Congressional Record, Volume 157 Issue 55 (Thursday, April 14, 2011)

[Congressional Record Volume 157, Number 55 (Thursday, April 14, 2011)]
[Senate]
[Pages S2510-S2539]
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 and Ms. Snowe):
S. 818. A bill to amend title XVIII of the Social Security Act to
count a period of receipt of outpatient observation services in a
hospital toward satisfying the 3-day inpatient hospital requirement for
coverage of skilled nursing facility services under Medicare; to the
Committee on Finance.
Mr. KERRY. Mr. President, today too many Medicare beneficiaries are
being saddled with thousands of dollars of unnecessary out-of-pocket
costs for stays at skilled nursing facilities, SNF, solely because of
the technical classification of their hospital stay.
Hospitals are increasingly serving Medicare beneficiaries using an
``outpatient observation status'' rather than admitting them as an
inpatient--a billing technicality. Because of this, patients are
enduring longer hospital stays in observation status and may
unknowingly be treated under outpatient observation status for the
entirety of their hospital visit.
While the classification of a hospital stay does not affect either
the type or level of care a beneficiary receives, it has significant
repercussions on Medicare coverage of SNF care. Under current law,
Medicare covers SNF care only if beneficiaries have 3 consecutive days
of hospitalization as an inpatient, not counting the day of discharge.
Although the Medicare Program manuals limit observation status to 24
to 48 hours, many beneficiaries nationwide are experiencing extended
stays in acute care hospitals under observation status. According to
the Medicare Payment Advisory Committee, MedPAC, the number of
beneficiaries receiving outpatient observation services for longer than
48 hours rapidly increased, by more than 70 percent, from 2006 to 2008.
The growth in observation care has not only generated considerable
beneficiary confusion as to why Medicare does not cover their SNF care
after a hospitalization, but also it has also become a substantial
financial barrier to medically necessary post-acute care. Beneficiaries
are left facing thousands of dollars in unreimbursed out-of-pocket
charges for their care. Those who cannot afford to pay privately for
their stay in a SNF may decide to forgo care altogether.
I have heard countless stories of hardship from Medicare
beneficiaries in Massachusetts because of this unfair policy. I would
like to share the inexcusable experience of one of my constituents,
Rosemary Crossin. Rosemary is 81 years old and suffers from Parkinson's
disease, arthritis, and diabetes. She was treated at a Boston hospital
following a fall that left her with a broken shoulder and a broken
hand.
Upon arrival at the hospital, she was examined in the ER for over 6
hours, where she waited on a hard stretcher and received a CT scan, an
x ray, and two doses of morphine. At the end of her examination,
Rosemary, disoriented and unable to walk on her own due to the
combination of her chronic conditions, morphine, and broken bones, was
treated in the hospital under observation status.
At no time did the hospital inform Rosemary's family what observation
status meant. Rosemary remained in the hospital for over 4 days while
she recovered, after which time a physician determined that Rosemary be
transferred to an extended stay facility to complete her
rehabilitation.
Despite spending over 4 days in the hospital, after the hospital
itself determined she was not fit to return home, Rosemary was never
admitted as an inpatient. Because she was never classified as an
inpatient for billing purposes, she was told that her costs would not
be covered by Medicare. Rosemary was told that she would have to prepay
$7998 to the skilled nursing facility or remain at the hospital at a
cost of $1200 per day. This is wrong, and it needs to be changed.
Currently, Rosemary continues to rehabilitate her injuries at the
skilled nursing facility. Unfortunately, because she was in observation
status for her entire hospital stay, all subsequent costs will need to
be paid for out-of-pocket.
Rosemary could have to spend up to $18,000 out-of-pocket following
her fall, all because the hospital kept her under observation status
for more than 96 hours after it determined she was not fit to go home.
Unfortunately, Rosemary's experience is not unique. That is why
Senator Snowe and I are working together to prevent billing
technicalities from hampering access to skilled nursing care. Today, we
are introducing the Improving Access to Medicare Coverage Act of 2011,
which would eliminate financial barriers to skilled nursing care in
Medicare by allowing observation stays to be counted toward the 3-day
mandatory inpatient stay for Medicare coverage of SNF services.
This legislation is supported by a number of national organizations
from both the provider and beneficiary communities. I would like to
thank a number of organizations that have been integral to the
development of the Improving Access to Medicare Coverage Act of 2011
and that have endorsed our legislation today, including the AARP, the
American Health Care Association, the American Medical Association, the
American Medical Directors Association, the Center for Medicare
Advocacy, LeadingAge, and the National Committee to Preserve Social
Security and Medicare.
The Improving Access to Medicare Coverage Act will ensure that
vulnerable patients like Rosemary will no longer have to suffer or
worry about affording medically needed care because of a hospital
billing classification issue.
I urge my colleagues to support our legislation to eliminate
unnecessary barriers to skilled nursing care and to bring peace of mind
to patients and their families.
______

By Mr. SHELBY:
S. 820. A bill to repeal the current Internal Revenue Code and
replace it with a flat tax, thereby guaranteeing economic growth and
greater fairness for all Americans; to the Committee on Finance.
Mr. SHELBY. Mr. President, I rise today to once again introduce my
flat tax bill, the Smart, Manageable and Responsible Tax Act, referred
to as the SMART Act.
In the United States, there are few, if any, days that are viewed
with the same resentment and contempt year after year as April 15:
national tax day.
Our current Tax Code totals more than 70,000 pages, making tax
compliance unnecessarily complex, confusing and costly. During the past
10 years, there have been over 4,400 changes to the Tax Code, including
an estimated 579 changes in 2010 alone.
The inclusion of the additional 1099 tax reporting requirements in
the health care reform bill are just one example of the onerous
requirements throughout our Tax Code.
As we have learned since the passage of these requirements last
March, incremental improvements to the Tax

[[Page S2511]]

Code are not easy. It took Congress over a year to finally agree to
repeal the 1099 changes that common sense tells us are essential to
alleviating the burdens on small business. Yet our Tax Code is riddled
with other similarly ill-conceived requirements.
Over the course of a year, individuals spend an average of 26 hours,
over half of a work week, preparing for their tax filings.
Although this has been standard practice for decades, I do not
believe average taxpayers should have to pore over IRS regulations for
hours or pay someone to prepare their returns. Unfortunately, under our
convoluted tax system they are left with little choice.
I have said a number of times before that our current tax system is
unfair. It punishes success and stifles economic growth. The best
remedy is to adopt a single tax rate for all taxpayers. Transitioning
to a flat tax would not only increase fairness in the Tax Code, it
would also increase the incentives to work and invest.
By eliminating the thousands of tax loopholes, deductions, and
credits that can often only be utilized with extensive tax planning and
expensive advisers, hardworking Americans can rest assured that
corporations with billions of dollars in profit and sophisticated
taxpayers are not able to unfairly reduce or eliminate their tax
liabilities and leave middle-class Americans footing the bill.
The SMART Act also reforms our corporate Tax Code. The United States
currently has the second highest corporate tax rate in the world.
American companies routinely make the difficult decision to move
operations overseas to reduce their tax burden. Under my legislation,
companies would pay a flat tax rate of 17 percent on their profits.
Cutting the corporate tax rate in half would increase domestic
companies' competitiveness with foreign corporations and eliminate the
incentives to shift jobs overseas.
This bill provides a simple, commonsense solution to the complexities
and inequities of the current tax system. Taxpayers would be able to
determine their tax liability quickly and easily, and file a tax return
the size of a postcard.
The SMART Tax would repeal the current Internal Tax Code and replace
it with a single tax rate for all taxpayers of 17 percent on all
salaries, wages, and pensions. The only exemptions would be a personal
exemption of $13,410 for a single person; $17,120 for a head of
household; $26,810 for a married couple filing jointly; and $5,780 for
each dependent, with these amounts indexed to inflation.
Additionally, under my legislation, earnings from savings and
investments would not be included in taxable income. Eliminating this
double taxation would increase the savings rate in our country and
immediately spur investments in the economy, create jobs and boost
economic growth.
Approximately 60 percent of individual taxpayers now pay preparers to
complete their taxes for them. An additional 29 percent of individuals
use tax software to assist with their filings. What this means for most
people is that in addition to paying the government every year, they
must pay someone or buy software to tell them exactly how much to pay
their government.
The American people want and need fundamental tax reform that would
save time and money and bring fairness to our tax structure. The
legislation I am introducing today would implement much-needed reforms
that eliminate onerous paperwork and promote economic growth in our
country.
I recognize that this bill is a monumental shift away from our
current tax laws, but our economy needs a boost, and we must not allow
the enormity of the task to deter us from enacting better, more
efficient tax laws. I urge my colleagues to join me in support of this
legislation.
______

By Mr. LEAHY (for himself, Mr. Akaka, Mr. Blumenthal, Mrs. Boxer,
Mr. Cardin, Mr. Casey, Mr. Coons, Mr. Durbin, Mr. Franken, Mrs.
Gillibrand, Mr. Harkin, Mr. Kerry, Mr. Lautenberg, Mr. Merkley,
Mrs. Murray, Mr. Schumer, Mr. Whitehouse, Mr. Wyden, Mr.
Inouye, and Mr. Sanders):
S. 821. A bill to amend the Immigration and Nationality Act to
eliminate discrimination in the immigration laws by permitting
permanent partners of United States citizens and lawful permanent
residents to obtain lawful permanent resident status in the same manner
as spouses of citizens and lawful permanent residents and to penalize
immigration fraud in connection with permanent partnerships; to the
Committee on the Judiciary.
Mr. LEAHY. Mr. President, today, I am reintroducing the Uniting
American Families Act, UAFA, which grants same-sex binational couples
the same immigration benefits heterosexual couples have long enjoyed.
This is the fourth Congress in which I have introduced this
legislation, and I am proud to be joined by 17 Senators, many of whom
also cosponsored this bill when it was introduced in the last Congress.
I want to thank Senators Akaka, Blumenthal, Boxer, Cardin, Casey,
Coons, Durbin, Franken, Gillibrand, Harkin, Kerry, Lautenberg, Merkley,
Murray, Schumer, Whitehouse, and Wyden for joining me as original
cosponsors today.
A core tenet of our immigration policy is preserving family unity.
Yet gay and lesbian Americans are still forced to choose between their
country and being with those they love. This destructive policy tears
families apart and forces hardworking Americans to make the heart-
wrenching choice to leave the country they love and start over in one
of the countries that now recognize immigration benefits for same-sex
couples. I hear from Vermont couples who face this difficult decision
every year. No American should face such a choice.
Over the past decade, Americans have begun to reject the notion that
U.S. citizens who are gay or lesbian should not have loving
relationships. As a result of this cultural shift, 5 States, including
Vermont, now allow same-sex couples to get married. At the end of the
111th Congress, bipartisan votes in both the Senate and the House
reversed the Military's ``Don't Ask, Don't Tell'' policy, a 17 year old
policy that barred gay and lesbian service men and women from openly
serving in the military. I hope that my colleagues who supported this
important civil rights reform will join me in calling for fairness and
equality in our immigration laws.
Some opponents of the Uniting American Families Act have argued that
it would increase the potential for visa fraud. I share the belief that
all immigration applications should be screened for fraud, but I am
confident that U.S. Citizenship and Immigration Services will have no
more difficulty identifying fraud in same-sex relationships than they
do in heterosexual marriages. The penalties for fraud under this bill
would be the same as the penalties for marriage fraud. These are very
strict penalties: a sentence of up to 5 years in prison, $250,000 in
fines for the U.S. citizen partner, and deportation for the foreign
partner. In addition, in order to qualify as a bi-national couple under
UAFA, petitioners must prove that they are at least 18 years of age and
in a committed, lifelong, financially interdependent relationship with
another adult. The American ideals that respect human relationships and
family bonds should not be impeded by fears of fraud, which the
immigration agency is very capable of controlling.
Since I last introduced the Uniting American Families Act in 2009,
more than six additional countries have begun to offer immigration
benefits to same-sex couples, bringing the total to at least 25
nations. Some of these nations are our closest allies, including our
good friends to the North. America should join Argentina, Australia,
Belgium, Brazil, Canada, the Czech Republic, Denmark, Finland, France,
Germany, Greenland, Hungary, Iceland, Israel, Luxembourg, The
Netherlands, New Zealand, Norway, Portugal, Romania, South Africa,
Spain, Sweden, Switzerland, and the United Kingdom.
Unfortunately, among developed countries with a culture of respect
for human rights and fairness, the United States is falling behind by
denying Americans an equitable immigration policy. I hope all Senators
will agree that the United States should not have a policy that forces
Americans to choose between their jobs and country, and their loved
ones. I urge all Senators to support this legislation.

[[Page S2512]]

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. 821

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

SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND
NATIONALITY ACT; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Uniting
American Families Act of 2011''.
(b) Amendments to Immigration and Nationality Act.--Except
as otherwise specifically provided in this Act, if an
amendment or repeal is expressed as the amendment or repeal
of a section or other provision, the reference shall be
considered to be made to that section or provision in the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(c) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; amendments to Immigration and Nationality Act;
table of contents.
Sec. 2. Definitions of permanent partner and permanent partnership.
Sec. 3. Worldwide level of immigration.
Sec. 4. Numerical limitations on individual foreign states.
Sec. 5. Allocation of immigrant visas.
Sec. 6. Procedure for granting immigrant status.
Sec. 7. Annual admission of refugees and admission of emergency
situation refugees.
Sec. 8. Asylum.
Sec. 9. Adjustment of status of refugees.
Sec. 10. Inadmissible aliens.
Sec. 11. Nonimmigrant status for permanent partners awaiting the
availability of an immigrant visa.
Sec. 12. Conditional permanent resident status for certain alien
spouses, permanent partners, and sons and daughters.
Sec. 13. Conditional permanent resident status for certain alien
entrepreneurs, spouses, permanent partners, and children.
Sec. 14. Deportable aliens.
Sec. 15. Removal proceedings.
Sec. 16. Cancellation of removal; adjustment of status.
Sec. 17. Adjustment of status of nonimmigrant to that of person
admitted for permanent residence.
Sec. 18. Application of criminal penalties to for misrepresentation and
concealment of facts regarding permanent partnerships.
Sec. 19. Requirements as to residence, good moral character, attachment
to the principles of the Constitution.
Sec. 20. Naturalization for permanent partners of citizens.
Sec. 21. Application of family unity provisions to permanent partners
of certain LIFE Act beneficiaries.
Sec. 22. Application to Cuban Adjustment Act.

SEC. 2. DEFINITIONS OF PERMANENT PARTNER AND PERMANENT
PARTNERSHIP.

Section 101(a) (8 U.S.C. 1101(a)) is amended--
(1) in paragraph (15)(K)(ii), by inserting ``or permanent
partnership'' after ``marriage''; and
(2) by adding at the end the following:
``(52) The term `permanent partner' means an individual 18
years of age or older who--
``(A) is in a committed, intimate relationship with another
individual 18 years of age or older in which both individuals
intend a lifelong commitment;
``(B) is financially interdependent with that other
individual;
``(C) is not married to, or in a permanent partnership
with, any individual other than that other individual;
``(D) is unable to contract with that other individual a
marriage cognizable under this Act; and
``(E) is not a first, second, or third degree blood
relation of that other individual.
``(53) The term `permanent partnership' means the
relationship that exists between 2 permanent partners.''.

SEC. 3. WORLDWIDE LEVEL OF IMMIGRATION.

Section 201(b)(2)(A)(i) (8 U.S.C. 1151(b)(2)(A)(i)) is
amended--
(1) by ``spouse'' each place it appears and inserting
``spouse or permanent partner'';
(2) by striking ``spouses'' and inserting ``spouse,
permanent partner,'';
(3) by inserting ``(or, in the case of a permanent
partnership, whose permanent partnership was not
terminated)'' after ``was not legally separated from the
citizen''; and
(4) by striking ``remarries.'' and inserting ``remarries or
enters a permanent partnership with another person.''.

SEC. 4. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES.

(a) Per Country Levels.--Section 202(a)(4) (8 U.S.C.
1152(a)(4)) is amended--
(1) in the paragraph heading, by inserting ``, permanent
partners,'' after ``spouses'';
(2) in the heading of subparagraph (A), by inserting ``,
permanent partners,'' after ``Spouses''; and
(3) in the heading of subparagraph (C), by striking ``and
daughters'' inserting ``without permanent partners and
unmarried daughters without permanent partners''.
(b) Rules for Chargeability.--Section 202(b)(2) (8 U.S.C.
1152(b)(2)) is amended--
(1) by striking ``his spouse'' and inserting ``his or her
spouse or permanent partner'';
(2) by striking ``such spouse'' each place it appears and
inserting ``such spouse or permanent partner''; and
(3) by inserting ``or permanent partners'' after ``husband
and wife''.

SEC. 5. ALLOCATION OF IMMIGRANT VISAS.

(a) Preference Allocation for Family Members of Permanent
Resident Aliens.--Section 203(a)(2) (8 U.S.C. 1153(a)(2)) is
amended--
(1) by striking the paragraph heading and inserting the
following:
``(2) Spouses, permanent partners, unmarried sons without
permanent partners, and unmarried daughters without permanent
partners of permanent resident aliens.--'';
(2) in subparagraph (A), by inserting ``, permanent
partners,'' after ``spouses''; and
(3) in subparagraph (B), by striking ``or unmarried
daughters'' and inserting ``without permanent partners or the
unmarried daughters without permanent partners''.
(b) Preference Allocation for Sons and Daughters of
Citizens.--Section 203(a)(3) (8 U.S.C. 1153(a)(3)) is
amended--
(1) by striking the paragraph heading and inserting the
following:
``(2) Married sons and daughters of citizens and sons and
daughters with permanent partners of citizens.--''; and
(2) by inserting ``, or sons or daughters with permanent
partners,'' after ``daughters''.
(c) Employment Creation.--Section 203(b)(5)(A)(ii) (8
U.S.C. 1153(b)(5)(A)(ii)) is amended by inserting ``permanent
partner,'' after ``spouse,''.
(d) Treatment of Family Members.--Section 203(d) (8 U.S.C.
1153(d)) is amended--
(1) by inserting ``or permanent partner'' after ``section
101(b)(1)''; and
(2) by inserting ``, permanent partner,'' after ``the
spouse''.

SEC. 6. PROCEDURE FOR GRANTING IMMIGRANT STATUS.

(a) Classification Petitions.--Section 204(a)(1) (8 U.S.C.
1154(a)(1)) is amended--
(1) in subparagraph (A)--
(A) in clause (ii), by inserting ``or permanent partner''
after ``spouse'';
(B) in clause (iii)--
(i) by inserting ``or permanent partner'' after ``spouse''
each place it appears; and
(ii) in subclause (I), by inserting ``or permanent
partnership'' after ``marriage'' each place it appears;
(C) in clause (v)(I), by inserting ``permanent partner,''
after ``is the spouse,''; and
(D) in clause (vi)--
(i) by inserting ``or termination of the permanent
partnership'' after ``divorce''; and
(ii) by inserting ``, permanent partner,'' after
``spouse''; and
(2) in subparagraph (B)--
(A) by inserting ``or permanent partner'' after ``spouse''
each place it appears; and
(B) in clause (ii)--
(i) in subclause (I)(aa), by inserting ``or permanent
partnership'' after ``marriage'';
(ii) in subclause (I)(bb), by inserting ``or permanent
partnership'' after ``marriage'' the first place it appears;
and
(iii) in subclause (II)(aa), by inserting ``(or the
termination of the permanent partnership)'' after
``termination of the marriage''.
(b) Immigration Fraud Prevention.--Section 204(c) (8 U.S.C.
1154(c)) is amended--
(1) by inserting ``or permanent partner'' after ``spouse''
each place it appears; and
(2) by inserting ``or permanent partnership'' after
``marriage'' each place it appears.

SEC. 7. ANNUAL ADMISSION OF REFUGEES AND ADMISSION OF
EMERGENCY SITUATION REFUGEES.

Section 207(c) (8 U.S.C. 1157(c)) is amended--
(1) in paragraph (2)--
(A) by inserting ``, permanent partner,'' after ``spouse''
each place it appears; and
(B) by inserting ``, permanent partner's,'' after
``spouse's''; and
(2) in paragraph (4), by inserting ``, permanent partner,''
after ``spouse''.

SEC. 8. ASYLUM.

Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended--
(1) in the paragraph heading, by inserting ``, permanent
partner,'' after ``spouse''; and
(2) in subparagraph (A), by inserting ``, permanent
partner,'' after ``spouse''.

SEC. 9. ADJUSTMENT OF STATUS OF REFUGEES.

Section 209(b)(3) (8 U.S.C. 1159(b)(3)) is amended by
inserting ``, permanent partner,'' after ``spouse''.

SEC. 10. INADMISSIBLE ALIENS.

(a) Classes of Aliens Ineligible for Visas or Admission.--
Section 212(a) (8 U.S.C. 1182(a)) is amended--
(1) in paragraph (3)(D)(iv), by inserting ``permanent
partner,'' after ``spouse,'';
(2) in paragraph (4)(C)(i)(I), by inserting ``, permanent
partner,'' after ``spouse'';
(3) in paragraph (6)(E)(ii), by inserting ``permanent
partner,'' after ``spouse,''; and
(4) in paragraph (9)(B)(v), by inserting ``, permanent
partner,'' after ``spouse''.
(b) Waivers.--Section 212(d) (8 U.S.C. 1182(d)) is
amended--
(1) in paragraph (11), by inserting ``permanent partner,''
after ``spouse,''; and
(2) in paragraph (12), by inserting ``, permanent
partner,'' after ``spouse''.
(c) Waivers of Inadmissibility on Health-related Grounds.--
Section 212(g)(1)(A) (8 U.S.C. 1182(g)(1)(A)) is amended by
inserting ``, permanent partner,'' after ``spouse''.

[[Page S2513]]

(d) Waivers of Inadmissibility on Criminal and Related
Grounds.--Section 212(h)(1)(B) (8 U.S.C. 1182(h)(1)(B)) is
amended by inserting ``permanent partner,'' after
``spouse,''.
(e) Waiver of Inadmissibility for Misrepresentation.--
Section 212(i)(1) (8 U.S.C. 1182(i)(1)) is amended by
inserting ``permanent partner,'' after ``spouse,''.

SEC. 11. NONIMMIGRANT STATUS FOR PERMANENT PARTNERS AWAITING
THE AVAILABILITY OF AN IMMIGRANT VISA.

Section 214(r) (8 U.S.C. 1184(r)) is amended--
(1) in paragraph (1), by inserting ``or permanent partner''
after ``spouse''; and
(2) in paragraph (2), by inserting ``or permanent
partnership'' after ``marriage'' each place it appears.

SEC. 12. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN
ALIEN SPOUSES, PERMANENT PARTNERS, AND SONS AND
DAUGHTERS.

(a) Section Heading.--
(1) In general.--The heading for section 216 (8 U.S.C.
1186a) is amended by striking ``and sons'' and inserting ``,
permanent partners, sons,''.
(2) Clerical amendment.--The table of contents is amended
by amending the item relating to section 216 to read as
follows:

``Sec. 216. Conditional permanent resident status for certain alien
spouses, permanent partners, sons, and daughters.''.

(b) In General.--Section 216(a) (8 U.S.C. 1186a(a)) is
amended--
(1) in paragraph (1), by inserting ``or permanent partner''
after ``spouse''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``or permanent
partner'' after ``spouse'';
(B) in subparagraph (B), by inserting ``permanent
partner,'' after ``spouse,''; and
(C) in subparagraph (C), by inserting ``permanent
partner,'' after ``spouse,''.
(c) Termination of Status if Finding That Qualifying
Marriage Improper.--Section 216(b) (8 U.S.C. 1186a(b)) is
amended--
(1) in the subsection heading, by inserting ``or Permanent
Partnership'' after ``Marriage''; and
(2) in paragraph (1)(A)--
(A) by inserting ``or permanent partnership'' after
``marriage''; and
(B) in clause (ii)--
(i) by inserting ``or has ceased to satisfy the criteria
for being considered a permanent partnership under this
Act,'' after ``terminated,''; and
(ii) by inserting ``or permanent partner'' after
``spouse''.
(d) Requirements of Timely Petition and Interview for
Removal of Condition.--Section 216(c) (8 U.S.C. 1186a(c)) is
amended--
(1) in paragraphs (1), (2)(A)(ii), (3)(A)(ii), (3)(C),
(4)(B), and (4)(C), by inserting ``or permanent partner''
after ``spouse'' each place it appears; and
(2) in paragraph (3)(A), (3)(D), (4)(B), and (4)(C), by
inserting ``or permanent partnership'' after ``marriage''
each place it appears.
(e) Contents of Petition.--Section 216(d)(1) (8 U.S.C.
1186a(d)(1)) is amended--
(1) in subparagraph (A)--
(A) in the heading, by inserting ``or permanent
partnership'' after ``marriage'';
(B) in clause (i)--
(i) by inserting ``or permanent partnership'' after
``marriage'';
(ii) in subclause (I), by inserting before the comma at the
end ``, or is a permanent partnership recognized under this
Act''; and
(iii) in subclause (II)--

(I) by inserting ``or has not ceased to satisfy the
criteria for being considered a permanent partnership under
this Act,'' after ``terminated,''; and
(II) by inserting ``or permanent partner'' after
``spouse''; and

(C) in clause (ii), by inserting ``or permanent partner''
after ``spouse''; and
(2) in subparagraph (B)(i)--
(A) by inserting ``or permanent partnership'' after
``marriage''; and
(B) by inserting ``or permanent partner'' after ``spouse''.
(f) Definitions.--Section 216(g) (8 U.S.C. 1186a(g)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``or permanent partner'' after ``spouse''
each place it appears; and
(B) by inserting ``or permanent partnership'' after
``marriage'' each place it appears;
(2) in paragraph (2), by inserting ``or permanent
partnership'' after ``marriage'';
(3) in paragraph (3), by inserting ``or permanent
partnership'' after ``marriage''; and
(4) in paragraph (4)--
(A) by inserting ``or permanent partner'' after ``spouse''
each place it appears; and
(B) by inserting ``or permanent partnership'' after
``marriage''.

SEC. 13. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN
ALIEN ENTREPRENEURS, SPOUSES, PERMANENT
PARTNERS, AND CHILDREN.

(a) In General.--Section 216A (8 U.S.C. 1186b) is amended--
(1) in the section heading, by inserting ``, permanent
partners,'' after ``spouses''; and
(2) in paragraphs (1), (2)(A), (2)(B), and (2)(C), by
inserting ``or permanent partner'' after ``spouse'' each
place it appears.
(b) Termination of Status if Finding That Qualifying
Entrepreneurship Improper.--Section 216A(b)(1) (8 U.S.C.
1186b(b)(1)) is amended by inserting ``or permanent partner''
after ``spouse'' in the matter following subparagraph (C).
(c) Requirements of Timely Petition and Interview for
Removal of Condition.--Section 216A(c) (8 U.S.C. 1186b(c)) is
amended, in paragraphs (1), (2)(A)(ii), and (3)(C), by
inserting ``or permanent partner'' after ``spouse''.
(d) Definitions.--Section 216A(f)(2) (8 U.S.C. 1186b(f)(2))
is amended by inserting ``or permanent partner'' after
``spouse'' each place it appears.
(e) Clerical Amendment.--The table of contents is amended
by amending the item relating to section 216A to read as
follows:

``Sec. 216A. Conditional permanent resident status for certain alien
entrepreneurs, spouses, permanent partners, and
children.''.

SEC. 14. DEPORTABLE ALIENS.

Section 237(a)(1) (8 U.S.C. 1227(a)(1)) is amended--
(1) in subparagraph (D)(i), by inserting ``or permanent
partners'' after ``spouses'' each place it appears;
(2) in subparagraphs (E)(ii), (E)(iii), and (H)(i)(I), by
inserting ``or permanent partner'' after ``spouse'';
(3) by inserting after subparagraph (E) the following:
``(F) Permanent partnership fraud.--An alien shall be
considered to be deportable as having procured a visa or
other documentation by fraud (within the meaning of section
212(a)(6)(C)(i)) and to be in the United States in violation
of this Act (within the meaning of subparagraph (B)) if--
``(i) the alien obtains any admission to the United States
with an immigrant visa or other documentation procured on the
basis of a permanent partnership entered into less than 2
years before such admission and which, within 2 years
subsequent to such admission, is terminated because the
criteria for permanent partnership are no longer fulfilled,
unless the alien establishes to the satisfaction of the
Secretary of Homeland Security that such permanent
partnership was not contracted for the purpose of evading any
provision of the immigration laws; or
``(ii) it appears to the satisfaction of the Secretary of
Homeland Security that the alien has failed or refused to
fulfill the alien's permanent partnership, which the
Secretary of Homeland Security determines was made for the
purpose of procuring the alien's admission as an
immigrant.''; and
(4) in paragraphs (2)(E)(i) and (3)(C)(ii), by inserting
``or permanent partner'' after ``spouse'' each place it
appears.

SEC. 15. REMOVAL PROCEEDINGS.

Section 240 (8 U.S.C. 1229a) is amended--
(1) in the heading of subsection (c)(7)(C)(iv), by
inserting ``permanent partners,'' after ``spouses,''; and
(2) in subsection (e)(1), by inserting ``permanent
partner,'' after ``spouse,''.

SEC. 16. CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS.

Section 240A(b) (8 U.S.C. 1229b(b)) is amended--
(1) in paragraph (1)(D), by inserting ``or permanent
partner'' after ``spouse''; and
(2) in paragraph (2)--
(A) in the paragraph heading, by inserting ``, permanent
partner,'' after ``spouse''; and
(B) in subparagraph (A), by inserting ``, permanent
partner,'' after ``spouse'' each place it appears.

SEC. 17. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF
PERSON ADMITTED FOR PERMANENT RESIDENCE.

(a) Prohibition on Adjustment of Status.--Section 245(d) (8
U.S.C. 1255(d)) is amended by inserting ``or permanent
partnership'' after ``marriage''.
(b) Avoiding Immigration Fraud.--Section 245(e) (8 U.S.C.
1255(e)) is amended--
(1) in paragraph (1), by inserting ``or permanent
partnership'' after ``marriage''; and
(2) by adding at the end the following:
``(4)(A) Paragraph (1) and section 204(g) shall not apply
with respect to a permanent partnership if the alien
establishes by clear and convincing evidence to the
satisfaction of the Secretary of Homeland Security that--
``(i) the permanent partnership was entered into in good
faith and in accordance with section 101(a)(52);
``(ii) the permanent partnership was not entered into for
the purpose of procuring the alien's admission as an
immigrant; and
``(iii) no fee or other consideration was given (other than
a fee or other consideration to an attorney for assistance in
preparation of a lawful petition) for the filing of a
petition under section 204(a) or 214(d) with respect to the
alien permanent partner.
``(B) The Secretary shall promulgate regulations that
provide for only 1 level of administrative appellate review
for each alien under subparagraph (A).''.
(c) Adjustment of Status for Certain Aliens Paying Fee.--
Section 245(i)(1)(B) (8 U.S.C. 1255(i)(1)(B)) is amended by
inserting ``, permanent partner,'' after ``spouse''.

SEC. 18. APPLICATION OF CRIMINAL PENALTIES TO FOR
MISREPRESENTATION AND CONCEALMENT OF FACTS
REGARDING PERMANENT PARTNERSHIPS.

Section 275(c) (8 U.S.C. 1325(c)) is amended to read as
follows:
``(c) Any individual who knowingly enters into a marriage
or permanent partnership for the purpose of evading any
provision of the immigration laws shall be imprisoned for not
more than 5 years, fined not more than $250,000, or both.''.

[[Page S2514]]

SEC. 19. REQUIREMENTS AS TO RESIDENCE, GOOD MORAL CHARACTER,
ATTACHMENT TO THE PRINCIPLES OF THE
CONSTITUTION.

Section 316(b) (8 U.S.C. 1427(b)) is amended by inserting
``, permanent partner,'' after ``spouse''.

SEC. 20. NATURALIZATION FOR PERMANENT PARTNERS OF CITIZENS.

(a) In General.--Section 319 (8 U.S.C. 1430) is amended--
(1) in subsection (a)--
(A) by inserting ``or permanent partner'' after ``spouse''
each place it appears; and
(B) by inserting ``or permanent partnership'' after
``marital union'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``or permanent partner''
after ``spouse'';
(B) in paragraph (3), by inserting ``or permanent partner''
after ``spouse'';
(3) in subsection (d)--
(A) by inserting ``or permanent partner'' after ``spouse''
each place it appears; and
(B) by inserting ``or permanent partnership'' after
``marital union'';
(4) in subsection (e)(1)--
(A) by inserting ``or permanent partner'' after ``spouse'';
and
(B) by inserting ``by the Secretary of Defense'' after ``is
authorized''; and
(C) by inserting ``or permanent partnership'' after
``marital union''; and
(5) in subsection (e)(2), by inserting ``or permanent
partner'' after ``spouse''.
(b) Savings Provision.--Section 319(e) (8 U.S.C. 1430(e))
is amended by adding at the end the following:
``(3) Nothing in this subsection may be construed to confer
a right for an alien to accompany a member of the Armed
Forces of the United States or to reside abroad with such
member, except as authorized by the Secretary of Defense in
the member's official orders.''.

SEC. 21. APPLICATION OF FAMILY UNITY PROVISIONS TO PERMANENT
PARTNERS OF CERTAIN LIFE ACT BENEFICIARIES.

Section 1504 of the LIFE Act Amendments of 2000 (division B
of Public Law 106-554; 114 Stat. 2763-325) is amended--
(1) in the heading, by inserting ``, PERMANENT PARTNERS,''
after ``SPOUSES'';
(2) in subsection (a), by inserting ``, permanent
partner,'' after ``spouse''; and
(3) in each of subsections (b) and (c)--
(A) in each of the subsection headings, by inserting ``,
Permanent Partners,'' after ``Spouses''; and
(B) by inserting ``, permanent partner,'' after ``spouse''
each place it appears.

SEC. 22. APPLICATION TO CUBAN ADJUSTMENT ACT.

(a) In General.--The first section of Public Law 89-732 (8
U.S.C. 1255 note) is amended--
(1) in the next to last sentence, by inserting ``,
permanent partner,'' after ``spouse'' the first 2 places it
appears; and
(2) in the last sentence, by inserting ``, permanent
partners,'' after ``spouses''.
(b) Conforming Amendment.--Section 101(a)(51)(D) (8 U.S.C.
1101(a)(51)(D)) is amended by striking ``or spouse'' and
inserting ``, spouse, or permanent partner''.
______

By Mr. COONS:
S. 825. A bill to amend the Internal Revenue Code of 1986 to
permanently extend and modify the research tax credit, and for other
purposes; to the Committee on Finance.
Mr. COONS. Mr. President, I rise today to introduce my first bill in
the Senate, one I believe will promote competitiveness and spur the
growth of sustainable middle class jobs. As I noted in my maiden speech
in January, the people of Delaware sent me here with a mission to work
with my colleagues to help create jobs and get our economy moving
again.
My bill, the Job Creation Through Innovation Act, will do just that.
By making strategic investments in research and development and
incentives for economic growth, this legislation will help companies in
Delaware and across the United States innovate, create jobs, and
compete globally.
First, it will simplify, expand, and make permanent the Research and
Development Tax Credit. When this credit was enacted into law in 1981,
the United States was the best place in the world to perform research
and development. Thirty years and fourteen temporary extensions later,
we still do not have a permanent R&D credit on the books. Passing
temporary extensions, one after another, undermines the very purpose of
this credit. Whenever there is uncertainty about the credit's future
availability, businesses discount its value, and we reap only the
counterproductive effect of reducing the credit's benefit to our
economy. Research and development projects are never stop-and-go, and
the R&D tax credit shouldn't be either.
Second, many new small businesses today are ineligible for the R&D
credit, because they are not yet profitable. My bill will create a new
Small Business Innovation Credit, which will provide much-needed
support to these start-ups. Currently, the R&D credit is non-
refundable, so only those companies with income tax liability benefit
from it. This poses a special problem for research-intensive start-up
businesses--just the sort of businesses that have the potential to
develop revolutionary technologies and products. Such firms often spend
their first several years operating at a loss while spending a great
deal of money on research and development. The Small Business
Innovation Credit will address this by allowing companies with 500
employees or fewer to claim a refundable R&D credit.
Another provision of my bill is a new Domestic Manufacturing Tax
Credit, which will provide additional tax incentives to companies that
both conduct research and manufacture their products right here in
America. This will reward companies that invest in America and give
multinational firms another reason to keep manufacturing jobs from
being shipped overseas.
The Job Creation Through Innovation Act would additionally extend the
Section 1603 Treasury Grants Program--or ``TGP''--and the Advanced
Energy Manufacturing Credit. Both of these were authorized in the
Recovery Act and are designed to promote clean energy technology and
investment. Both have also had a significant and beneficial impact on
energy project developers and manufacturers in my home state of
Delaware and other states in the past 2 years.
The TGP provides payments for specified energy property in lieu of
investment tax credits and production tax credits. Economic certainty
is critical to wind, solar, biofuel, geothermal, and other clean energy
projects, and, according to a survey of leading participants in the tax
equity market, without an extension of the TGP the anticipated total
financing available for renewable resource projects would decrease
significantly, should it be left to expire at the end of 2011. My bill
extends the TGP for another year.
The Advanced Energy Manufacturing Credit, also called the 48C
Incentive, provides a thirty percent investment tax credit to domestic
manufacturers who build or expand facilities that produce a range of
clean energy products and technologies. These credits can also be used
to leverage private investment, and it is estimated that this tax
credit has to date helped businesses raise more than $5.4 billion from
just a $2.3 billion Federal investment. It is also estimated to have
created 58,000 jobs. My bill will provide an additional $5 billion in
incentives, of which up to $1.5 billion would be made available to
companies whose applications are already pending under the original
solicitation.
In my maiden speech in January, I spoke at length about the new
agenda for manufacturing I intend to promote during my service in the
Senate, and this bill is just the first step. I am proud that Delaware
is already on the cutting-edge of the high-tech and clean energy
manufacturing revolution I believe will be the key to winning the
future.
While we are all rightly focused now on the deficit and cutting our
budget, we must also think ahead and make those long-term investments
that will boost our economy, incentivize clean energy resources and
manufacturing, and grow the jobs we need to sustain a strong middle
class in this country for years to come. I hope my colleagues will join
me in this effort, and I commend those who already have.
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. 825

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

SECTION 1. SHORT TITLE.

(a) Short Title.--This Act may be cited as the ``Job
Creation Through Innovation Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.

SEC. 2. USE OF ONLY SIMPLIFIED RESEARCH CREDIT AFTER 2011;
EXPANSION AND PERMANENT EXTENSION.

(a) Simplified Credit for Qualified Research Expenses.--
Subsection (a) of section 41 is amended to read as follows:

[[Page S2515]]

``(a) General Rule.--
``(1) Credit determined.--For purposes of section 38, the
research credit determined under this section for the taxable
year shall be an amount equal to 20 percent of so much of the
qualified research expenses for the taxable year as exceeds
50 percent of the average qualified research expenses for the
3 taxable years preceding the taxable year for which the
credit is being determined.
``(2) Special rule in case of no qualified research
expenses in any of 3 preceding taxable years.--
``(A) Taxpayers to which paragraph applies.--The credit
under this section shall be determined under this paragraph
if the taxpayer has no qualified research expenses in any one
of the 3 taxable years preceding the taxable year for which
the credit is being determined.
``(B) Credit rate.--The credit determined under this
paragraph shall be equal to 10 percent of the qualified
research expenses for the taxable year.''.
(b) Conforming Amendments.--
(1) Termination of base amount calculation.--Section 41 is
amended by striking subsection (c) and redesignating
subsection (d) as subsection (c).
(2) Termination of basic research payment calculation.--
Section 41 is amended by striking subsection (e) and
redesignating subsections (f) and (g) as subsections (d) and
(e), respectively.
(3) Special rules.--
(A) Paragraph (1)(A)(ii) of subsection (d) of section 41,
as so redesignated, is amended by striking ``shares of the
qualified research expenses, basic research payments, and
amounts paid or incurred to energy research consortiums,''
and inserting ``share of the qualified research expenses''.
(B) Paragraph (1)(B)(ii) of section 41(d), as so
redesignated, is amended by striking ``shares of the
qualified research expenses, basic research payments, and
amounts paid or incurred to energy research consortiums,''
and inserting ``share of the qualified research expenses''.
(C) Paragraph (3) of section 41(d), as so redesignated, is
amended--
(i) by striking ``, and the gross receipts of the
taxpayer'' and all that follows in subparagraph (A) and
inserting a period,
(ii) by striking ``, and the gross receipts of the
taxpayer'' and all that follows in subparagraph (B) and
inserting a period, and
(iii) by striking subparagraph (C).
(D) Paragraph (4) of section 41(d), as so redesignated, is
amended by striking ``and gross receipts''.
(E) Subsection (d) of section 41, as so redesignated, is
amended by striking paragraph (6).
(4) Permanent extension.--
(A) Section 41 is amended by striking subsection (h).
(B) Section 45C(b)(1) is amended by striking subparagraph
(D).
(5) Cross-references.--
(A) Paragraphs (2)(A) and (4) of section 41(b) are each
amended by striking ``subsection (f)(1)'' and inserting
``subsection (d)(1)''.
(B) Paragraph (2) of section 45C(c) is amended by striking
``base period research expenses'' and inserting ``average
qualified research expenses''.
(C) Paragraph (3) of section 45C(d) is amended by striking
``section 41(f)'' and inserting ``section 41(d)''.
(D) Paragraph (2) of section 45G(e) is amended by striking
``section 41(f)'' and inserting ``section 41(d)''.
(E) Subsection (g) of section 45O is amended by striking
``section 41(f)'' and inserting ``section 41(d)''.
(F) Subparagraph (A) of section 54(l)(3) is amended by
striking ``section 41(g)'' and inserting ``section 41(e)''.
(G) Clause (i) of section 170(e)(4)(B) is amended to read
as follows:
``(i) the contribution is to a qualified organization,''.
(H) Paragraph (4) of section 170(e) is amended by adding at
the end the following new subparagraph:
``(E) Qualified organization.--For purposes of this
paragraph, the term `qualified organization' means--
``(i) any educational organization which--

``(I) is an institution of higher education (within the
meaning of section 3304(f)), and
``(II) is described in subsection (b)(1)(A)(ii), or

``(ii) any organization not described in clause (i) which--

``(I) is described in section 501(c)(3) and is exempt from
tax under section 501(a),
``(II) is organized and operated primarily to conduct
scientific research, and
``(III) is not a private foundation.''.

(I) Subsection (f) of section 197 is amended by striking
``section 41(f)(1)'' each place it appears in paragraphs
(1)(C) and (9)(C)(i) and inserting ``section 41(d)(1)''.
(J) Section 280C is amended--
(i) by striking ``41(f)'' each place it appears in
subsection (b)(3) and inserting ``41(d)'',
(ii) by striking ``or basic research expenses (as defined
in section 41(e)(2))'' in subsection (c)(1),
(iii) by striking ``section 41(a)(1)'' in subsection
(c)(2)(A) and inserting ``section 41(a)'', and
(iv) by striking ``or basic research expenses'' in
subsection (c)(2)(B).
(K) Subclause (IV)(c) of section 936(h)(5)(C)(i) is amended
by striking ``section 41(f)'' and inserting ``section
41(d)''.
(L) Subparagraph (D) of section 936(j)(5) is amended by
striking ``section 41(f)(3)'' and inserting ``section
41(d)(3)''.
(M) Clause (i) of section 965(c)(2)(C) is amended by
striking ``section 41(f)(3)'' and inserting ``section
41(d)(3)''.
(N) Clause (i) of section 1400N(l)(7)(B) is amended by
striking ``section 41(g)'' and inserting ``section 41(e)''.
(c) Technical Corrections.--Section 409 is amended--
(1) by inserting ``, as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)''
in subsection (b)(1)(A),
(2) by inserting ``, as in effect before the enactment of
the Tax Reform Act of 1984'' after ``relating to the employee
stock ownership credit'' in subsection (b)(4),
(3) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)''
in subsection (i)(1)(A),
(4) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)''
in subsection (m),
(5) by inserting ``(as so in effect)'' after ``section
48(n)(1)'' in subsection (m),
(6) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 48(n)'' in
subsection (q)(1), and
(7) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41'' in
subsection (q)(3).
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2011.
(2) Technical corrections.--The amendments made by
subsection (c) shall take effect on the date of the enactment
of this Act.

SEC. 3. ENHANCED RESEARCH CREDIT FOR DOMESTIC MANUFACTURERS.

(a) In General.--Section 41, as amended by section 3, is
amended by redesignating subsection (f) as subsection (g) and
by inserting after subsection (e) the following new
subsection:
``(f) Enhanced Credit for Domestic Manufacturers.--
``(1) In general.--In the case of a qualified domestic
manufacturer, this section shall be applied by increasing the
20 percent amount in subsection (a)(1) by the bonus amount.
``(2) Qualified domestic manufacturer.--For purposes of
this subsection--
``(A) In general.--The term `qualified domestic
manufacturer' means a taxpayer who has domestic production
gross receipts which are more than 50 percent of total
production gross receipts.
``(B) Domestic production gross receipts.--The term
`domestic production gross receipts' has the meaning given to
such term under section 199(c)(4).
``(C) Total production gross receipts.--The term `total
production gross receipts' means the gross receipts of the
taxpayer which are described in section 199(c)(4),
determined--
``(i) without regard to whether property described in
subparagraph (A)(i)(I) or (A)(i)(III) thereof was
manufactured, produced, grown, or extracted in the United
States,
``(ii) by substituting `any property described in section
168(f)(3)' for `any qualified film' in subparagraph
(A)(i)(II) thereof, and
``(iii) without regard to whether any construction
described in subparagraph (A)(ii) thereof or services
described in subparagraph (A)(iii) thereof were performed in
the United States.
``(3) Bonus amount.--For purposes of paragraph (1), the
bonus amount shall be determined as follows:

``If the percentage of total production
gross receipts which are domestic The bonus amount is:
production gross receipts is:

More than 50 percent and not more than 60 2 percentage points
percent.
More than 60 percent and not more than 70 4 percentage points
percent.
More than 70 percent and not more than 80 6 percentage points
percent.
More than 80 percent and not more than 90 8 percentage points
percent.
More than 90 percent...................... 10 percentage points.''.

(b) Effective Date.--The amendment made by this section
shall apply to expenditures paid or incurred in taxable years
beginning after December 31, 2011.

SEC. 4. RESEARCH CREDIT MADE REFUNDABLE FOR SMALL BUSINESSES.

(a) In General.--Subsection (a) of section 41 of the
Internal Revenue Code of 1986, as amended by section 3, is
amended by adding at the end the following new paragraph:
``(3) Portion of credit refundable.--
``(A) In general.--For purposes of subsections (b) and (c)
of section 6401, the amount of the credit determined under
this section which is attributable to a qualified small
business shall be treated as a credit allowed under subpart C
of part IV of subchapter A for the taxable year (and not
under any other subpart). For purposes of section 6425, any
amount treated as so allowed shall be treated as a payment of
estimated income tax for the taxable year.
``(B) Qualified small business.--For purposes of this
paragraph, the term `qualified small business' means, with
respect to any taxable year, any person if the annual average
number of employees employed by such person during such
taxable year is 500 or fewer.''.
(b) Conforming Amendment.--Section 1324(b)(2) of title 31,
United States Code, is amended by inserting ``41(a)(3),''
after ``36A,''.

[[Page S2516]]

SEC. 5. EXTENSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY IN
LIEU OF TAX CREDITS.

(a) In General.--Subsection (a) of section 1603 of division
B of the American Recovery and Reinvestment Act of 2009 is
amended--
(1) in paragraph (1), by striking ``or 2011'' and inserting
``2011, or 2012'', and
(2) in paragraph (2)--
(A) by striking ``after 2011'' and inserting ``after
2012'', and
(B) by striking ``or 2011'' and inserting ``2011, or
2012''.
(b) Conforming Amendment.--Subsection (j) of section 1603
of division B of such Act is amended by striking ``2012'' and
inserting ``2013''.

SEC. 6. EXTENSION OF THE ADVANCED ENERGY PROJECT CREDIT.

(a) In General.--Subsection (d) of section 48C is amended
by adding at the end the following new paragraph:
``(6) Additional 2011 allocations.--
``(A) In general.--Not later than 180 days after the date
of the enactment of this paragraph, the Secretary, in
consultation with the Secretary of Energy, shall establish a
program to consider and award certifications for qualified
investments eligible for credits under this section to
qualifying advanced energy project sponsors with respect to
applications received on or after the date of the enactment
of this paragraph.
``(B) Limitation.--The total amount of credits that may be
allocated under the program described in subparagraph (A)
shall not exceed the 2011 allocation amount reduced by so
much of the 2011 allocation amount as is taken into account
as an increase in the limitation described in paragraph
(1)(B).
``(C) Application of certain rules.--Rules similar to the
rules of paragraphs (2), (3), (4), and (5) shall apply for
purposes of the program described in subparagraph (A), except
that--
``(i) Certification.--Applicants shall have 2 years from
the date that the Secretary establishes such program to
submit applications.
``(ii) Selection criteria.--For purposes of paragraph
(3)(B)(i), the term `domestic job creation (both direct and
indirect)' means the creation of direct jobs in the United
States producing the property manufactured at the
manufacturing facility described under subsection
(c)(1)(A)(i), and the creation of indirect jobs in the
manufacturing supply chain for such property in the United
States.
``(iii) Review and redistribution.--The Secretary shall
conduct a separate review and redistribution under paragraph
(5) with respect to such program not later than 4 years after
the date of the enactment of this paragraph.
``(D) 2011 allocation amount.--For purposes of this
subsection, the term `2011 allocation amount' means
$5,000,000,000.
``(E) Direct payments.--In lieu of any qualifying advanced
energy project credit which would otherwise be determined
under this section with respect to an allocation to a
taxpayer under this paragraph, the Secretary shall, upon the
election of the taxpayer, make a grant to the taxpayer in the
amount of such credit as so determined. Rules similar to the
rules of section 50 shall apply with respect to any grant
made under this subparagraph.''.
(b) Portion of 2011 Allocation Allocated Toward Pending
Applications Under Original Program.--Subparagraph (B) of
section 48C(d)(1) is amended by inserting ``(increased by so
much of the 2011 allocation amount (not in excess of
$1,500,000,000) as the Secretary determines necessary to make
allocations to qualified investments with respect to which
qualifying applications were submitted before the date of the
enactment of paragraph (6))'' after ``$2,300,000,000''.
(c) Conforming Amendment.--Paragraph (2) of section 1324(b)
of title 31, United States Code, is amended by inserting
``48C(d)(6)(E),'' after ``36C,''.
______

By Mrs. FEINSTEIN:
S. 826. A bill to require the Secretary of the Treasury to establish
a program to provide loans and loan guarantees to enable eligible
public entities to acquire interests in real property that are in
compliance with habitat conversation plans approved by the Secretary of
the Interior under the Endangered Species Act of 1973, and for other
purposes; to the Committee on Environment and Public Works.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce the
Infrastructure Facilitation and Habitat Conservation Act of 2011.
This legislation will make it easier for communities to build
infrastructure and grow by allowing to access federal loan guarantees
when they conserve land to mitigate the impacts to the environment and
endangered species.
This bill creates a ten year pilot program, to be administered
jointly by the Secretaries of the Interior and Treasury, making credit
more readily available to eligible public entities which are sponsors
of Habitat Conservation Plans, HCPs, under section 10 of the Endangered
Species Act of 1973.
Habitat Conservation Plans were authorized by an amendment to the
Endangered Species Act in 1982 as a means to permanently protect the
habitat of threatened and endangered species, while facilitating the
development of infrastructure, through issuance of a long-term
``incidental take permit''. More than 500 such plans have been approved
by the Secretary of the Interior, providing protection for nearly 50
million acres of habitat nationwide and allowing development and
infrastructure to proceed.
Equally important, HCPs are very effective in avoiding, minimizing
and mitigating the effects of development on endangered species and
their habitats. HCPs are an essential tool, as Congress intended, in
balancing the requirements of the Endangered Species Act with on-going
infrastructure construction and development activity.
In California, the Western Riverside County Multiple-Species HCP is a
prime example of effective habitat management. The Western Riverside
MSHCP covers an area of 1.26 million acres, of which 500,000 will be
permanently protected for the benefit of 146 species of plants and
animals. At the same time, it is building its infrastructure and
transportation needs for the next century.
To date, more than 40,000 acres of property have been conserved. In
the case of the Western Riverside MSHCP, as with other HCPs nationwide,
this strategy for advance mitigation of environmental impacts has
facilitated the development of much-needed transportation
infrastructure.
Riverside has been one of the Nation's fastest growing counties, with
a rate of growth during the last decade of 42 percent. Unless the
development of infrastructure can be made to keep pace with this
explosive population growth, neither environmental or livability goals
will be attained.
Owing to the economic downturn, however, the pace of habitat
acquisition in Western Riverside and other similarly-situated
communities has slowed to a crawl. Revenue which had been generated to
finance acquisition of habitat during periods of robust development has
also slowed to a trickle, at just the moment when real estate values
are at historic lows.
Ready access to capital during this period would enable Western
Riverside to complete its habitat acquisition program for half of what
it was estimated to cost in 2008, for a savings of $2 billion.
Under this bill, loan guarantee applicants would have to demonstrate
their credit-worthiness and the likely success of their habitat
acquisition programs. Priority would be given to HCPs in biologically
rich regions whose natural attributes are threatened by rapid
development. Other than the modest costs of administration, the bill
would entail no federal expenditure unless the local government
defaulted a very rare occurrence.
The Federal guarantees will assure access to commercial credit at
reduced rates of interest, enabling these communities to take advantage
of temporarily low prices for habitat. Prompt enactment of this
legislation will provide multiple benefits at very low cost to the
Federal taxpayer protection of more habitat more quickly, accelerated
development of infrastructure with minimum environmental impact, and
reduction in the total cost of HCP land acquisition.
I urge my colleagues to support this legislation. I believe it will
encourage development and growth and conservation of land and
protection of endangered species, at minimal Federal risk. It is
exactly the Federal local partnership that we need to use to maximize
efficient use of Federal dollars.
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. 826

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 ``Infrastructure Facilitation
and Habitat Conservation Act of 2011''.

SEC. 2. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM.

(a) Definitions.--In this section:

[[Page S2517]]

(1) Eligible public entity.--The term ``eligible public
entity'' means a political subdivision of a State,
including--
(A) a duly established town, township, or county;
(B) an entity established for the purpose of regional
governance;
(C) a special purpose entity; and
(D) a joint powers authority, or other entity certified by
the Governor of a State, to have authority to implement a
habitat conservation plan pursuant to section 10(a) of the
Endangered Species Act of 1973 (16 U.S.C. 1539(a)).
(2) Program.--The term ``program'' means the conservation
loan and loan guarantee program established by the Secretary
under subsection (b)(1).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(b) Loan and Loan Guarantee Program.--
(1) Establishment.--As soon as practicable after the date
of enactment of this Act, the Secretary shall establish a
program to provide loans and loan guarantees to eligible
public entities to enable eligible public entities to acquire
interests in real property that are acquired pursuant to
habitat conservation plans approved by the Secretary of the
Interior under section 10 of the Endangered Species Act of
1973 (16 U.S.C. 1539).
(2) Application; approval process.--
(A) Application.--
(i) In general.--To be eligible to receive a loan or loan
guarantee under the program, an eligible public entity shall
submit to the Secretary an application at such time, in such
form and manner, and including such information as the
Secretary may require.
(ii) Solicitation of applications.--Not less frequently
than once per calendar year, the Secretary shall solicit from
eligible public entities applications for loans and loan
guarantees in accordance with this section.
(B) Approval process.--
(i) Submission of applications to secretary of the
interior.--As soon as practicable after the date on which the
Secretary receives an application under subparagraph (A), the
Secretary shall submit the application to the Secretary of
the Interior for review.
(ii) Review by secretary of the interior.--

(I) Review.--As soon as practicable after the date of
receipt of an application by the Secretary under clause (i),
the Secretary of the Interior shall conduct a review of the
application to determine whether--

(aa) the eligible public entity is implementing a habitat
conservation plan that has been approved by the Secretary of
the Interior under section 10 of the Endangered Species Act
of 1973 (16 U.S.C. 1539);
(bb) the habitat acquisition program of the eligible public
entity would very likely be completed; and
(cc) the eligible public entity has adopted a complementary
plan for sustainable infrastructure development that provides
for the mitigation of environmental impacts.

(II) Report to secretary.--Not later than 60 days after the
date on which the Secretary of the Interior receives an
application under subclause (I), the Secretary of the
Interior shall submit to the Secretary a report that
contains--

(aa) an assessment of each factor described in subclause
(I); and
(bb) a recommendation regarding the approval or disapproval
of a loan or loan guarantee to the eligible public entity
that is the subject of the application.

(III) Consultation with secretary of commerce.--To the
extent that the Secretary of the Interior considers to be
appropriate to carry out this clause, the Secretary of the
Interior may consult with the Secretary of Commerce.

(iii) Approval by secretary.--

(I) In general.--Not later than 120 days after receipt of
an application under subparagraph (A), the Secretary shall
approve or disapprove the application.
(II) Factors.--In approving or disapproving an application
of an eligible public entity under subclause (I), the
Secretary may consider--

(aa) whether the financial plan of the eligible public
entity for habitat acquisition is sound and sustainable;
(bb) whether the eligible public entity has the ability to
repay a loan or meet the terms of a loan guarantee under the
program;
(cc) any factor that the Secretary determines to be
appropriate; and
(dd) the recommendation of the Secretary of the Interior.

(III) Preference.--In approving or disapproving
applications of eligible public entities under subclause (I),
the Secretary shall give preference to eligible public
entities located in biologically rich regions in which rapid
growth and development threaten successful implementation of
approved habitat conservation plans, as determined by the
Secretary in cooperation with the Secretary of the Interior.

(C) Administration of loans and loan guarantees.--
(i) Report to secretary of the interior.--Not later than 60
days after the date on which the Secretary approves or
disapproves an application under subparagraph (B)(iii), the
Secretary shall submit to the Secretary of the Interior a
report that contains the decision of the Secretary to approve
or disapprove the application.
(ii) Duty of secretary.--As soon as practicable after the
date on which the Secretary approves an application under
subparagraph (B)(iii), the Secretary shall--

(I) establish the loan or loan guarantee with respect to
the eligible public entity that is the subject of the
application (including such terms and conditions as the
Secretary may prescribe); and
(II) carry out the administration of the loan or loan
guarantee.

(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
such sums as are necessary.
(d) Termination of Authority.--The authority under this
section shall terminate on the date that is 10 years after
the date of enactment of this Act.
______

By Mr. UDALL of Colorado (for himself and Ms. Collings):
S. 828. A bill to amend the Energy Policy and Conservation Act to
establish the Office of Energy Efficiency and Renewable Energy as the
lead Federal agency for coordinating Federal, State, and local
assistance provided to promote the energy retrofitting of schools; to
the Committee on Energy and Natural Resources.
Mr. UDALL of Colorado. Mr. President, today I am introducing a
bipartisan bill along with my colleague Senator Collins to help improve
the health and efficiency of our schools by making them more energy
efficient, while creating much-needed jobs in the process. Though it is
often over-looked, energy efficiency is a huge job creator. Not only
does it create jobs through the purchase and installation of efficient
materials, it frees up scarce school finances to retain teachers and
important programs.
There are numerous Federal programs and funds already available to
schools to help them become more energy efficient. However, as I
learned in my travels across Colorado, schools face a morass of
programs and agency offices across the government, and it is
challenging for schools to take full advantage of them.
The bipartisan Streamlining Energy Efficiency for Schools Act of 2011
will force the government to coordinate their efforts so that schools
are less confused and they can better navigate the existing Federal
programs and financing options available to them. Put simply, it will
streamline the Federal Government while still leaving decisions to the
States, school boards and local officials to determine what is best for
their schools.
I have seen the benefits of energy efficient buildings first hand
when traveling in Colorado. The Cherry Creek School District in
Greenwood Village, Colorado has incorporated day lighting techniques
and ice storage to cool the buildings during the day. Because of these
innovative improvements, the school district has enjoyed significant
cost savings. In another example, the Poudre School District in Fort
Collins, Colorado, actively promotes sustainable design guidelines,
calling it their ``Ethic of Sustainability.'' This program includes an
elementary school in Fort Collins that actually uses recycled blue
jeans as insulation for the school buildings.
I hope that in passing this bill we will see more examples of these
successful and creative projects across the country--projects that will
increase the efficiency of our schools and teach our students about the
importance of saving energy. I urge my colleagues--of both parties--to
join me in supporting this bipartisan 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. 828

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 ``Streamlining Energy
Efficiency for Schools Act of 2011''.

SEC. 2. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR
SCHOOLS.

Section 392 of the Energy Policy and Conservation Act (42
U.S.C. 6371a) is amended by adding at the end the following:
``(e) Coordination of Energy Retrofitting Assistance for
Schools.--
``(1) Definition of school.--In this subsection, the term
`school' means--
``(A) an elementary school or secondary school (as defined
in section 9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801));
``(B) an institution of higher education (as defined in
section 102(a) of the Higher Education Act of 1965 (20 U.S.C.
1002(a));
``(C) a school of the defense dependents' education system
under the Defense Dependents' Education Act of 1978 (20
U.S.C. 921 et

[[Page S2518]]

seq.) or established under section 2164 of title 10, United
States Code;
``(D) a school operated by the Bureau of Indian Affairs;
``(E) a tribally controlled school (as defined in section
5212 of the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2511); and
``(F) a Tribal College or University (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b))).
``(2) Designation of lead agency.--The Secretary, acting
through the Office of Energy Efficiency and Renewable Energy,
shall act as the lead Federal agency for coordinating and
disseminating information on existing Federal programs and
assistance that may be used to help initiate, develop, and
finance energy efficiency, renewable energy, and energy
retrofitting projects for schools.
``(3) Requirements.--In carrying out coordination and
outreach under paragraph (2), the Secretary shall--
``(A) in consultation and coordination with the appropriate
Federal agencies, carry out a review of existing programs and
financing mechanisms (including revolving loan funds and loan
guarantees) available in or from the Department of
Agriculture, the Department of Energy, the Department of
Education, the Department of the Treasury, the Internal
Revenue Service, the Environmental Protection Agency, and
other appropriate Federal agencies with jurisdiction over
energy financing and facilitation that are currently used or
may be used to help initiate, develop, and finance energy
efficiency, renewable energy, and energy retrofitting
projects for schools;
``(B) establish a Federal cross-departmental collaborative
coordination, education, and outreach effort to streamline
communication and promote available Federal opportunities and
assistance described in subparagraph (A), for energy
efficiency, renewable energy, and energy retrofitting
projects that enables States, local educational agencies, and
schools--
``(i) to use existing Federal opportunities more
effectively; and
``(ii) to form partnerships with Governors, State energy
programs, local educational, financial, and energy officials,
State and local government officials, nonprofit
organizations, and other appropriate entities, to support the
initiation of the projects;
``(C) provide technical assistance for States, local
educational agencies, and schools to help develop and finance
energy efficiency, renewable energy, and energy retrofitting
projects--
``(i) to increase the energy efficiency of buildings or
facilities;
``(ii) to install systems that individually generate energy
from renewable energy resources;
``(iii) to establish partnerships to leverage economies of
scale and additional financing mechanisms available to larger
clean energy initiatives; or
``(iv) to promote--

``(I) the maintenance of health, environmental quality, and
safety in schools, including the ambient air quality, through
energy efficiency, renewable energy, and energy retrofit
projects; and
``(II) the achievement of expected energy savings and
renewable energy production through proper operations and
maintenance practices;

``(D) develop and maintain a single online resource website
with contact information for relevant technical assistance
and support staff in the Office of Energy Efficiency and
Renewable Energy for States, local educational agencies, and
schools to effectively access and use Federal opportunities
and assistance described in subparagraph (A) to develop
energy efficiency, renewable energy, and energy retrofitting
projects; and
``(E) establish a process for recognition of schools that--
``(i) have successfully implemented energy efficiency,
renewable energy, and energy retrofitting projects; and
``(ii) are willing to serve as resources for other local
educational agencies and schools to assist initiation of
similar efforts.
``(4) Report.--Not later than 180 days after the date of
enactment of this subsection, the Secretary shall submit to
Congress a report describing the implementation of this
subsection.
``(5) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
such sums as are necessary for each of fiscal years 2012
through 2016.''.
2_____

By Mr. FRANKEN (for himself, Mr. Brown of Ohio, Mr. Schumer, Mrs.
Gillibrand, and Mr. Sanders):
S. 831. A bill to amend the Agricultural Marketing Act of 1946 to
provide for country of origin labeling for dairy products; to the
Committee on Agriculture, Nutrition, and Forestry.
Mr. FRANKEN. Mr. President, today, I am reintroducing the Dairy
Country Of Origin Labeling Act, or Dairy COOL, with Senator Schumer,
Senator Gillibrand, Senator Sherrod Brown, and Senator Sanders.
Our bill is very straightforward; it simply extends country of origin
labeling requirements to dairy products. The current country of origin
labeling law, which went into effect in 2008, applies to meats,
produce, and nuts, but it doesn't include dairy products. Our bill adds
dairy products--including milk, cheese, yogurt, ice cream, and butter--
to the list.
This bill is about families. Minnesota families should have the right
to know where the food they buy was produced. Consumers have this
information for meat and produce; they should have it for the dairy
products they feed their families every day. Minnesota dairy farmers
and family farmers across the Nation should have the right to
distinguish their products from imported products.
Hardly a week goes by where you don't hear another story of
contaminated food and toys that were imported from foreign countries
but only discovered after they were in American homes. Labeling our
dairy products lets parents make informed choices at the grocery store.
It gives consumers the information they need to be confident about the
quality and safety of the food they buy.
Farming is a risky business. Prices have stabilized for now, but less
than two years ago, high feed prices and unpredictable price swings
threatened the viability of family dairies across the country. This
bill isn't a silver bullet, but it does give family farms another tool
that will help them compete in a crowded marketplace. And it gives
consumers the option to purchase milk and cheese from our own family
farms.
So I urge my colleagues to support 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. 831

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 ``Dairy COOL Act of 2011''.

SEC. 2. COUNTRY OF ORIGIN LABELING FOR DAIRY PRODUCTS.

(a) Definitions.--Section 281 of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1638) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (x), by striking ``and'' at the end;
(ii) in clause (xi), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(xii) dairy products.''; and
(B) in subparagraph (B), by inserting ``(other than clause
(xii) of that subparagraph)'' after ``subparagraph (A)'';
(2) by redesignating paragraphs (3) through (9) as
paragraphs (4) through (10), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Dairy product.--The term `dairy product' means--
``(A) fluid milk;
``(B) cheese, including cottage cheese and cream cheese;
``(C) yogurt;
``(D) ice cream;
``(E) butter; and
``(F) any other dairy product.''.
(b) Notice of Country of Origin.--Section 282(a) of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1638a(a)) is
amended by adding at the end the following:
``(5) Designation of country of origin for dairy
products.--
``(A) In general.--A retailer of a covered commodity that
is a dairy product shall designate the origin of the covered
commodity as--
``(i) each country in which or from the 1 or more dairy
ingredients or dairy components of the covered commodity were
produced, originated, or sourced; and
``(ii) each country in which the covered commodity was
processed.
``(B) State, region, locality of the united states.--With
respect to a covered commodity that is a dairy product
produced exclusively in the United States, designation by a
retailer of the State, region, or locality of the United
States where the covered commodity was produced shall be
sufficient to identify the United States as the country of
origin.''.
______

By Ms. COLLINS (for herself and Mrs. Murray):
S. 832. A bill to reauthorize certain port security programs, and for
other purposes; to the Committee on Homeland Security and Governmental
Affairs.
Ms. COLLINS. Mr. President, I rise to introduce the SAFE Port
Reauthorization Act of 2011. This bill extends important programs that
help to protect our nation's critical shipping lanes and seaports from
attack and sabotage.
The SAFE Port Reauthorization Act of 2011 is cosponsored by my
colleague,

[[Page S2519]]

Senator Murray. Senator Murray and I drafted the original SAFE Port Act
in 2005, leading to its enactment in 2006. I am pleased that she has
again joined me to extend and strengthen this important law. Several
stakeholders have expressed their support for our efforts, including
the American Waterways Operators, National Association of Boating Law
Administrators, Retail Industry Leaders Association, Association of
Marina Industries, National Boating Federation, and National Marine
Manufacturers Association.
The scope of what we need to protect is broad. America has 361
seaports--each vital links in our Nation's transportation network. Our
seaports move more than 95 percent of overseas trade. In 2010, United
States ports logged 57,600 ports-of-call by foreign-flagged cargo
vessels, bringing 11 million shipping containers to our shores.
Coming from a State with three international cargo ports--including
Portland, the largest port by tonnage in New England--I am keenly aware
of the importance of seaports to our national economy and to the
communities in which they are located.
Our seaports operate as vital centers of economic activity; they also
represent vulnerable targets. As the air cargo plot emanating from
Yemen last fall demonstrated, terrorists remain committed to exploiting
commercial shipments as a way of moving explosives or weapons of mass
destruction.
Maritime shipping containers are a special source of concern. A
single obscure container, hidden among a ship's cargo of several
hundred containers, could be used to conceal a dirty bomb. In other
words, a container could be turned into a 21st century Trojan horse.
The shipping container's security vulnerabilities are so well known
that it has also been called ``the poor man's missile,'' because for
only a few thousand dollars, a terrorist could ship a weapon or
explosive across the Atlantic or the Pacific to a U.S. port.
And the contents of such a container don't have to be something as
complex as a nuclear or biological weapon. As former Customs and Border
Protection Commissioner Robert Bonner told The New York Times, a single
container packed with readily available ammonium sulfate fertilizer and
a detonation system could produce 10 times the blast that destroyed the
Murrah Federal Building in Oklahoma City.
Whatever the type of weapon, an attack on one or more U.S. ports
could cause great loss of life and large numbers of injuries; it could
damage our energy supplies and infrastructure; it could cripple
retailers and manufacturers dependent on incoming inventory; and it
could hamper our ability to move and supply American military forces
fighting against the forces of terrorism.
I have had the opportunity to visit seaports and, as one examines
some of the Nation's busiest harbors, one sees what a terrorist might
call ``high-value targets.'' In February, while touring the Port of
Miami and Port Everglades with the Coast Guard, I witnessed firsthand
the large and sprawling urban populations, cruise ship docks, container
terminals, and bulk fuel facilities that are situated around these
ports. At other locations, there are large sports stadiums and ferries
operating nearby as well.
Add up these factors, and one realizes immediately the death and
destruction that a ship carrying a container hiding a weapon of mass
destruction could inflict at a single port.
Of course, a port can be a conduit for an attack as well as a target.
A container with dangerous cargo could be loaded on a truck or rail
car, or have its contents unpacked at the port and distributed to
support attacks elsewhere. In 2008, we saw that the port in Mumbai,
India, offered the means for a gang of terrorists to launch an attack
on a section of the city's downtown. That attack killed more than 170
people and wounded hundreds more.
To address these security threats, our bill would reauthorize these
SAFE Port Act cargo security programs that have proven to be successful
the Automated Targeting System that identifies high-risk cargo; the
Container Security Initiative that ensures high-risk cargo containers
are inspected at ports overseas before they travel to the United
States; and the Customs-Trade Partnership Against Terrorism, or C-TPAT,
that provides incentives to importers to enhance the security of their
cargo from point of origin to destination.
The bill would also strengthen the C-TPAT program by providing new
benefits, including offering voluntary security training to industry
participants and providing participants an information sharing
mechanism on maritime and port security threats, and authorizing
Customs and Border Protection to conduct unannounced inspections to
ensure that security practices are robust. The cooperation of private
industry is vital to protecting supply chains, and C-TPAT is a
necessary tool for securing their active cooperation in supply chain
security efforts.
The bill also would extend the competitive, risk-based, port security
grants that have improved the security of our ports. An authorization
for the next 5 years at $300 million per year, as included in the
President's budget, is lower than the current $400 million
authorization in recognition of the severe budget constraints we face.
To address concerns expressed by port authorities and terminal
operators from across the country, the bill places deadlines on the
Department of Homeland Security to ensure a timely response is provided
to port security grant applications, extensions, and cost-share waiver
requests.
In addition to continuing and improving critical port security
programs, the bill also would strengthen the America's Waterway Watch
Program, which promotes voluntary reporting of suspected terrorist
activity or suspicious behavior against a vessel, facility, port, or
waterway.
Our bill would protect citizens from frivolous lawsuits when they
report, in good faith, suspicious behavior that may indicate terrorist
activity against the United States. It builds on a provision from the
2007 homeland security law that encourages people to report potential
terrorist threats directed against transportation systems by protecting
people from those who would misuse our legal system in an attempt to
chill the willingness of citizens to come forward and report possible
dangers.
In addition, this legislation enhances research and development
efforts to improve maritime cargo security. The demonstration project
authorized by this law would study the feasibility of using composite
materials in cargo containers to improve container integrity and deploy
next-generation sensors.
This legislation also addresses the difficulties in administering the
mandate of x-raying and scanning for radiation all cargo containers
overseas that are destined for the United States by July 2012. Until x-
ray scanning technology is proven effective at detecting radiological
material and not disruptive of trade, requiring the x-raying of all
U.S. bound cargo, regardless of its risk, at every foreign port, is
misguided and provides a false sense of security. It would also impose
onerous restrictions on the flow of commerce, costing billions with
little additional security benefit.
Under the original provisions of the SAFE Port Act, all cargo
designated as high-risk at foreign ports is already scanned for
radiation and x-rayed. In addition, cargo entering the U.S. at all
major seaports is scanned for radiation. These security measures
currently in place are part of a layered, risk-based method to ensure
cargo entering the U.S. is safe.
This legislation would eliminate the deadline for 100 percent x-
raying of containers if the Secretary of Homeland Security certifies
the effectiveness of individual security measures of that layered
security approach. This is a more reasonable method to secure our cargo
until a new method of x-raying containers is proven effective and
feasible.
The SAFE Port Reauthorization Act of 2011 will help us to continue an
effective, layered, coordinated security system that extends from point
of origin to point of destination, and that covers the people, the
vessels, the cargo, and the facilities involved in our maritime
commerce. It will continue to address a major vulnerability in our
homeland security critical infrastructure while preserving the flow of
goods on which our economy depends.
I urge my colleagues to support this important legislation.

[[Page S2520]]

______

By Mr. WHITEHOUSE (for himself, Mr. Reed, Mr. Brown of Ohio, Mr.
Franken, and Mr. Akaka):
S. 833. A bill to provide grants to States to ensure that all
students in the middle grades are taught an academically rigorous
curriculum with effective supports so that students complete the middle
grades prepared for success in secondary school and postsecondary
endeavors, to improve State and district policies and programs relating
to the academic achievement of students in the middle grades, to
develop and implement effective middle grades models for struggling
students, and for other purposes; to the Committee on Health,
Education, Labor, and Pensions.
Mr. WHITEHOUSE. Mr. President, it is my honor today to introduce the
Success in the Middle Act of 2011. This bill recognizes the role of the
middle grades as a tipping point in the education of many of our
Nation's students, especially those who are at risk of dropping out.
Success in the Middle invests much-needed attention and resources in
middle grades education, requiring states to create plans to
specifically address the unique needs of students in the age group, and
focusing on schools that feed students into some of our country's most
dropout prone high schools so they are ready for the curriculum and the
unique social pressures they will encounter there.
My concern about the middle grades began in a unique place behind my
desk in the Rhode Island Attorney General's Office. After serving as
the United States Attorney for Rhode Island, where I dealt with cases
involving mobsters and white collar crime, I now suddenly had hundreds
of juvenile cases coming across my desk. I asked my staff to examine
the problem and together we tried to find the root of it. Ultimately,
it all seemed to go back to one issue: middle school truancy. In order
to better see what was happening in middle schools, my office adopted
one, Oliver Hazard Perry Middle School in Providence. We worked hard to
create a real relationship between the police department and the school
to help get truant kids back in classrooms; we worked with the local
utility to get lights in the parking lot so teachers felt safe staying
after school; partnered with local businesses to get teachers phones in
the classrooms so they could call parents when the kids went missing;
began a mentoring program between students and attorneys in my office;
and brought in community groups to start afterschool programs.
The experience at Perry helped me realize what an impact the middle
grades have on a child's future. It is an age where a child is
beginning to make his or her own decisions, but can still be influenced
by adults and by enriching experiences in their lives. The middle
grades are a time when, if properly directed, students look to their
futures and set goals for themselves in order to enter high school
ready to achieve that first vital goal: graduation.
When I entered the Senate, one of my first priorities was to continue
to advocate for improved middle grades education. In Rhode Island, I
convened a small group of teachers, public and private school
administrators, union leaders, afterschool experts, and others who
shared my deep interest in the middle grades to continue the
conversation about how best to improve them. This group examined the
issues faced by these students and how curriculum, the professional
development of teachers, and the environment of the school affected
them on a daily basis. Their work has influenced how I perceive
education policy and has been invaluable as we have moved forward with
Success in the Middle.
To see just how badly our middle grade students need this help, let
us take a look at the facts: Less than 1/3 of 8th grade students scored
proficient in reading and math on the 2009 National Assessment on
Educational Progress, NAEP, and nearly 30 percent scored below the
basic level in math. A lack of basic skills at the end of the middle
grades has serious implications students who enter high school two or
more years behind have only a 50 percent chance of progressing on time
to 10th grade, creating a significant risk of dropping out. Sixth grade
students who do not attend school regularly, who frequently receive
disciplinary actions, or who fail math or English have a less than 15
percent chance of graduating high school on time and a 20 percent
chance of graduating one year late.
This is why investing wisely in the middle grades is so important.
Success in the Middle makes that investment, creating a formula grant
program that help states invest in proven strategies for the middle
grades, including comprehensive school-wide improvement efforts,
targeted professional development, and student supports such as
extended learning time and personal academic plans. It also requires
the creation of early warning and intervention systems for at-risk
students and transition plans for the middle grades. Finally, Success
in the Middle invests in national research into best practices for the
middle grades.
I am proud to introduce Success in the Middle, which in previous
Congresses was introduced by then-Senator Obama and by my senior
Senator from Rhode Island, Jack Reed. I am proud to follow in the
footsteps of these champions of education, who have demonstrated the
vital need to focus our efforts on the middle grades in order to best
serve our Nation's children, especially those most at risk for dropping
out.
______

By Ms. KLOBUCHAR (for herself and Mr. Grassley):
S. 839. A bill to ban the sale of certain synthetic drugs; to the
Committee on the Judiciary.
Mr. GRASSLEY. Mr. President, I am pleased to join my colleague,
Senator Klobuchar, in cosponsoring the Combating Designer Drugs Act of
2011. All too often we are confronted with new and emerging drugs that
spread quickly on the scene. However, what is most concerning about
this new generation of drugs is how quickly these substances are sold
and marketed to kids. Although these substances were created for
scientific research they are now packaged as innocent products and sold
on the shelves of local stores or via the internet.
Recent reports in the media along with increasing calls to poison
control centers and visits to emergency rooms reveals that more and
more kids are using products laced with substances that are very
dangerous. Although these products are currently legal and can be sold
in stores and online, many people who use products are under a false
impression that these products are safe because they are legal.
However, use of these products is anything but safe.
Last month, a teenager from Blaine, MN, died after overdosing on a
substance called 2C-E that he and others used at a party. Police report
10 other individuals were hospitalized after using this substance.
According to the Drug Enforcement Administration, 2C-E along with its
cousins in the 2C family are used for their hallucinogenic qualities.
These drugs are marketed as similar to illegal drugs like LSD or
Ecstasy and can be used in similar ways. A popular way to pass these
drugs off as safe is by labeling them as ``fake,'' but clearly the
victims of this drug have suffered very real consequences.
Last month, I, along with Senator Feinstein, introduced legislation
to ban the chemicals found in synthetic or ``fake'' marijuana. This
legislation came in part from the death of Indianola, IA, resident
David Rozga, who committed suicide shortly after smoking a package of
K2, a product laced with synthetic marijuana compounds. Since then the
Drug Enforcement Administration has identified more substances that are
used in a similar way such as 2C-E and others. The Combating Designer
Drugs Act of 2011 is part of the ongoing effort to identify drugs that
are being marketed as legal, safe alternatives to illegal drugs and
places them among their rightful place as dangerous drugs like meth and
cocaine. Specifically, this legislation targets drugs found in the 2C
family, which were invented for scientific research but never intended
to be used for humans and makes them schedule I controlled substances.
Mr. President, the sale and use of synthetic drugs like those in the
2C family represent a new and dangerous trend in drug abuse. We must
take strong action to eliminate the ease in which these substances can
reach the market before their use gets out of hand. I urge my
colleagues to support this legislation to remove these dangerous drugs
from our society.

[[Page S2521]]

______

By Mr. UDALL of Colorado (for himself, Ms. Stabenow, and Mr.
Merkley):
S. 841. A bill to provide cost-sharing assistance to improve access
to the markets of foreign countries for energy efficiency products and
renewable energy products exported by small- and medium-sized
businesses in the United States, and for other purposes; to the
Committee on Banking, Housing, and Urban Affairs.
Mr. UDALL of Colorado. Mr. President, I rise today to speak about the
Renewable Energy Market Access Program Act, or REMAP Act, which I am
re-introducing in the 112th Congress with my colleagues, Senators
Stabenow and Merkley. This bill is designed to help grow American
renewable energy and energy efficiency exports abroad by helping small
and medium sized renewable energy businesses promote, export and
ultimately penetrate foreign markets. In turn this bill will help grow
the American economy and create American jobs.
This effort is a smaller piece of what needs to be a comprehensive
and cohesive approach to reduce our trade deficit in clean energy goods
and bolster our economy. Despite efforts to do just that, we still
struggle to build a manufacturing base that can provide the goods
necessary to meet the global demand for renewable energy products. It
is astonishing that increasingly, we import more renewable energy goods
than we export. A recent Senate report showed that over a 5 year period
from 2004-2008, our trade deficit in renewable energy goods increased
350 percent, which is attributed to increased U.S. demand that is met
largely by imports from Asia and Europe. Not only are we failing to
meet our own domestic demand, but we are slow to take advantage of
market opportunities abroad. It is estimated that 90 percent of
worldwide investments in renewable energy goods occur in G-20
countries, and the developing world is projected to comprise 80 percent
of the world's future energy demand, yet the United States is not well
positioned to capture these growing and burgeoning markets for
renewable energy goods. If we are truly dedicated to strengthening our
capability to grow renewable energy manufacturing and to becoming
energy independent, we need to do more. We need to invest strategically
at home, and we must also look beyond our shores to build markets for
domestic manufacturers markets that can translate into sustainable,
well-paying jobs here at home.
My legislation would create the Renewable Energy Market Access
Program to focus on equipping small and medium sized enterprises with
the tools they need to access foreign markets, thereby strengthening
our domestic economy and creating jobs. Through REMAP, trade
associations and state-regional trade groups would apply to the U.S.
Department of Commerce to enter into cooperative agreements to provide
marketing and trade assistance to small- and medium-sized companies in
the renewable energy and energy efficiency sectors. The assistance
would help facilitate the export of their goods to existing and new
foreign markets. The agreements would also offer eligible participants
an opportunity to share the costs related to innovative marketing and
promotion activities. The public funding for any one application would
never exceed 50 percent of the total cost of the proposal, ensuring
buy-in from the applicant and an ongoing working relationship with the
Department of Commerce. In sum, this bill will help streamline access
to the global marketplace for small businesses and help promote
American renewable energy and energy efficiency products overseas.
I believe that this legislation takes an important step in the right
direction to support the growing renewable energy industry. I have been
encouraged by the efforts of my colleagues here in the U.S. Congress
and in the Administration to place a strong emphasis on supporting and
growing all of America's exports but our future will be in solving our
shared energy challenges.
While we look at ways to enhance market access to foreign markets,
Congress must also develop sensible policy mechanisms to address unfair
trade barriers and other anti-competitive tactics that are used to keep
our goods from markets in countries with which we have stable
relations. Such tactics should be addressed, but should not keep us
from pursuing other opportunities to build foreign markets for American
businesses. This is why I urge my colleagues to join me in supporting
this legislation to support our small business community in growing our
nation's economy.
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. 841

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 ``Renewable Energy Market
Access Program Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Energy efficiency product.--The term ``energy
efficiency product'' means any product, technology, or
component of a product that--
(A) as compared with products, technologies, or components
of products being deployed at the time for widespread
commercial use in the country in which the product,
technology, or component will be used--
(i) substantially increases the energy efficiency of
buildings, industrial or agricultural processes, or
electricity transmission, distribution, or end-use
consumption; or
(ii) substantially increases the energy efficiency of the
transportation system; and
(B) results in no significant incremental adverse effects
on public health or the environment.
(2) Renewable energy.--The term ``renewable energy'' means
energy generated by a renewable energy resource.
(3) Renewable energy product.--The term ``renewable energy
product'' means any product, technology, or component of a
product used in the development or production of renewable
energy.
(4) Renewable energy resource.--The term ``renewable energy
resource'' means solar, wind, ocean, tidal, or geothermal
energy, biofuel, biomass, hydropower, or hydrokinetic energy.
(5) Small- and medium-sized businesses.--The term ``small-
and medium-sized businesses'' means--
(A) small business concerns (as that term used in section 3
of the Small Business Act (15 U.S.C. 632)); and
(B) businesses the Secretary of Commerce determines to be
small- or medium-sized, based on factors that include the
structure of the industry, the amount of competition in the
industry, the average size of businesses in the industry, and
costs and barriers associated with entering the industry.

SEC. 3. COST-SHARING ASSISTANCE WITH RESPECT TO THE
EXPORTATION OF ENERGY EFFICIENCY PRODUCTS AND
RENEWABLE ENERGY PRODUCTS.

(a) In General.--The Under Secretary for International
Trade of the Department of Commerce (in this section referred
to as the ``Under Secretary'') shall establish and carry out
a program to provide cost-sharing assistance to eligible
organizations--
(1) to improve access to the markets of foreign countries
for energy efficiency products and renewable energy products
exported by small- and medium-sized businesses in the United
States; and
(2) to assist small- and medium-sized businesses in the
United States in obtaining services and other assistance with
respect to exporting energy efficiency products and renewable
energy products, including services and assistance available
from the Department of Commerce and other Federal agencies.
(b) Eligible Organizations.--An eligible organization is a
nonprofit trade association in the United States or a State
or regional organization that promotes the exportation and
sale of energy efficiency products or renewable energy
products.
(c) Application Process.--An eligible organization shall
submit an application for cost-sharing assistance under
subsection (a)--
(1) at such time and in such manner as the Under Secretary
may require; and
(2) that contains a plan that describes the activities the
organization plans to carry out using the cost-sharing
assistance provided under subsection (a).
(d) Awarding Cost-sharing Assistance.--
(1) In general.--The Under Secretary shall establish a
process for granting applications for cost-sharing assistance
under subsection (a) that includes a competitive review
process.
(2) Priority for innovative ideas.--In awarding cost-
sharing assistance under subsection (a), the Under Secretary
shall give priority to an eligible organization that includes
in the plan of the organization submitted under subsection
(c)(2) innovative ideas for improving access to the markets
of foreign countries for energy efficiency products and
renewable energy products exported by small- and medium-sized
businesses in the United States.
(e) Level of Cost-sharing Assistance.--
(1) In general.--Subject to paragraph (2), the Under
Secretary shall determine an appropriate percentage of the
cost of carrying out a plan submitted by an eligible
organization under subsection (c)(2) to be provided in the
form of assistance under this section.

[[Page S2522]]

(2) Limitation.--Assistance provided under this section may
not exceed 50 percent of the cost of carrying out the plan of
an eligible organization.

SEC. 4. REPORT.

Not later than 180 days after the date of the enactment of
this Act, the Secretary of Commerce, in consultation with the
Secretary of Energy, shall submit to Congress a report on the
export promotion needs of businesses in the United States
that export energy efficiency products or renewable energy
products.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary of
Commerce to carry out this Act--
(1) $15,000,000 for fiscal year 2012;
(2) $16,000,000 for fiscal year 2013;
(3) $17,000,000 for fiscal year 2014;
(4) $18,000,000 for fiscal year 2015; and
(5) $19,000,000 for fiscal year 2016.
______

By Mr. BEGICH:
S. 843. A bill to establish outer Continental Shelf lease and permit
processing coordination offices, and for other purposes; to the
Committee on Energy and Natural Resources.
Mr. BEGICH. Mr. President--I wish to speak about legislation I am
introducing today aimed at streamlining a cumbersome development
process for offshore oil and gas development adjacent to Alaska.
About a month ago, President Obama proposed essentially that when he
called for increased domestic oil and gas development and cutting
foreign oil imports by a third by 2025. The President even said his
administration is ``looking at potential new development in Alaska,
both onshore and offshore.''
We Alaskans were glad to hear the President use the ``A'' word--
Alaska. As America's energy storehouse for better than a quarter
century, we are anxious to continue supplying our nation a stable
source of energy just as we have been doing since oil starting flowing
through the trans-Alaska pipeline in 1977.
Simply put, Alaska has enormous untapped oil and gas reserves--an
estimated 40 to 60 billion barrels of oil on State and Federal lands
and waters. That is approaching a decade's worth of U.S. consumption.
We also hold the Nation's largest conventional natural gas reserves--
more than 100 trillion cubic feet of this clean-burning fuel.
As is always the case, it is the details that matter. While we
welcome the President's interest in increased energy development in our
state, his administration--and those which preceded him--have enacted
roadblocks to this laudable goal.
In the National Petroleum Reserve-Alaska, ConocoPhillips has been
working for years to secure a permit to build a bridge into a petroleum
reserve to development oil--only to be stalled by the Army Corps of
Engineers and EPA.
Moving to the offshore, Shell has been working for 5 years and
invested more than $3 billion for the opportunity to drill exploratory
wells in Alaska's Beaufort and Chukchi Seas. They got very close last
year but just when it appeared the development had the green light a
few weeks ago, an internal EPA Environmental Appeals Board sent the air
quality permit back to the drawing board.
Business as usual simply isn't working when it comes to increased oil
and gas development in my State.
Accordingly, today I am introducing legislation that would create an
office of Federal coordination for the Arctic OCS, modeled after
legislation the late Senator Ted Stevens passed establishing a Federal
gas pipeline coordinator. This office would have authority to work
across the agencies causing Alaska so much heartburn today--the EPA,
Army Corps of Engineers and Interior Department.
The Federal OCS coordinator would work with the State of Alaska and
affected local governments to streamline development in the Chukchi and
Beaufort seas, which hold such promise for future oil and gas
development.
Additionally, it would expedite judicial review of claims related to
Environmental Protection Agency and Department of Interior permits for
development in this area. Let me be clear, this legislation does not
prevent citizens from solving disputes in the court system. However, it
does recognize that America needs this energy and issues surrounding it
should be solved quickly.
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. 843

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 ``Outer Continental Shelf
Permit Processing Coordination Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Coordination office.--The term ``coordination office''
means a regional joint outer Continental Shelf lease and
permit processing coordination office established under
section 3(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

SEC. 3. OUTER CONTINENTAL SHELF PERMIT PROCESSING
COORDINATION OFFICES.

(a) Establishment.--The Secretary shall establish--
(1) a regional joint outer Continental Shelf lease and
permit processing coordination office for the Alaska region
of the outer Continental Shelf; and
(2) subject to subsection (c)--
(A) a regional joint outer Continental Shelf lease and
permit processing coordination office for the Atlantic region
of the outer Continental Shelf; and
(B) a regional joint outer Continental Shelf lease and
permit processing coordination office for the Pacific region
of the outer Continental Shelf.
(b) Memorandum of Understanding.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall enter into a
memorandum of understanding for the purposes of carrying out
this section with--
(A) the Secretary of Commerce;
(B) the Chief of Engineers;
(C) the Administrator of the Environmental Protection
Agency;
(D) the head of any other Federal agency that may have a
role in permitting activities; and
(E) in the case of the coordination office described in
subsection (a)(1), the head of each borough government that
is located adjacent to any active lease area.
(2) State participation.--The Secretary shall request that
the Governor of a State adjacent to the applicable outer
Continental Shelf region be a signatory to the memorandum of
understanding.
(c) Date of Establishment.--A coordination office described
in subparagraph (A) or (B) of subsection (a)(2) shall not be
established until the date on which a proposed lease sale is
conducted for the Atlantic or Pacific region of the outer
Continental Shelf, as applicable.
(d) Designation of Qualified Staff.--
(1) In general.--Each Federal signatory party shall, if
appropriate, assign to each of the coordination offices an
employee who has expertise in the regulatory issues
administered by the office in which the employee is employed
relating to leasing and the permitting of oil and gas
activities on the outer Continental Shelf by the date that
is--
(A) in the case of the coordination office described in
subsection (a)(1), not later than 30 days after the date of
the signing of the memorandum of understanding relating to
the applicable coordination office under subsection (b); or
(B) in the case of a coordination office established under
subsection (a)(2), not later than 30 days after the date of
establishment of the applicable coordination office under
subsection (c).
(2) Duties.--An employee assigned under paragraph (1)
shall--
(A) not later than 90 days after the date of assignment,
report to the applicable coordination office;
(B) be responsible for all issues relating to the
jurisdiction of the home office or agency of the employee;
and
(C) participate as part of the applicable team of personnel
working on proposed oil and gas leasing and permitting,
including planning and environmental analyses.
(e) Transfer of Funds.--For the purposes of coordination
and processing of oil and gas use authorizations for the
applicable outer Continental Shelf region, the Secretary may
authorize the expenditure or transfer of such funds as are
necessary to--
(1) the Secretary of Commerce;
(2) the Chief of Engineers;
(3) the Administrator of the Environmental Protection
Agency;
(4) the head of any other Federal agency having a role in
permitting activities;
(5) any State adjacent to the applicable outer Continental
Shelf region; and
(6) in the case of the coordination office described in
subsection (a)(1), the head of each borough government that
is located adjacent to any active lease area.
(f) Effect.--Nothing in this section--
(1) authorizes the establishment of a regional joint outer
Continental Shelf lease and permit processing coordination
office for the Gulf of Mexico region of the outer Continental
Shelf;
(2) affects the operation of any Federal or State law; or
(3) affects any delegation of authority made by the head of
a Federal agency for

[[Page S2523]]

employees that are assigned to a coordination office.
(g) Funding.--
(1) In general.--There is authorized to be appropriated
$2,000,000 for the coordination office described in
subsection (a)(1) for each of fiscal years 2011 through 2021,
to remain available until expended.
(2) Other coordination offices.--Notwithstanding any other
provision of law--
(A) of the amounts received by the Secretary from the sale
of bonus bids in the Atlantic region of the outer Continental
Shelf Continental Shelf region, $2,000,000 shall be made
available for the applicable coordination office described in
subsection (A)(2)(A) for the fiscal year; and
(B) of the amounts received by the Secretary from the sale
of bonus bids in the Pacific region of the outer Continental
Shelf Continental Shelf region, $2,000,000 shall be made
available for the applicable coordination office described in
subsection (A)(2)(B) for the fiscal year.

SEC. 4. JUDICIAL REVIEW.

(a) Exclusive Jurisdiction.--Except for review by the
Supreme Court on writ of certiorari, the United States Court
of Appeals for the District of Columbia Circuit shall have
original and exclusive jurisdiction to review any claim
relating to an action by the Administrator of the
Environmental Protection Agency or the Secretary of the
Interior with respect to the review, approval, denial, or
issuance of an oil or natural gas lease or permit in the area
of the outer Continental Shelf described in section 3(a)(1).
(b) Deadline for Filing Claim.--A claim described in
subsection (a) may be brought not later than 60 days after
the date of the action giving rise to the claim.
(c) Expedited Consideration.--The United States Court of
Appeals for the District of Columbia Circuit shall set any
action brought under subsection (a) for expedited
consideration, taking into account the national interest of
enhancing national energy security by providing access to the
significant oil and natural gas resources in the area of the
outer Continental Shelf described in section 3(a)(1) that are
needed to meet the anticipated demand for oil and natural
gas.
______

By Mr. LIEBERMAN (for himself and Mr. Bennet):
S. 844. A bill to provide incentives for States and local educational
agencies to implement comprehensive reforms and innovative strategies
that are designed to lead to significant improvement in outcomes for
all students and significant reductions in achievement gaps among
subgroups of students, and for other purposes; to the Committee on
Health, Education, Labor, and Pensions.
Mr. LIEBERMAN. Mr. President, I rise today with my colleague Senator
Bennet, to introduce the Race to the Top Act of 2011. The Race to the
Top Act will authorize the continuation of the highly successful Race
to the Top program that was established by the American Recovery and
Reinvestment Act. The bill also expands this successful program to
school districts and authorizes the program for 2012 and the succeeding
5 years. Race to the Top calls for competitive grants for States and
school districts that invest in bold educational reforms designed to
bring about significant improvement in academic outcomes for all
students and significant reductions in achievement gaps.
When No Child Left Behind was signed into law nine years ago, we made
a national commitment to fix our educational system--a system in which
low-income minority students were performing significantly below their
higher-income peers. We made a commitment to bring an end to
unacceptable achievement gaps and to ensure that each and every child--
regardless of race, nationality or family income--could succeed in our
public schools and graduate with the skills necessary for success in
college or the workforce. Despite the commitments we made, unacceptable
achievement gaps persist. Still today our public schools are not
preparing our students to succeed in college and the workforce. Each
year, 30 percent of American students fail to receive their high school
diploma on time and graduation rates are consistently lower for
minority students. One-third of our students who do graduate from high
school are not ready for college. In international standardized tests
involving students from 65 nations, fifteen year olds in the United
States rank 31st in mathematics, 23rd in science, and 15th in reading.
Improving public education and closing student achievement gaps remains
one of the most important issues of our time.
We have made some progress, but until we have equal and excellent
educational opportunities for all of our children, regardless of
ethnicity or income, we have not done our job. While, in many ways, No
Child Left Behind moved us in the right direction, it needs to be
updated, and the Elementary and Secondary Education Act must be
reauthorized. The continuation of the Race to the Top program should be
part of that update.
The positive impact of Race to the Top has been impressive. The
competition for Race to the Top money has incentivized States to
implement high, internationally benchmarked, core standards and to
create a positive climate for public charter schools. Race to the Top
recognizes the essential role teachers play in education and has
prompted States to get serious about teacher effectiveness,
distribution, evaluation, and accountability. And Race to the Top has
prompted states to improve policies aimed at turning around America's
lowest performing schools.
Under Race to the Top 46 States and the District of Columbia have
developed statewide reform plans; States changed laws to increase their
ability to intervene in their lowest performing schools; 22 States
enacted laws to improve teacher quality, including alternative
certification, effectiveness and evaluation systems; 42 States and the
District of Columbia have moved forward to adopt high college- and
career- ready standards; 16 States have altered laws or policies to
create or expand the number of charter schools.
Race to the Top is working. We know it is benefiting States that were
successful in receiving funds but it is also working for States that
did not receive funds, simply because those States have already enacted
changes that will improve education. Many States remain committed to
their new educational reforms regardless of their success in securing
Race to the Top funding.
Race to the Top can also play a unique role in local reforms. As I
indicated earlier, this new bill would support districts that are
committed to leading the way with bold comprehensive reform. I know
some officials in my home State, Connecticut, were disappointed about
not being selected as a Race to the Top winner. But I do believe the
children in Connecticut were winners because we have strengthened our
State laws, policies, and curriculum to lift our charter school caps,
improve Science, Technology, Education, and Mathematics education, and
strengthen our teacher evaluation process. I commend our State and
local leaders that collaborated in making all of that possible. If we
continue the Race to the Top program, as our bill would do, more
States, and now districts, will be winners and we can continue this
movement towards important educational reform.
Race to the Top has been an effective catalyst for educational reform
and has encouraged all stakeholders to come together and work together
to improve state agendas. It is essential that we keep the momentum of
the first two waves of Race to the Top moving forward. Other States and
now districts deserve the opportunity to engage in comprehensive
educational reform. Since our goal is to make all schools high quality
schools, the real winner in the Race to the Top competition will be
students across America.
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. 844

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Race to the Top Act of
2011''.

SEC. 2. RACE TO THE TOP.

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

``PART C--RACE TO THE TOP

``SEC. 6301. PURPOSES.

``The purposes of this part are to--
``(1) provide incentives for States and local educational
agencies to implement comprehensive reforms and innovative
strategies that are designed to lead to--
``(A) significant improvements in outcomes for all
students, including improvements in student achievement,
secondary school graduation rates, postsecondary education
enrollment rates. and rates of postsecondary education
persistence; and

[[Page S2524]]

``(B) significant reductions in achievement gaps among
subgroups of students; and
``(2) encourage the broad identification, adoption, use,
dissemination, replication, and expansion of effective State
and local policies and practices that lead to significant
improvement in outcomes for all students, and the elimination
of those policies and practices that are not effective in
improving student outcomes.

``SEC. 6302. RESERVATION OF FUNDS.

``(a) Reservation.--From the amount made available to carry
out this part for a fiscal year, the Secretary may reserve
not more than 10 percent of such amount to carry out
activities related to--
``(1) technical assistance;
``(2) outreach and dissemination; and
``(3) prize awards made in accordance with section 24 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719).
``(b) Availability of Funds.--Notwithstanding any other
provision of law, funds for prize awards under subsection
(a)(3) shall remain available until expended.

``SEC. 6303. PROGRAM AUTHORIZED.

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

``SEC. 6304. APPLICATIONS.

``(a) Applications.--Each State or local educational agency
that desires to receive a grant under this part shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may
reasonably require. At a minimum, each such application shall
include--
``(1) documentation of the applicant's record, as
applicable--
``(A) in increasing student achievement, including for all
subgroups described in section 1111(b)(2)(C)(v)(II);
``(B) in decreasing achievement gaps, including for all
subgroups described in section 1111(b)(2)(C)(v)(II);
``(C) in increasing secondary school graduation rates,
including for all subgroups described in section
1111(b)(2)(C)(v)(II);
``(D) in increasing postsecondary education enrollment and
persistence rates, including for all subgroups described in
section 1111(b)(2)(C)(v)(II); and
``(E) with respect to any other performance measure
described in section 6305 that is not included in
subparagraphs (A) through (D);
``(2) evidence of conditions of innovation and reform that
the applicant has established and the applicant's proposed
plan for implementing additional conditions for innovation
and reform, including--
``(A) a description of how the applicant has identified and
eliminated ineffective practices in the past and the
applicant's plan for doing so in the future;
``(B) a description of how the applicant has identified and
promoted effective practices in the past and the applicant's
plan for doing so in the future; and
``(C) steps the applicant has taken and will take to
eliminate statutory, regulatory, procedural, or other
barriers and to facilitate the full implementation of the
proposed plan under this paragraph;
``(3) a comprehensive and coherent plan for using funds
under this part, and other Federal, State, and local funds,
to improve the applicant's performance on the measures
described in section 6305, consistent with criteria set forth
by the Secretary, including how the applicant will, if
applicable--
``(A) improve the effectiveness of teachers and school
leaders, and promote equity in the distribution of effective
teachers and school leaders, in order to ensure that low-
income and minority children are not taught by ineffective
teachers, and are not in schools led by ineffective leaders,
at higher rates than other children;
``(B) strengthen the use of high-quality and timely data to
improve instructional practices, policies, and student
outcomes, including teacher evaluations;
``(C) implement internationally benchmarked, college- and
career-ready elementary and secondary academic standards,
including in the areas of assessment, instructional
materials, professional development, and strategies that
translate the standards into classroom practice;
``(D) turn around the persistently lowest-achieving
elementary schools and secondary schools served by the
applicant;
``(E) support or coordinate with early learning programs
for high-need children from birth through grade 3 to improve
school readiness and ensure that students complete grade 3 on
track for school success; and
``(F) create or maintain successful conditions for high-
performing charter schools and other innovative, autonomous
public schools;
``(4)(A) in the case of an applicant that is a State--
``(i) evidence of collaboration between the State, its
local educational agencies, schools (as appropriate),
parents, teachers, and other stakeholders, in developing the
plan described in paragraph (3), including evidence of the
commitment and capacity to implement the plan; and
``(ii)(I) the names of the local educational agencies the
State has selected to participate in carrying out the plan;
or
``(II) a description of how the State will select local
educational agencies to participate in carrying out the plan;
or
``(B) in the case of an applicant that is a local
educational agency, evidence of collaboration between the
local educational agency, schools, parents, teachers, and
other stakeholders, in developing the plan described in
paragraph (3), including evidence of the commitment and
capacity to implement the plan;
``(5) the applicant's annual performance measures and
targets, consistent with the requirements of section 6305;
and
``(6) a description of the applicant's plan to conduct a
rigorous evaluation of the effectiveness of activities
carried out with funds under this part.
``(b) Criteria for Evaluating Applications.--
``(1) Award basis.--The Secretary shall award grants under
this part on a competitive basis, based on the quality of the
applications submitted under subsection (a), including--
``(A) each applicant's record in the areas described in
subsection (a)(1);
``(B) each applicant's record of, and commitment to,
establishing conditions for innovation and reform, as
described in subsection (a)(2);
``(C) the quality and likelihood of success of each
applicant's plan described in subsection (a)(3) in showing
improvement in the areas described in subsection (a)(1),
including each applicant's capacity to implement the plan and
evidence of collaboration as described in subsection (a)(4);
and
``(D) each applicant's evaluation plan as described in
subsection (a)(6).
``(2) Explanation.--The Secretary shall publish an
explanation of how the application review process under this
section will ensure an equitable and objective evaluation
based on the criteria described in paragraph (1).
``(c) Priority.--In awarding grants to local educational
agencies under this part, the Secretary shall give priority
to--
``(1) local educational agencies with the highest numbers
or percentages of children from families with incomes below
the poverty line; and
``(2) local educational agencies that serve schools
designated with a school locale code of 41, 42, or 43.

``SEC. 6305. PERFORMANCE MEASURES.

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

[[Page S2525]]

``(F) making progress on any other measures identified by
the Secretary.

``SEC. 6306. USES OF FUNDS.

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

``SEC. 6307. REPORTING.

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

``SEC. 6308. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to carry out this
part $1,350,000,000 for fiscal year 2012 and such sums as may
be necessary for each of the 5 succeeding fiscal years.''.
(b) Conforming Amendments.--The table of contents for the
Elementary and Secondary Education Act of 1965 (20 U.S.C.7301
et seq.) is amended--
(1) by striking the items relating to part C of title VI;
and
(2) by inserting after the item relating to section 6234
the following:

``Part C--Race to the Top

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

``Part D--General Provisions

``Sec. 6401. Prohibition against Federal mandates, direction, or
control.
``Sec. 6402. Rule of construction on equalized spending.''.
______

By Mr. DURBIN (for himself, Mr. Casey, Mr. Menendez, Mr.
Lautenberg, and Mrs. Gillibrand):
S. 850. A bill to provide for enhanced treatment, support, services,
and research for individuals with autism spectrum disorders and their
families; to the Committee on Health, Education, Labor, and Pensions.
Mr. DURBIN. Mr. President, the month of April is set aside as Autism
Awareness Month. This is a time when people and families affected by
autism raise awareness about the challenges people with autism face. I
am proud today to introduce with my colleagues Senators Casey,
Menendez, Lautenberg, and Gillibrand the Autism Services and Workforce
Acceleration Act of 2011, which authorizes federal funding for
services, treatment, support, and research on autism spectrum
disorders.
Everywhere I go in Illinois, I meet people whose lives have been
affected by autism. My office receives hundreds of letters and phone
calls each year from Illinoisans asking Congress to do something to
help with the burden that autism brings, and we are hearing from more
and more families every year.
Nationally, 1 out of every 110 children has autism. Autism affects
children and families physically, psychologically, socially, and
financially. It is often a major factor contributing to severe family
financial difficulties, marital and family disruption, parental
overburden that may lead to neglect and other developmental delays in
siblings, as well as educational and employment challenges throughout
the autistic person's life cycle.
Unfortunately, parents are not only worried about getting the
services they need for their autistic children when they are young.
Parents must worry about how to care for their children as they mature
into adults. I met two concerned parents from Illinois whose 20-year-
old son is profoundly affected by autism and has struggled with major
behavioral problems. He was in a special education program at school,
but his teachers didn't know how to deal with his behavioral problems
and he was suspended on numerous occasions. Eventually, his parents
found a school that was a better fit and his behavior improved. He is
doing well now, but when he turns 22 he will no longer be eligible for
services through the public school system. They are trying to find a
place for him in a day program for adults with autism, but there are
not enough of these programs, and the waitlists are long. These parents
love their son, but worry every day about what will happen to him when
they are too old to care for him.
Across the country people with autism confront a precipitous drop in
services after early adulthood. We need to help people with autism
achieve their full potential by ensuring they can access to vital
services that enhance their quality of life. This bill includes a
provision that helps youth and adults with autism access essential
post-secondary education, vocational training, employment, housing,
transportation, and health services.
During the 109th Congress, I cosponsored the Combating Autism Act,
which was signed into law in December 2006. That bill called on the
Federal Government to increase research into the causes and treatment
of autism and to improve training and support for individuals with
autism and their caretakers.
The legislature in my home State of Illinois has also listened to the
voices of the 26,000 families in the state living with autism. In
response to the overwhelming cost of autism-related services, the State
passed legislation signed into law in December 2008, requiring health
plans to provide coverage for the diagnosis and treatment of autism.
It is time now for the Federal Government to renew and build upon the
commitments it has already made to help the millions of families across
the nation struggling with autism.
My legislation would support these individuals and families in
several ways.
First, the legislation creates a demonstration project to develop
Autism Care Programs. These programs are designed to increase access to
quality health care services and promote communication among health
care providers, educators, and other service providers. Families who
choose to access services through these programs would be able to
designate a personal care coordinator as a source of contact for their
family. This personal care coordinator would help to refer and
coordinate a full array of medical, behavioral, mental health,
educational and family care services to individuals and families in a
single location.
Next, the bill authorizes a grant program to provide services to
youth and adults with autism. These services include post-secondary
education, vocational and self advocacy skills, employment, residential
services, health and wellness, recreational and social activities,
transportation, and personal safety. These services will help youth and
adults with autism live as independently as possible and improve their
quality of life. With the increasing number of children diagnosed with
autism, these services will only become more important over time.
The bill authorizes grants to develop a national multimedia campaign
to increase public education and awareness about healthy developmental
milestones and autism throughout the lifespan. These campaigns will be
targeted to general public audience and professional groups such as
medical, criminal justice, or emergency professions.
Finally, it creates a national training initiative on autism and a
technical assistance center to develop and expand interdisciplinary
training and continuing education on autism spectrum disorders.
Taken together, these initiatives would go an enormous way in
supporting and improving the lives of individuals with autism and their
families.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.

[[Page S2526]]

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

S. 850

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 ``Autism
Services and Workforce Acceleration Act of 2011''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Parental rights rule of construction.
Sec. 4. Definitions; technical amendment to the Public Health Service
Act.
Sec. 5. Autism Care Programs Demonstration Project.
Sec. 6. Planning and demonstration grants for services for
transitioning youth and adults.
Sec. 7. Multimedia campaign.
Sec. 8. National training initiatives on autism spectrum disorders.
Sec. 9. Authorization of appropriations.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) Autism (sometimes called ``classical autism'') is the
most common condition in a group of developmental disorders
known as autism spectrum disorders.
(2) Autism spectrum disorders include autism as well as
Asperger syndrome, Retts syndrome, childhood disintegrative
disorder, and pervasive developmental disorder not otherwise
specified (usually referred to as PDD-NOS), as well as other
related developmental disorders.
(3) Individuals with autism spectrum disorders have the
same rights as other individuals to exert control and choice
over their own lives, to live independently, and to
participate fully in, and contribute to, their communities
and society through full integration and inclusion in the
economic, political, social, cultural, and educational
mainstream of society. Individuals with autism spectrum
disorders have the right to a life with dignity and purpose.
(4) While there is no uniform prevalence or severity of
symptoms associated with autism spectrum disorders, the
National Institutes of Health has determined that autism
spectrum disorders are characterized by 3 distinctive
behaviors: impaired social interaction, problems with verbal
and nonverbal communication, and unusual, repetitive, or
severely limited activities and interests.
(5) Both children and adults with autism spectrum disorders
can show difficulties in verbal and nonverbal communication,
social interactions, and sensory processing. Individuals with
autism spectrum disorders exhibit different symptoms or
behaviors, which may range from mild to significant, and
require varying degrees of support from friends, families,
service providers, and communities.
(6) Individuals with autism spectrum disorders often need
assistance in the areas of comprehensive early intervention,
health, recreation, job training, employment, housing,
transportation, and early, primary, and secondary education.
Greater coordination and streamlining within the service
delivery system will enable individuals with autism spectrum
disorders and their families to access assistance from all
sectors throughout an individual's lifespan.
(7) A 2009 report from the Centers for Disease Control and
Prevention found that the prevalence of autism spectrum
disorders is estimated to be 1 in 110 people in the United
States.
(8) The Harvard School of Public Health reported that the
cost of caring for and treating individuals with autism
spectrum disorders in the United States is more than
$35,000,000,000 annually (an estimated $3,200,000 over an
individual's lifetime).
(9) Although the overall incidence of autism is consistent
around the globe, researchers with the Journal of Paediatrics
and Child Health have found that males are 4 times more
likely to develop an autism spectrum disorder than females.
Autism spectrum disorders know no racial, ethnic, or social
boundaries, nor differences in family income, lifestyle, or
educational levels, and can affect any child.
(10) Individuals with autism spectrum disorders from low-
income, rural, and minority communities often face
significant obstacles to accurate diagnosis and necessary
specialized services, supports, and education.
(11) There is strong consensus within the research
community that intensive treatment as soon as possible
following diagnosis not only can reduce the cost of lifelong
care by two-thirds, but also yields the most positive life
outcomes for children with autism spectrum disorders.
(12) Individuals with autism spectrum disorders and their
families experience a wide range of medical issues. Few
common standards exist for the diagnosis and management of
many aspects of clinical care. Behavioral difficulties may be
attributed to the overarching disorder rather than to the
pain and discomfort of a medical condition, which may go
undetected and untreated. The health care and other
treatments available in different communities can vary
widely. Many families, lacking access to comprehensive and
coordinated health care, must fend for themselves to find the
best health care, treatments, and services in a complex
clinical world.
(13) Effective health care, treatment, and services for
individuals with autism spectrum disorders depends upon a
continuous exchange among researchers and caregivers.
Evidence-based and promising autism practices should move
quickly into communities, allowing individuals with autism
spectrum disorders and their families to benefit from the
newest research and enabling researchers to learn from the
life experiences of the people whom their work most directly
affects.
(14) There is a critical shortage of appropriately trained
personnel across numerous important disciplines who can
assess, diagnose, treat, and support children and adults with
autism spectrum disorders and their families. Practicing
professionals, as well as those in training to become
professionals, need the most up-to-date practices informed by
the most current research findings.
(15) The appropriate goals of the Nation regarding
individuals with autism spectrum disorder are the same as the
appropriate goals of the Nation regarding individuals with
disabilities in general, as established in the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.): to assure
equality of opportunity, full participation, independent
living, and economic self-sufficiency for such individuals.
(16) Finally, individuals with autism spectrum disorders
are often denied health care benefits solely because of their
diagnosis, even though proven, effective treatments for
autism spectrum disorders do exist.

SEC. 3. PARENTAL RIGHTS RULE OF CONSTRUCTION.

Nothing in this Act shall be construed to modify the legal
rights of parents or legal guardians under Federal, State, or
local law regarding the care of their children.

SEC. 4. DEFINITIONS; TECHNICAL AMENDMENT TO THE PUBLIC HEALTH
SERVICE ACT.

Part R of title III of the Public Health Service Act (42
U.S.C. 280i et seq.) is amended--
(1) by inserting after the header for part R the following:

``Subpart 1--Surveillance and Research Program; Education, Early
Detection, and Intervention; and Reporting'';

(2) in section 399AA(d), by striking ``part'' and inserting
``subpart''; and
(3) by adding at the end the following:

``Subpart 2--Care for People With Autism Spectrum Disorders; Public
Education

``SEC. 399GG. DEFINITIONS.

``Except as otherwise provided, in this subpart:
``(1) Adult with autism spectrum disorder.--The term `adult
with autism spectrum disorder' means an individual with an
autism spectrum disorder who has attained 22 years of age.
``(2) Affected individual.--The term `affected individual'
means an individual with an autism spectrum disorder.
``(3) Autism.--The term `autism' means an autism spectrum
disorder or a related developmental disability.
``(4) Autism care program.--In this subpart, the term
`autism care program' means a program that is directed by a
care coordinator who is an expert in autism spectrum disorder
treatment and practice and provides an array of medical,
psychological, behavioral, educational, and family services
to individuals with autism and their families. Such a program
shall--
``(A) incorporate the attributes of the care management
model;
``(B) offer, through an array of services or through
detailed referral and coordinated care arrangements, an
autism management team of appropriate providers, including
behavioral specialists, physicians, psychologists, social
workers, family therapists, nurse practitioners, nurses,
educators, and other appropriate personnel; and
``(C) have the capability to achieve improvements in the
management and coordination of care for targeted
beneficiaries.
``(5) Autism management team.--The term `autism management
team' means a group of autism care providers, including
behavioral specialists, physicians, psychologists, social
workers, family therapists, nurse practitioners, nurses,
educators, other appropriate personnel, and family members
who work in a coordinated manner to treat individuals with
autism spectrum disorders and their families. Such team shall
determine the specific structure and operational model of its
specific autism care program, taking into consideration
cultural, regional, and geographical factors.
``(6) Autism spectrum disorder.--The term `autism spectrum
disorder' means a developmental disability that causes
substantial impairments in the areas of social interaction,
emotional regulation, communication, and the integration of
higher-order cognitive processes and which may be
characterized by the presence of unusual behaviors and
interests. Such term includes autistic disorder, pervasive
developmental disorder (not otherwise specified), Asperger
syndrome, Retts disorder, childhood disintegrative disorder,
and other related developmental disorders.
``(7) Care management model.--The term `care management
model' means a model of care that with respect to autism--
``(A) is centered on the relationship between an individual
with an autism spectrum disorder and his or her family and
their personal autism care coordinator;

[[Page S2527]]

``(B) provides services to individuals with autism spectrum
disorders to improve the management and coordination of care
provided to individuals and their families; and
``(C) has established, where practicable, effective
referral relationships between the autism care coordinator
and the major medical, educational, and behavioral
specialties and ancillary services in the region.
``(8) Child with autism spectrum disorder.--The term `child
with autism spectrum disorder' means an individual with an
autism spectrum disorder who has not attained 22 years of
age.
``(9) Interventions.--The term `interventions' means the
educational methods and positive behavioral support
strategies designed to improve or ameliorate symptoms
associated with autism spectrum disorders.
``(10) Personal care coordinator.--The term `personal care
coordinator' means a physician, nurse, nurse practitioner,
psychologist, social worker, family therapist, educator, or
other appropriate personnel (as determined by the Secretary)
who has extensive expertise in treatment and services for
individuals with autism spectrum disorders, who--
``(A) practices in an autism care program; and
``(B) has been trained to coordinate and manage
comprehensive autism care for the whole person.
``(11) Project.--The term `project' means the autism care
program demonstration project established under section
399GG-1.
``(12) Services.--The term `services' means services to
assist individuals with autism spectrum disorders to live
more independently in their communities and to improve their
quality of life.
``(13) Treatments.--The term `treatments' means the health
services, including mental health and behavioral therapy
services, designed to improve or ameliorate symptoms
associated with autism spectrum disorders.''.

SEC. 5. AUTISM CARE PROGRAMS DEMONSTRATION PROJECT.

Part R of title III of the Public Health Service Act (42
U.S.C. 280i), as amended by section 4, is further amended by
adding at the end the following:

``SEC. 399GG-1. AUTISM CARE PROGRAMS DEMONSTRATION PROJECT.

``(a) In General.--Not later than 1 year after the date of
enactment of the Autism Services and Workforce Acceleration
Act of 2011, the Secretary, acting through the Administrator
of the Health Resources and Services Administration, shall
establish a demonstration project for the implementation of
an Autism Care Program (referred to in this section as the
`Program') to provide grants and other assistance to improve
the effectiveness and efficiency in providing comprehensive
care to individuals diagnosed with autism spectrum disorders
and their families.
``(b) Goals.--The Program shall be designed--
``(1) to increase--
``(A) comprehensive autism spectrum disorder care delivery;
``(B) access to appropriate health care services,
especially wellness and prevention care, at times convenient
for individuals;
``(C) satisfaction of individuals with autism spectrum
disorders;
``(D) communication among autism spectrum disorder health
care providers, behaviorists, educators, specialists,
hospitals, and other autism spectrum disorder care providers;
``(E) academic progress of students with autism spectrum
disorders;
``(F) successful transition to postsecondary education,
vocational or job training and placement, and comprehensive
adult services for individuals with autism spectrum
disorders, focusing in particular upon the transitional
period for individuals between the ages of 18 and 25;
``(G) the quality of health care services, taking into
account nationally developed standards and measures;
``(H) development, review, and promulgation of common
clinical standards and guidelines for medical care to
individuals with autism spectrum disorders;
``(I) development of clinical research projects to support
clinical findings in a search for recommended practices; and
``(J) the quality of life of individuals with autism
spectrum disorders, including communication abilities, social
skills, community integration, self-determination, and
employment and other related services; and
``(2) to decrease--
``(A) inappropriate emergency room utilization;
``(B) avoidable hospitalizations;
``(C) the duplication of health care services;
``(D) the inconvenience of multiple provider locations;
``(E) health disparities and inequalities that individuals
with autism spectrum disorders face; and
``(F) preventable and inappropriate involvement with the
juvenile and criminal justice systems.
``(c) Eligible Entities.--To be eligible to receive
assistance under the Program, an entity shall--
``(1) be a State or a public or private nonprofit entity;
``(2) coordinate activities with the applicable University
Centers for Excellence in Developmental Disabilities, the
Council on Developmental Disabilities, and the Protection and
Advocacy System;
``(3) demonstrate a capacity to provide services to
individuals with developmental disabilities and autism
spectrum disorder;
``(4) agree to establish and implement treatments,
interventions, and services that--
``(A) enable targeted beneficiaries to designate a personal
care coordinator to be their source of first contact and to
recommend comprehensive and coordinated care for the whole of
the individual;
``(B) provide for the establishment of a coordination of
care committee that is composed of clinicians and
practitioners trained in and working in autism spectrum
disorder intervention;
``(C) establish a network of physicians, psychologists,
family therapists, behavioral specialists, social workers,
educators, and health centers that have volunteered to
participate as consultants to patient-centered autism care
programs to provide high-quality care, focusing on autism
spectrum disorder care, at the appropriate times and places
and in a cost-effective manner;
``(D) work in cooperation with hospitals, local public
health departments, and the network of patient-centered
autism care programs, to coordinate and provide health care;
``(E) utilize health information technology to facilitate
the provision and coordination of health care by network
participants; and
``(F) collaborate with other entities to further the goals
of the program, particularly by collaborating with entities
that provide transitional adult services to individuals
between the ages of 18 and 25 with autism spectrum disorder,
to ensure successful transition of such individuals to
adulthood; and
``(5) submit to the Secretary an application, at such time,
in such manner, and containing such information as the
Secretary may require, including--
``(A) a description of the treatments, interventions, or
services that the eligible entity proposes to provide under
the Program;
``(B) a demonstration of the capacity of the eligible
entity to provide or establish such treatments,
interventions, and services within such entity;
``(C) a description of the treatments, interventions, or
services that are available to individuals with autism in the
State;
``(D) a description of the gaps in services that exist in
different geographic segments of the State;
``(E) a demonstration of the capacity of the eligible
entity to monitor and evaluate the outcomes of the
treatments, interventions, and services described in
subparagraph (A);
``(F) estimates of the number of individuals and families
who will be served by the eligible entity under the Program,
including an estimate of the number of such individuals and
families in medically underserved areas;
``(G) a description of the ability of the eligible entity
to enter into partnerships with community-based or nonprofit
providers of treatments, interventions, and services, which
may include providers that act as advocates for individuals
with autism spectrum disorders and local governments that
provide services for individuals with autism spectrum
disorders at the community level;
``(H) a description of the ways in which access to such
treatments and services may be sustained following the
Program period;
``(I) a description of the ways in which the eligible
entity plans to collaborate with other entities to develop
and sustain an effective protocol for successful transition
from children's services to adult services for individuals
with autism spectrum disorder, particularly for individuals
between the ages of 18 and 25; and
``(J) a description of the compliance of the eligible
entity with the integration requirement provided under
section 302 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12182).
``(d) Grants.--The Secretary shall award 3-year grants to
eligible entities whose applications are approved under
subsection (c). Such grants shall be used to--
``(1) carry out a program designed to meet the goals
described in subsection (b) and the requirements described in
subsection (c); and
``(2) facilitate coordination with local communities to be
better prepared and positioned to understand and meet the
needs of the communities served by autism care programs.
``(e) Advisory Councils.--
``(1) In general.--Each recipient of a grant under this
section shall establish an autism care program advisory
council, which shall advise the autism care program regarding
policies, priorities, and services.
``(2) Membership.--Each recipient of a grant shall appoint
members of the recipient's advisory council, which shall
include a variety of autism care program service providers,
individuals from the public who are knowledgeable about
autism spectrum disorders, individuals receiving services
through the Program, and family members of such individuals.
At least 60 percent of the membership shall be comprised of
individuals who have received, or are receiving, services
through the Program or who are family members of such
individuals.
``(3) Chairperson.--The recipient of a grant shall appoint
a chairperson to the advisory council of the recipient's
autism care program who shall be--
``(A) an individual with autism spectrum disorder who has
received, or is receiving, services through the Program; or
``(B) a family member of such an individual.

[[Page S2528]]

``(f) Evaluation.--The Secretary shall enter into a
contract with an independent third-party organization with
expertise in evaluation activities to conduct an evaluation
and, not later than 180 days after the conclusion of the 3-
year grant program under this section, submit a report to the
Secretary, which may include measures such as whether and to
what degree the treatments, interventions, and services
provided through the Program have resulted in improved
health, educational, employment, and community integration
outcomes for individuals with autism spectrum disorders, or
other measures, as the Secretary determines appropriate.
``(g) Administrative Expenses.--Of the amounts appropriated
to carry out this section, the Secretary shall allocate not
more than 7 percent for administrative expenses, including
the expenses related to carrying out the evaluation described
in subsection (f).
``(h) Supplement Not Supplant.--Amounts provided to an
entity under this section shall be used to supplement, not
supplant, amounts otherwise expended for existing treatments,
interventions, and services for individuals with autism
spectrum disorders.''.

SEC. 6. PLANNING AND DEMONSTRATION GRANTS FOR SERVICES FOR
TRANSITIONING YOUTH AND ADULTS.

Part R of title III of the Public Health Service Act (42
U.S.C. 280i), as amended by section 5, is further amended by
adding at the end the following:

``SEC. 399GG-2. PLANNING AND DEMONSTRATION GRANTS FOR
SERVICES FOR TRANSITIONING YOUTH AND ADULTS.

``(a) In General.--
``(1) Establishment.--The Secretary shall establish the
grants described in paragraph (2) in order to enable selected
eligible entities to provide appropriate services--
``(A) to youth with autism spectrum disorders who are
transitioning from secondary education to careers or
postsecondary education (referred to in this section as
`transitioning youth'); and
``(B) to adults with autism spectrum disorders, including
individuals who are typically underserved, to enable such
individuals to be as independent as possible.
``(2) Grants.--The grants described in this paragraph are--
``(A) a one-time, single-year planning grant program for
eligible entities; and
``(B) a multiyear service provision demonstration grant
program for selected eligible entities.
``(b) Purpose of Grants.--Grants shall be awarded to
eligible entities to provide all or part of the funding
needed to carry out programs that focus on critical aspects
of life for transitioning youth and adults with autism
spectrum disorders, such as--
``(1) postsecondary education, vocational training, self-
advocacy skills, and employment;
``(2) residential services and supports, housing, and
transportation;
``(3) nutrition, health and wellness, recreational and
social activities; and
``(4) personal safety and the needs of individuals with
autism spectrum disorders who become involved with the
criminal justice system.
``(c) Eligible Entity.--An eligible entity desiring to
receive a grant under this section shall be a State or other
public or private nonprofit organization, including an autism
care program.
``(d) Planning Grants.--
``(1) In general.--The Secretary shall award one-time
grants to eligible entities to support the planning and
development of initiatives that will expand and enhance
service delivery systems for transitioning youth and adults
with autism spectrum disorders.
``(2) Application.--In order to receive such a grant, an
eligible entity shall--
``(A) submit an application at such time and containing
such information as the Secretary may require; and
``(B) demonstrate the ability to carry out such planning
grant in coordination with the State Developmental
Disabilities Council and organizations representing or
serving individuals with autism spectrum disorders and their
families.
``(e) Implementation Grants.--
``(1) In general.--The Secretary shall award grants to
eligible entities that have received a planning grant under
subsection (d) to enable such entities to provide appropriate
services to transitioning youth and adults with autism
spectrum disorders.
``(2) Application.--In order to receive a grant under
paragraph (1), the eligible entity shall submit an
application at such time and containing such information as
the Secretary may require, including--
``(A) the services that the eligible entity proposes to
provide and the expected outcomes for individuals with autism
spectrum disorders who receive such services;
``(B) the number of individuals and families who will be
served by such grant, including an estimate of the
individuals and families in underserved areas who will be
served by such grant;
``(C) the ways in which services will be coordinated among
both public and nonprofit providers of services for
transitioning youth and adults with disabilities, including
community-based services;
``(D) where applicable, the process through which the
eligible entity will distribute funds to a range of
community-based or nonprofit providers of services, including
local governments, and such entity's capacity to provide such
services;
``(E) the process through which the eligible entity will
monitor and evaluate the outcome of activities funded through
the grant, including the effect of the activities upon adults
with autism spectrum disorders who receive such services;
``(F) the plans of the eligible entity to coordinate and
streamline transitions from youth to adult services;
``(G) the process by which the eligible entity will ensure
compliance with the integration requirement provided under
section 302 of the Americans With Disabilities Act of 1990
(42 U.S.C. 12182); and
``(H) a description of how such services may be sustained
following the grant period.
``(f) Evaluation.--The Secretary shall contract with a
third-party organization with expertise in evaluation to
evaluate such demonstration grant program and, not later than
180 days after the conclusion of the grant program under
subsection (e), submit a report to the Secretary. The
evaluation and report may include an analysis of whether and
to what extent the services provided through the grant
program described in this section resulted in improved
health, education, employment, and community integration
outcomes for adults with autism spectrum disorders, or other
measures, as the Secretary determines appropriate.
``(g) Administrative Expenses.--Of the amounts appropriated
to carry out this section, the Secretary shall set aside not
more than 7 percent for administrative expenses, including
the expenses related to carrying out the evaluation described
in subsection (f).
``(h) Supplement, Not Supplant.--Demonstration grant funds
provided under this section shall supplement, not supplant,
existing treatments, interventions, and services for
individuals with autism spectrum disorders.''.

SEC. 7. MULTIMEDIA CAMPAIGN.

Part R of title III of the Public Health Service Act (42
U.S.C. 280i), as amended by section 6, is further amended by
adding at the end the following:

``SEC. 399GG-3. MULTIMEDIA CAMPAIGN.

``(a) In General.--The Secretary, in order to enhance
existing awareness campaigns and provide for the
implementation of new campaigns, shall award grants to public
and nonprofit private entities for the purpose of carrying
out multimedia campaigns to increase public education and
awareness and reduce stigma concerning--
``(1) healthy developmental milestones for infants and
children that may assist in the early identification of the
signs and symptoms of autism spectrum disorders; and
``(2) autism spectrum disorders through the lifespan and
the challenges that individuals with autism spectrum
disorders face, which may include transitioning into
adulthood, securing appropriate job training or postsecondary
education, securing and holding jobs, finding suitable
housing, interacting with the correctional system, increasing
independence, and attaining a good quality of life.
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
``(1) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require; and
``(2) provide assurance that the multimedia campaign
implemented under such grant will provide information that is
tailored to the intended audience, which may be a diverse
public audience or a specific audience, such as health
professionals, criminal justice professionals, or emergency
response professionals.''.

SEC. 8. NATIONAL TRAINING INITIATIVES ON AUTISM SPECTRUM
DISORDERS.

Part R of title III of the Public Health Service Act (42
U.S.C. 280i), as amended by section 7, is further amended by
adding at the end the following:

``SEC. 399GG-4. NATIONAL TRAINING INITIATIVES ON AUTISM
SPECTRUM DISORDERS.

``(a) National Training Initiative Supplemental Grants.--
``(1) In general.--The Secretary shall award multiyear
national training initiative supplemental grants to eligible
entities so that such entities may provide training and
technical assistance and to disseminate information, in order
to enable such entities to address the unmet needs of
individuals with autism spectrum disorders and their
families.
``(2) Eligible entity.--To be eligible to receive
assistance under this section an entity shall--
``(A) be a public or private nonprofit entity, including
University Centers for Excellence in Developmental
Disabilities and other service, training, and academic
entities; and
``(B) submit an application as described in paragraph (3).
``(3) Requirements.--An eligible entity that desires to
receive a grant under this paragraph shall submit to the
Secretary an application containing such agreements and
information as the Secretary may require, including
agreements that the training program shall--
``(A) provide training and technical assistance in
evidence-based practices of effective interventions,
services, treatments, and supports to children and adults on
the autism spectrum and their families, and evaluate the
implementation of such practices;

[[Page S2529]]

``(B) provide trainees with an appropriate balance of
interdisciplinary academic and community-based experiences;
``(C) have a demonstrated capacity to include individuals
with autism spectrum disorders, parents, and family members
as part of the training program to ensure that a person and
family-centered approach is used;
``(D) provide to the Secretary, in the manner prescribed by
the Secretary, data regarding the outcomes of the provision
of training and technical assistance;
``(E) demonstrate a capacity to share and disseminate
materials and practices that are developed and evaluated to
be effective in the provision of training and technical
assistance; and
``(F) provide assurances that training, technical
assistance, and information dissemination performed under
grants made pursuant to this paragraph shall be consistent
with the goals established under already existing disability
programs authorized under Federal law and conducted in
coordination with other relevant State agencies and service
providers.
``(4) Activities.--An entity that receives a grant under
this section shall expand and develop interdisciplinary
training and continuing education initiatives for health,
allied health, and educational professionals by engaging in
the following activities:
``(A) Promoting and engaging in training for health, allied
health, and educational professionals to identify, diagnose,
and develop interventions for individuals with, or at risk of
developing, autism spectrum disorders.
``(B) Expanding the availability of training and
dissemination of information regarding effective, lifelong
interventions, educational services, and community supports.
``(C) Providing training and technical assistance in
collaboration with relevant State, regional, or national
agencies, institutions of higher education, and advocacy
groups or community-based service providers, including health
and allied health professionals, employment providers, direct
support professionals, emergency first responder personnel,
and law enforcement officials.
``(D) Developing mechanisms to provide training and
technical assistance, including for-credit courses, intensive
summer institutes, continuing education programs, distance-
based programs, and web-based information dissemination
strategies.
``(E) Collecting data on the outcomes of training and
technical assistance programs to meet statewide needs for the
expansion of services to children with autism spectrum
disorders and adults with autism spectrum disorders.
``(b) Technical Assistance.--The Secretary shall reserve 2
percent of the appropriated funds to make a grant to a
national organization with demonstrated capacity for
providing training and technical assistance to the entities
receiving grants under subsection (a) to enable such entities
to--
``(1) assist in national dissemination of specific
information, including evidence-based and promising best
practices, from interdisciplinary training programs, and when
appropriate, other entities whose findings would inform the
work performed by entities awarded grants;
``(2) compile and disseminate strategies and materials that
prove to be effective in the provision of training and
technical assistance so that the entire network can benefit
from the models, materials, and practices developed in
individual programs;
``(3) assist in the coordination of activities of grantees
under this section;
``(4) develop an Internet web portal that will provide
linkages to each of the individual training initiatives and
provide access to training modules, promising training, and
technical assistance practices and other materials developed
by grantees;
``(5) convene experts from multiple interdisciplinary
training programs and individuals with autism spectrum
disorders and their families to discuss and make
recommendations with regard to training issues related to the
assessment, diagnosis of, treatment, interventions and
services for, children and adults with autism spectrum
disorders; and
``(6) undertake any other functions that the Secretary
determines to be appropriate.
``(c) Supplement Not Supplant.--Amounts provided under this
section shall be used to supplement, not supplant, amounts
otherwise expended for existing network or organizational
structures.''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated for fiscal years
2012 through 2016 such sums as may be necessary to carry out
this Act.
______

By Mr. HARKIN (for himself, Mr. Bingaman, Mr. Bennet, Mr.
Franken, Mr. Brown of Ohio, and Mrs. Gillibrand):
S. 851. A bill to establish expanded learning time initiatives, and
for other purposes; to the Committee on Health, Education, Labor, and
Pensions.
Mr. HARKIN. Mr. President, as we seek to ensure that our students
have the knowledge and skills they need to succeed in college and
careers, we must revisit how learning time is structured to help them
meet the ever-rising expectations and ever-growing demands of the 21st
century global economy. The Time for Innovation Matters in Education
Act, or TIME Act, would provide high-need schools with the resources
they need to expand the school day, week, or year so students have more
time to learn. By providing additional time for more in-depth and
rigorous learning opportunities in core and other academic subjects, as
well as enrichment activities that contribute to a well-rounded
education, we can increase students' academic engagement and outcomes
to help close our nation's achievement gap. That is why I am pleased to
introduce this legislation, which my colleague Rep. Donald Payne will
introduce in the House, today.
Under our present school calendar, most American students spend 6
hours a day for 180 days in school each year. This outdated calendar
was designed to meet the needs of a farm- and factory-based economy in
the early 20th century, and fails to provide students with the learning
time needed to complete a rigorous curriculum and meet high standards.
In fact, American students spend about 30 percent less time in school
than students in other leading nations, leaving American students at a
competitive disadvantage. For example, students in China, Japan, and
South Korea attend school 40 days more on average than American
students and significantly outperform American students on average in
math and science. To strengthen our competitiveness and remain a global
leader, we must increase how much learning time we provide our
students, especially our at-risk students.
The TIME Act would give schools the flexibility to comprehensively
redesign and expand their schedules and increase learning time by at
least 30 percent to meet students' diverse academic needs and
interests. The TIME Act's goal is not merely to encourage schools to
add more time at the end of the day, but to take a close look at how
they use their time and to redesign the entire school schedule to
create a program or curriculum with teaching and learning opportunities
to better meet students' needs. This legislation encourages strong
partnerships between schools and community partners such as community-
based organizations, institutions of higher education, and cultural
organizations to help provide students with a broader and richer
learning experience, which should include music, fine arts, and
physical education--important pursuits that all too often lose ground
in our schools due to a focus on reading and math.
Many schools around the country have expanded learning time in their
calendars with promising results, such as Boston's Clarence Edwards
Middle School, which was one of the lowest-performing schools just a
few years ago. But in only three years of expanded learning time,
dedicated school leaders and teachers were able to redesign and
transform the school into one of the city's and state's highest-
performing schools. Students, particularly those who are furthest
behind, benefit from more time for learning, and programs that
significantly increase the total number of hours in a regular school
schedule lead to gains in student academic achievement. In 2006,
minority students and students with disabilities in Clarence Edwards
scored far below the state averages in English and math, and while
English language learners met state averages in math, none were
proficient in English. By 2009, every subgroup met or outperformed
state averages, in most cases by wide margins.
According to research, expanded learning time is especially important
for our high-need students. Students in disadvantaged families show a
drop-off in learning over long summer recesses compared to their
higher-income classmates, and they fall farther behind each year. These
students are also less likely to have parents with the time and
resources to help them with their school work. Expanded learning time
can help these students accelerate gains and catch up on their learning
gaps by expanding the school year and shortening summer recess. In
addition to those at risk of falling behind, more time for learning
helps students who are on grade level get ahead by providing additional
time for enrichment and a broader curriculum. Additional time also
enables more students to participate in experiential and interactive
learning, internships, and other work-

[[Page S2530]]

based and service learning opportunities in their schools and
communities, all of which help keep students engaged in school and make
school more relevant.
Equally important, expanded learning time initiatives provide
teachers with increased opportunities to work collaboratively and to
participate in common planning, within and across grades and subjects,
to improve instruction, and, in turn, increase student achievement.
This extra time in the school schedule empowers teachers to complete
the curriculum, meet the needs of all students, and collaborate with
colleagues. The TIME Act requires grantees to design comprehensive
plans, in collaboration with teachers, to encompass professional
development that focuses on changes in teaching practices and
curriculum delivery that will result in improved student academic
achievement as well as student engagement and success.
To accurately assess the difference these programs make, the TIME Act
calls for a rigorous evaluation that will measure several critical
performance indicators. We need to know which models and practices
produce the best outcomes for students and this evaluation will ensure
that we identify and disseminate them nationwide. As we reauthorize the
Elementary and Secondary Education Act, I am committed to helping
communities offer expanded learning time so that more students can
succeed.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
______

By Mr. LEAHY (for himself, Mr. Enzi, Mr. Sanders, Mr. Kohl, Mr.
Schumer, and Mrs. Gillibrand):
S. 852. A bill to improve the H-2A agricultural worker program for
use by dairy workers, sheepherders, and goat herders, and for other
purposes; to the Committee on the Judiciary.
Mr. LEAHY. Mr. President, in the 111th Congress, after hearing the
concerns of Vermont's dairy farmers, I introduced the H-2A Improvement
Act in order to give the dairy industry access to legal foreign workers
under our agricultural visa program. I am proud to introduce this
legislation once again, and I am especially pleased to have Senator
Enzi join me as a cosponsor of this bill. I thank the senior Senator
from Wyoming for his support, and I look forward to working with him to
advance this legislation. I also thank Senators Sanders, Schumer, Kohl,
and Gillibrand for their support.
Our bill adds an explicit provision to the H-2A law to allow dairy
workers, sheepherders, and goatherders to obtain visas through the H-2A
visa program to assist American farmers. Under current law, the dairy
industry is completely excluded from obtaining lawful H-2A workers.
Under current Department of Labor regulations and guidance, the
employers of foreign sheepherders and goatherders in the Western States
can use the H-2A program. The authority for these employers to do so is
not codified, however, and is therefore subject to the whims of a
Federal agency. This legislation will provide the express authority and
certainty for these important agricultural industries to use the visa
program as Congress intended.
Although milk prices have improved over the past year, dairy farmers
still struggle to meet their labor needs. I have heard from Vermont
farmers, Vermont's Secretary of Agriculture, and the broader dairy
industry about the challenges the current situation presents. I
recognize that the H-2A program is imperfect, and I recognize that the
best solution is the comprehensive approach in the AgJOBS bill. But
basic access to the H-2A program is a better option than what dairy
farmers now have, which is no access at all. It is simply illogical to
subject such an important agricultural sector to unequal treatment. The
denial of access to lawful, willing agricultural workers places a
substantial burden on employers.
The H-2A Improvement Act contains provisions designed to accommodate
the specific needs of dairy farming, sheepherding, and goatherding. It
will allow workers in these industries to enter the United States for
an initial employment period of 3 years. The bill grants U.S.
Citizenship and Immigration Services the authority to approve a worker
for an additional 3-year period as needed. After the first 3 year
period is completed, the worker is eligible to petition for lawful
permanent residency.
The provisions contained in this bill are very similar to provisions
that have been a part of the long pending AgJOBS bill, legislation that
I continue to strongly support. But the dairy farmers who continue to
operate under this unfair system need help now. Just as much as any
other segment of agriculture, they too deserve access to the H-2A
program to meet their legitimate labor needs.
For years, I have urged the Department of Labor to use its regulatory
authority to give dairy farmers access to H-2A workers. I was
disappointed that, despite those requests and the recommendations of
the broader dairy community, the final H-2A rule released by the
Department in February 2010 failed to extend access to the dairy
industry.
As a Senator from a State that prides itself on its dairy products
and a long tradition of family farming, it is unacceptable that dairy
farmers are put in a position of choosing between their livelihoods and
taking risks with a potential employee's immigration status. I strongly
believe that the vast majority of dairy farmers want to hire a lawful
workforce, and our policy should support these goals.
By expanding the H-2A program to include dairy workers, sheepherders
and goatherders, the H-2A Improvement Act would protect both American
and foreign workers. It would prevent American workers from having to
compete with an unauthorized work force, which enables unscrupulous
employers to pay lower wages and make employees work under unsafe labor
conditions. It would protect foreign workers by requiring that
employers comply with existing H-2A regulations, wage and hour laws,
and occupational safety laws. It would grant foreign dairy workers the
dignity and stability of lawful status, and the opportunity to step out
of the shadows and be productive members of the communities in which
they work. Despite the imperfections of the current H-2A system, these
are the objectives this legislation strives to achieve.
The H-2A Improvement Act is a straight-forward, targeted fix that
makes sure all law abiding farmers in America have the same access to
foreign agricultural labors. I recognize that many agricultural
employers have legitimate frustrations with the current regulatory
process. I intend to maintain my strong support of AgJOBS legislation,
which would provide the most immediate and substantial benefit to our
Nation's farmers and foreign agricultural workers. But I am unwilling
to forego an opportunity to enact meaningful, bipartisan legislation to
promote basic fairness for dairy, goat, and sheep farmers under our
immigration laws. I hope Senators will support this common sense
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. 852

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 ``H-2A Improvement Act''.

SEC. 2. NONIMMIGRANT STATUS FOR DAIRY WORKERS, SHEEPHERDERS,
AND GOAT HERDERS.

Section 101(a)(15)(H)(ii)(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended
by inserting ``who is coming temporarily to the United States
to perform agricultural labor or services as a dairy worker,
sheepherder, or goat herder, or'' after ``abandoning''.

SEC. 3. SPECIAL RULES FOR ALIENS EMPLOYED AS DAIRY WORKERS,
SHEEPHERDERS, OR GOAT HERDERS.

Section 218 of the Immigration and Nationality Act (8
U.S.C. 1188) is amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following:
``(h) Special Rules for Aliens Employed as Dairy Workers,
Sheepherders, or Goat Herders.--
``(1) In general.--Notwithstanding any other provision of
this Act, an alien admitted as a nonimmigrant under section
101(a)(15)(H)(ii)(a) for employment as a dairy worker,
sheepherder, or goat herder--
``(A) may be admitted for an initial period of 3 years; and

[[Page S2531]]

``(B) subject to paragraph (3)(E), may have such initial
period of admission extended for an additional period of up
to 3 years.
``(2) Exemption from temporary or seasonal requirement.--
Not withstanding section 101(a)(15)(H)(ii)(a), an employer
filing a petition to employ H-2A workers in positions as
dairy workers, sheepherders, or goat herders shall not be
required to show that such positions are of a seasonal or
temporary nature.
``(3) Adjustment to lawful permanent resident status.--
``(A) Eligible alien.--In this paragraph, the term
`eligible alien' means an alien who--
``(i) has H-2A worker status based on employment as a dairy
worker, sheepherder, or goat herder;
``(ii) has maintained such status in the United States for
a not fewer than 33 of the preceding 36 months; and
``(iii) is seeking to receive an immigrant visa under
section 203(b)(3)(A)(iii).
``(B) Classification petition.--A petition under section
204 for classification of an eligible alien under section
203(b)(3)(A)(iii) may be filed by--
``(i) the alien's employer on behalf of the eligible alien;
or
``(ii) the eligible alien.
``(C) No labor certification required.--Notwithstanding
section 203(b)(3)(C), no determination under section
212(a)(5)(A) is required with respect to an immigrant visa
under section 203(b)(3)(A)(iii) for an eligible alien.
``(D) Effect of petition.--The filing of a petition
described in subparagraph (B) or an application for
adjustment of status based on a petition described in
subparagraph (B) shall not be a basis fo denying--
``(i) another petition to employ H-2A workers;
``(ii) an extension of nonimmigrant status for a H-2A
worker;
``(iii) admission of an alien as an H-2A worker;
``(iv) a request for a visa for an H-2A worker;
``(v) a request from an alien to modify the alien's
immigration status to or from status as an H-2A worker; or
``(vi) a request made for an H-2A worker to extend such
worker's stay in the United States.
``(E) Extension of stay.--The Secretary of Homeland
Security shall extend the stay of an eligible alien having a
pending or approved petition described in subparagraph (B) in
1-year increments until a final determination is made on the
alien's eligibility for adjustment of status to that of an
alien lawfully admitted for permanent residence.
``(F) Construction.--Nothing in this paragraph may be
construed to prevent an eligible alien from seeking
adjustment of status in accordance with any other provision
of law.''.
______

By Mr. DURBIN:
S. 856. A bill to amend title XI of the Social Security Act to make
available to the public aggregate data on providers of services and
suppliers under the Medicare program and to allow qualified individuals
and groups access to claims and payment data under the Medicare program
for purposes of conducting health research and detecting fraud; to the
Committee on Finance.
Mr. DURBIN. Mr. President, Congress will soon debate the budget
resolution for fiscal year 2012, and one of the issues under
consideration is how to contain the cost of the Medicare program. While
there is significant disagreement about some of the proposals already
put forward, one part of the solution that members on both sides of the
aisle agree on is cracking down on waste, fraud, and abuse.
For several years, the Government Accountability Office has
designated Medicare as a high risk program because its size and
complexity make it a target for waste, fraud and abuse. Medicare pays
4.5 million claims per work day, so catching false or inflated claims
is a challenge. As a result, every year an estimated $30-60 billion in
Medicare spending is wasted on fraud and abuse.
Under President Obama, the Executive branch has stepped up its
enforcement activities. The Department of Health and Human Services and
Department of Justice joined together to form Health Care Fraud
Prevention and Enforcement Action Teams to combat Medicare fraud. These
strike forces have netted hundreds of potential criminals in the past
couple of years.
Nongovernmental groups can also play a role in detecting fraud.
Normally, individual Medicare providers' billing data is not available
to the public as a result of a 1979 lawsuit that blocked disclosure of
this information. But under a special arrangement, The Wall Street
Journal and Center for Public Integrity were allowed access to a 5
percent sample of the Medicare payment data.
Even using just this small sliver of the data, the newspaper was able
to identify suspicious billing and potential abuses of the Medicare
system. However, based on the agreement with CMS, the paper could not
name individual physicians.
I think that the exercise by the Wall Street Journal shows that
outside group provide a valuable complement to the government's own
fraud detection research. That is why I am introducing the Medicare
Spending Transparency Act today.
The legislation would increase transparency of the Medicare program
by providing two things.
First, it would provide access to aggregated claims data.
It would require CMS to annually publish on its website summary level
information about how and what Medicare is paying to individual
Medicare providers such as hospitals, physicians and home health
agencies.
Information would the include the total amount paid, number of unique
patients seen, total number of patient visits, and a summary of the
services provided. This will provide a snapshot of Medicare spending to
interested groups. It will also discourage fraudulent providers from
overbilling Medicare.
Secondly, a complete set of Medicare data would be made available to
qualified groups or individuals for the purposes of fraud detection and
research. All patient identifying information would be protected,
consistent with HIPAA and other privacy laws.
To access this information, the individual or group would have to
demonstrate technical capacity to make prudent and productive use of
the data. Any published analysis of the data must disclose the names,
funding sources, employer or other relevant affiliations, and data
analysis methods of the researchers.
This legislation would bring transparency to the Medicare program by
providing basic information about how taxpayer dollars are being spent.
If nongovernmental groups want to dedicate their own resources to
rooting out fraud, we should welcome those efforts. I encourage my
colleagues to support this common sense 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. 856

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 ``Medicare Spending
Transparency Act of 2011''.

SEC. 2. PUBLIC AVAILABILITY OF AGGREGATE DATA ON MEDICARE
PROVIDERS OF SERVICES AND SUPPLIERS.

(a) Purpose.--The purpose of this section is to make
aggregate information about providers of services and
suppliers under the Medicare program under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) publicly
available and to provide a new level of transparency in such
program.
(b) Public Availability.--Section 1128J of the Social
Security Act (42 U.S.C. 1320a-7k) is amended by adding at the
end the following new subsection:
``(f) Public Availability of Certain Medicare Data.--
``(1) In general.--The Secretary shall, to the extent
consistent with applicable information, privacy, security,
and disclosure laws, including the regulations promulgated
under the Health Insurance Portability and Accountability Act
of 1996 and section 552a of title 5, United States Code, make
available to the public on the Internet website of the
Centers for Medicare & Medicaid Services the following data
with respect to title XVIII:
``(A) A complete list of the providers of services and
suppliers participating in the program under such title,
including the business address of such providers of services
and suppliers.
``(B) Aggregate information about each such provider of
services and supplier, including--
``(i) the total number of individuals furnished items or
services by the provider of services or supplier for which
payment was made under such title during the preceding year;
``(ii) the number of unique patient encounters conducted by
the provider of services or supplier for which payment was
made under such title during the preceding year;
``(iii) the average number of codes billed under such title
by the provider of services of supplier per patient encounter
during the preceding year;
``(iv) the total amount paid to such provider of services
or supplier under such title during the preceding year;

[[Page S2532]]

``(v) the top 50 billing codes on claims paid under such
title to the provider of services or supplier during the
preceding year, as determined by volume, including a
description of such codes;
``(vi) the top 50 billing codes on such claims paid during
such year, as determined by dollar amount, including a
description of such codes; and
``(vii) the top 50 diagnosis and procedure code pairs on
such claims paid during such year, as determined by volume,
including a description of such codes; and
``(2) Implementation.--Not later than 1 year after the date
of enactment of the Medicare Spending Transparency Act of
2011, the Secretary shall promulgate regulations to carry out
this subsection.''.

SEC. 3. ACCESS TO MEDICARE CLAIMS AND PAYMENT DATA BY
QUALIFIED INDIVIDUALS AND GROUPS.

(a) Purpose.--The purpose of this section is to allow
qualified individuals and groups access to information on
claims and payment data under the Medicare program for
purposes of conducting health research and detecting fraud
under such program.
(b) Access to Medicare Claims and Payment Data by Qualified
Individuals and Groups.--Section 1128J of the Social Security
Act (42 U.S.C. 1320a-7k), as amended by section 2, is amended
by adding at the end the following new subsection:
``(g) Access to Medicare Claims and Payment Data by
Qualified Individuals and Groups.--
``(1) In general.--For purposes of conducting health
research and detecting fraud under title XVIII, and to the
extent consistent with applicable information, privacy,
security, and disclosure laws, including the regulations
promulgated under the Health Insurance Portability and
Accountability Act of 1996 and section 552a of title 5,
United States Code, and subject to any information systems
security requirements under such laws or otherwise required
by the Secretary, a qualified individual or group shall have
access to claims and payment data of the Department of Health
and Human Services and its contractors related to title
XVIII. Notwithstanding any other provision of law, such data
shall include the identity of individual providers of
services and suppliers under such title.
``(2) Definition of qualified individual or group.--
``(A) In general.--In this subsection, the term `qualified
individual or group' means an individual or entity that the
Secretary has determined, in accordance with subparagraph
(B), has relevant experience, knowledge, and technical
expertise in medicine, statistics, health care billing,
practice patterns, health care fraud detection, and analysis
to use data provided to the individual or the entity under
this subsection in an appropriate, responsible, and ethical
manner and for the purposes described in paragraph (1).
``(B) Procedures.--The Secretary shall establish procedures
for determining, in a timely manner, whether an individual or
entity is a qualified individual or group.
``(3) Procedures.--The Secretary shall establish procedures
for the storage and use of data provided to a qualified
individual or group under this subsection. Such procedures
shall ensure that, in the case where the qualified individual
or group publishes an analysis of such data (or any analysis
using such data), the qualified individual or group discloses
the following information (in a form and manner, and at a
time, specified by the Secretary):
``(A) The name of the qualified individual or group.
``(B) The sources of any funding for the qualified
individual or group.
``(C) Any employer or other relevant affiliations of the
qualified individual or group.
``(D) The data analysis methods used by the qualified
individual or group in the analysis involved.''.
______

By Mr. GRASSLEY (for himself and Mr. Casey):
S. 857. A bill to amend the Elementary and Secondary Education Act of
1965 to aid gifted and talented learners, including high-ability
learners not formally identified as gifted; to the Committee on Health,
Education, Labor, and Pensions.
Mr. GRASSLEY. Mr. President, the last reauthorization of the
Elementary and Secondary Education Act of 1965 was specifically
designed ``To close the achievement gap with accountability,
flexibility, and choice, so that no child is left behind.'' Going into
the next reauthorization of this law, there has already been much
discussion about the extent to which each element of that goal has been
achieved. While there is some evidence of a narrowing of the
achievement gap between disadvantaged and minority students and their
more advantaged peers when it comes to meeting minimum ``proficiency''
goals, the achievement gap among high-ability students has been
widening. Some of our most promising students, the scientists,
inventors, and problem solvers of the future, are being left behind.
I want to be clear that I am not necessarily talking just about high-
achieving students. I am talking about high-ability students with gifts
and talents that go beyond simply the ability to master grade level
content. There is sometimes a tendency to assume that gifted students
are the straight A students and vice versa, the students we needn't
worry about because they are doing fine on their own. Sadly, that's far
from true. A student may get straight A's because his or her abilities
and pace of learning just happen to be exactly matched with the grade
level curriculum and pace of instruction. Those are not the students I
am talking about. By definition, a gifted and talented students is one
who gives evidence of high achievement capability and needs services
beyond the standard content provided in the standard way in order to
fully develop those capabilities.
In fact, gifted students may significantly underperform. Many high-
ability students get poor grades due to boredom. Some drop out of
school or exhibit problem behaviors, and gifted students are often well
represented in alternative schools. Still, even if they are getting
straight A's on content that is not challenging to them, they are still
underperforming. That hidden gap between achievement and potential
ought to be alarming to all of us who are concerned about our Nation's
future economic competitiveness.
On the most recent international tests, students in China topped the
charts in math, science, and reading, while U.S. students were in the
middle to bottom of the pack. Few American students are reaching the
most advanced achievement levels on national and state-level tests,
with miniscule numbers of children of color or children from poverty
reaching those levels. A dynamic economy needs a steady supply of
individuals capable of achieving at advanced levels, yet we rely on
imported talent while systematically holding back our brightest young
minds here at home.
I would recommend to my colleagues the book Genius Denied by Jan and
Bob Davidson of the Davidson Institute in Nevada. It describes the many
obstacles faced by some of our brightest students in trying to get an
appropriate education. The book tells the story of a boy named Carlos
who didn't speak until he was 3\1/2\ years old, but then began to speak
in complete sentences like a much older child. His mother had been told
he might be autistic or have a learning disability, but when she had
him tested, she learned he was actually gifted. He learned to read and
write with incredible speed and was able to grasp simple algebra
problems. However, in his Kindergarten class, they were learning to add
single digits by grouping teddy bears. He was miserable, and despite
his natural love of learning, he cried to stay home from school. He was
teased for being different and the stress of school got to be so great
that his hair started falling out. He began talking about wishing that
he was dumb or even dead.

The book also talks about a boy named Tim who is dyslexic and also
profoundly gifted. His gifts compensated for his inability to read so
he was able to earn normal grades, but his school would not make
appropriate accommodations for his learning disability because he was
achieving at acceptable levels. School officials also maintained they
had no obligation to accommodate his gifts. This left Tim frustrated.
His zeal for learning waned because his disability held him back while
his gifts went undeveloped, but both went unaddressed by his school
because he was not failing. Eventually, his mother was forced to pull
him out of the public school and educate him at home.
Many schools have special gifted and talented programs with staff
trained in gifted education strategies, but a great many others do not.
This leads to the uneven availability of appropriate services. Title I
schools are far less likely to have any services for gifted students.
Is this because there are no high-ability disadvantaged students?
Certainly not. There are high-ability students in every school and low
income doesn't mean low ability. It is of course appropriate to ensure
that struggling students receive the support they need to achieve to
their potential, but when disadvantaged high-ability students go
unrecognized and unchallenged, thus falling short of the level of
achievement they are capable of attaining, the tremendous loss of human

[[Page S2533]]

potential is truly tragic both for the students and for our society.
So should every cash-strapped Title I school hire special teachers
with a background in gifted and talented education and start offering
gifted education programming? Well, that would be ideal, and would
likely help improve the academic achievement of all students in those
schools, but a lack of funds need not be a barrier to schools meeting
the unique learning needs of their high-ability students. For instance,
a report by some of the leading experts in the field at the University
of Iowa's Belin-Blank Center titled ``A Nation Deceived: How Schools
Hold Back America's Brightest Students'' outlines both the problem of
schools systematically failing to support their high-ability students
and an almost no-cost solution--acceleration. Simply allowing students
to take classes with their intellectual peers, where the curriculum is
matched to their ability rather than to their age, often results in
better academic results as well as happier, better adjusted students.
Also, knowing that all teachers have high-ability students with unique
learning needs in their classrooms, there is a great need for
professional development opportunities to incorporate the ability to
recognize and meet those needs.
Today, I am introducing a bill, with Senator Casey of Pennsylvania,
to ensure that Federal education policy no longer overlooks the needs
of high-ability students. It's called the TALENT Act, which stands for:
To Aid Gifted and High-Ability Learners by Empowering the Nation's
Teachers. My bill corrects the lack of focus on high-ability students,
especially those students in underserved settings, including rural
communities, by including them in the school, district, and state
planning process that already exists under the Elementary and Secondary
Education Act. It also raises the expectation that teachers have the
skills to address the special learning needs of various populations of
students, including gifted and high-ability learners. To that end, my
bill provides for professional development grants to help general
education teachers and other school personnel better understand how to
recognize and respond to the needs of high-ability students. Finally,
because we have much to learn about how best to address the very unique
learning needs of this often overlooked population of students, my bill
retools and builds upon the goals and purpose of the existing Javits
Gifted and Talented Students Education Act so that we continue to
explore and test strategies to identify and serve high-ability students
from underserved groups. These strategies can then be put into the
hands of teachers across the country.
Meeting the needs of our brightest students, the ones our country is
counting on for our future prosperity, is not a luxury, it is a
necessity. That isn't a justification for embarking on some sort of new
spending and sticking them with the bill, however. Instead, my
legislation would accomplish its goals in a cost-effective way by
amending existing law to account for the needs of gifted and high-
ability learners as well as retooling the old Javits program to have a
greater impact. For too long, Federal education policy has been so
focused on preventing failure that we have neglected to promote and
encourage success. We can no longer afford to ignore the needs of our
brightest students and thus squander their potential. My legislation
will put our country on track to tap that potential which is so
essential to the future happiness of the students and the future
prosperity of our Nation.
______

By Mr. LEVIN (for himself and Ms. Stabenow):
S. 860. A bill to ensure that methodologies and technologies used by
the Bureau of Customs and Border Protection to screen for and detect
the presence of chemical, nuclear, biological, and radiological weapons
in municipal solid waste are as effective as the methodologies and
technologies used by the Bureau to screen for those materials in other
items of commerce entering the United States through commercial motor
vehicle transport; to the Committee on Homeland Security and
Governmental Affairs.
Mr. LEVIN. Mr. President, I have been fighting over the past several
years to stop the thousands of trash shipments entering into Michigan
from Canada. This year brought some welcome good news: Canada has
stopped shipping its city trash to Michigan, eliminating about 1.5
million tons of trash a year that had been dumped into Michigan
landfills, and taking more than 40,000 trucks a year off Michigan
roads. The end of these shipments fulfills a 2005 agreement that
Senator Stabenow and I reached with Ontario officials to end all
shipments of municipally managed trash to Michigan by the end of 2010.
However, private trash shipments from Canada are still being brought
into Michigan. Tons of waste from private companies, including from
construction, industry, and commercial sources, are being imported into
Michigan for disposal in our landfills. Most of these shipments enter
at three border crossings in Michigan: Port Huron, Sault Ste Marie, and
Detroit. The loads of municipal solid waste are more than just a
nuisance. These trash trucks from Canada pose a threat to our
environment, health, and security.
This legislation Senator Stabenow and I are introducing today would
require the Bureau of Customs and Border Protection of the Department
of Homeland Security to report to Congress on the methodologies used by
the Bureau to screen for the presence of chemical, nuclear, biological,
and radiological weapons in municipal solid waste. The report would
need to indicate whether the techniques used by the Bureau to screen
for these dangerous materials in municipal solid waste are as effective
as the methodologies used by the Bureau to screen for such materials in
other items of commerce entering the United States. If the Bureau of
Customs cannot demonstrate that screening of municipal waste shipments
is adequate, then they have 6 months to implement the technologies to
implement adequate screening procedures. If such measures are not
implemented, then the Secretary of Homeland Security shall deny entry
of any commercial motor vehicle carrying municipal solid waste from
Canada until the Secretary certifies that the methods and technology
used to inspect the trash trucks are as effective as the methods and
technology used to inspect other vehicles.
I believe this legislation will help to protect the people of this
country, and I hope this Congress will act quickly on this legislation.
Mr. President, I ask for 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. 860

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

SECTION 1. SCREENING OF MUNICIPAL SOLID WASTE.

(a) Definitions.--In this section:
(1) Bureau.--The term `` Bureau'' means the Bureau of
Customs and Border Protection.
(2) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given the term in section 31101 of
title 49, United States Code.
(3) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau.
(4) Municipal solid waste.--The term ``municipal solid
waste'' includes sludge (as defined in section 1004 of the
Solid Waste Disposal Act (42 U.S.C. 6903)).
(b) Reports to Congress.--Not later than 90 days after the
date of enactment of this Act, the Commissioner shall submit
to Congress a report that--
(1) indicates whether the methodologies and technologies
used by the Bureau to screen for and detect the presence of
chemical, nuclear, biological, and radiological weapons in
municipal solid waste are as effective as the methodologies
and technologies used by the Bureau to screen for those
materials in other items of commerce entering the United
States through commercial motor vehicle transport; and
(2) if the report indicates that the methodologies and
technologies used to screen municipal solid waste are less
effective than those used to screen other items of commerce,
identifies the actions that the Bureau will take to achieve
the same level of effectiveness in the screening of municipal
solid waste, including actions necessary to meet the need for
additional screening technologies.
(c) Impact on Commercial Motor Vehicles.--If the
Commissioner fails to fully implement an action identified
under subsection (b)(2) before the earlier of the date that
is 180 days after the date on which the report under
subsection (b) is required to be submitted or the date that
is 180 days after

[[Page S2534]]

the date on which the report is submitted, the Secretary
shall deny entry into the United States of any commercial
motor vehicle carrying municipal solid waste until the
Secretary certifies to Congress that the methodologies and
technologies used by the Bureau to screen for and detect the
presence of chemical, nuclear, biological, and radiological
weapons in municipal solid waste are as effective as the
methodologies and technologies used by the Bureau to screen
for those materials in other items of commerce entering into
the United States through commercial motor vehicle transport.
______

By Ms. LANDRIEU (for herself and Mr. Vitter):
S. 861. A bill to restore the natural resources, ecosystems,
fisheries, marine habitats, and coastal wetland of Gulf Coast States,
to create jobs and revive the economic health of communities adversely
affected by the explosion on, and sinking of, the mobile offshore
drilling unit Deepwater Horizon, and for other purposes; to the
Committee on Environment and Public Works.
Ms. LANDRIEU. Mr. President, I am going to speak for 2 or 3 minutes
in a brief introduction, and then turn it over to my colleague from
Louisiana. We are both very excited and enthusiastic to present to the
Senate and to Congress work that has been underway for almost a year.
As you know, next week on April 20, we will be marking the 1-year
anniversary of the Deepwater Horizon explosion, which killed 11 men--
they are still in our thoughts and prayers, and their families to this
day--injured dozens of others and shocked millions with the explosion
that occurred a year ago next Wednesday.
There are many steps our Nation has to take and must take to respond
to that horrific incident. Senator Vitter and I are on the floor today
to introduce the Restore the Gulf Coast Act of 2011, which we believe
is one of the most important things that needs to be done in response
to this incident.
It was frankly long overdue even before this tragedy happened, and I
will briefly explain. This gulf coast is a very important coast of
America.
I know all of the people of our coasts believe they are all
important--but we who live on the gulf coast are particularly proud of
the coast of Texas, Louisiana, Mississippi, Alabama, and Florida
because on this coast not only do we have port and maritime activities,
which is true of every coast, we also support the Nation in hosting a
very important domestic oil and gas industry, which is primarily
offshore, but a great deal on shore, both close and on our marshes.
In addition, we have a very vibrant and robust fishing industry, both
commercial and recreational. We have ecotourism and migratory bird
routes from the south going north. Obviously this is a flyway for
migratory birds and extremely important to wildlife enthusiasts and
hunters and fishermen. May I also add--and not let us forget--the
tourism industry. So we say proudly in the gulf coast, we are America's
working coast. We seek a balance between mining and exploring for and
using our natural resources, and balancing that so this coast can be
sustainable.
This is a great opportunity for the Nation to do right by the gulf
coast. It is a great opportunity for the polluters to step up and do
the right thing. It is a great opportunity to give a break to taxpayers
because the bill Senator Vitter and I are putting forward--and we hope
our other colleagues will join us in--will basically say the fine BP is
going to pay--and maybe other contractors as well--that 80 percent of
that fine should go to the area where the injury occurred.
I am going to take the next minute to put up this horrifying picture
that people will remember because a year ago this is what the site
looked like when the Deepwater Horizon exploded and 5 million barrels
of oil escaped from this tragedy and marred the beaches and marshes and
ocean, and we are still recovering, and will for years.
But because of the 5 million barrels of oil that were spilled, this
polluter, BP, and its contractors are going to have to pay a very
serious fine to the Federal Government. We believe that fine is best
directed to help the environment which was injured and to get the
taxpayers off the hook and put the polluters on the hook for picking up
this tab, and to do so in a way that is fair to the Gulf Coast States.
That is what Senator Vitter will speak about in more detail.
Let me show you one picture, happily. Today, the beaches along the
gulf coast--in large measure--look like this, as shown in this picture.
This is the way they normally look. Because not only do we drill for
oil and gas off of our waters, but our children swim in this water. We
recreate and have picnics along the beach. This is the way we would
like this beach to look for decades to come.
If we are successful in getting our bill passed through the Congress
and signed by the President in the near future, this is possible, along
with pictures like this one I show you, which represents a great and
proud industry: the shrimping industry on the gulf coast, which
supplies fresh seafood for restaurants all over our Nation and, in some
cases, the world.
So at this point, let me turn it to Senator Vitter for some more
detail. I want to say, it has been a pleasure and I thank the Senator
for his support. We want this to be a bipartisan effort. Both the
industry and environmental groups are very interested in working with
us on this issue. We think it is the right policy for our country.
I yield to Senator Vitter.
The PRESIDING OFFICER. The Senator from Louisiana.
Mr. VITTER. Mr. President, I am proud to join my colleague Senator
Landrieu in introducing today this RESTORE the Gulf Coast Act of 2011.
I want to also thank her and compliment her on her leadership on this
issue. Senator Landrieu has been developing this legislation tirelessly
since the tragedy, working with many others who will soon be
cosponsors, we hope, in this effort.
I also want to recognize Congressman Steve Scalise and his Louisiana
House colleagues for having similar legislation in the House.
As we near this 1-year anniversary of the disaster, first we need to
remember the victims, the human victims--the 11 people who lost their
lives and their families. Those families still have a huge hole in
their lives, and we need to continue to remember them and pray for
them.
But we also need to help restore the affected area. A lot of other
lives were impacted through the environmental and economic devastation.
We need to work on that as well.
This RESTORE the Gulf Coast Act of 2011 would go a long way in
restoring those lives, in healing those impacts. This was a horrible
tragedy, and, of course, the physical, the environmental damage was
borne by these five Gulf Coast States. Therefore, we think it is more
than fair that 80 percent of the fines directly related to this event--
which would not have been incurred, would not be in existence but for
this tragedy--be dedicated to restoration along the gulf coast.
Senator Landrieu, with my support, and others, has worked out a very
fair formula to impact all of the Gulf Coast States in a positive way.
We think it is more than fair because it assures some minimum funding
to all of the affected States and then has another pot of money that is
specifically focused on direct impacts. We think this is a very fair
way to go about it. It also dovetails with the work that has been going
on in the States and federally through the President's commission on
impacts.
So we think this would be an excellent way to approach it. It is more
than fair to the Federal Government and to the Federal taxpayer because
the money retained that is still flowing to the Federal Treasury more
than covers all the expenses of the Federal Government related to this
event. It goes well beyond those direct expenses.
Again, I thank my colleague for her leadership, and I ask all of our
colleagues to come together around this effort. This concept has been
explicitly endorsed by President Obama. This concept has been
explicitly endorsed by the President's commission on the oilspill. All
of those folks have absolutely said, yes, 80 percent of these Clean
Water Act fines need to stay on the gulf coast for much-needed
restoration. This legislation will get that done in a fair,
straightforward way. I urge all of my colleagues to support it and help
pass it in the next few weeks and months.
Mr. President, with that, I turn the floor back to my colleague from
Louisiana.

[[Page S2535]]

The PRESIDING OFFICER. The Senator from Louisiana.
Ms. LANDRIEU. Mr. President, I see other colleagues on the floor
waiting to speak so I will try to wrap up these remarks in about 5
minutes. But I do want to add a few things and thank my colleague
again. He is on the committee that will take this bill into
consideration. That committee is chaired by Senator Barbara Boxer. I
want to thank her, our colleague from California, the Chair of the EPW
Committee, and her staff, who have been working with us very closely
over the last year as we fashioned this approach. I think the Senator,
of course, will speak for herself, but I think it is in her philosophy
that the polluters should pay, not the taxpayer, and that the area that
was injured should be the area that receives the response. It is
important that the environment that was injured should be first
attended to first. That is the essence and nature of our bill.
But to put a couple of other things in the Record, Senator Vitter
mentioned this, but it is worth repeating. President Obama has already
endorsed this general concept, and I want to thank him for his early
leadership on this issue. I had some real reservations early on about
the national oilspill commission. I honestly did not think there were
enough people representing the industry perspective, only the
environmental perspective. But I was happy to see that commission
report came out fairly balanced. Both Bob Graham, who is a former
colleague of ours from Florida, and Bill Reilly, the former EPA
Director under President Bush, came to the same conclusion: that one of
the best ways to spend this fine money would be restoring this very
important coastal area. This should not just be for the gulf coast but
for the Nation. Frankly, the world should take notice and to try to
find a path forward for coastal communities to have sustainable
economies.
This is an important question, not just for the gulf coast, not just
for the east coast, not just for the west coast, but I might say, this
might be one of the great questions in the world today. 60 percent or
more of the population of the world lives near coastlines. The question
of how can people live there productively, safely, and how the
environment can sustain them in that growth and development is an
important question to get answers to.
Let me say, as a resident of the gulf coast, we do not have enough
answers. We do not have enough money to ask questions. That is what
this money will go for: some science and technology, some basic
research, and, most importantly, some money to restore our coast--to do
the right things by this environment.
I want to recognize the entities that support this cause. Secretary
Ray Mabus, the Secretary of the Navy added to his portfolio to examine
this issue, and he, too, arrived at the same conclusion: that a very
excellent and smart way to spend some of these fine moneys would be on
these programs.
Just a couple of minutes more to put some facts into the Record; and
other Senators from other States--Florida, Texas, Mississippi, and
Alabama--can enter their own data.
I think it is important for people to understand, when we talk about
the coast of Louisiana, just the coast of Louisiana--this is going to
be hard for people to believe, but it is actually true--if you count
the tidal miles of Louisiana, which is about 7,000 tidal miles from the
tip here, as shown on this map, all the way over to Texas from our
Mississippi border--7,000 tidal miles--if you stretch that out, it is
the same as going from Miami to Seattle. I need people to get that in
their mind.
I know this looks like a little shore because it is not a big shore
like California or Florida. But the nature of this shore--because it is
not just a beach; it is America's greatest wetlands and marshes--if you
stretched it out with all of its inlets and bays and estuaries, it
would go from Miami to Seattle.
This area is threatened, and has been for years. Yes, the oil and gas
industry, unfortunately, has contributed to some of this damage. But it
is also because the Mississippi River flows through here, and it has
been dammed and tamed as best as men and women can try to tame natural
things. The hydraulics have changed. The sea level has risen. This area
is under great threat.
Mr. President, 1,500 square miles have been lost since 1930; 25
square miles of wetlands each year, which means a football field every
30 minutes. This is an urgent matter. There is no loss of land anywhere
in the continental United States that has as much threat to it as there
is to this coast. We have struggled for years to find a revenue stream
to help fix it. We understand the rest of the country says: Why should
we fix it? It is not our coast. But what we say back is: This coast is
important to the whole Nation. It drains 40 percent of the continent.
It is the greatest river system in North America. No one can get wheat
out of Kansas or Iowa without coming through this Mississippi River. So
there is a national interest.
Seventeen percent of GDP is basically supported and created by this
gulf coast economy.
We are also willing to pay our own way as well. Our parishes have
taxed themselves. The State has set up a constitutional safeguard, a
lockbox--if we had only done that with Social Security. We are happy to
have a lockbox for the wetlands money that comes in, so it can only be
used for that purpose. So we are very proud of the actions our locals
have taken. Now it is time for the Federal Government to act.
A few more statistics: 30 percent of the commercial fisheries in the
United States come off this coast, and $1.7 billion in economic impact
for recreational fishing--again, over 50 percent of the domestic oil
and gas, because we drill for oil and gas here, that keep lights on and
electricity flowing in Chambers such as this, in rooms and buildings
all over our country. So that is why this is so important.
I am going to add some other statistics for the Record about some of
the economic impacts of this. Again, this is an important coast to the
country and it is an important effort for the world for us in America
to get this right. Think about the drilling that is occurring off the
coast of Africa or Brazil or Australia or Israel and what happens.
Let's prevent any explosions. Let's prevent these disasters. We are
struggling to do that, and the record is pretty good, despite the
criticism that comes, and that is a speech for another day.
But the question is, When there is an accident, when this happens,
how do we take that penalty money and invest it in the coast so it is
more resilient and it will benefit people in every way over a long
period of time in a very balanced fashion.
I conclude by urging my colleagues along the gulf coast, from Florida
to Alabama to Mississippi and Texas, Republicans and Democrats alike,
Members of the House as well, to step forward and join me and Senator
Vitter. We are open to ideas and thoughts about how the money should be
allocated but within general sets of principles we have outlined today.
I wish to, again, thank Senator Boxer whose committee will consider
this in the very near future. We are hoping for a hearing in the very
near future and then a markup on this bill to move it forward to the
President's desk.
Mr. President, I ask unanimous consent to have printed in the Record
some further statistics about this horrific spill and our valuable
coast.
There being no objection, the material was ordered to be printed in
the Record, as follows:

On April 20, 11 men died in a massive oil rig explosion in
the Gulf of Mexico.
For 3 months, oil flowed uncontrollably into the waters of
the Gulf of Mexico. 4.9 million barrels of oil was discharged
during the spill. That equates to 50,000 barrels of oil each
day.
600 miles of the Gulf coastline were oiled. More than half
of that coastline is in Louisiana.
320 miles of Louisiana's coastline were oiled and some oil
is still lingering in the marshes near Bay Jimmy on the east
side of Plaquemine Parish.
6,814 dead animals have been collected, including 6,104
birds, 609 sea turtles, 100 dolphins and other mammals, and 1
other reptile.
86,985 square miles of waters were closed to fishing.
Approximately 36% of Federal waters in the Gulf of Mexico
were closed to fishing for months.
30 percent of commercial fisheries in the United States are
located in the Gulf of Mexico.
It is estimated that $2.5 billion were lost in our Gulf of
Mexico fishing industry.
$23 billion is estimated in impacts to tourism across the
Gulf Coast over a three-year

[[Page S2536]]

period, as estimated by the U.S. Travel Association.
The Gulf Coast accounts for a $1.7 billion economic impact
to the nation from recreational fishing.
30 percent of the nation's crude oil supply and 34 percent
of the natural gas consumed in the U.S. are produced in
Louisiana or adjacent Outer Continental Shelf (OCS).
Nearly 50 percent of all the domestically produced oil and
gas that fuels this nation comes from the Gulf of Mexico.
$8 to 10 billion in direct OCS revenues go to the U.S.
Treasury each year.
$3 trillion is contributed to the national economy by the
Gulf Coast.
12 million people live in coastal Louisiana.
17 percent of the National GDP comes from the Gulf Coast.
1,900 square miles of land have been lost in Louisiana
since 1930.
25 square miles of wetlands are lost each year--or a
football field-sized area every 30 minutes.
______

By Mr. NELSON of Florida:
S. 862. A bill to provide for a comprehensive Gulf of Mexico
restoration plan, and for other purposes; to the Committee on
Environment and Public Works.
Mr. NELSON Of Florida. Mr. President, I rise today, 360 days after
the Deepwater Horizon oil rig exploded in the Gulf of Mexico, taking
the lives of 11 Americans and forever changing the lives of their
friends and families. Following the explosion, hundreds of millions of
gallons of oil spewed out of that monster well for months, devastating
the environment and the economy of the Gulf Coast. It is my hope and my
belief that by the passage of time, the hard work and dedication of
individuals, and the power of mother nature, the Gulf Coast will
recover. But it will not be immediate.
I can't believe Congress hasn't addressed things like liability, and
that some in Congress still are dead set on carrying out the oil
industry's agenda, regardless of all the safety, economic and
environmental concerns. Meantime, the companies say we need to allow
additional offshore drilling. What they don't say is we have already
given them tens of millions of additional acres in the Gulf of Mexico
where they haven't even started drilling yet.
Under current law, the party responsible for an oil spill will be
assessed fines for violations of the Clean Water Act. Those fines go to
the Oil Spill Liability Trust Fund. But several folks have suggested
that those fines should go to the Gulf Coast--to restore the
environment, provide economic recovery, and to make the Gulf more
resilient to disasters--including the Secretary of the Navy Ray Mabus,
and the President's Oil Spill Commission headed up by Senator Bob
Graham and Bill Reilly. Just like some of the lessons we learned after
the Exxon-Valdez oil spill led to the passage of landmark laws, we need
to take the lessons of the Deepwater Horizon oil spill and restore the
Gulf.
So today, before the 1 year anniversary of the Deepwater Horizon, I
am introducing a bill to put the Gulf Coast back to work and return it
to the healthy, vibrant ecosystem it used to be--complete with sugar
white sand beaches and some of the best fishing in the world. I have
heard from city commissioners, hotel workers, fishermen and Americans
that visit our beautiful Gulf coast that this is the right thing to do.
The Gulf of Mexico Recovery, Restoration, and Resiliency Act will get
funding to local governments for environmental education, restoration
and research, as well as workforce development, and tourism promotion
projects. It will create a Council with state and federal members to
develop a comprehensive plan for the Gulf of Mexico. This bill will
ensure long-term cooperative monitoring of the status of our fishery
resources--where fishermen will work alongside scientists to protect
their livelihoods by collecting the best data.
Most importantly, this bill will bring together all of the folks who
care about the Gulf and provide them with the funding to restore it.
Specifically, the bill creates a Citizen's Advisory Committee and a
Science Advisory Committee to provide input on the direction of Gulf
restoration activities. Our federal resource partners like the
Department of Interior, the National Oceanic and Atmospheric
Administration, and the Environmental Protection Agency will all have a
seat at the table. Our State and local voices will be heard and have
opportunities to undertake projects that support a healthy Gulf and a
vibrant coastal economy.
It was heartbreaking less than a year ago to watch as oil spewed into
the Gulf of Mexico, to hear of dead dolphins washing ashore, and to
speak with folks who have lost their businesses because nobody came to
the beach last summer. But it is also gives me hope to know that Gulf
residents are a resilient, hard-working type. I know that if we can get
them the tools and a strong plan for rebuilding, the Gulf will start to
recover. We can make it right by sending the Clean Water Act fines to
the areas that took the hit. So I'm asking that my Senate colleagues
will support my efforts to help restore this national treasure, and I
look forward to working towards that goal.
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. 862

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Comprehensive Gulf of Mexico
Recovery, Restoration, and Resiliency Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Citizens' advisory committee.--The term ``Citizens'
Advisory Committee'' means the Gulf of Mexico Regional
Citizens' Advisory Committee established by section 8(a).
(2) Clean energy production and development.--The term
``clean energy production and development'' means any
electricity generation, transmission, storage, heating,
cooling, industrial process, or manufacturing project the
primary purpose of which is the deployment, development, or
production of an energy system or technology that avoids,
reduces, or sequesters air pollutants or anthropogenic
greenhouse gases.
(3) Council.--The term ``Council'' means the Gulf of Mexico
Recovery Council established by section 3(a).
(4) Eligible entity.--The term ``eligible entity'' means an
organization that--
(A) is a consortium of 1 or more public and private
institutions of higher education in a Gulf State;
(B) is formally established by a board of higher education
in a Gulf State for the purpose of collaborating on marine
science research;
(C) carries out 1 or more operations that are physically
located in the Gulf coast; and
(D) demonstrates experience arising from--
(i) the conduct of the types of activities described in
section 6; and
(ii) the ability to carry out each requirement described in
subsections (c), (d), and (e) of section 6.
(5) Federal agency.--The term ``Federal agency'' has the
meaning given the term in section 1004 of the Solid Waste
Disposal Act (42 U.S.C. 6903).
(6) Fishery endowment.--The term ``Fishery Endowment''
means the Gulf of Mexico Fishery Endowment established under
section 7(a).
(7) Fund.--The term ``Fund'' means the Gulf of Mexico
Recovery Fund established by section 4(a).
(8) Gulf.--The term ``Gulf'' means the submerged land of
the outer Continental Shelf, and the areas of the exclusive
economic zone of the United States, within the Gulf of
Mexico, including associated coastal watersheds, estuaries,
beaches, and wetlands.
(9) Gulf coast.--The term ``Gulf coast'' means--
(A) each coastal zone (as determined pursuant to the
Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.))
of each Gulf State (including water adjacent to the Gulf
State); and
(B) submerged land of the outer Continental Shelf located
in the Gulf of Mexico.
(10) Gulf oil spill.--The term ``Gulf oil spill'' means the
discharge of oil and the use of oil dispersants that began in
2010 in connection with the blowout and explosion of the
mobile offshore drilling unit Deepwater Horizon that occurred
on April 20, 2010, and resulting hydrocarbon releases into
the environment.
(11) Gulf state.--The term ``Gulf State'' means any of the
States of--
(A) Alabama;
(B) Florida;
(C) Louisiana;
(D) Mississippi; and
(E) Texas.
(12) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(13) Local political subdivision.--The term ``local
political subdivision'' means any city, county, township,
town, borough, parish, village, or other general purpose
political subdivision of a State.
(14) Natural resource trustee.--The term ``natural resource
trustee'' means each of the Federal and State trustees
designated under title I of the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.) with respect to natural resource damages
relating to the Gulf oil spill.
(15) Observation system.--The term ``Observation System''
means the Gulf of Mexico

[[Page S2537]]

Observation System established under section 6(a).
(16) Plan.--The term ``Plan'' means the Comprehensive Gulf
of Mexico Recovery Plan developed under section 5(a).
(17) Strategy.--The term ``Strategy'' means the regional
ecosystem restoration strategy developed by the Gulf Coast
Ecosystem Restoration Task Force established by Executive
Order 13554 (16 U.S.C. 1451 note; relating to the Gulf Coast
Ecosystem Restoration Task Force).

SEC. 3. GULF OF MEXICO RECOVERY COUNCIL.

(a) Establishment.--There is established the Gulf of Mexico
Recovery Council.
(b) Membership.--The Council shall be composed of each
member of the Gulf Coast Ecosystem Restoration Task Force
established by Executive Order 13554 (16 U.S.C. 1451 note;
relating to the Gulf Coast Ecosystem Restoration Task Force).
(c) Chairperson.--The President shall select a Chairperson
from among the members of the Council.
(d) Duties.--The Council, in coordination with the natural
resource trustees, shall--
(1) develop the Plan;
(2) establish guidelines for the provision of, and provide,
grants in accordance with subsection (e);
(3) establish the Observation System;
(4) establish the Fishery Endowment;
(5) coordinate the sharing of scientific information and
other research associated with Gulf coast economic
development, ecosystem restoration, and public health
rehabilitation;
(6) form partnerships with Federal and State agencies,
institutions of higher education, research consortia, private
companies, and other relevant entities; and
(7) submit to the appropriate committees of Congress an
annual report under subsection (f).
(e) Grants.--
(1) In general.--Using amounts made available for
expenditure from the Fund for a fiscal year, the Council
shall provide grants in accordance with this subsection.
(2) Grants to local political subdivisions.--
(A) In general.--For each fiscal year, of the amounts made
available for expenditure from the Fund, the Council shall
use 45 percent of the amounts to provide grants to local
political subdivisions.
(B) Request for grant proposals.--Not later than 30 days
after the date of enactment of this Act, and every 180 days
thereafter until such time as the percentage of amounts
specified in subparagraph (A) for a fiscal year has been
provided in the form of grants under this paragraph, the
Council shall issue to each local political subdivision
affected by the Gulf oil spill, as determined by the Council,
a request for proposal for grants for activities relating to
Gulf coast economic development, ecosystem restoration, and
public health rehabilitation, including--
(i) environmental restoration and remediation (including
remediation in coastal and marine ecosystems);
(ii) academic and applied research regarding the economy,
environment, and public health of the local political
subdivision;
(iii) seafood marketing;
(iv) tourism and tourism marketing;
(v) coastal land acquisition;
(vi) ecosystem resource planning;
(vii) renewable and clean energy production and
development, energy conservation, and related retrofitting
projects;
(viii) workforce development; and
(ix) environmental education.
(C) Consistency with regional ecosystem restoration
strategy.--The Council shall ensure that any funds made
available under this paragraph shall be used for projects and
activities that are consistent with the Strategy.
(D) Timing of provision of grants.--The Council shall
provide a grant under this paragraph not later than 120 days
after the date on which the Council receives a proposal for
the grant described in subparagraph (B).
(3) Grants from council for plan and observation system.--
(A) In general.--For each fiscal year, of the amounts made
available for expenditure from the Fund, the Council shall
use 50 percent of the amounts to provide grants for use in--
(i) funding projects, programs, or activities to meet the
goals described in section 5(b); and
(ii) carrying out section 6.
(B) Eligible recipients.--The Council may provide a grant
under this paragraph--
(i) for a purpose described in subparagraph (A)(i), to--

(I) a Federal or State agency;
(II) an institution of higher education; or
(III) a local political subdivision; and

(ii) for the purpose described in subparagraph (A)(ii), to
eligible entities selected by the Council under section
6(b)(2)(A).
(C) Condition for receipt of grant.--As a condition on the
receipt of a grant under this paragraph, and eligible
recipient described in subparagraph (B)(i) shall agree to
coordinate with the Council to develop and modify proposed
projects to address needs under, and achieve the goals of,
the Plan.
(4) Method of allocation.--
(A) In general.--The Council shall allocate the amounts to
be used within each Gulf State under this paragraph in
accordance with subparagraph (B).
(B) Allocation.--
(i) Proportionate share of length of gulf coast
shoreline.--Of the amounts allocated to a Gulf State
described in subparagraph (A) for each fiscal year, 60
percent shall be allocated based on the proportion that, as
determined by the Council based on the most recently
available data from, or accepted by, the Office of Coast
Survey of the National Oceanic and Atmospheric
Administration--

(I) the aggregate length of the Gulf coast shoreline of the
Gulf State; bears to
(II) the aggregate length of the Gulf coast shoreline of
all Gulf States.

(ii) Proportionate share of aggregate population.--Of the
amounts allocated to a Gulf State described in subparagraph
(A) for each fiscal year, 40 percent shall be allocated based
on the proportion that, as determined by the Council based on
data collected during the most recent decennial census--

(I) the aggregate population of all counties located, in
whole or in part, within the designated Gulf coast boundaries
of the Gulf State; bears to
(II) the aggregate population of all counties located, in
whole or in part, within the designated Gulf coast boundaries
in all Gulf States.

(iii) Adjustment authority.--In carrying out this paragraph
for a fiscal year, the Council may increase or decrease the
percentages of funds provided under clauses (i) and (ii) for
the fiscal year by not more than 5 percent, based on the
severity of impacts of the Gulf oil spill on a particular
Gulf State, as determined by the Council, on the condition
that the total of the percentages under those clauses remains
100 percent after all such increases and decreases.
(5) Administrative expenses.--Not more than 5 percent of
the amount of any grant provided under this subsection may be
used for administrative expenses.
(6) Fishery endowment.--For each fiscal year, an amount
equal to 5 percent of the amounts in the Fund shall be--
(A) deposited by the Council in a subaccount in the
Treasury; and
(B) made available to the Administrator of the National
Oceanic and Atmospheric Administration and the Regional Gulf
of Mexico Fishery Management Council for use in administering
and implementing the Fishery Endowment.
(f) Annual Reports.--Not later than September 30, 2012, and
annually thereafter, the Council shall submit to the
appropriate committees of Congress a report that, for the
period covered by the report, contains a description of
each--
(1) activity of the Council, including each grant provided
by the Council under subsection (e); and
(2) policy, plan, activity, and project carried out under
this Act.
(g) Authority to Transfer Fund.--The Council may transfer
amounts from the Fund to Federal agencies for the purpose of
carrying out this Act, including for the purposes of--
(1) carrying out Plan;
(2) administering the Fishery Endowment; and
(3) administering the Observation System.
(h) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Council.

SEC. 4. GULF OF MEXICO RECOVERY FUND.

(a) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Gulf of Mexico
Recovery Fund'', to be administered by the Council for
authorized uses described in subsection (c).
(b) Transfers to Fund.--Notwithstanding any other provision
of law, the Secretary of the Treasury shall deposit in the
Fund amounts equal to not less than 100 percent of any
amounts collected by the United States before, on, or after
the date of enactment of this Act, and available on or after
the date of enactment of this Act, as penalties, settlements,
or fines under sections 309 and 311 of the Federal Water
Pollution Control Act (33 U.S.C. 1319, 1321) in relation to
the Gulf oil spill.
(c) Authorized Uses.--Amounts in the Fund shall be
available to the Council for the conduct of activities
relating to Gulf coast economic development, ecosystem
restoration, and public health rehabilitation in accordance
with this Act, including the provision of grants under
section 3(e).

SEC. 5. COMPREHENSIVE GULF OF MEXICO RECOVERY PLAN.

(a) Development of Plan.--In accordance with subsection
(b), the Council, in accordance with the Strategy and taking
into consideration the advice of the Scientific Advisory
Committee and the Citizens' Advisory Committee, shall develop
a comprehensive plan to restore, revitalize, and increase the
resiliency of the Gulf of Mexico ecosystem.
(b) Goals.--The goals of the Plan shall include, with
respect to the Gulf coast--
(1) ecosystem monitoring; and
(2) ecosystem recovery and resiliency, with an emphasis on
a holistic, comprehensive approach covering coastal,
nearshore, deep water.
(c) Implementation.--The Council shall provide grants under
section 4(c)(3)(A) for use in funding projects, programs, or
activities to meet the goals described in subsection (b).

SEC. 6. GULF OF MEXICO OBSERVATION SYSTEM.

(a) Establishment.--The Council shall establish the Gulf of
Mexico Observation System to observe, monitor, and map the
Gulf in a comprehensive manner.

[[Page S2538]]

(b) Administration.--The Observation System shall be--
(1) implemented through a Gulf of Mexico Exploration
Research Center; and
(2) administered by 1 or more eligible entities that--
(A) are selected by the Council based on an application
demonstrating the ability of the eligible entity to carry out
this section; and
(B) receive a grant for that purpose under section
3(e)(3)(A)(ii).
(c) Facilitation of Existing Technologies.--An eligible
entity administering the Observation System under subsection
(b) shall facilitate the use of existing technologies to
quickly increase, to the maximum extent practicable,
observation and monitoring capabilities in the Gulf.
(d) Development of New Technologies.--An eligible entity
administering the Observation System under subsection (b)
shall facilitate the development of new monitoring
technologies.
(e) Coordination With National Integrated Coastal and Ocean
Observation System.--The Council shall ensure that the
Observation System is developed in coordination with the
National Integrated Coastal and Ocean Observation System
established under section 12304(a) of the Integrated Coastal
and Ocean Observation System Act of 2009 (33 U.S.C. 3603(a)).

SEC. 7. GULF OF MEXICO FISHERY ENDOWMENT.

(a) Establishment.--As soon as practicable after the date
of enactment of this Act, the Council shall establish a
fishery endowment to ensure, to the maximum extent
practicable, the long-term sustainability of fish stocks and
the recreational, commercial, and charter fishing industry in
the Gulf of Mexico.
(b) Funding.--For each fiscal year, of the amounts made
available for expenditure from the subaccount described in
section 3(e)(6)(A), 95 percent of the interest accrued in the
subaccount may be expended for, with respect to the Gulf of
Mexico--
(1) data collection and stock assessments;
(2) pilot programs for--
(A) fishery independent data; and
(B) spawning aggregations reduction;
(3) cooperative research; and
(4) training and education on sustainable fishing practices
and gear use.
(c) Administration; Implementation.--The Fishery Endowment
shall be--
(1) administered by the Administrator of the National
Oceanic and Atmospheric Administration; and
(2) implemented by the Regional Gulf of Mexico Fishery
Management Council.

SEC. 8. CITIZENS ADVISORY COMMITTEE.

(a) Establishment.--There is established the Citizens'
Advisory Committee.
(b) Membership.--
(1) In general.--The Citizens' Advisory Committee shall be
composed of 39 members, of whom--
(A) 30 members shall be voting members--
(i) of whom--

(I) 6 members shall be residents of, and represent, the
State of Alabama;
(II) 6 members shall be residents of, and represent, the
State of Florida;
(III) 6 members shall be residents of, and represent, the
State of Louisiana;
(IV) 6 members shall be residents of, and represent, the
State of Mississippi; and
(V) 6 members shall be residents of, and represent, the
State of Texas; and

(ii) each of whom shall represent an interest of the State
of which the member represents, including an interest
relating to--

(I) the commercial fin fish and shellfish industry;
(II) the charter fishing industry;
(III) the restaurant, hotel, and tourism industries;
(IV) indigenous peoples communities;
(V) the marine and coastal conservation community; and
(VI) incorporated and unincorporated municipalities; and

(B) 9 members shall be nonvoting members, of whom--
(i) 1 member shall be appointed by, and represent, the
Secretary of the department in which the Coast Guard is
operating;
(ii) 1 member shall be appointed by, and represent, the
Administrator of the Environmental Protection Agency;
(iii) 1 member shall be appointed by, and represent, the
Administrator of the National Oceanic and Atmospheric
Administration;
(iv) 1 member shall be appointed by, and represent, the
Secretary of the Interior;
(v) 1 member shall be appointed by, and represent, the lead
maritime environmental and natural resources management and
enforcement agency of the State of Alabama;
(vi) 1 member shall be appointed by, and represent, the
lead maritime environmental and natural resources management
and enforcement agency of the State of Florida;
(vii) 1 member shall be appointed by, and represent, the
lead maritime environmental and natural resources management
and enforcement agency of the State of Louisiana;
(viii) 1 member shall be appointed by, and represent, the
lead maritime environmental and natural resources management
and enforcement agency of the State of Mississippi; and
(ix) 1 member shall be appointed by, and represent, the
lead maritime environmental and natural resources management
and enforcement agency of the State of Texas.
(2) Geographic balance.--Voting and nonvoting members
representing States shall be appointed equally from each
State represented on the Citizens' Advisory Committee.
(c) Terms.--
(1) In general.--Except as provided in paragraph (2), the
voting members of the Citizens' Advisory Committee shall be
appointed for a term of 3 years.
(2) Initial appointments.--To establish the terms of the
group of first appointments of voting members to the
Citizens' Advisory Committee, a drawing of lots among the
initial members shall be conducted under which--
(A) \1/3\ of the group shall serve for a period of 3 years;
(B) \1/3\ of the group shall serve for a period of 2 years;
and
(C) \1/3\ of the group shall serve for a period 1 year.
(3) Duration of committee.--The authority of the Citizens'
Advisory Committee shall continue during the lifetime of
energy development, transportation, and facility removal
activities in the Gulf of Mexico.
(d) Administration.--
(1) In general.--The Citizens' Advisory Committee shall--
(A) elect a Chairperson from among the members of the
Citizens' Advisory Committee;
(B) select a staff; and
(C) make policies with regard to the internal operating
procedures of the Citizens' Advisory Committee.
(2) Self-governance.--
(A) Initial meeting.--After the date on which the Secretary
of the department in which the Coast Guard is operating
conducts an initial organizational meeting for the Citizens'
Advisory Committee, the Citizens' Advisory Committee shall be
self-governing.
(B) Initial meeting.--Not later than 60 days after the date
on which all members of the Citizens' Advisory Committee have
been appointed, the Citizens' Advisory Committee shall hold
the initial meeting of the Citizens' Advisory Committee.
(C) Periodic meetings.--The Citizens' Advisory Committee
shall conduct meetings not less frequently than 1 meeting per
calendar year.
(3) Transparency.--Subject to subsection (e)(2), the
Citizens' Advisory Committee shall--
(A) conduct the operations of the Citizens' Advisory
Committee in a manner that is accessible by the public;
(B) ensure that each work product adopted by the Citizens'
Advisory Committee is publicly accessible;
(C) conduct not less than 1 meeting during each calendar
year that is open to the public, for which the Citizens'
Advisory Committee shall provide public notice not later than
30 days before the date of the meeting; and
(D) maintain a public website containing, at a minimum--
(i) recommendations made by the Citizens' Advisory
Committee, and information as to whether the recommendations
have been adopted (including an explanation of each reason of
the Citizens' Advisory Committee for not adopting a
recommendation);
(ii) a description of plans under review, carried out in a
manner that does not disclose any confidential or privileged
information;
(iii) a statement of industry standards; and
(iv) an interactive component that enables the public--

(I) to submit questions and comments; and
(II) to report problems.

(4) Conflicts of interest.--An individual selected as a
voting member of the Citizens' Advisory Committee may not
engage in any activity that may conflict with the execution
of the functions or duties of the individual as a member of
the Citizens' Advisory Committee.
(e) Information From Federal Agencies and Industry.--
(1) In general.--The Citizens' Advisory Committee may
request directly from any Federal agency information,
suggestions, estimates, and statistics to carry out this
section.
(2) Access.--The Citizens' Advisory Committee shall have
access to--
(A) facilities and nonproprietary records of the oil and
gas industry that are relevant to the proper execution of the
duties of the Citizens' Advisory Committee under this
section; and
(B) records containing proprietary information if--
(i) the records are relevant to the proper execution of the
duties of the Citizens' Advisory Committee under this
section; and
(ii) the proprietary information is redacted to the extent
necessary and appropriate.
(f) Committee Recommendations.--All recommendations of the
Committee shall only be advisory.
(g) Location and Compensation.--
(1) Office locations.--The Council shall establish offices
in 1 or more Gulf States, as the Citizens' Advisory Committee
determines to be necessary and appropriate to carry out the
operations of the Citizens' Advisory Committee.
(2) Compensation.--A member of the Citizens' Advisory
Committee shall--
(A) serve without compensation; and
(B) be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for an employee of an
agency under subchapter I of chapter 57 of title 5, United
States Code (except by express authorization of the Citizens'
Advisory Committee in any case in which the rates are
inadequate to reimburse a member not eligible for travel
rates of the Federal Government).
(h) Reports.--

[[Page S2539]]

(1) Duty of comptroller general of the united states.--Not
later than 3 years after the date of establishment of the
Citizens' Advisory Committee, and every 3 years thereafter,
the Comptroller General of the United States shall submit to
the President and the appropriate committees of Congress a
report that contains a description of, for the period covered
by the report, the operations and expenditures of the
Citizens' Advisory Committee in carrying out this section
(including any recommendation of the Comptroller General of
the United States).
(2) Duty of citizens' advisory committee.--Not later than 2
years after the date of establishment of the Citizens'
Advisory Committee, and every 2 years thereafter, the
Citizens' Advisory Committee shall submit to the appropriate
committees of Congress a report that contains, for the period
covered by the report, a description of--
(A) the extent of achievement of safe operations in the
Gulf of oil and gas activities;
(B) unresolved problems and concerns with operations,
activities, and plans; and
(C) the operations and expenditures, needs, issues, and
recommendations of the Citizens' Advisory Committee.

SEC. 9. SCIENTIFIC ADVISORY COMMITTEE.

(a) Establishment.--There is established the Scientific
Advisory Committee to provide advice to the Council regarding
the science behind the Plan and long-term monitoring and
restoration of the Gulf coast ecosystem.
(b) Membership.--The Scientific Advisory Committee shall be
composed of 16 members, of whom--
(1) 10 shall be voting members, of whom--
(A) with respect to the State of Alabama, 2 members shall
be appointed by the State, of whom--
(i) 1 shall be a scientist employed by an institution of
higher education located in the State; and
(ii) 1 shall be a representative of the environmental
protection or quality agency of the State;
(B) with respect to the State of Florida, 2 members shall
be appointed by the State, of whom--
(i) 1 shall be a scientist employed by an institution of
higher education located in the State; and
(ii) 1 shall be a representative of the environmental
protection or quality agency of the State;
(C) with respect to the State of Louisiana, 2 members shall
be appointed by the State, of whom--
(i) 1 shall be a scientist employed by an institution of
higher education located in the State; and
(ii) 1 shall be a representative of the environmental
protection or quality agency of the State;
(D) with respect to the State of Mississippi, 2 members
shall be appointed by the State, of whom--
(i) 1 shall be a scientist employed by an institution of
higher education located in the State; and
(ii) 1 shall be a representative of the environmental
protection or quality agency of the State; and
(E) with respect to the State of Texas, 2 members shall be
appointed by the State, of whom--
(i) 1 shall be a scientist employed by an institution of
higher education located in the State; and
(ii) 1 shall be a representative of the environmental
protection or quality agency of the State; and
(2) 4 shall be nonvoting members, of whom--
(A) 1 member shall be appointed by the Administrator of the
National Oceanic and Atmospheric Administration;
(B) 1 member shall be appointed by the Administrator of the
Environmental Protection Agency;
(C) 1 member shall be appointed by the Director of the
National Institute for Standards and Technology; and
(D) 1 member shall be appointed by the Secretary of the
Interior.
(c) Duties.--Not later than 2 years after the date of
enactment of this Act, and biennially thereafter, the
Scientific Advisory Committee shall prepare and submit to the
Council a report that describes, for the period covered by
the report, the science regarding--
(1) impacts to the Gulf and Gulf coast from the Gulf oil
spill;
(2) the progress of restoration activities for the Gulf and
Gulf coast; and
(3) the implementation of the Plan.

SEC. 10. EFFECT ON OTHER LAW.

Nothing in this section supersedes or otherwise affects any
provision of Federal law, including, in particular, laws
providing recovery for injury to natural resources under the
Oil Pollution Act of 1990 (33 U.S.C 2701 et seq.).

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