years. Oil
prices have surged nearly $30 since last summer, and OPEC's Secretary
General Abdalla Salem El-Badri confirmed there would not be an increase
in output, claiming in January 2011 that, ``At the moment there is more
than enough oil on the market.''
When the price of crude oil rises as a result of these actions by
OPEC, there is no doubt that millions of American consumers feel the
pinch every time they visit the gas pump. The Federal Trade Commission
has estimated that 85 percent of the variability in the cost of
gasoline is the result of changes in the cost of crude oil.
Such blatantly anti-competitive conduct by the oil cartel violates
the most basic principles of fair competition and free markets and
should not be tolerated. If private companies engaged such an
international price fixing conspiracy, there would no question that it
would be illegal. The actions of OPEC should be treated no differently
because it is a conspiracy of nations.
For years, this price fixing conspiracy of OPEC nations has unfairly
driven up the cost of imported crude oil to satisfy the greed of the
oil exporters. We have long decried OPEC, but, sadly, no one in
government has yet tried to take any action. This NOPEC legislation
will, for the first time, establish clearly and plainly that when a
group of competing oil producers like the OPEC nations act together to
restrict supply or set prices, they are violating U.S. law.
It is also important to point out that this legislation will not
authorize private lawsuits. It only authorizes the Attorney General to
file suit under the antitrust laws for redress. It will always be in
the discretion of the Justice Department and the President as to
whether to take action to enforce NOPEC. Our legislation will not
require the government to bring a legal action against OPEC member
nations, and no private party will have the ability to bring such an
action. This decision will entirely remain in the discretion of the
executive branch. Our NOPEC legislation will give our law enforcement
agencies a tool to employ against the oil cartel but the decision on
whether to use this tool will entirely be up to the Justice Department
and, ultimately, the President. They can use this tool as they see
fit--to file a legal action, to jawbone OPEC in diplomatic discussions,
or defer from any action should they judge foreign policy or other
considerations warrant it.
NOPEC will also make plain that the nations of OPEC cannot hide
behind the doctrines of ``sovereign immunity'' or ``act of state'' to
escape the reach of American justice. In so doing, our amendment will
overrule one 28 year old lower court decision which incorrectly failed
to recognize that the actions of OPEC member nations was commercial
activity exempt from the protections of sovereign immunity.
The most fundamental principle of a free market is that competitors
cannot be permitted to conspire to limit supply or fix price. There can
be no free market without this foundation. And we should not permit any
nation to flout this fundamental principle.
Our NOPEC legislation will, for the first time, enable our Justice
Department to take legal action to combat the illegitimate price-fixing
conspiracy of the oil cartel. It will, at a minimum, have a real
deterrent effect on nations that seek to join forces to fix oil prices
to the detriment of consumers. This legislation will be the first real
weapon the U.S. Government has ever had to deter OPEC from its
seemingly endless cycle of supply cutbacks designed to raise price. It
will mean that OPEC member nations will face the possibility of real
and substantial antitrust sanctions should they persist in their
illegal conduct. It will also deter additional nations who may today be
considering joining OPEC.
I urge my colleagues to support our NOPEC legislation so that our
nation will finally have an effective means to combat this price-fixing
conspiracy of oil-rich nations.
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. 394

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 ``No Oil Producing and
Exporting Cartels Act of 2011'' or ``NOPEC''.

SEC. 2. SHERMAN ACT.

The Sherman Act (15 U.S.C. 1 et seq.) is amended by adding
after section 7 the following:

``SEC. 7A. OIL PRODUCING CARTELS.

``(a) In General.--It shall be illegal and a violation of
this Act for any foreign state, or any instrumentality or
agent of any foreign state, to act collectively or in
combination with any other foreign state, any instrumentality
or agent of any other foreign state, or any other person,
whether by cartel or any other association or form of
cooperation or joint action--
``(1) to limit the production or distribution of oil,
natural gas, or any other petroleum product;
``(2) to set or maintain the price of oil, natural gas, or
any petroleum product; or
``(3) to otherwise take any action in restraint of trade
for oil, natural gas, or any petroleum product;

when such action, combination, or collective action has a
direct, substantial, and reasonably foreseeable effect on the
market, supply, price, or distribution of oil, natural gas,
or other petroleum product in the United States.
``(b) Sovereign Immunity.--A foreign state engaged in
conduct in violation of subsection (a) shall not be immune
under the doctrine of sovereign immunity from the
jurisdiction or judgments of the courts of the United States
in any action brought to enforce this section.
``(c) Inapplicability of Act of State Doctrine.--No court
of the United States shall decline, based on the act of state
doctrine, to make a determination on the merits in an action
brought under this section.
``(d) Enforcement.--
``(1) In general.--The Attorney General of the United
States may bring an action to enforce this section in any
district court of the United States as provided under the
antitrust laws.
``(2) No private right of action.--No private right of
action is authorized under this section.''.

SEC. 3. SOVEREIGN IMMUNITY.

Section 1605(a) of title 28, United States Code, is
amended--
(1) in paragraph (6), by striking ``or'' after the
semicolon;
(2) in paragraph (7), by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(8) in which the action is brought under section 7A of
the Sherman Act.''.
______

By Mr. BINGAMAN (for himself and Ms. Murkowski):
S. 398. A bill to amend the Energy Policy and Conservation Act to
improve energy efficiency of certain appliances and equipment, and for
other

[[Page S891]]

purposes; to the Committee on Energy and Natural Resources.
Mr. BINGAMAN. Mr. President, today I am pleased to join with Senator
Murkowski, the Ranking Member of the Committee on Energy and Natural
Resources, in introducing the Implementation of National Consensus
Appliance Agreements Act of 2011, INCAAA. This bill is an updated
version of the appliance energy efficiency standards legislation, S.
3925, that apparently came within a single Senate vote of passage by
unanimous consent last December, as the 111th Congress drew to a close.
As with the six appliance energy efficiency laws that have been
enacted since 1986, this bill enjoys consensus support among appliance
manufacturers, energy efficiency advocates, and consumer groups. Such
broad support is to be expected, given the bill's many benefits. It
would reduce the regulatory burden on appliance manufacturers,
increasing their profitability and their ability to protect and create
jobs; reduce national energy and water demand, slowing the need for new
energy and water supplies, freeing capital for other investments and
making our economy more competitive overall; save consumers money on
their monthly energy and water bills, freeing household income for
spending in other areas; and reduce power plant emissions and other
environmental costs of energy production.
At the core of this bill are the appliance efficiency provisions that
were reported with bipartisan support from the Committee on Energy and
Natural Resources in 2009 as a part of the comprehensive energy
legislation, the American Clean Energy Leadership Act, ACELA, S. 1462.
INCAAA also includes the amendments reported from the Committee in May
2010 to enhance ACELA. Finally, INCAAA includes several more-recent
agreements and revisions on appliance efficiency that have been reached
by industry, energy advocacy, and consumer stake holders.
I note that there are continuing discussions among stakeholders on
Section 2(a) regarding the definition of ``energy conservation
standard'' and whether this term should allow an efficiency standard to
have more than one metric. For example, that a standard could require a
specified energy efficiency and also, say, specific water efficiency or
smart grid capability, or some other additional performance measures.
Stakeholders have agreed to allow inclusion of this provision in the
bill for the purposes of introduction while discussions continue. Also
under continuing discussion are provisions regarding reflector lamps.
The Department of Energy is scheduled to complete its current
rulemaking for these products this August and stakeholders continue to
negotiate what guidance could be given the Department for future
rulemakings. I am committed to working with all stakeholders to resolve
these issues as the legislative process moves forward.

From a business point-of-view, INCAAA's greatest value is as a
regulatory-reform bill. 25 years ago, the national appliance market was
in danger of become unmanageably Balkanized because certain States were
beginning to enact appliance efficiency standards in response their
power supply problems. Faced with a growing patchwork of state
standards, industry joined with energy efficiency and consumer groups
to support Federal authority to pre-empt state standards and thereby
assure a single national market for appliances.
INCAAA, as with the five appliance standards laws enacted since 1986,
would go a step further than simple Federal pre-emption of state
standards by enacting consensus standards that are negotiated among the
stakeholders as the Federal standards. By directly enacting consensus
standards as Federal standards, these laws have the added benefit of
saving the time, cost, and uncertainty associated with a formal Federal
rulemaking.
INCAAA would enact standards agreed to by the manufacturers of the
covered products and by the Nation's leading energy efficiency groups,
the Alliance to Save Energy, the American Council for an Energy
Efficient Economy, and the Natural Resources Defense Council. These
include new efficiency standards for certain outdoor lighting, as
supported by the National Electrical Manufacturers Association and
major lighting manufacturers such as General Electric, Osram Sylvania,
and Philips; increased efficiency standards for furnaces, heat pumps
and central air conditioners, as supported by the Air-Conditioning,
Heating and Refrigeration Institute and its dozens of member companies
including Carrier, Johnson Controls, Rheem, Lennox, Nordyne, Goodman
and Trane. The furnace provisions are also supported by the American
Gas Association; and Increased energy and water efficiency standards
for refrigerators and freezers, clothes washers and dryers,
dishwashers, and room air-conditioners, as supported by the Association
of Home Appliance Manufacturers and its many member companies including
Electrolux, General Electric, Sub-Zero, and Whirlpool.
INCAAA also includes consensus standards that were earlier reported
by the Energy Committee on smaller classes of products such as drinking
water dispensers, hot food holding cabinets, electric spas, pool
heaters, and consensus standards that were negotiated more recently for
service-over-the-counter refrigerators.
The American Council for an Energy-Efficient Economy estimates that
INCAAA would save the Nation nearly 850 Trillion Btus of energy each
year by 2030--enough energy to meet the needs of 4.6 million typical
American households. For comparison, the states of Utah and Connecticut
each used just over 800 Trillion Btus of energy in 2008. Result in net
economic savings, benefits minus costs, to consumers of more than $43
billion annually by 2030. Save nearly 5 trillion gallons of water
annually by 2030, roughly the amount needed to meet the current needs
of every customer in Los Angeles for 25 years. Improve the environment
by reducing annual carbon dioxide emissions by about 47 million metric
tons in 2030.
The Department of Energy's appliance standards program has been one
of the nation's most powerful and successful tools for promoting energy
and economic efficiency. ACEEE estimates that by 2010 appliance
efficiency standards had reduced national non-transportation energy use
to 7 percent below what it would otherwise be. For comparison, 7
percent of energy consumption in the U.S. is more than the annual
energy consumption of Florida or New York. Standards not only defer the
construction of power plants, but also all of their associated costs
for planning, siting, operating, fueling, maintaining, and the
environmental costs of their emissions, and the costs associated with
the distribution of that energy.
Finally, INCAAA contains no authorizations. Based on the CBO analysis
conducted last year on ACELA, it is clear that this bill would not
incur any no new spending.
This legislation represents government at its best, as a catalyst,
bringing together stakeholders on consensus solutions to complex
problems. I urge my colleagues to join us in supporting enactment of
INCAAA and reaching the goal that was so narrowly missed last December.
Mr. President, I ask unanimous consent that the text of the bill and
a bill summary be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

S. 398

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the
``Implementation of National Consensus Appliance Agreements
Act of 2011''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Energy conservation standards.
Sec. 3. Energy conservation standards for heat pump pool heaters.
Sec. 4. GU-24 base lamps.
Sec. 5. Efficiency standards for bottle-type water dispensers,
commercial hot food holding cabinets, and portable
electric spas.
Sec. 6. Test procedure petition process.
Sec. 7. Amendments to home appliance test methods.
Sec. 8. Credit for Energy Star smart appliances.
Sec. 9. Video game console energy efficiency study.
Sec. 10. Refrigerator and freezer standards.
Sec. 11. Room air conditioner standards.
Sec. 12. Uniform efficiency descriptor for covered water heaters.
Sec. 13. Clothes dryers.
Sec. 14. Standards for clothes washers.
Sec. 15. Dishwashers.

[[Page S892]]

Sec. 16. Petition for amended standards.
Sec. 17. Prohibited acts.
Sec. 18. Outdoor lighting.
Sec. 19. Standards for commercial furnaces.
Sec. 20. Service over the counter, self-contained, medium temperature
commercial refrigerators.
Sec. 21. Motor market assessment and commercial awareness program.
Sec. 22. Study of compliance with energy standards for appliances.
Sec. 23. Study of direct current electricity supply in certain
buildings.
Sec. 24. Technical corrections.

SEC. 2. ENERGY CONSERVATION STANDARDS.

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

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

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

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

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

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

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

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

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

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

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

``(I) Split Systems: 12.2 for split systems having a rated
cooling capacity less than 45,000 BTU per hour and 11.7 for
products having a rated cooling capacity equal to or greater
than 45,000 BTU per hour.
``(II) Single Package Systems: 11.0.

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

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

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

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

[[Page S893]]

``(iii) Revision.--The Secretary may revise the definitions
contained in this subparagraph through publication of a final
rule.
``(B) Small-duct high-velocity systems.--
``(i) Seasonal energy efficiency ratio.--The seasonal
energy efficiency ratio for small-duct high-velocity systems
shall be not less than 11.00 for products manufactured on or
after January 23, 2006.
``(ii) Heating seasonal performance factor.--The heating
seasonal performance factor for small-duct high-velocity
systems shall be not less than 6.8 for products manufactured
on or after January 23, 2006.
``(C) Rulemaking.--
``(i) In general.--Not later than June 30, 2011, the
Secretary shall publish a final rule to determine whether
standards for through-the-wall central air conditioners,
through-the-wall central air conditioning heat pumps and
small duct, high velocity systems should be amended.
``(ii) Application.--The rule shall provide that any new or
amended standard shall apply to products manufactured on or
after June 30, 2016.''.
(e) Furnaces.--Section 325(f) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(f)) is amended by adding at
the end the following:
``(5) Non-weatherized furnaces (including mobile home
furnaces, but not including boilers) manufactured on or after
may 1, 2013, and weatherized furnaces manufactured on or
after january 1, 2015.--
``(A) Base national standards.--
``(i) Non-weatherized furnaces.--The annual fuel
utilization efficiency of non-weatherized furnaces
manufactured on or after May 1, 2013, shall be not less than
the following:

``(I) Gas furnaces, a level determined by the Secretary in
a final rule published not later than June 30, 2011.
``(II) Oil furnaces, 83 percent.

``(ii) Weatherized furnaces.--The annual fuel utilization
efficiency of weatherized gas furnaces manufactured on or
after January 1, 2015, shall be not less than 81 percent.
``(B) Regional standard.--
``(i) Annual fuel utilization efficiency.--Not later than
June 30, 2011, the Secretary shall--

``(I) publish a final rule determining whether to establish
a standard for the annual fuel utilization efficiency of non-
weatherized gas furnaces manufactured on or after May 1,
2013, and installed in States having historical average
annual, population weighted, heating degree days equal to or
greater than 5,000 (specifically the States of Alaska,
Colorado, Connecticut, Idaho, Illinois, Indiana, Iowa,
Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri,
Montana, Nebraska, New Hampshire, New Jersey, New York, North
Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South
Dakota, Utah, Vermont, Washington, West Virginia, Wisconsin,
and Wyoming); and
``(II) include in the final rule described in subclause (I)
any regional standard established under this subparagraph.

``(ii) Application of subsection (o)(6).--Subsection (o)(6)
shall apply to any regional standard established under this
subparagraph.
``(C) Amendment of standards.--
``(i) Non-weatherized furnaces.--

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

``(ii) Weatherized furnaces.--

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

``(D) New construction levels.--
``(i) In general.--

``(I) Final rule published after january 1, 2011.--As part
of any final rule concerning furnace standards published
after January 1, 2011, the Secretary shall establish the
building code levels referred to in subclauses (I)(aa),
(II)(aa), and (III)(aa) of section 327(f)(3)(C)(i) subject to
meeting the criteria of subsection (o) when applied
specifically to new construction.
``(II) Final rule published after june 1, 2013.--As part of
any final rule concerning furnace standards published after
June 1, 2013, the Secretary shall determine if the building
code levels specified in or pursuant to section 327(f)(3)(C)
should be amended subject to meeting the criteria of
subsection (o) when applied specifically to new construction.

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

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

``(aa) for gas furnaces, an AFUE level determined by the
Secretary; and
``(bb) 14 SEER for central air conditioners (not including
heat pumps);

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

``(aa) for gas furnaces, an AFUE level determined by the
Secretary; and
``(bb) 15 SEER for central air conditioners;

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

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

``(IV) for all States--

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

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

(a) Definitions.--
(1) Efficiency descriptor.--Section 321(22) of the Energy
Policy and Conservation Act (42 U.S.C. 6291(22)) is amended--
(A) in subparagraph (E), by inserting ``gas-fired'' before
``pool heaters''; and
(B) by adding at the end the following:
``(F) For heat pump pool heaters, coefficient of
performance of heat pump pool heaters.''.
(2) Coefficient of performance of heat pump pool heaters.--
Section 321 of the Energy Policy and Conservation Act (42
U.S.C. 6291) is amended by inserting after paragraph (25) the
following:
``(25A) Coefficient of performance of heat pump pool
heaters.--The term `coefficient of performance of heat pump
pool heaters' means the ratio of the capacity to power

[[Page S894]]

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

SEC. 4. GU-24 BASE LAMPS.

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

SEC. 5. EFFICIENCY STANDARDS FOR BOTTLE-TYPE WATER
DISPENSERS, COMMERCIAL HOT FOOD HOLDING
CABINETS, AND PORTABLE ELECTRIC SPAS.

(a) Definitions.--Section 321 of the Energy Policy and
Conservation Act (42 U.S.C. 6291) (as amended by section
4(a)) is amended by adding at the end the following:
``(72) Bottle-type water dispenser.--The term `bottle-type
water dispenser' means a drinking water dispenser that is--
``(A) designed for dispensing hot and cold water; and
``(B) uses a removable bottle or container as the source of
potable water.
``(73) Commercial hot food holding cabinet.--
``(A) In general.--The term `commercial hot food holding
cabinet' means a heated, fully-enclosed compartment that--
``(i) is designed to maintain the temperature of hot food
that has been cooked in a separate appliance;
``(ii) has 1 or more solid or glass doors; and
``(iii) has an interior volume of 8 cubic feet or more.
``(B) Exclusions.--The term `commercial hot food holding
cabinet' does not include--
``(i) a heated glass merchandising cabinet;
``(ii) a drawer warmer;
``(iii) a cook-and-hold appliance; or
``(iv) a mobile serving cart with both hot and cold
compartments.
``(74) Compartment bottle-type water dispenser.--The term
`compartment bottle-type water dispenser' means a drinking
water dispenser that--
``(A) is designed for dispensing hot and cold water;
``(B) uses a removable bottle or container as the source of
potable water; and
``(C) includes a refrigerated compartment with or without
provisions for making ice.
``(75) Portable electric spa.--
``(A) In general.--The term `portable electric spa' means a
factory-built electric spa or hot tub that--
``(i) is intended for the immersion of persons in heated
water circulated in a closed system; and
``(ii) is not intended to be drained and filled with each
use.
``(B) Inclusions.--The term `portable electric spa'
includes--
``(i) a filter;
``(ii) a heater (including an electric, solar, or gas
heater);
``(iii) a pump;
``(iv) a control; and
``(v) other equipment, such as a light, a blower, and water
sanitizing equipment.
``(C) Exclusions.--The term `portable electric spa' does
not include--
``(i) a permanently installed spa that, once installed,
cannot be moved; or
``(ii) a spa that is specifically designed and exclusively
marketed for medical treatment or physical therapy purposes.
``(76) Water dispenser.--The term `water dispenser' means a
factory-made assembly that--
``(A) mechanically cools and heats potable water; and
``(B) dispenses the cooled or heated water by integral or
remote means.''.
(b) Coverage.--
(1) In general.--Section 322(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6292(a)) is amended--
(A) by redesignating paragraph (20) as paragraph (23); and
(B) by inserting after paragraph (19) the following:
``(20) Bottle-type water dispensers and compartment bottle-
type water dispensers.
``(21) Commercial hot food holding cabinets.
``(22) Portable electric spas.''.
(2) Conforming amendments.--
(A) Section 324 of the Energy Policy and Conservation Act
(42 U.S.C. 6294) is amended by striking ``(19)'' each place
it appears in subsections (a)(3), (b)(1)(B), (b)(3), and
(b)(5) and inserting ``(23)''.
(B) Section 325(l) of the Energy Policy and Conservation
Act (42 U.S.C. 6295(l)) is amended by striking ``paragraph
(19)'' each place it appears in paragraphs (1) and (2) and
inserting ``paragraph (23)''.
(c) Test Procedures.--Section 323(b) of the Energy Policy
and Conservation Act (42 U.S.C. 6293(b)) (as amended by
section 2(b)) is amended by adding at the end the following:
``(20) Bottle-type water dispensers.--
``(A) In general.--Test procedures for bottle-type water
dispensers and compartment bottle-type water dispensers shall
be based on the document `Energy Star Program Requirements
for Bottled Water Coolers version 1.1' published by the
Environmental Protection Agency.
``(B) Integral, automatic timers.--A unit with an integral,
automatic timer shall not be tested under this paragraph
using section 4D of the test criteria (relating to Timer
Usage).
``(21) Commercial hot food holding cabinets.--
``(A) In general.--Test procedures for commercial hot food
holding cabinets shall be based on the test procedures
described in ANSI/ASTM F2140-01 (Test for idle energy rate-
dry test).
``(B) Interior volume.--Interior volume shall be based
under this paragraph on the method demonstrated in the
document `Energy Star Program Requirements for Commercial Hot
Food Holding Cabinets' of the Environmental Protection
Agency, as in effect on August 15, 2003.
``(22) Portable electric spas.--
``(A) In general.--Test procedures for portable electric
spas shall be based on the test method for portable electric
spas described in section 1604 of title 20, California Code
of Regulations, as amended on December 3, 2008.
``(B) Normalized consumption.--Consumption shall be
normalized under this paragraph for a water temperature
difference of 37 degrees Fahrenheit.
``(C) ANSI test procedure.--If the American National
Standards Institute publishes a test procedure for portable
electric spas, the Secretary shall revise the procedure
established under this paragraph, as determined appropriate
by the Secretary.''.
(d) Standards.--Section 325 of the Energy Policy and
Conservation Act (42 U.S.C. 6295) (as amended by section
4(b)) is amended--
(1) by redesignating subsection (ii) as subsection (mm);
and
(2) by inserting after subsection (hh) the following:
``(ii) Bottle-Type Water Dispensers.--Effective beginning
on the date that is 1 year after the date of enactment of the
Implementation of National Consensus Appliance Agreements Act
of 2011--
``(1) a bottle-type water dispenser shall not have standby
energy consumption that is greater than 1.2 kilowatt-hours
per day; and
``(2) a compartment bottle-type water dispenser shall not
have standby energy consumption that is greater than 1.3
kilowatt-hours per day.
``(jj) Commercial Hot Food Holding Cabinets.--Effective
beginning on the date that is 1 year after the date of
enactment of the Implementation of National Consensus
Appliance Agreements Act of 2011, a commercial hot food
holding cabinet shall have a maximum idle energy rate of 40
watts per cubic foot of interior volume.
``(kk) Portable Electric Spas.--Effective beginning on the
date that is 1 year after the date of enactment of the
Implementation of National Consensus Appliance Agreements Act
of 2011, a portable electric spa shall not have a normalized
standby power rate of greater than 5 (V^2/3) Watts
(in which `V' equals the fill volume (in gallons)).
``(ll) Revisions.--
``(1) In general.--Not later than the date that is 3 years
after the date of enactment of the Implementation of National
Consensus Appliance Agreements Act of 2011, the Secretary
shall--
``(A) consider in accordance with subsection (o) revisions
to the standards established under subsections (ii), (jj),
and (kk); and

[[Page S895]]

``(B)(i) publish a final rule establishing the revised
standards; or
``(ii) make a finding that no revisions are technically
feasible and economically justified.
``(2) Effective date.--Any revised standards under this
subsection shall take effect not earlier than the date that
is 3 years after the date of the publication of the final
rule.''.
(e) Preemption.--Section 327 of the Energy Policy and
Conservation Act (42 U.S.C. 6297) is amended--
(1) in subsection (b)--
(A) in paragraph (6), by striking ``or'' after the
semicolon at the end;
(B) in paragraph (7), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(8) is a regulation that--
``(A) establishes efficiency standards for bottle-type
water dispensers, compartment bottle-type water dispensers,
commercial hot food holding cabinets, or portable electric
spas; and
``(B) is in effect on or before the date of enactment of
this paragraph.''; and
(2) in subsection (c)--
(A) in paragraph (8)(B), by striking ``and'' after the
semicolon at the end;
(B) in paragraph (9)--
(i) by striking ``except that--'' and all that follows
through ``if the Secretary'' and inserting ``except that if
the Secretary'';
(ii) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively, and indenting appropriately; and
(iii) in subparagraph (B) (as so redesignated), by striking
the period at the end and inserting ``; or''; and
(C) by adding at the end the following:
``(10) is a regulation that--
``(A) establishes efficiency standards for bottle-type
water dispensers, compartment bottle-type water dispensers,
commercial hot food holding cabinets, or portable electric
spas; and
``(B) is adopted by the California Energy Commission on or
before January 1, 2013.''.

SEC. 6. TEST PROCEDURE PETITION PROCESS.

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

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

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

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

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

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

``(C) Test procedures.--The Secretary may, in accordance
with the requirements of this subsection, prescribe test
procedures for any consumer product classified as a covered
product under section 322(b).
``(D) New or amended test procedures.--The Secretary shall
direct the National Institute of Standards and Technology to
assist in developing new or amended test procedures.''.
(b) Certain Industrial Equipment.--Section 343 of the
Energy Policy and Conservation Act (42 U.S.C. 6314) is
amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) Amendment and petition process.--
``(A) In general.--At least once every 7 years, the
Secretary shall review test procedures for all covered
equipment and--
``(i) publish in the Federal Register amended test
procedures with respect to any covered equipment, if the
Secretary determines that amended test procedures would more
accurately or fully comply with paragraphs (2) and (3); or
``(ii) publish notice in the Federal Register of any
determination not to amend a test procedure.
``(B) Petitions.--
``(i) In general.--In the case of any class or category of
covered equipment, any person may petition the Secretary to
conduct a rulemaking--

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

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

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

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

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

SEC. 7. AMENDMENTS TO HOME APPLIANCE TEST METHODS.

Section 323(b) of the Energy Policy and Conservation Act
(42 U.S.C. 6293(b)) (as amended by section 5(c)) is amended
by adding at the end the following:
``(23) Refrigerator and freezer test procedure.--
``(A) In general.--Not later than 90 days after the date on
which the Secretary publishes the final standard rule that
was proposed on September 27, 2010, the Secretary shall
finalize the interim final test procedure rule proposed on
December 16, 2010, with such subsequent modifications to the
test procedure or standards as the Secretary determines to be
appropriate and consistent with this part.
``(B) Rulemaking.--
``(i) Initiation.--Not later than January 1, 2012, the
Secretary shall initiate a rulemaking to amend the test
procedure described in subparagraph (A) only to incorporate
measured automatic icemaker energy use.
``(ii) Final rule.--Not later than December 31, 2012, the
Secretary shall publish a final rule regarding the matter
described in clause (i).
``(24) Additional home appliance test procedures.--
``(A) Amended test procedure for clothes washers.--Not
later than October 1, 2011, the Secretary shall publish a
final rule amending the residential clothes washer test
procedure.
``(B) Amended test procedure for clothes dryers.--
``(i) In general.--Not later than 180 days after the date
of enactment of this paragraph, the Secretary shall publish
an amended test procedure for clothes dryers.
``(ii) Requirement.--The amendments to the test procedure
shall be limited to modifications requiring that tested
dryers are run until the cycle (including cool down) is ended
by automatic termination controls, if equipped with those
controls.''.

SEC. 8. CREDIT FOR ENERGY STAR SMART APPLIANCES.

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

SEC. 9. VIDEO GAME CONSOLE ENERGY EFFICIENCY STUDY.

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

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

``(a) Initial Study.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall conduct a
study of--
``(A) video game console energy use; and
``(B) opportunities for energy savings regarding that
energy use.

[[Page S896]]

``(2) Inclusions.--The study under paragraph (1) shall
include an assessment of all power-consuming modes and media
playback modes of video game consoles.
``(b) Action on Completion.--On completion of the initial
study under subsection (a), the Secretary shall determine, by
regulation, using the criteria and procedures described in
section 325(n)(2), whether to initiate a process for
establishing minimum energy efficiency standards for video
game console energy use.
``(c) Follow-Up Study.--If the Secretary determines under
subsection (b) that standards should not be established, the
Secretary shall conduct a follow-up study in accordance with
subsection (a) by not later than 3 years after the date of
the determination.''.
(b) Application Date.--Subsection (nn)(1) of section 325 of
the Energy Policy and Conservation Act (42 U.S.C. 6295) (as
redesignated by section 5(d)(1)) is amended by inserting ``or
section 324B'' after ``subsection (l), (u), or (v)'' each
place it appears.

SEC. 10. REFRIGERATOR AND FREEZER STANDARDS.

Section 325(b) of the Energy Policy and Conservation Act
(42 U.S.C. 6295(b)) is amended by striking paragraph (4) and
inserting the following:
``(4) Refrigerators, refrigerator-freezers, and freezers
manufactured as of january 1, 2014.--
``(A) Definition of built-in product class.--In this
paragraph, the term `built-in product class' means a
refrigerator, freezer, or refrigerator with a freezer unit
that--
``(i) is 7.75 cubic feet or greater in total volume and 24
inches or less in cabinet depth (not including doors,
handles, and custom front panels);
``(ii) is designed to be totally encased by cabinetry or
panels attached during installation;
``(iii) is designed to accept a custom front panel or to be
equipped with an integral factory-finished face;
``(iv) is designed to be securely fastened to adjacent
cabinetry, walls, or floors; and
``(v) has 2 or more sides that are not--

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

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

------------------------------------------------------------------------
``Standards Equations
------------------------------------------------------------------------
Product Description
------------------------------------------------------------------------
Automatic Defrost Refrigerator-Freezers
------------------------------------------------------------------------
Top Freezer w/o TTD ice 7.35 AV+ 207.0
------------------------------------------------------------------------
Top Freezer w/ TTD ice 7.65 AV+ 267.0
------------------------------------------------------------------------
Side Freezer w/o TTD ice 3.68 AV+ 380.6
------------------------------------------------------------------------
Side Freezer w/ TTD ice 7.58 AV+304.5
------------------------------------------------------------------------
Bottom Freezer w/o TTD ice 3.68 AV+ 367.2
------------------------------------------------------------------------
Bottom Freezer w/ TTD ice 4.0 AV+ 431.2
------------------------------------------------------------------------
Manual & Partial Automatic Refrigerator-Freezers
------------------------------------------------------------------------
Manual Defrost 7.06 AV+ 198.7
------------------------------------------------------------------------
Partial Automatic 7.06 AV+198.7
------------------------------------------------------------------------
All Refrigerators
------------------------------------------------------------------------
Manual Defrost 7.06AV+198.7
------------------------------------------------------------------------
Automatic Defrost 7.35 AV+ 207.0
------------------------------------------------------------------------
All Freezers
------------------------------------------------------------------------
Upright with manual defrost 5.66 AV+ 193.7
------------------------------------------------------------------------
Upright with automatic defrost 8.70 AV+ 228.3
------------------------------------------------------------------------
Chest with manual defrost 7.41 AV+ 107.8
------------------------------------------------------------------------
Chest with automatic defrost 10.33 AV+ 148.1
------------------------------------------------------------------------
Automatic Defrost Refrigerator-Freezers-Compact Size
------------------------------------------------------------------------
Top Freezer and Bottom Freezer 10.80 AV+ 301.8
------------------------------------------------------------------------
Side Freezer 6.08 AV+ 400.8
------------------------------------------------------------------------
Manual & Partial Automatic Refrigerator-Freezers-Compact Size
------------------------------------------------------------------------
Manual Defrost 8.03 AV+ 224.3
------------------------------------------------------------------------
Partial Automatic 5.25 AV+ 298.5
------------------------------------------------------------------------
All Refrigerators-Compact Size
------------------------------------------------------------------------
Manual defrost 8.03 AV+ 224.3
------------------------------------------------------------------------
Automatic defrost 9.53 AV+ 266.3
------------------------------------------------------------------------
All Freezers-Compact Size
------------------------------------------------------------------------
Upright with manual defrost 8.80 AV+ 225.7
------------------------------------------------------------------------
Upright with automatic defrost 10.26 AV+ 351.9
------------------------------------------------------------------------
Chest 9.41AV+ 136.8
------------------------------------------------------------------------
Automatic Defrost Refrigerator-Freezers-Built-ins
------------------------------------------------------------------------
Top Freezer w/o TTD ice 7.84 AV+ 220.8
------------------------------------------------------------------------
Side Freezer w/o TTD ice 3.93 AV+ 406.0
------------------------------------------------------------------------
Side Freezer w/ TTD ice 8.08 AV+ 324.8
------------------------------------------------------------------------
Bottom Freezer w/o TTD ice 3.91 AV+ 390.2
------------------------------------------------------------------------
Bottom Freezer w/ TTD ice 4.25 AV+ 458.2
------------------------------------------------------------------------
All Refrigerators-Built-ins
------------------------------------------------------------------------
Automatic Defrost 7.84 AV+ 220.8
------------------------------------------------------------------------
All Freezers-Built-ins
------------------------------------------------------------------------
Upright with automatic defrost 9.32 AV+ 244.6.
------------------------------------------------------------------------

``(iii) Final rules.--

``(I) In general.--Except as provided in subclause (II),
after the date of publication of each test procedure change
made pursuant to section 323(b)(23), in accordance with the
procedures described in section 323(e)(2), the Secretary
shall publish final rules to amend the standards specified in
the table contained in clause (ii).
``(II) Exception.--The standards amendment made pursuant to
the test procedure change required under section
323(b)(23)(B) shall be based on the difference between--

``(aa) the average measured automatic ice maker energy use
of a representative sample for each product class; and
``(bb) the value assumed by the Department of Energy for
ice maker energy use in the test procedure published pursuant
to section 323(b)(23)(A).

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

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

``(I) the date of enactment of this clause; or
``(II) the date of publication of a final rule to amend the
test procedure described in section 323(b)(23).

``(v) New product classes.--The Secretary may establish 1
or more new product classes as part of the final amended
standard adopted pursuant to the test procedure change
required under section 323(b)(23)(B) if the 1 or more new
product classes are needed to distinguish among products with
automatic icemakers.
``(vi) Effective dates of standards.--

``(I) Standards amendment for first revised test
procedure.--A standards amendment adopted pursuant to a test
procedure change required under section 323(b)(23)(A) shall
apply to any product manufactured as of January 1, 2014.
``(II) Standards amendment after revised test procedure for
icemaker energy.--An amendment adopted pursuant to a test
procedure change required under section 323(b)(23)(B) shall
apply to any product manufactured as of the date that is 3
years after the date of publication of the final rule
amending the standards.

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

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

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

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

``(viii) Effect.--A final rule published under clause (iii)
pursuant to the test procedure change required under section
323(b)(23)(B) or pursuant to clause (iv) shall not be
considered to be an amendment to the standard for purposes of
section 325(m).''.

SEC. 11. ROOM AIR CONDITIONER STANDARDS.

Section 325(c) of the Energy Policy and Conservation Act
(42 U.S.C. 6295(c)) is amended by adding at the end the
following:
``(3) Minimum energy efficiency ratio of room air
conditioners manufactured on or after june 1, 2014.--
``(A) In general.--Based on the test procedure in effect on
July 9, 2010, the minimum

[[Page S897]]

energy efficiency ratios of room air conditioners
manufactured on or after June 1, 2014, shall not be less than
that specified in the table contained in subparagraph (B).
``(B) Minimum energy efficiency ratios.--The minimum energy
efficiency ratios referred to in subparagraph (A) are as
follows:

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

``(C) Final rule.--
``(i) In general.--Not later than July 1, 2011, pursuant to
the test procedure adopted by the Secretary on January 6,
2011, the Secretary shall amend the standards specified in
the table contained in subparagraph (B) in accordance with
the procedures described in section 323(e)(2).
``(ii) Standby and off mode energy consumption.--

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

``(iii) Applicability.--

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

SEC. 12. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED WATER
HEATERS.

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

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

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

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

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

SEC. 13. CLOTHES DRYERS.

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

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

``(iii) Final rule.--

``(I) Requirements.--

``(aa) In general.--The final rule to amend the clothes
dryer test procedure adopted pursuant to section
323(b)(24)(B) shall amend the energy factors standards
specified in the table contained in clause (ii) in accordance
with the procedures described in section 323(e)(2).
``(bb) Representative sample.--To establish a
representative sample of compliant products, the Secretary
shall select a sample of minimally compliant dryers that
automatically terminate the drying cycle at not less than 4
percent remaining moisture content.

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

``(aa) Integration.--The Secretary shall integrate standby
and off mode energy consumption into the amended standards
required under subclause (I).

[[Page S898]]

``(bb) Requirements.--The amended standards described in
item (aa) shall reflect levels of standby and off mode energy
consumption that meet the criteria described in section
325(o).

``(III) Applicability.--

``(aa) Amendment of standard.--Section 323(e)(3) shall not
apply to the amended standards described in subclause (I).
``(bb) Amended standards.--The amended standards required
by this clause shall apply to products manufactured on or
after January 1, 2015.
``(iv) Other standards.--Any dryer energy conservation
standard that takes effect after the date of enactment of
this subparagraph but before the amended standard required by
this subparagraph shall not apply.''.

SEC. 14. STANDARDS FOR CLOTHES WASHERS.

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

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

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

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

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

``(iii) Final rule.--

``(I) In general.--The final rule to amend the clothes
washer test procedure adopted pursuant to section
323(b)(24)(A) shall amend the standards described in clauses
(i) and (ii) in accordance with the procedures described in
section 323(e)(2).
``(II) Standby and off mode energy consumption.--

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

``(III) Applicability.--

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

SEC. 15. DISHWASHERS.

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

SEC. 16. PETITION FOR AMENDED STANDARDS.

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

SEC. 17. PROHIBITED ACTS.

Section 332(a) of the Energy Policy and Conservation Act
(42 U.S.C. 6302(a)) is amended--
(1) in paragraph (1), by striking ``for any manufacturer or
private labeler to distribute'' and inserting ``for any
manufacturer (or representative of a manufacturer),
distributor, retailer, or private labeler to offer for sale
or distribute'';
(2) by striking paragraph (5) and inserting the following:
``(5) for any manufacturer (or representative of a
manufacturer), distributor, retailer, or private labeler--
``(A) to offer for sale or distribute in commerce any new
covered product that is not in conformity with an applicable
energy conservation standard established in or prescribed
under this part; or
``(B) if the standard is a regional standard that is more
stringent than the base national standard, to offer for sale
or distribute in commerce any new covered product having
knowledge (consistent with the definition of `knowingly' in
section 333(b)) that the product will be installed at a
location covered by a regional standard established in or
prescribed under this part and will not be in conformity with
the standard;'';
(3) in paragraph (6) (as added by section 306(b)(2) of
Public Law 110-140 (121 Stat. 1559)), by striking the period
at the end and inserting a semicolon;
(4) by redesignating paragraph (6) (as added by section
321(e)(3) of Public Law 110-140 (121 Stat. 1586)) as
paragraph (7);
(5) in paragraph (7) (as so redesignated)--
(A) by striking ``for any manufacturer, distributor,
retailer, or private labeler to distribute'' and inserting
``for any manufacturer (or representative of a manufacturer),
distributor, retailer, or private labeler to offer for sale
or distribute''; and
(B) by striking the period at the end and inserting a
semicolon; and
(6) by inserting after paragraph (7) (as so redesignated)
the following:
``(8) for any manufacturer or private labeler to distribute
in commerce any new covered product that has not been
properly certified in accordance with the requirements
established in or prescribed under this part;
``(9) for any manufacturer or private labeler to distribute
in commerce any new covered product that has not been
properly tested in accordance with the requirements
established in or prescribed under this part; and
``(10) for any manufacturer or private labeler to violate
any regulation lawfully promulgated to implement any
provision of this part.''.

SEC. 18. OUTDOOR LIGHTING.

(a) Definitions.--
(1) Covered equipment.--Section 340(1) of the Energy Policy
and Conservation Act (42 U.S.C. 6311(1)) is amended--
(A) by redesignating subparagraph (L) as subparagraph (O);
and
(B) by inserting after subparagraph (K) the following:
``(L) High light output double-ended quartz halogen lamps.
``(M) General purpose mercury vapor lamps.''.
(2) Industrial equipment.--Section 340(2)(B) of the Energy
Policy and Conservation Act (42 U.S.C. 6311(2)(B)) is
amended--
(A) by striking ``and'' before ``unfired hot water''; and
(B) by inserting after ``tanks'' the following: ``, high
light output double-ended quartz halogen lamps, and general
purpose mercury vapor lamps''.
(3) New definitions.--Section 340 of the Energy Policy and
Conservation Act (42 U.S.C. 6311) is amended--

[[Page S899]]

(A) by redesignating paragraphs (22) and (23) (as amended
by sections 312(a)(2) and 314(a) of the Energy Independence
and Security Act of 2007 (121 Stat. 1564, 1569)) as
paragraphs (23) and (24), respectively; and
(B) by adding at the end the following:
``(25) General purpose mercury vapor lamp.--The term
`general purpose mercury vapor lamp' means a mercury vapor
lamp (as defined in section 321) that--
``(A) has a screw base;
``(B) is designed for use in general lighting applications
(as defined in section 321);
``(C) is not a specialty application mercury vapor lamp;
and
``(D) is designed to operate on a mercury vapor lamp
ballast (as defined in section 321) or is a self- ballasted
lamp.
``(26) High light output double-ended quartz halogen
lamp.--The term `high light output double-ended quartz
halogen lamp' means a lamp that--
``(A) is designed for general outdoor lighting purposes;
``(B) contains a tungsten filament;
``(C) has a rated initial lumen value of greater than 6,000
and less than 40,000 lumens;
``(D) has at each end a recessed single contact, R7s base;
``(E) has a maximum overall length (MOL) between 4 and 11
inches;
``(F) has a nominal diameter less than \3/4\ inch (T6);
``(G) is designed to be operated at a voltage not less than
110 volts and not greater than 200 volts or is designed to be
operated at a voltage between 235 volts and 300 volts;
``(H) is not a tubular quartz infrared heat lamp; and
``(I) is not a lamp marked and marketed as a Stage and
Studio lamp with a rated life of 500 hours or less.
``(27) Specialty application mercury vapor lamp.--The term
`specialty application mercury vapor lamp' means a mercury
vapor lamp (as defined in section 321) that is--
``(A) designed only to operate on a specialty application
mercury vapor lamp ballast (as defined in section 321); and
``(B) is marked and marketed for specialty applications
only.
``(28) Tubular quartz infrared heat lamp.--The term
`tubular quartz infrared heat lamp' means a double-ended
quartz halogen lamp that--
``(A) is marked and marketed as an infrared heat lamp; and
``(B) radiates predominately in the infrared radiation
range and in which the visible radiation is not of principle
interest.''.
(b) Standards.--Section 342 of the Energy Policy and
Conservation Act (42 U.S.C. 6313) is amended by adding at the
end the following:
``(g) High Light Output Double-Ended Quartz Halogen
Lamps.--A high light output double-ended quartz halogen lamp
manufactured on or after January 1, 2016, shall have a
minimum efficiency of--
``(1) 27 LPW for lamps with a minimum rated initial lumen
value greater than 6,000 and a maximum initial lumen value of
15,000; and
``(2) 34 LPW for lamps with a rated initial lumen value
greater than 15,000 and less than 40,000.
``(h) General Purpose Mercury Vapor Lamps.--A general
purpose mercury vapor lamp shall not be manufactured on or
after January 1, 2016.''.
(c) Preemption.--Section 345 of the Energy Policy and
Conservation Act (42 U.S.C. 6316) is amended--
(1) in the first sentence of subsection (a), by striking
``The'' and inserting ``Except as otherwise provided in this
section, the''; and
(2) by adding at the end the following:
``(i) High Light Output Double-Ended Quartz Halogen
Lamps.--
``(1) In general.--Except as provided in paragraph (2),
section 327 shall apply to high light output double-ended
quartz halogen lamps to the same extent and in the same
manner as described in section 325(nn)(1).
``(2) State energy conservation standards.--Any State
energy conservation standard that is adopted on or before
January 1, 2015, pursuant to a statutory requirement to adopt
efficiency standard for reducing outdoor lighting energy use
enacted prior to January 31, 2008, shall not be preempted.''.

SEC. 19. STANDARDS FOR COMMERCIAL FURNACES.

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

SEC. 20. SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM
TEMPERATURE COMMERCIAL REFRIGERATORS.

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

SEC. 21. MOTOR MARKET ASSESSMENT AND COMMERCIAL AWARENESS
PROGRAM.

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

[[Page S900]]

SEC. 22. STUDY OF COMPLIANCE WITH ENERGY STANDARDS FOR
APPLIANCES.

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

SEC. 23. STUDY OF DIRECT CURRENT ELECTRICITY SUPPLY IN
CERTAIN BUILDINGS.

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

SEC. 24. TECHNICAL CORRECTIONS.

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

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

``(iii) Administration.--

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

``(aa) In general.--The Secretary may not prescribe an
amended standard under this subparagraph if the Secretary
finds (and publishes the finding) that interested persons
have established by a preponderance of the evidence that a
standard is likely to result in the unavailability in the
United States in any product type (or class) of performance
characteristics (including reliability, features, sizes,
capacities, and volumes) that are substantially the same as
those generally available in the United States at the time of
the finding of the Secretary.
``(bb) Other types or classes.--The failure of some types
(or classes) to meet the criterion established under this
subclause shall not affect the determination of the Secretary
on whether to prescribe a standard for the other types or
classes.''; and
(B) in subparagraph (C)(iv), by striking ``An amendment
prescribed under this subsection'' and inserting
``Notwithstanding subparagraph (D), an amendment prescribed
under this subparagraph''.
(4) Section 342(a)(6)(B)(iii) of the Energy Policy and
Conservation Act (as added by section 306(c) of the Energy
Independence and Security Act of 2007 (121 Stat. 1559)) is
transferred and redesignated as clause (vi) of section
342(a)(6)(C) of the Energy Policy and Conservation Act (as
amended by section 305(b)(2) of the Energy Independence and
Security Act of 2007 (121 Stat. 1554)).
(5) Section 345 of the Energy Policy and Conservation Act
(42 U.S.C. 6316) (as amended by section 312(e) of the Energy
Independence and Security Act of 2007 (121 Stat. 1567)) is
amended--
(A) by striking ``subparagraphs (B) through (G)'' each
place it appears and inserting ``subparagraphs (B), (C), (D),
(I), (J), and (K)'';
(B) by striking ``part A'' each place it appears and
inserting ``part B''; and
(C) in subsection (a)--
(i) in paragraph (8), by striking ``and'' at the end;
(ii) in paragraph (9), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(10) section 327 shall apply with respect to the
equipment described in section 340(1)(L) beginning on the
date on which a final rule establishing an energy
conservation standard is issued by the Secretary, except that
any State or local standard prescribed or enacted for the
equipment before the date on which the final rule is issued
shall not be preempted until the energy conservation standard
established by the Secretary for the equipment takes
effect.''; and
(D) in subsection (h)(3), by striking ``section 342(f)(3)''
and inserting ``section 342(f)(4)''.
(6) Section 340(13) of the Energy Policy and Conservation
Act (42 U.S.C. 6311(13)) (as amended by section 313(a) of the
Energy Independence and Security Act of 2007 (121 Stat.
1568)) is amended--
(A) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) In general.--The term `electric motor' means any of
the following:
``(i) A motor that is a general purpose T-frame, single-
speed, foot-mounting, polyphase squirrel-cage induction motor
of the National Electrical Manufacturers Association, Design
A and B, continuous rated, operating on 230/460 volts and
constant 60 Hertz line power as defined in NEMA Standards
Publication MG1-1987.
``(ii) A motor incorporating the design elements described
in clause (i), but is configured to incorporate 1 or more of
the following variations:

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

(B) by redesignating subparagraphs (C) through (I) as
subparagraphs (B) through (H), respectively.
(7)(A) Section 342(b) of the Energy Policy and Conservation
Act (42 U.S.C. 6313(b)) is amended--
(i) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraph (3)'';
(ii) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4);
(iii) by inserting after paragraph (1) the following:
``(2) Standards effective beginning december 19, 2010.--
``(A) In general.--Except for definite purpose motors,
special purpose motors, and those motors exempted by the
Secretary under paragraph (3) and except as provided for in
subparagraphs (B), (C), and (D), each electric motor
manufactured with power ratings from 1 to 200 horsepower
(alone or as a component of another piece of equipment) on or
after December 19, 2010, shall have a nominal full load
efficiency of not less than the nominal full load efficiency
described in NEMA MG-1 (2006) Table 12-12.
``(B) Fire pump electric motors.--Except for those motors
exempted by the Secretary under paragraph (3), each fire pump
electric motor manufactured with power ratings from 1 to 200
horsepower (alone or as a component of another piece of
equipment) on or after December 19, 2010, shall have a
nominal full load efficiency that is not less than the
nominal full load efficiency described in NEMA MG-1 (2006)
Table 12-11.
``(C) NEMA design b electric motors.--Except for those
motors exempted by the Secretary under paragraph (3), each
NEMA Design B electric motor with power ratings of more than
200 horsepower, but not greater than 500 horsepower,
manufactured (alone or as a component of another piece of
equipment) on or after December 19, 2010, shall have a
nominal full load efficiency of not less than the nominal
full load efficiency described in NEMA MG-1 (2006) Table 12-
11.
``(D) Motors incorporating certain design elements.--Except
for those motors exempted by the Secretary under paragraph
(3), each electric motor described in section 340(13)(A)(ii)
manufactured with power ratings from 1 to 200 horsepower
(alone or as a component of another piece of equipment) on or
after December 19, 2010, shall have a nominal full load
efficiency of not less than the

[[Page S901]]

nominal full load efficiency described in NEMA MG-1 (2006)
Table 12-11.''; and
(iv) in paragraph (3) (as redesignated by clause (ii)), by
striking ``paragraph (1)'' each place it appears in
subparagraphs (A) and (D) and inserting ``paragraphs (1) and
(2)''.
(B) Section 313 of the Energy Independence and Security Act
of 2007 (121 Stat. 1568) is repealed.
(C) The amendments made by--
(i) subparagraph (A) take effect on December 19, 2010; and
(ii) subparagraph (B) take effect on December 19, 2007.
(8) Section 321(30)(D)(i)(III) of the Energy Policy and
Conservation Act (42 U.S.C. 6291(30)(D)(i)(III)) (as amended
by section 321(a)(1)(A) of the Energy Independence and
Security Act of 2007 (121 Stat. 1574)) is amended by
inserting before the semicolon the following: ``or, in the
case of a modified spectrum lamp, not less than 232 lumens
and not more than 1,950 lumens''.
(9) Section 321(30)(T) of the Energy Policy and
Conservation Act (42 U.S.C. 6291(30)(T)) (as amended by
section 321(a)(1)(B) of the Energy Independence and Security
Act of 2007 (121 Stat. 1574)) is amended--
(A) in clause (i)--
(i) by striking the comma after ``household appliance'' and
inserting ``and''; and
(ii) by striking ``and is sold at retail,''; and
(B) in clause (ii), by inserting ``when sold at retail,''
before ``is designated''.
(10) Section 325(i) of the Energy Policy and Conservation
Act (42 U.S.C. 6295(i)) (as amended by sections 321(a)(3)(A)
and 322(b) of the Energy Independence and Security Act of
2007 (121 Stat. 1577, 1588)) is amended by striking the
subsection designation and all that follows through the end
of paragraph (8) and inserting the following:
``(i) General Service Fluorescent Lamps, General Service
Incandescent Lamps, Intermediate Base Incandescent Lamps,
Candelabra Base Incandescent Lamps, and Incandescent
Reflector Lamps.--
``(1) Energy efficiency standards.--
``(A) In general.--Each of the following general service
fluorescent lamps, general service incandescent lamps,
intermediate base incandescent lamps, candelabra base
incandescent lamps, and incandescent reflector lamps
manufactured after the effective date specified in the tables
listed in this subparagraph shall meet or exceed the
standards established in the following tables:

``FLUORESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
Effective Date
Lamp Type Nominal Lamp Minimum CRI Minimum Average Lamp (Period of
Wattage Efficacy (LPW) Months)
----------------------------------------------------------------------------------------------------------------
4-foot medium bi-pin........... >35 W 69 75.0 36
35 W 45 75.0 36
2-foot U-shaped................ >35 W 69 68.0 36
35 W 45 64.0 36
8-foot slimline................ >65 W 69 80.0 18
65 W 45 80.0 18
8-foot high output............. >100 W 69 80.0 18
100 W 45 80.0 18
----------------------------------------------------------------------------------------------------------------

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

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

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

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

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

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

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

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

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

[[Page S902]]

``(III) R20 incandescent reflector lamps rated 45 watts or
less.

``(ii) Administrative exemptions.--

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

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

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

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

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

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

``(I) ER, br, and bpar lamps.--The standards specified in
subparagraph (A) shall apply with respect to ER incandescent
reflector lamps, BR incandescent reflector lamps, BPAR
incandescent reflector lamps, and similar bulb shapes on and
after January 1, 2008, or the date that is 180 days after the
date of enactment of the Energy Independence and Security Act
of 2007.
``(II) Lamps between 2.25-2.75 inches in diameter.--The
standards specified in subparagraph (A) shall apply with
respect to incandescent reflector lamps with a diameter of
more than 2.25 inches, but not more than 2.75 inches, on and
after the later of January 1, 2008, or the date that is 180
days after the date of enactment of the Energy Independence
and Security Act of 2007.

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

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

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

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

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

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

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

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

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

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

``(7) Federal actions.--
``(A) Comments of secretary.--
``(i) In general.--With respect to any lamp to which
standards are applicable under this subsection or any lamp
specified in section 346, the Secretary shall inform any
Federal entity proposing actions that would adversely impact
the energy consumption or energy efficiency of the lamp of
the energy conservation consequences of the action.
``(ii) Consideration.--The Federal entity shall carefully
consider the comments of the Secretary.
``(B) Amendment of standards.--Notwithstanding section
325(n)(1), the Secretary shall not be prohibited from
amending any standard, by rule, to permit increased energy

[[Page S903]]

use or to decrease the minimum required energy efficiency of
any lamp to which standards are applicable under this
subsection if the action is warranted as a result of other
Federal action (including restrictions on materials or
processes) that would have the effect of either increasing
the energy use or decreasing the energy efficiency of the
product.
``(8) Compliance.--
``(A) In general.--Not later than the date on which
standards established pursuant to this subsection become
effective, or, with respect to high-intensity discharge lamps
covered under section 346, the effective date of standards
established pursuant to that section, each manufacturer of a
product to which the standards are applicable shall file with
the Secretary a laboratory report certifying compliance with
the applicable standard for each lamp type.
``(B) Contents.--The report shall include the lumen output
and wattage consumption for each lamp type as an average of
measurements taken over the preceding 12-month period.
``(C) Other lamp types.--With respect to lamp types that
are not manufactured during the 12-month period preceding the
date on which the standards become effective, the report
shall--
``(i) be filed with the Secretary not later than the date
that is 12 months after the date on which manufacturing is
commenced; and
``(ii) include the lumen output and wattage consumption for
each such lamp type as an average of measurements taken
during the 12-month period.''.
(11) Section 325(l)(4)(A) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(l)(4)(A)) (as amended by
section 321(a)(3)(B) of the Energy Independence and Security
Act of 2007 (121 Stat. 1581)) is amended by striking
``only''.
(12) Section 327(b)(1)(B) of the Energy Policy and
Conservation Act (42 U.S.C. 6297(b)(1)(B)) (as amended by
section 321(d)(3) of the Energy Independence and Security Act
of 2007 (121 Stat. 1585)) is amended--
(A) in clause (i), by inserting ``and'' after the semicolon
at the end;
(B) in clause (ii), by striking ``; and'' and inserting a
period; and
(C) by striking clause (iii).
(13) Section 321(30)(C)(ii) of the Energy Policy and
Conservation Act (42 U.S.C. 6291(30)(C)(ii)) (as amended by
section 322(a)(1)(B) of the Energy Independence and Security
Act of 2007 (121 Stat. 1587)) is amended by inserting a
period after ``40 watts or higher''.
(14) Section 322(b) of the Energy Independence and Security
Act of 2007 (121 Stat. 1588) is amended by striking
``6995(i)'' and inserting ``6295(i)''.
(15) Section 327(c) of the Energy Policy and Conservation
Act (42 U.S.C. 6297(c)) (as amended by sections 324(f) of the
Energy Independence and Security Act of 2007 (121 Stat. 1594)
and section 6(e)(2)) is amended--
(A) in paragraph (6), by striking ``or'' after the
semicolon at the end;
(B) in paragraph (9)(B), by striking ``or'' at the end;
(C) in paragraph (10), by striking the period at the end
and inserting a semicolon;
(D) by adding at the end the following:
``(11) is a regulation for general service lamps that
conforms with Federal standards and effective dates; or
``(12) is an energy efficiency standard for general service
lamps enacted into law by the State of Nevada prior to
December 19, 2007, if the State has not adopted the Federal
standards and effective dates pursuant to subsection
(b)(1)(B)(ii).''.
(16) Section 325(b) of the Energy Independence and Security
Act of 2007 (121 Stat. 1596) is amended by striking
``6924(c)'' and inserting ``6294(c)''.
(17) This subsection and the amendments made by this
subsection take effect as if included in the Energy
Independence and Security Act of 2007 (Public Law 110-140;
121 Stat. 1492).
(b) Energy Policy Act of 2005.--
(1) Section 325(g)(8)(C)(ii) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(g)(8)(C)(ii)) (as added by
section 135(c)(2)(B) of the Energy Policy Act of 2005) is
amended by striking ``20F'' and inserting ``-20F''.
(2) This subsection and the amendment made by this
subsection take effect as if included in the Energy Policy
Act of 2005 (Public Law 109-58; 119 Stat. 594).
(c) Energy Policy and Conservation Act.--
(1) Section 340(2)(B) of the Energy Policy and Conservation
Act (42 U.S.C. 6311(2)(B)) is amended--
(A) in clause (xi), by striking ``and'' at the end;
(B) in clause (xii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(xiii) other motors.''.
(2) Section 343(a) of the Energy Policy and Conservation
Act (42 U.S.C. 6314(a)) is amended by striking ``Air-
Conditioning and Refrigeration Institute'' each place it
appears in paragraphs (4)(A) and (7) and inserting ``Air-
Conditioning, Heating, and Refrigeration Institute''.
____

Section-by-Section Summary of the Implementation of National Consensus
Appliance Agreements Act of 2011 (INCAAA)

Purpose: DOE's ``Appliance Standards Program'' (Title III,
Part B of the Energy Policy and Conservation Act (EPCA) (42
USC 6291)) establishes energy efficiency standards for dozens
of appliances and types of commercial equipment. These
standards have been extraordinarily effective for improving
the nation's economic and energy security, by 2010 reducing
national non-transportation energy use by about 7 percent
below what it otherwise would be. Appliance manufacturers
have supported standards because of their significant
national benefits and because they typically replace a
patchwork of state regulations. This bill would amend EPCA to
enact consensus energy-efficiency standards for a range of
products that were agreed to among industry, energy advocate
and consumer stakeholders. More specifically, . . .
Sec. 1. Short title; table of contents.
Sec. 2. Energy conservation standards: clarifies that
`energy conservation standard' means one or more performance
or design requirements such as energy and water efficiency.
Adds definitions, effective dates, and standards for: central
air conditioners and heat pumps, through-the-wall central air
conditioners; through-the-wall central air conditioning heat
pumps; small-duct, high-velocity systems; and non-weatherized
furnaces, as agreed to between manufacturers and efficiency
advocacy groups. Finally, it provides that building codes may
allow for appliance standards to exceed the federal standard
in certain cases.
Sec. 3. Energy conservation standards for heat pump pool
heaters: adds definitions, standards and effective dates for
heat pump pool heaters, as agreed to between manufacturers
and efficiency and consumer advocacy groups.
Sec. 4. GU-24 base lamps: adds definitions, standards and
effective dates for the next-generation, GU-24 lamps, lamp
sockets, and adaptors, as agreed to between manufacturers and
efficiency and consumer advocacy groups.
Sec. 5. Efficiency standards for bottle-type water
dispensers, commercial hot food holding cabinets, and
portable electric spas: adds definitions, exclusions, test
procedures, standards and effective dates for bottle-type
water dispensers, commercial hot food holding cabinets, and
portable electric spas, as agreed to between manufacturers
and efficiency and consumer advocacy groups.
Sec. 6. Test procedure petition process: (a) provides that
any person may petition DOE to prescribe or amend test
procedures and establishes deadlines for DOE to respond to
such petitions; and (b) for certain industrial equipment,
clarifies that DOE periodically review test procedures, and
provides that any person may petition DOE to prescribe or
amend test procedures for such equipment and establishes
deadlines for DOE to respond to such petitions. It also
provides that DOE may use the Direct Final Rule procedure
currently available to prescribe consensus standards, to
prescribe consensus test procedures.
Sec. 7. Amendments to Home Appliance Test Methods: sets
deadlines regarding refrigerator and freezer, clothes washer,
and clothes dryer test methods.
Sec. 8. Credit for Energy Star Smart Appliances: directs
federal officials to determine whether to update Energy Star
criteria for certain products to incorporate smart grid and
demand response features.
Sec. 9. Video game console energy efficiency study: directs
DOE to conduct a study of video game console energy use and
opportunities for energy savings, and upon completion to
determine whether to establish an efficiency standard. If
standards are not established, then DOE shall conduct a
follow-up study.
Sec. 10. Refrigerator and freezer standards: updates
definitions, exceptions, standards and effective dates for
new standards for refrigerators and freezers, as agreed to
between manufacturers and efficiency and consumer advocacy
groups.
Sec. 11. Room air conditioner standards: establishes new
standards and effective dates for room air-conditioners, as
agreed to between manufacturers and efficiency and consumer
advocacy groups.
Sec. 12. Uniform efficiency descriptor for covered water
heaters: directs DOE to publish a final rule that establishes
a uniform efficiency descriptor and test methods for covered
water heaters. The section also sets forth other provisions
necessary to transition from the current two descriptors for
two types of water heaters, to having a single descriptor for
all covered water heaters.
Sec. 13. Clothes dryers: establishes new standards and
effective dates for clothes dryers, as agreed to between
manufacturers and efficiency and consumer advocacy groups.
Sec. 14. Standards for clothes washers: establishes new
standards and effective dates for clothes washers, as agreed
to between manufacturers and efficiency and consumer advocacy
groups.
Sec. 15. Dishwashers: establishes new standards and
effective dates for dishwashers, as agreed to between
manufacturers and efficiency and consumer advocacy groups.
Sec. 16. Petition for amended standards: requires DOE to
publish an explanation of DOE's decision to grant or deny a
petition for a new or amended standard (filed under current
law) within 180 days, and to publish the new rule within 3
year in those cases where the petition is granted.
Sec. 17. Prohibited acts: updates certain enforcement
provisions to clarify that prohibitions under the law apply
to distributors, retailers, and private labelers as well as

[[Page S904]]

manufacturers, and clarifies that prohibitions must be
``knowingly'' violated in the case of regional standards.
Sec. 18. Outdoor lighting: establishes definitions, test
methods, standards, and effective dates for certain types of
outdoor lighting, as agreed to between manufacturers and
efficiency and consumer advocacy groups.
Sec. 19. Standards for commercial furnaces: establishes a
new standard and effective date for commercial furnaces, as
agreed to between manufacturers and efficiency and consumer
advocacy groups.
Sec. 20. Service over the counter, self-contained, medium
temperature commercial Refrigerators: establishes new
definitions and a standard and effective date for certain
service over the counter refrigerators, as agreed to between
manufacturers and efficiency and consumer advocacy groups.
Sec. 21. Motor market assessment and commercial awareness
program: directs DOE to assess the U.S. electric motor market
and develop recommendations on ways to improve the efficiency
of motor systems. It also requires DOE to periodically update
this information; estimate the savings attributable to the
Save Energy Now Program; make recommendations to the Census
Bureau on surveys to support DOE's motor activities; and
prepare an update to the Motor Master+ program of DOE.
Finally, based on the assessment and recommendations, the
section would direct DOE to establish a program to: increase
awareness of the savings opportunities of using higher
efficiency motors, improve motor system procurement
practices, and establish criteria for making decisions
regarding electric motor systems.
Sec. 22. Study of Compliance with Energy Standards for
Appliances: directs DOE to conduct, and submit to Congress
with any recommendations, a study on the degree of compliance
with energy standards for appliances including an
investigation of compliance rates and options for improving
compliance.
Sec. 23. Study of direct current electricity supply in
certain buildings: directs DOE to conduct, and submit to
Congress with any recommendations, a study of the costs and
benefits of requiring high-quality, direct current
electricity supply in certain buildings and to determine, if
this requirement is imposed, what the policy and role of the
Federal Government should be.
Sec. 24. Technical corrections: makes technical corrections
to the Energy Independence and Security Act of 2007 (EISA),
the Energy Policy Act of 2005, and the Energy Policy and
Conservation Act regarding the appliance efficiency standards
program.
______

By Mr. BAUCUS (for himself and Mr. Tester):
S. 399. A bill to modify the purposes and operation of certain
facilities of the Bureau of Reclamation to implement the water rights
compact among the State of Montana, the Blackfeet Tribe of the
Blackfeet Indian Reservation of Montana, and the United States, and for
other purposes; to the Committee on Indian Affairs.
Mr. BAUCUS. Mr. President, today I rise to introduce the Blackfeet
Water Rights Settlement Act of 2011. The Blackfeet Reservation is
located in northwest Montana with Canada to the north and Glacier Park
to the west. The Blackfeet Reservation consists of approximately 1.5
million acres with farming and tribal and federal government as the
primary source of economic activity. About 10,100 people live on the
reservation and approximately 25,800 live off reservation. The
Blackfeet Tribe is ably assisted by the Blackfeet Tribal Business
Council of which Willie Sharp is Chairman.
The Blackfeet Reservation was established under the Fort Laramie
Treaty of 1851. Later, part of the reservation was sold to the U.S.
Government, and the Sweetgrass Hills Treaty was ratified by Congress in
1888. The sale of these lands by treaty established the reservations
for the Fort Peck and Fort Belknap Tribes.
Over 100 years ago the U.S. Supreme Court ruled that such treaties
imply a commitment to reserve sufficient water to satisfy both present
and future needs of a tribe. Today we are moving forward on the journey
to fulfill that commitment with the introduction of the Blackfeet Water
Rights Settlement Act of 2011.
The Blackfeet Water Rights Settlement Act of 2011 will resolve over a
century of conflict over waters in Montana. The Act ratifies the water
rights compact with the Blackfeet Nation. It is the product of more
than 10 years of negotiations between diverse groups of users in the
area, which ended in 2007. The Compact was approved by the Montana
Legislature in April 2009, and the state of Montana has already
appropriated $19 million in support of its work to implement the
Compact. This legislation will bring clean water to reservation
families and support tribal agriculture and provide long-range economic
development.
The Blackfeet People call the mountains of their homeland the
``backbone of the world.'' When you visit their land, you can feel a
shiver in your own backbone at its beauty and spiritual significance.
These mountains are also the wellspring of the reservation's water.
Their cirques and flanks, frozen for much of the year, store the
crucial resource that makes the Great Plains inhabitable. The drainages
and storage systems that define how the snow melts and the water flows
are the principal subject of this legislation. This water is necessary
for irrigation, livestock, fisheries, wildlife, homes, and other uses.
By ratifying this compact, Congress will both establish the federal
reserved water rights of the Tribe and authorize funds to construct the
infrastructure necessary to make the water available for use. Last
year, Senator Tester and I introduced this bill on April 29, 2010. The
Senate Indian Affairs Committee held a hearing on July 22, 2011. I look
forward to working with my colleagues here in the Senate, in the House,
and in the Administration to quickly moving forward on the Blackfeet
Water Compact.
______

By Mr. LEAHY (for himself and Mr. Cornyn):
S. 401. A bill to help Federal prosecutors and investigators combat
public corruption by strengthening and clarifying the law; to the
Committee on the Judiciary.
Mr. LEAHY. Mr. President, I am pleased to join with Senator Cornyn
once again to introduce the Public Corruption Prosecution Improvements
Act of 2011, a bill that will strengthen and clarify key aspects of
Federal criminal law and provide new tools to help investigators and
prosecutors attack public corruption nationwide.
As we have seen in recent years, public corruption can erode the
trust the American people have in those who are given the privilege of
public service, and, too often, loopholes in existing laws have meant
that corrupt conduct can go unchecked. Make no mistake: The stain of
corruption has spread to all levels of government. This is a problem
that victimizes every American by chipping away at the foundations of
our democracy. Rooting out the kinds of public corruption that have
resulted in convictions of members of Congress, judges, governors, and
many others, requires us to give prosecutors the tools they need to
investigate and prosecute criminal public corruption offenses.
The bill Senator Cornyn and I introduce today will increase sentences
for serious corruption offenses and will provide investigators and
prosecutors more time to pursue public corruption cases. The bill
raises the statutory maximum penalties for several laws dealing with
official misconduct, including bribery and theft of government
property, to ensure that those who violate the public trust are held
accountable. These increases reflect the serious and corrosive nature
of these crimes, and would harmonize the punishment for these crimes
with other similar statutes.
The bill extends the statute of limitations from 5 to 6 years for the
most serious public corruption offenses. Bank fraud, arson, and
passport fraud, among other offenses, all have 10-year statutes of
limitations. We recently increased the statute of limitations for
securities fraud to 6 years. Public corruption offenses cut to the
heart of our democracy and are among the most difficult and time-
consuming cases to investigate. This modest increase to the statute of
limitations is a reasonable step to help our corruption investigators
and prosecutors do their jobs.
This bill also amends several key statutes to broaden their
application in corruption contexts and to prevent corrupt public
officials and their accomplices from evading or defeating prosecution
based on existing legal ambiguities. It includes a fix to the
gratuities statute that makes clear that public officials may not
accept anything of value, other than what is permitted by existing
rules and regulations, given to them because of their official
position. This important provision contains appropriate safeguards to
ensure that only corrupt conduct is prosecuted, but it will help to
ensure that the work of public officials cannot be bought, and it will
put teeth behind key ethics reforms enacted by Congress in 2007.
The bill also appropriately clarifies the definition of what it means
for a

[[Page S905]]

public official to perform an ``official act'' for the purposes of the
bribery statute and closes several other gaps in current law. It adds
two corruption-related crimes as predicates for the Federal wiretap and
racketeering statutes, lowers the transactional amount required for
Federal prosecution of bribery involving federally-funded state
programs, and expands the venue for perjury and obstruction of justice
prosecutions.
Senator Cornyn and I have added two new modest fixes into this year's
bill. The first allows information sharing that will make it easier for
law enforcement to investigate possible criminal activity by Federal
judges. The second further clarifies and strengthens the federal
program bribery statute.
I remain committed to ensuring sufficient funding for public
corruption enforcement. Since September 11, 2001, Federal Bureau of
Investigation resources have been shifted away from the pursuit of
white collar crime to counterterrorism. Director Mueller has
consistently affirmed that public corruption is among the FBI's top
investigative priorities, but reports in the past decade indicated that
this shift in resources sometimes meant a reduction in the number of
public corruption investigations and at times made pursuing key
corruption cases more difficult. The Justice Department and the FBI
have been working to reverse this trend, but we must make sure that law
enforcement has all the tools and the resources it needs to strongly
confront these serious and corrosive crimes.
In recognition of the difficult budget situation in which we find
ourselves and in an effort to maintain maximum bipartisan support for
this important legislation, I have agreed to remove from this year's
bill a modest authorization for anti-corruption investigators and
prosecutors that we included in past versions. Nonetheless, given the
vital importance of this work, I hope that Senator Cornyn and others
will join me in calling on appropriators and the Justice Department and
FBI to ensure that significant resources are allocated to investigating
and prosecuting public corruption.
Since we last introduced this bill, our country has unfortunately
taken a step backward in its efforts to fight fraud and corruption.
Last year, in the case of Skilling v. United States, the Supreme Court
sided with a former executive from Enron, whose collapse had such
devastating effects on the economy early in the last decade, and
greatly narrowed the honest services fraud statute, a law that plays an
important role in combating public corruption, corporate fraud, and
self-dealing.
The Court's decision leaves corrupt and fraudulent conduct which
prosecutors in the past addressed under the honest services fraud
statute to go unchecked. Most notably, the Court's decision excluded
undisclosed ``self-dealing'' by state and federal public officials, and
corporate officers and directors, which is when those officials or
executives secretly act in their own financial self-interest, rather
than in the interest of the public or, in private sector cases, their
shareholders and employees.
I introduced legislation in the last Congress, the Honest Services
Restoration Act, to close this crucial gap and restore the government's
ability to prosecute key categories of corruption cases. I have heard
from Democrats and Republicans in the Senate and the House who are
eager to fix this problem. I hope to continue working with Senator
Cornyn and others to find a bipartisan solution to fixing honest
services fraud and perhaps to incorporate a fix into this comprehensive
anti-corruption bill at some point in the future.
If we are serious about addressing the kinds of egregious misconduct
that we have witnessed in recent years in high-profile public
corruption cases, Congress should enact meaningful legislation to give
investigators and prosecutors the tools they need to enforce our laws.
It is time to strengthen the criminal law to bring those who undermine
the public trust to justice. I hope that all Senators will support this
bipartisan bill and take firm action to stamp out intolerable
corruption.
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. 401

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Public Corruption
Prosecution Improvements Act''.

SEC. 2. EXTENSION OF STATUTE OF LIMITATIONS FOR SERIOUS
PUBLIC CORRUPTION OFFENSES.

(a) In General.--Chapter 213 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 3299A. Corruption offenses

``Unless an indictment is returned or the information is
filed against a person within 6 years after the commission of
the offense, a person may not be prosecuted, tried, or
punished for a violation of, or a conspiracy or an attempt to
violate the offense in--
``(1) section 201 or 666;
``(2) section 1341 or 1343, when charged in conjunction
with section 1346 and where the offense involves a scheme or
artifice to deprive another of the intangible right of honest
services of a public official;
``(3) section 1951, if the offense involves extortion under
color of official right;
``(4) section 1952, to the extent that the unlawful
activity involves bribery; or
``(5) section 1962, to the extent that the racketeering
activity involves bribery chargeable under State law,
involves a violation of section 201 or 666, section 1341 or
1343, when charged in conjunction with section 1346 and where
the offense involves a scheme or artifice to deprive another
of the intangible right of honest services of a public
official, or section 1951, if the offense involves extortion
under color of official right.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 213 of title 18, United States Code, is
amended by adding at the end the following:
``3299A. Corruption offenses.''.
(c) Application of Amendment.--The amendments made by this
section shall not apply to any offense committed before the
date of enactment of this Act.

SEC. 3. APPLICATION OF MAIL AND WIRE FRAUD STATUTES TO
LICENCES AND OTHER INTANGIBLE RIGHTS.

Sections 1341 and 1343 of title 18, United States Code, are
each amended by striking ``money or property'' and inserting
``money, property, or any other thing of value''.

SEC. 4. VENUE FOR FEDERAL OFFENSES.

(a) In General.--The second undesignated paragraph of
section 3237(a) of title 18, United States Code, is amended
by adding before the period at the end the following: ``or in
any district in which an act in furtherance of the offense is
committed''.
(b) Section Heading.--The heading for section 3237 of title
18, United States Code, is amended to read as follows:

``Sec. 3237. Offense taking place in more than one
district''.

(c) Table of Sections.--The table of sections at the
beginning of chapter 211 of title 18, United States Code, is
amended so that the item relating to section 3237 reads as
follows:
``3237. Offense taking place in more than one district.''.

SEC. 5. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING
FEDERAL FINANCIAL ASSISTANCE.

Section 666 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B), by--
(i) striking ``anything of value'' and inserting ``any
thing or things of value''; and
(ii) striking ``of $5,000 or more'' and inserting ``of
$1,000 or more'';
(B) by amending paragraph (2) to read as follows:
``(2) corruptly gives, offers, or agrees to give any thing
or things of value to any person, with intent to influence or
reward an agent of an organization or of a State, local or
Indian tribal government, or any agency thereof, in
connection with any business, transaction, or series of
transactions of such organization, government, or agency
involving anything of value of $1,000 or more;''; and
(C) in the matter following paragraph (2), by striking
``ten years'' and inserting ``15 years''; and
(2) in subsection (c)--
(A) by striking ``This section does not apply to''; and
(B) by inserting before ``bona fide salary'' the following:
``The term `anything of value' that is corruptly solicited,
demanded, accepted or agreed to be accepted in subsection
(a)(1)(B) or corruptly given, offered, or agreed to be given
in subsection (a)(2) shall not include''.

SEC. 6. PENALTY FOR SECTION 641 VIOLATIONS.

Section 641 of title 18, United States Code, is amended by
striking ``ten years'' and inserting ``15 years''.

SEC. 7. PENALTY FOR SECTION 201(B) VIOLATIONS.

Section 201(b) of title 18, United States Code, is amended
by striking ``fifteen years'' and inserting ``20 years''.

SEC. 8. INCREASE OF MAXIMUM PENALTIES FOR CERTAIN PUBLIC
CORRUPTION RELATED OFFENSES.

(a) Solicitation of Political Contributions.--Section
602(a) of title 18, United States Code, is amended by
striking ``three years'' and inserting ``10 years''.
(b) Promise of Employment for Political Activity.--Section
600 of title 18, United States Code, is amended by striking
``one year'' and inserting ``10 years''.

[[Page S906]]

(c) Deprivation of Employment for Political Activity.--
Section 601(a) of title 18, United States Code, is amended by
striking ``one year'' and inserting ``10 years''.
(d) Intimidation To Secure Political Contributions.--
Section 606 of title 18, United States Code, is amended by
striking ``three years'' and inserting ``10 years''.
(e) Solicitation and Acceptance of Contributions in Federal
Offices.--Section 607(a)(2) of title 18, United States Code,
is amended by striking ``3 years'' and inserting ``10
years''.
(f) Coercion of Political Activity by Federal Employees.--
Section 610 of title 18, United States Code, is amended by
striking ``three years'' and inserting ``10 years''.

SEC. 9. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF PUBLIC
MONEY OFFENSE.

Section 641 of title 18, United States Code, is amended by
inserting ``the District of Columbia or'' before ``the United
States'' each place that term appears.

SEC. 10. ADDITIONAL RICO PREDICATES.

(a) In General.--Section 1961(1) of title 18, United States
Code, is amended--
(1) by inserting ``section 641 (relating to embezzlement or
theft of public money, property, or records),'' after ``473
(relating to counterfeiting),''; and
(2) by inserting ``section 666 (relating to theft or
bribery concerning programs receiving Federal funds),'' after
``section 664 (relating to embezzlement from pension and
welfare funds),''.
(b) Conforming Amendments.--Section 1956(c)(7)(D) of title
18, United States Code, is amended--
(1) by striking ``section 641 (relating to public money,
property, or records),''; and
(2) by striking ``section 666 (relating to theft or bribery
concerning programs receiving Federal funds),''.

SEC. 11. ADDITIONAL WIRETAP PREDICATES.

Section 2516(1)(c) of title 18, United States Code, is
amended by inserting ``section 641 (relating to embezzlement
or theft of public money, property, or records), section 666
(relating to theft or bribery concerning programs receiving
Federal funds),'' after ``section 224 (bribery in sporting
contests),''.

SEC. 12. CLARIFICATION OF CRIME OF ILLEGAL GRATUITIES.

(a) Definition.--Section 201(a) of title 18, United states
Code, is amended--
(1) in paragraph (2), by striking ``and'' after the
semicolon;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by inserting at the end the following:
``(4) the term `rule or regulation' means a federal
regulation or a rule of the House of Representatives and the
Senate, including those rules and regulations governing the
acceptance of campaign contributions.''.
(b) Clarification.--Section 201(c)(1) of title 18, United
States Code, is amended--
(1) by striking the matter before subparagraph (A) and
inserting ``otherwise than as provided by law for the proper
discharge of official duty, or by rule or regulation--'';
(2) in subparagraph (A), by inserting after ``, or person
selected to be a public official,'' the following: ``for or
because of the official's or person's official position, or
for or because of any official act performed or to be
performed by such public official, former public official, or
person selected to be a public official''; and
(3) in subparagraph (B)--
(A) by striking ``otherwise than as provided by law for the
proper discharge of official duty,''; and
(B) by striking all after ``anything of value personally''
and inserting ``for or because of the official's or person's
official position, or for or because of any official act
performed or to be performed by such official or person;''.

SEC. 13. CLARIFICATION OF DEFINITION OF OFFICIAL ACT.

Section 201(a)(3) of title 18, United States Code, is
amended to read as follows:
``(3) the term `official act' means any action within the
range of official duty, and any decision or action on any
question, matter, cause, suit, proceeding or controversy,
which may at any time be pending, or which may by law be
brought before any public official, in such public official's
official capacity or in such official's place of trust or
profit. An official act can be a single act, more than one
act, or a course of conduct.''.

SEC. 14. CLARIFICATION OF COURSE OF CONDUCT BRIBERY.

Section 201 of title 18, United States Code, is amended--
(1) in subsection (b), by striking ``anything of value''
each place it appears and inserting ``any thing or things of
value''; and
(2) in subsection (c), by striking ``anything of value''
each place it appears and inserting ``any thing or things of
value''.

SEC. 15. EXPANDING VENUE FOR PERJURY AND OBSTRUCTION OF
JUSTICE PROCEEDINGS.

(a) In General.--Section 1512(i) of title 18, United States
Code, is amended to read as follows:
``(i) A prosecution under section 1503, 1504, 1505, 1508,
1509, 1510, or this section may be brought in the district in
which the conduct constituting the alleged offense occurred
or in which the official proceeding (whether or not pending
or about to be instituted) was intended to be affected.''.
(b) Perjury.--
(1) In general.--Chapter 79 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 1624. Venue

``A prosecution under section 1621(1), 1622 (in regard to
subornation of perjury under 1621(1)), or 1623 of this title
may be brought in the district in which the oath,
declaration, certificate, verification, or statement under
penalty of perjury is made or in which a proceeding takes
place in connection with the oath, declaration, certificate,
verification, or statement.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 79 of title 18, United States Code, is
amended by adding at the end the following:
``1624. Venue.''.

SEC. 16. AMENDMENT OF THE SENTENCING GUIDELINES RELATING TO
CERTAIN CRIMES.

(a) Directive to Sentencing Commission.--Pursuant to its
authority under section 994(p) of title 28, United States
Code, and in accordance with this section, the United States
Sentencing Commission shall review and amend its guidelines
and its policy statements applicable to persons convicted of
an offense under sections 201, 641, and 666 of title 18,
United States Code, in order to reflect the intent of
Congress that such penalties be increased in comparison to
those currently provided by the guidelines and policy
statements.
(b) Requirements.--In carrying out this section, the
Commission shall--
(1) ensure that the sentencing guidelines and policy
statements reflect Congress' intent that the guidelines and
policy statements reflect the serious nature of the offenses
described in subsection (a), the incidence of such offenses,
and the need for an effective deterrent and appropriate
punishment to prevent such offenses;
(2) consider the extent to which the guidelines may or may
not appropriately account for--
(A) the potential and actual harm to the public and the
amount of any loss resulting from the offense;
(B) the level of sophistication and planning involved in
the offense;
(C) whether the offense was committed for purposes of
commercial advantage or private financial benefit;
(D) whether the defendant acted with intent to cause either
physical or property harm in committing the offense;
(E) the extent to which the offense represented an abuse of
trust by the offender and was committed in a manner that
undermined public confidence in the Federal, State, or local
government; and
(F) whether the violation was intended to or had the effect
of creating a threat to public health or safety, injury to
any person or even death;
(3) assure reasonable consistency with other relevant
directives and with other sentencing guidelines;
(4) account for any additional aggravating or mitigating
circumstances that might justify exceptions to the generally
applicable sentencing ranges;
(5) make any necessary conforming changes to the sentencing
guidelines; and
(6) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code.

SEC. 17. PERMITTING THE DISCLOSURE OF INFORMATION REGARDING
POTENTIAL CRIMINAL ACTIVITY TO APPROPRIATE LAW
ENFORCEMENT AUTHORITIES.

Section 360(a) of title 28, United States Code, is
amended--
(1) in paragraph (2), by striking ``or'' after the
semicolon;
(2) in paragraph (3), by striking the period and inserting
``; or''; and
(3) by inserting after paragraph (3) the following:
``(4) disclosure of information regarding a potential
criminal offense may be made to the United States Department
of Justice, a Federal, State, or local grand jury, or
Federal, State, or local law enforcement agents.''.
______

By Mr. WYDEN (for himself and Mr. Merkley):
S. 403. A bill to amend the Wild and Scenic Rivers Act to designate
segments of the Molalla River in the State of Oregon, as components of
the National Wild and Scenic Rivers System, and for other purposes; to
the Committee on Energy and Natural Resources.
Mr. WYDEN. Mr. President, today I am introducing a bill to designate
segments of Oregon's Molalla River as Wild and Scenic. I am pleased to
be joined in the Senate in introducing this legislation with my
colleague from Oregon, Senator Merkley. This legislation is also being
introduced today by Representative Schrader in the House of
Representatives. He has been a champion for protecting the river. My
colleagues previously joined me in the effort to protect this Oregon
gem by introducing this bill in the last Congress. The Molalla River
Wild and Scenic Rivers Act will amend the Wild and Scenic Rivers Act
and designate an approximately 15.1 mile segment of the Molalla River
and an approximately 6.2 mile segment of Table Rock Fork Molalla River
as a recreational river under the Wild and Scenic Rivers Act.

[[Page S907]]

The Molalla River Wild and Scenic Rivers Act would protect a popular
Oregon destination that provides abundant recreational activities that
help fuel the recreation economy that is so important to the
communities along the river. The scenic beauty of the Molalla River
provides a backdrop for hiking, mountain biking, camping, and horseback
riding, while the waters of the river are a popular destination for
fishing, kayaking, and whitewater rafting enthusiasts. My bill would
not only preserve this area as a recreation destination, but would also
protect the river habitat of the Chinook salmon and Steelhead trout,
along with the wildlife habitat surrounding the river, home to the
northern spotted owl, the pileated woodpecker, golden and bald eagles,
deer, elk, the pacific giant salamander, and many others.
The Molalla River is not only an important habitat for wildlife and a
popular northwest recreation destination, but it is also the source of
clean drinking water for the towns of Molalla and Canby, Oregon.
Protecting the approximately 21.3 miles of the Molalla River will
provide the residents of these Oregon towns with the assurance that
they will continue to receive clean drinking water, and will provide
all the people of the Pacific Northwest and beyond the knowledge that
this important natural resource will be preserved for continued
enjoyment for years to come.
I would like to reiterate my continued appreciation for the Molalla
River Alliance--a coalition of more than 45 organizations that
recognize that this river is a jewel and have set out to protect it.
Michael Moody, the President of this Alliance, made sure that
irrigators, city councilors, the mayor, businesses and
environmentalists all came together on this. These are the kind of
collaborative home grown solutions that Oregonians are best at. I look
forward to working with Senator Merkley, Representative Schrader, and
the bill's supporters to advance this legislation to the President's
desk.
______

By Mr. NELSON of Florida:
S. 405. A bill to amend the Outer Continental Shelf Lands Act to
provide a requirement for certain lessees, and for other purposes; to
the Committee on Energy and Natural Resources.
Mr. NELSON of Florida. Mr. President, for years, I have fought to
keep oil rigs off the coast of Florida--both in federal waters and
Cuban waters. As we've seen, an oil spill even hundreds of miles away
from Florida can send the black stuff onto our beaches and close our
fishing grounds. Risky exploration close to our shores endangers
Florida's marine environment and tourism as well as our national
security.
Yet we know that drilling just a mere 45 miles off Florida's coast is
possible and is coming from the behest of Cuba's communist regime. For
years the Castros have been eager to develop undiscovered offshore oil
resources, and have already started leasing off different plots of
land. Later this year, the Spanish oil company Repsol, in a consortium
with oil companies from Norway, India, Italy and others, is expected to
drill a deepwater exploratory well roughly 20 miles northeast of
Havana--right in the midst of currents that run up the eastern
seaboard. The U.S. Geological Survey estimates that the North Cuba
Basin could contain over four and a half billion barrels of recoverable
crude oil.
We now find ourselves in a grim situation. Over the past several
years, I have asked both Republican and Democratic administrations to
withdraw the diplomatic letters that we exchange with Cuba every 2
years. This exchange of letters is the only thing enforcing the 1977
Maritime Boundary Agreement, which has never been ratified by the U.S.
Senate. Though I have consistently advocated against this boundary
agreement, our presidents have disagreed. It seems that oil exploration
in waters that are essentially our backyard is imminent.
So today I'm introducing the Gulf Stream Protection Act of 2011,
which will protect the economy and environment of Florida. This
legislation will require federal agencies to safeguard our shores by
preparing for another devastating spill like the Deepwater Horizon that
occurred less than a year ago--but this time in Cuban waters. If a
company that's drilling in Cuba wants to lease drilling rights in the
United States, this bill will require them to first prove that they
have a sufficient oil spill response plan and the resources to address
a spill in both Cuban and U.S. waters. Additionally this bill directs
the Department of Interior--in consultation with the Department of
State--to provide recommendations to Congress on a multinational
agreement for spill response, not unlike what was suggested by the
Spill Commission chaired by Senator Bob Graham and Bill Reilly.
We have seen what oil spills have done in other parts of the country
and around the world. If oil spilled from a well in the North Cuba
Basin, it would coat popular South Atlantic beaches like Miami and West
Palm. I am not prepared to take chances with Florida's coral reefs and
other marine life, nor with the livelihoods of millions of Floridians
who depend on tourism for their economic well-being.
That is why I believe that in addition to my responsibility to deter
exploration and drilling off Florida's coastline, I also have a
responsibility to ensure that we are prepared for the worst-case
scenario: an oil spill from a foreign rig in Cuban waters. I hope my
colleagues will join me in supporting this commonsense 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. 405

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 ``Gulf Stream Protection Act
of 2011''.

SEC. 2. REQUIREMENT FOR CERTAIN DUAL LESSEES.

Section 8(a) of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(a)) is amended by adding at the end the
following:
``(9) Requirement for Certain Lessees.--If a bidder for an
oil or gas lease under this subsection is conducting oil and
gas operations off the coast of Cuba, the Secretary shall not
grant an oil or gas lease to the bidder unless the bidder
submits to the Secretary--
``(A) a Cuban oil spill response plan, which shall include
1 or more worst-case-scenario oil discharge plans; and
``(B) evidence that the bidder has sufficient financial
resources and other resources necessary for a cleanup effort,
as determined by the Secretary, to respond to a worst case
scenario oil discharge in Cuba that occurs in, or would
impact, the waters of the United States.''.

SEC. 3. NONDOMESTIC GULF OIL SPILL RESPONSE PLAN.

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior
(referred to in this section as the ``Secretary'') shall
carry out an oil spill risk analysis and planning process for
the development and implementation of oil spill response
plans for nondomestic oil spills in the Gulf of Mexico.
(b) Requirements.--In developing plans under subsection
(a), the Secretary shall--
(1) consult with the heads of other Federal agencies with
relevant scientific and operational expertise to verify that
holders of oil and gas leases can conduct any response and
containment operations provided for in the plans;
(2) ensure that all critical information and spill
scenarios are included in the plans, including oil spill
containment and control methods to ensure that holders of oil
and gas leased can conduct the operations provided for in the
plans;
(3) ensure that the plans include shared international
standards for natural resource extraction activities;
(4) in consultation with the Secretary of State, to the
maximum extent practicable, include recommendations for
Congress on a joint contingency plan with the countries of
Mexico, Cuba, and the Bahamas to ensure an adequate response
to oil spills located in the eastern Gulf of Mexico; and
(5) to the maximum extent practicable, ensure that the
contingency plan described in paragraph (4) contains a
description of the organization and logistics of a response
team for each country described in that paragraph (including
each applicable Federal and State agency).
(c) Modeling of Cuban Waters.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Administrator of the National
Oceanic and Atmospheric Administration shall conduct modeling
of the Cuban waters.
(2) Use of modeling.--For purposes of developing the plans
required under subsection (a), the Secretary shall take into
account any modeling data collected under paragraph (1).
(d) Verification Process.--The Secretary may conduct a
verification process to ensure that any companies operating
in the United States that are conducting drilling operations
off the coast of Cuba are subject to

[[Page S908]]

standards that are as stringent as the standards under the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).
______

By Mr. ROCKEFELLER:
S. 408. A bill to provide for the temporary retention of sole
community hospital status for a hospital under the Medicare program; to
the Committee on Finance.
Mr. ROCKEFELLER. Mr. President, I rise today to introduce the
Community Hospital Jobs Act of 2011, legislation that gives Fairmont
General Hospital, a small community hospital in West Virginia, the
chance to make an important transition.
Many of Marion County's residents were born at Fairmont General
Hospital--founded in 1939. And many of the hospital's 700 employees are
from the surrounding area. That is why, when Fairmont's leaders told me
the hospital was going to lose a large portion of its Medicare payments
because it was going to lose its status as a Sole Community Hospital, I
knew it was important to make sure Fairmont General maintained its role
as a vibrant health care leader in our community--and I began looking
for ways to help.
Over the last couple of years, I have worked extensively with
Fairmont officials and with other members of the West Virginia
delegation to identify possible solutions to Fairmont's problem, which
the hospital did nothing to cause. First we looked for a regulatory
solution. However, after speaking extensively with federal and hospital
officials, scrutinizing every regulation, we determined that without
intervention from Congress, Fairmont would lose its status as the sole
community hospital--and with it, additional federal payments that are
helping the hospital stay afloat and maintain jobs, as many as 70 of
which may be at stake.
Once it became clear that legislation was necessary, I got to work
again on behalf of Fairmont. Last fall, I started to work on a
legislative solution to allow Fairmont to retain its sole community
hospital status. And, when the Senate began consideration of an end-of-
the-year health care bill, I pushed for the inclusion of legislative
language to allow Fairmont to keep its sole community hospital status
for a three-year transition period. Unfortunately, this language was
not ultimately included in the final Medicare and Medicaid Extenders
Act of 2010--but I am not going to give up.
Fairmont General does not give up on its patients, and I am not
giving up on Fairmont. That is why I am introducing this important
legislation today.
I urge my colleagues to support the Community Hospital Jobs Act.
______

By Mr. GRASSLEY (for himself, Mr. Schumer, Mr. Leahy, Mr. Graham,
Mr. Cornyn, Mr. Durbin, and Ms. Klobuchar):
S. 410. A bill to provide for media coverage of Federal court
proceedings; to the Committee on the Judiciary.
Mr. GRASSLEY. Mr. President, today, I reintroduce the Sunshine in the
Courtroom Act, a bipartisan bill which will allow judges at all federal
court levels to open their courtrooms to television cameras and radio
broadcasts.
Openness in our courts improves the public's understanding of what
goes on there. Our judicial system is a secret to many people across
the country. Letting the sun shine in on federal courtrooms will give
Americans an opportunity to better understand the judicial process.
Courts are the bedrock of the American justice system. Allowing greater
access to our courts will inspire faith in and restore appreciation for
our judges who pledge equal and impartial justice for all.
For decades, states such as my home state of Iowa have allowed
cameras in their courtrooms with great results. As a matter of fact,
only the District of Columbia prohibits trial and appellate court
coverage entirely. Nineteen States allow news coverage in most courts;
16 allow coverage with slight restrictions; and the remaining 15 allow
coverage with stricter rules.
The bill I am introducing today, along with Senator Schumer and five
other cosponsors from both sides of the aisle, including Judiciary
Chairman Leahy, will greatly improve public access to Federal courts.
It lets Federal judges open their courtrooms to television cameras and
other electronic media.
The Sunshine in the Courtroom Act is full of provisions that ensure
that the introduction of cameras and other broadcasting devices into
the courtrooms goes as smoothly as it has at the state level. First,
the presence of the cameras in Federal trial and appellate courts is at
the sole discretion of the judges--it is not mandatory. The bill also
provides a mechanism for Congress to study the effects of this
legislation on our judiciary before making this change permanent
through a 3 year sunset provision. The bill also protects the privacy
and safety of non-party witnesses by giving them the right to have
their faces and voices obscured. Finally, it includes a provision to
protect the due process rights of any party, and prohibits the
televising of jurors.
We need to open the doors and let the light shine in on the Federal
Judiciary. This bill improves public access to and therefore
understanding of our federal courts. It has safety provisions to ensure
that the cameras won't interfere with the proceedings or with the
safety or due process of anyone involved in the cases. Our states have
allowed news coverage of their courtrooms for decades. It is time we
join them.
Mr. President, I ask unanimous consent that the text of this 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. 410

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 ``Sunshine in the Courtroom
Act of 2011''.

SEC. 2. FEDERAL APPELLATE AND DISTRICT COURTS.

(a) Definitions.--In this section:
(1) Presiding judge.--The term ``presiding judge'' means
the judge presiding over the court proceeding concerned. In
proceedings in which more than 1 judge participates, the
presiding judge shall be the senior active judge so
participating or, in the case of a circuit court of appeals,
the senior active circuit judge so participating, except
that--
(A) in en banc sittings of any United States circuit court
of appeals, the presiding judge shall be the chief judge of
the circuit whenever the chief judge participates; and
(B) in en banc sittings of the Supreme Court of the United
States, the presiding judge shall be the Chief Justice
whenever the Chief Justice participates.
(2) Appellate court of the united states.--The term
``appellate court of the United States'' means any United
States circuit court of appeals and the Supreme Court of the
United States.
(b) Authority of Presiding Judge To Allow Media Coverage of
Court Proceedings.--
(1) Authority of appellate courts.--
(A) In general.--Except as provided under subparagraph (B),
the presiding judge of an appellate court of the United
States may, at the discretion of that judge, permit the
photographing, electronic recording, broadcasting, or
televising to the public of any court proceeding over which
that judge presides.
(B) Exception.--The presiding judge shall not permit any
action under subparagraph (A), if--
(i) in the case of a proceeding involving only the
presiding judge, that judge determines the action would
constitute a violation of the due process rights of any
party; or
(ii) in the case of a proceeding involving the
participation of more than 1 judge, a majority of the judges
participating determine that the action would constitute a
violation of the due process rights of any party.
(2) Authority of district courts.--
(A) In general.--
(i) Authority.--Notwithstanding any other provision of law,
except as provided under clause (iii), the presiding judge of
a district court of the United States may, at the discretion
of that judge, permit the photographing, electronic
recording, broadcasting, or televising to the public of any
court proceeding over which that judge presides.
(ii) Obscuring of witnesses.--Except as provided under
clause (iii)--

(I) upon the request of any witness (other than a party) in
a trial proceeding, the court shall order the face and voice
of the witness to be disguised or otherwise obscured in such
manner as to render the witness unrecognizable to the
broadcast audience of the trial proceeding; and
(II) the presiding judge in a trial proceeding shall inform
each witness who is not a party that the witness has the
right to request the image and voice of that witness to be
obscured during the witness' testimony.

(iii) Exception.--The presiding judge shall not permit any
action under this subparagraph--

(I) if that judge determines the action would constitute a
violation of the due process rights of any party; and

[[Page S909]]

(II) until the Judicial Conference of the United States
promulgates mandatory guidelines under paragraph (5).

(B) No media coverage of jurors.--The presiding judge shall
not permit the photographing, electronic recording,
broadcasting, or televising of any juror in a trial
proceeding, or of the jury selection process.
(C) Discretion of the judge.--The presiding judge shall
have the discretion to obscure the face and voice of an
individual, if good cause is shown that the photographing,
electronic recording, broadcasting, or televising of the
individual would threaten--
(i) the safety of the individual;
(ii) the security of the court;
(iii) the integrity of future or ongoing law enforcement
operations; or
(iv) the interest of justice.
(D) Sunset of district court authority.--The authority
under this paragraph shall terminate 3 years after the date
of the enactment of this Act.
(3) Interlocutory appeals barred.--The decision of the
presiding judge under this subsection of whether or not to
permit, deny, or terminate the photographing, electronic
recording, broadcasting, or televising of a court proceeding
may not be challenged through an interlocutory appeal.
(4) Advisory guidelines.--The Judicial Conference of the
United States may promulgate advisory guidelines to which a
presiding judge, at the discretion of that judge, may refer
in making decisions with respect to the management and
administration of photographing, recording, broadcasting, or
televising described under paragraphs (1) and (2).
(5) Mandatory guidelines.--Not later than 6 months after
the date of enactment of this Act, the Judicial Conference of
the United States shall promulgate mandatory guidelines which
a presiding judge is required to follow for obscuring of
certain vulnerable witnesses, including crime victims, minor
victims, families of victims, cooperating witnesses,
undercover law enforcement officers or agents, witnesses
subject to section 3521 of title 18, United States Code,
relating to witness relocation and protection, or minors
under the age of 18 years. The guidelines shall include
procedures for determining, at the earliest practicable time
in any investigation or case, which witnesses should be
considered vulnerable under this section.
(6) Procedures.--In the interests of justice and fairness,
the presiding judge of the court in which media use is
desired has discretion to promulgate rules and disciplinary
measures for the courtroom use of any form of media or media
equipment and the acquisition or distribution of any of the
images or sounds obtained in the courtroom. The presiding
judge shall also have discretion to require written
acknowledgment of the rules by anyone individually or on
behalf of any entity before being allowed to acquire any
images or sounds from the courtroom.
(7) No broadcast of conferences between attorneys and
clients.--There shall be no audio pickup or broadcast of
conferences which occur in a court proceeding between
attorneys and their clients, between co-counsel of a client,
between adverse counsel, or between counsel and the presiding
judge, if the conferences are not part of the official record
of the proceedings.
(8) Expenses.--A court may require that any accommodations
to effectuate this Act be made without public expense.
(9) Inherent authority.--Nothing in this Act shall limit
the inherent authority of a court to protect witnesses or
clear the courtroom to preserve the decorum and integrity of
the legal process or protect the safety of an individual.
______

By Mr. LEVIN (for himself, Mrs. Hutchison, Mr. Vitter, Ms.
Landrieu, Mr. Shelby, Ms. Stabenow, Mrs. Boxer, Ms. Klobuchar,
Mr. Wyden, Mr. Franken, Mr. Lieberman, Mr. Brown of Ohio, Mrs.
Gillibrand, and Mr. Cornyn):
S. 412. A bill to ensure that amounts credited to the Harbor
Maintenance Trust Fund are used for harbor maintenance; to the
Committee on Environment and Public Works.
Mr. LEVIN. Mr. President, in 1986, the Congress wisely established
the Harbor Maintenance Trust Fund to pay for operation and maintenance
of our Nation's harbors. This fund, which is fed by a tax based on the
value of goods passing through our ports, today has a balance of more
than $5.7 billion--a significant sum of money to address our Nation's
need for clear and navigable harbors connecting our Nation's farmers
and manufacturers to the web of international commerce.
But that $5.7 billion is not being used that way, or at least, not to
the extent it should be. Despite that significant balance, our harbors
are struggling because of unmet maintenance needs. In the Great Lakes
region alone, more than 18 million cubic yards of material need to be
dredged from harbors to ensure safe navigation. Dredging these harbors
would be a $200 million job. And on the coasts, similar backlogs
threaten the safe and efficient movement of commerce that creates jobs
and helps the American economy grow. The Army Corps of Engineers
estimates that the nation's 59 busiest ports are available less than 35
percent of the time because they are inadequately maintained. Unless we
act, the failure to address these maintenance needs could slow the flow
of goods, reduce economic growth, cost jobs, and create hazards to
navigation that could lead to accidents and environmental damage.
We need to address that maintenance backlog. The Harbor Maintenance
Trust Fund can provide the funding to do so. But Congress must take
action to ensure we address these needs. That is why today, Senator
Hutchison and I, joined by 12 of our colleagues, have introduced the
Harbor Maintenance Act of 2011.
Simply put, our legislation would connect our spending on harbor
maintenance to the revenue collected in the Harbor Maintenance Trust
Fund. As commerce continues to grow and shipping becomes an ever-more-
important driver of economic growth, proper maintenance is vital.
A wise car owner does not ignore the need to change the oil. A smart
homeowner makes sure the roof is in good shape. They do so because a
small investment in maintenance today can prevent much bigger costs
tomorrow. We should follow the same philosophy when it comes to our
harbors. We should ensure that we make smart investments today that
will pay off for years to come.
I thank Senator Hutchison and our co-sponsors for their work on
behalf of this important legislation, and I urge my colleagues to help
us ensure its passage.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 412

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 ``Harbor Maintenance Act of
2011''.

SEC. 2. FUNDING FOR HARBOR MAINTENANCE PROGRAMS.

(a) Harbor Maintenance Trust Fund Guarantee.--
(1) In general.--The total budget resources made available
from the Harbor Maintenance Trust Fund each fiscal year
pursuant to section 9505(c) of the Internal Revenue Code of
1986 (relating to expenditures from the Harbor Maintenance
Trust Fund) shall be equal to the level of receipts plus
interest credited to the Harbor Maintenance Trust Fund for
that fiscal year. Such amounts may be used only for harbor
maintenance programs described in section 9505(c) of such
Code.
(2) Guarantee.--No funds may be appropriated for harbor
maintenance programs described in such section unless the
amount described in paragraph (1) has been provided.
(b) Definitions.--In this section, the following
definitions apply:
(1) Total budget resources.--The term ``total budget
resources'' means the total amount made available by
appropriations Acts from the Harbor Maintenance Trust Fund
for a fiscal year for making expenditures under section
9505(c) of the Internal Revenue Code of 1986.
(2) Level of receipts plus interest.--The term ``level of
receipts plus interest'' means the level of taxes and
interest credited to the Harbor Maintenance Trust Fund under
section 9505 of the Internal Revenue Code of 1986 for a
fiscal year as set forth in the President's budget baseline
projection as defined in section 257 of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law 99-177;
99 Stat. 1092) for that fiscal year submitted pursuant to
section 1105 of title 31, United States Code.
(c) Enforcement of Guarantees.--It shall not be in order in
the House of Representatives or the Senate to consider any
bill, joint resolution, amendment, motion, or conference
report that would cause total budget resources in a fiscal
year for harbor maintenance programs described in subsection
(b)(1) for such fiscal year to be less than the amount
required by subsection (a)(1) for such fiscal year.
______

By Mr. LIEBERMAN (for himself, Ms. Collins, and Mr. Carper):
S. 413. A bill to amend the Homeland Security Act of 2002 and other
laws to enhance the security and resiliency of the cyber and
communications infrastructure of the United States; to the Committee on
Homeland Security and Governmental Affairs.
Ms. COLLINS. Mr. President, I rise today to join Senator Lieberman
and Senator Carper in introducing the Cyber Security and Internet
Freedom Act of 2011. This vital legislation would

[[Page S910]]

fortify the government's efforts to safeguard America's cyber networks
from attack and ensure that access to the Internet is protected and its
availability preserved for every American.
The Internet is vital to almost every facet of Americans' daily
lives--from the water we drink to the power we use to the ways we
communicate. It is essential to the free flow of ideas and information.
The Internet is a manifestation of the ideals that underlie the First
Amendment of our Constitution and the core freedoms that all Americans
hold dear. It is essential that the Internet and our access to it be
protected to ensure both reliability of the critical services that rely
upon it and the availability of the information that travels over it.
While the United States must ensure the security of our nation and its
critical infrastructure, it must do so in a manner that does not
deprive Americans of the ability to lawfully read or express their
views. Neither the President nor any other Federal official should have
the authority to ``shut down'' the Internet.
In June 2010, Senator Lieberman, Senator Carper, and I introduced
legislation to strengthen the government's efforts to safeguard
America's cyber networks from attack; build a public/private
partnership to promote national cyber security priorities; and bolster
the government's ability to set, monitor compliance with, and enforce
standards and policies for securing Federal civilian systems and the
sensitive information they contain. In late June, that bill was
unanimously approved by the Senate Homeland Security and Governmental
Affairs Committee.
Today we are introducing for the 112th Congress the bill unanimously
approved by our committee, but with explicit provisions preventing the
President from shutting down the Internet and providing an opportunity
for judicial review of designations of our most sensitive systems and
assets as ``covered critical infrastructure.''
President Mubarak's actions in January to shut down Internet
communications in Egypt were, and are, totally inappropriate. Freedom
of speech is a fundamental right that must be protected, and his ban
was clearly designed to limit criticisms of his government. Our cyber
security legislation is intended to protect the United States from
external cyber attacks. Yet, some have suggested that the legislation
the Committee reported during the last Congress would empower the
President to deny U.S. citizens access to the Internet. Nothing could
be further from the truth.
I would never sign on to legislation that authorized the President,
or anyone else, to shut down the Internet. Emergency or no, the
exercise of such broad authority would be an affront to our
Constitution.
But our outmoded current laws do give us reason to be concerned. Most
important, under current law, in the event of a cyber attack, the
President's authorities are broad and ambiguous--a recipe for
encroachments on privacy and civil liberties.

For example, in the event of a war or threat of war, the
Communications Act of 1934 authorizes the President to take over or
shut down wire and radio communications providers. This law is a crude
sledgehammer built for another time and technology. Our bill contains a
number of protections to make sure that broad authority cannot be used
to shut down the Internet.
First, section 2 of the bill states explicitly:

Notwithstanding any other provision of this Act, an
amendment made by this Act, or section 706 of the
Communications Act of 1934, neither the President, the
Director of the National Center for Cybersecurity and
Communications, or any officer or employee of the United
States Government shall have the authority to shut down the
Internet.

Second, the emergency measures in our bill apply in a precise and
targeted way only to our most critical infrastructure--vital components
of the electric power grid, telecommunications networks, financial
systems or other critical infrastructure systems that could cause a
national or regional catastrophe if disrupted. This definition would
not cover the entire Internet, the Internet backbone, or even entire
companies.
In defining covered critical infrastructure, our bill directs the
Secretary to consider the consequences of a disruption of a particular
system or asset. To constitute a ``national or regional catastrophe,''
the disruption would need to cause a mass casualty event which includes
an extraordinary number of fatalities; severe economic consequences;
mass evacuations with a prolonged absence; or severe degradation of
national security capabilities, including intelligence and defense
functions.
When the Committee reported this bill last year, the report clarified
what these four factors mean, specifically referencing the current DHS
interpretation of ``national or severe economic consequences; mass
evacuations with a prolonged absence; or regional catastrophe.'' Under
DHS's interpretation, a ``national or regional catastrophe'' includes a
combination of the following factors: more than 2,500 prompt
fatalities; greater than $25 billion in first-year economic
consequences; mass evacuations with a prolonged absence of greater than
one month; or severe degradation of the nation's security capabilities.
As our Committee's report noted, we expect the Department to apply
this standard in determining which particular systems or assets
constitute covered critical infrastructure.
Third, our legislation restricts the President's ability to declare a
national cyber emergency to those circumstances in which an ``actual or
imminent'' cyber attack would disrupt covered critical infrastructure
that would cause these catastrophic consequences.
Fourth, any measures ordered by the President must be ``the least
disruptive means feasible.''
Fifth, the authority our bill would grant is time limited. The
President could only declare a cyber emergency for 30-day period and
only for up to 120 days. After that, Congress would be required to
specifically authorize further measures. Any declaration would be
subject to congressional oversight, as our bill requires the President
to notify Congress regarding the specific threat to our nation's
infrastructure, why existing protections are not sufficient, and what
specific emergency measures are required to respond to the specific
threat.
Sixth, the legislation expressly forbids the designation of any
system or asset as covered critical infrastructure ``based solely on
activities protected by the first amendment to the United States
Constitution.''
Seventh, the bill provides for a robust administrative process for an
owner or operator to challenge the designation of a system or asset as
covered critical infrastructure and expressly permits challenges of a
final agency determination in federal court.
Our bill contains protections to prevent the President from denying
Americans access to the Internet--even as it provides clear and
unambiguous direction to ensure that those most critical systems and
assets that rely on the Internet are protected. And, even though
experts question whether anyone can technically ``shut down'' the
Internet in the United States, we included explicit language
prohibiting the President from doing what President Mubarak did.
I would like to stress that the need for Congress to pass a
comprehensive cyber security bill is more urgent than ever.
Cyber-based threats to U.S. information infrastructure are
increasing, constantly evolving, and growing more dangerous.
In March 2010 the Senate's Sergeant at Arms reported that the
computer systems of Congress and the Executive Branch agencies are now
under cyber attack an average of 1.8 billion times per month. The
annual cost of cyber crime worldwide has climbed to more than $1
trillion.
Coordinated cyber attacks have crippled Estonia, Georgia, and
Kyrgyzstan and compromised critical infrastructure in countries around
the world.
Devastating cyber attacks could disrupt, damage, or even destroy some
of our nation's critical infrastructure, such as the electric power
grid, oil and gas pipelines, dams, or communications networks. These
cyber threats could cause catastrophic damage in the physical world.
Based on media reports, China and Russia already have penetrated the
computer systems of America's electric power grid, leaving behind
malicious

[[Page S911]]

hidden software that could be activated later to disrupt the grid
during a war or other national crisis.
In June 2010, cyber security experts discovered Stuxnet, one of the
most sophisticated viruses ever found. Stuxnet was programmed
specifically to infiltrate certain industrial control systems, allowing
the virus to potentially overwrite commands and to sabotage infected
systems. It had the potential to change instructions, commands, or
alarm thresholds, which, in turn, could damage, disable, or disrupt
equipment supporting the most critical infrastructure.
The private sector is also under attack. In January 2010, Google
announced that attacks originating in China had targeted its systems as
well as the networks of more than 30 other companies. The attacks on
Google sought to access the email accounts of Chinese human
rights activists. For other companies, lucrative information such as
critical corporate data and software source codes were targeted.

According to a report released last week, coordinated and covert
attacks hit more than five major oil, energy, and petrochemical
companies. The focus of the intrusions was oil and gas field production
systems, as well as financial documents related to field exploration
and bidding for new oil and gas leases. The companies also lost
information related to their industrial control systems.
In the cyber domain, the advantage lies with our adversaries, for
whom success could be achieved by exploiting a single vulnerability
that could produce disruptive effects at network speed. Effectively
preventing or containing major cyber attacks requires that response
plans be in place and roles and authorities of Federal government
agencies and entities be clearly delineated in advance.
For too long, our approach to cyber security has been disjointed and
uncoordinated. This cannot continue. The United States requires a
comprehensive cyber security strategy backed by effective
implementation of innovative security measures. There must be strong
coordination among law enforcement, intelligence agencies, the
military, and the private sector owners and operators of critical
infrastructure.
This bill would establish the essential point of coordination across
the Executive branch. The Office of Cyberspace Policy in the Executive
Office of the President would be run by a Senate-confirmed Director who
would advise the President on all cyber security matters. The Director
would lead and harmonize Federal efforts to secure cyberspace and would
develop a strategy that incorporates all elements of cyber security
policy. The Director would oversee all Federal activities related to
the strategy to ensure efficiency and coordination. The Director would
report regularly to Congress to ensure transparency and oversight.
To be clear, the White House official would not be another
unaccountable czar. The Cyber Director would be a Senate-confirmed
position and thus would testify before Congress. The important
responsibilities given to the Director of the Office of Cyberspace
Policy related to cyber security are similar to the responsibilities of
the current Director of the Office of Science and Technology Policy.
The Cyber Director would advise the President and coordinate efforts
across the Executive branch to protect and improve our cyber security
posture and communications networks. And, by working with a strong
operational and tactical partner at the Department of Homeland
Security, the Director would help improve the security of Federal and
private sector networks.
This strong DHS partner would be the National Center for
Cybersecurity and Communications, or Cyber Center. It would be located
within the Department of Homeland Security to elevate and strengthen
the Department's cyber security capabilities and authorities. This
Center also would be led by a Senate-confirmed Director.
The Cyber Center, anchored at DHS, will close the coordination gaps
that currently exist in our disjointed federal cyber security efforts.
For day-to-day operations, the Center would use the resources of DHS,
and the Center Director would report directly to the Secretary of
Homeland Security. On interagency matters related to the security of
Federal networks, the Director would regularly advise the President--a
relationship similar to the Director of the NCTC on counterterrorism
matters or the Chairman of the Joint Chiefs of Staff on military
issues. These dual relationships would give the Center Director
sufficient rank and stature to interact effectively with the heads of
other departments and agencies, and with the private sector.

Congress has dealt with complex challenges involving the need for
interagency coordination in the past with a similar construct. We have
established strong leaders with supporting organizational structures to
coordinate and implement action across agencies, while recognizing and
respecting disparate agency missions.
The establishment of the National Counterterrorism Center within the
Office of the Director of National Intelligence is a prime example of a
successful reorganization that fused the missions of multiple agencies.
The Director of NCTC is responsible for the strategic planning of joint
counterterrorism operations, and in this role reports to the President.
When implementing the information analysis, integration, and sharing
mission of the Center, the Director reports to the Director of National
Intelligence. These dual roles provide access to the President on
strategic, interagency matters, yet provide NCTC with the structural
support and resources of the office of the DNI to complete the day-to-
day work of the NCTC. The DHS Cyber Center would replicate this
successful model for cyber security.
This bill would establish a public/private partnership to improve
cyber security. Working collaboratively with the private sector, the
Center would produce and share useful warning, analysis, and threat
information with the private sector, other Federal agencies,
international partners, and state and local governments. By developing
and promoting best practices and providing voluntary technical
assistance to the private sector, the Center would improve cyber
security across the nation. Best practices developed by the Center
would be based on collaboration and information sharing with the
private sector. Information shared with the Center by the private
sector would be protected.
With respect to the owners and operators of our most critical systems
and assets, the bill would mandate compliance with certain risk-based
performance metrics to close security gaps. These metrics would apply
to vital components of the electric grid, telecommunications networks,
financial systems, or other critical infrastructure systems that could
cause a national or regional catastrophe if disrupted.
This approach would be similar to the current model that DHS employs
with the chemical industry. Rather than setting specific standards, DHS
would employ a risk-based approach to evaluating cyber risk, and the
owners and operators of covered critical infrastructure would develop a
plan for protecting against those risks and mitigating the consequences
of an attack.
These owners and operators would be able to choose which security
measures to implement to meet applicable risk-based performance
metrics. The bill does not authorize any new surveillance authorities
or permit the government to ``take over'' private networks. This model
would allow for continued innovation and dynamism that are fundamental
to the success of the IT sector.

The bill would protect the owners and operators of covered critical
infrastructure from punitive damages when they comply with the new
risk-based performance measures. Covered critical infrastructure also
would be required to report certain significant breaches affecting
vital system functions to the Center. Collaboration with the private
sector would help develop mitigations for these cyber risks.
The Center also would share information, including threat analysis,
with owners and operators of critical infrastructure regarding risks
affecting the security of their sectors. The Center would work with
sector-specific agencies and other Federal agencies with existing
regulatory authority to avoid duplication of requirements, to use
existing expertise, and to ensure government resources are employed in
the most efficient and effective manner.

[[Page S912]]

With regard to Federal networks, the Federal Information Security
Management Act--known as FISMA--gives the Office of Management and
Budget broad authority to oversee agency information security measures.
In practice, however, FISMA is frequently criticized as a ``paperwork
exercise'' that offers little real security and leads to a disjointed
cyber security regime in which each Federal agency haphazardly
implements its own security measures.
The bill we introduce today would transform FISMA from paper based to
real-time responses. It would codify and strengthen DHS authorities to
establish complete situational awareness for Federal networks and
develop tools to improve resilience of Federal Government systems and
networks.
The legislation also would ensure that Federal civilian agencies
consider cyber risks in IT procurements instead of relying on the ad
hoc approach that dominates civilian government cyber efforts. The bill
would charge the Secretary of Homeland Security, working with the
private sector and the heads of other affected departments and
agencies, with developing a supply chain risk management strategy
applicable to Federal procurements. This strategy would emphasize the
security of information systems from development to acquisition and
throughout their operational life cycle. The strategy would be based,
to the maximum extent practicable, on standards developed by the
private sector and would direct agencies to use commercial-off-the-
shelf solutions to the maximum extent consistent with agency needs.
While the Cyber Center should not be responsible for micromanaging
individual procurements or directing investments, we have seen far too
often that security is not a primary concern when agencies procure
their IT systems. Recommending security investments to OMB and
providing strategic guidance on security enhancements early in the
development and acquisition process will help ``bake in'' security.
Cyber security can no longer be an afterthought in our government
agencies.
These improvements in Federal acquisition policy should have
beneficial ripple effects in the larger commercial market. As a large
customer, the Federal Government can contract with companies to
innovate and improve the security of their IT services and products.
These innovations can establish new security baselines for services and
products offered to the private sector and the general public without
mandating specific market outcomes.

Finally, the legislation would direct the Office of Personnel
Management to reform the way cyber security personnel are recruited,
hired, and trained to ensure that the Federal Government and the
private sector have the talent necessary to lead this national effort
and protect its own networks. The bill would also provide DHS with
temporary hiring and pay flexibilities to assist in the establishment
of the Center.
We cannot afford to wait for a ``cyber 9/11'' before our government
finally realizes the importance of protecting our digital resources,
limiting our vulnerabilities, and mitigating the consequences of
penetrations to our networks.
We must be ready. It is vitally important that we build a strong
public-private partnership to protect cyberspace. It is a vital engine
of our economy, our government, our country and our future.
I urge Congress to support this vitally important legislation.

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