[Congressional Record Volume 157, Number 64 (Wednesday, May 11, 2011)]
[Senate]
[Pages S2876-S2889]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. AYOTTE (for herself, Mr. Graham, Mr. Lieberman, Mr. 
        Chambliss, Mr. Brown of Massachusetts, Mr. Rubio, and Mr. 
        Webb):
  S. 944. A bill to reaffirm the authority of the Department of Defense 
to maintain United States Naval Station, Guantanamo Bay, Cuba, as a 
location for the detention of unprivileged enemy belligerents held by 
the Department of Defense, and for other purposes; to the Committee on 
Armed Services.
  Ms. AYOTTE. Mr. President, nearly 10 years after the September 11 
terrorist attacks, our country remains at war with violent extremists 
who want to kill Americans. Yet the administration has not designated a 
secure location for detaining, interrogating, and trying current and 
future terrorist detainees. Rather than seeking to address this 
problem, the administration continues to insist on closing Guantanamo 
Bay.
  Earlier this week, Attorney General Holder in Paris reiterated the 
administration's determination to ultimately close the Guantanamo Bay 
facility. This determination to close Gitmo represents a misguided view 
that treats terrorism like everyday crime, hesitates to call this war 
on terrorism what it is, and places the perceptions of others over the 
safety of Americans.
  I believe this desire to close Guantanamo represents an unacceptable 
abrogation of the Federal Government's most important responsibility: 
providing for the common defense. Therefore, today I rise to introduce 
and to urge my colleagues to support Senate bill 944, the Detaining 
Terrorists to Secure America Act of 2011.
  Our diligent intelligence professionals and our brave special 
operations forces who brought bin Laden to justice don't need to be 
reminded that the United States and our international partners remain 
engaged in a war with violent Islamist extremist groups, including al-
Qaida and associated terrorist groups that are committed to killing 
Americans and our allies. Indeed, in the treasure trove of information 
our forces gathered at bin Laden's compound, we have learned the 
terrorist groups are actively plotting new attacks against our country. 
This is the latest in a long string of attacks, or planned attacks, 
against our country in the last 2 years alone.
  Just some of the examples of what we have seen: In September 2009, 
the plot to conduct a suicide bomb attack on the New York subway 
system; to the November 2009 attack on Fort Hood that killed 13 people 
and wounded 32; to the Christmas Day 2009 attempted bombing on an 
international flight to Detroit; to the May 2010 attempt to bomb Times 
Square; to the October 2010 attempt to send explosives to Jewish 
centers in Chicago; to a February 2011 plot to manufacture explosives 
and to conduct attacks in Texas and in New York. Al-Qaida and their 
fellow terrorists continue to threaten our country. Bin Laden's death 
is a significant blow to al-Qaida and associated terrorist 
organizations and a great accomplishment for our country, but the 
threat continues and our detention policies must reflect that reality.
  Since 2001, we have captured and detained thousands of terrorists who 
have planned and conducted attacks and who have served as terrorist 
trainers, financiers, bomb makers, bodyguards, recruiters, and 
facilitators. Interrogations of these terrorists, including those at 
Guantanamo, have provided valuable intelligence that has prevented 
attacks, saved lives, and helped locate other terrorists. Detention and 
interrogation of terrorists at Guantanamo not only protects American 
lives which is the core function of our federal government, but 
detention and interrogation of terrorists at Guantanamo also protects 
our allies. Of course, the most recent and noteworthy example that 
demonstrates the value of intelligence gleaned from detainee 
interrogations is the case of Osama bin Laden. Our intelligence 
community would never have found bin Laden if it weren't for the 
intelligence gleaned from the interrogation of terrorist detainees.
  Not only have interrogations of detainees helped us track down other 
terrorists, but detaining terrorists helps prevent future attacks. 
Unfortunately, as Secretary Gates confirmed in response to my question 
during an Armed Services Committee hearing in February, approximately 1 
out of 4, or 25 percent of the Guantanamo detainees who have been 
released, have reengaged or we suspect have reengaged in hostilities 
against the United States and our allies. I can tell my colleagues, as 
a former prosecutor that is an unacceptable reengagement rate.
  Former Guantanamo detainees are conducting suicide bombings, 
recruiting radicals, and training them to kill Americans and our 
allies. Said al Shihri and Abdul Zakir represent two examples of former 
Guantanamo detainees who have returned to the fight and assumed 
leadership positions in terrorist organizations that are dedicated to 
killing Americans and our allies. Said al Shihri is now working as the 
No. 2 in al-Qaida in the Arabian Peninsula. After a recent promotion, 
Abdul Zakir now serves as a top Taliban military commander and a senior 
leader in the Taliban Quetta Shura. In the world of terrorists, it has 
become a badge of honor to have served at Guantanamo, and then to have 
been released, and then to get back into the fight against us.
  It is unacceptable for even one released detainee to reengage in the 
fight against our country. As a military spouse and a member of the 
Senate Armed Services Committee, I find it sickening that our country 
has released dangerous prisoners who are

[[Page S2877]]

now actively plotting to kill Americans and our allies.
  Some have expressed concerns regarding the legality of long-term 
detention for these terrorists, or expressed concerns about the 
conditions at Guantanamo. I wish to address both of those concerns.
  First, as the former Attorney General of the State of New Hampshire, 
I am as eager as anyone to ensure that our detention policies conform 
to the rule of law and reflect our core values. Some have questioned 
the legality of detaining terrorists. Yet we should be very clear that, 
according to the law of war, detention is a matter of national security 
and military necessity and has long been recognized as legitimate under 
international law.
  Second, some have expressed concerns about the conditions at 
Guantanamo. In March, I visited the Guantanamo Bay detention facility. 
Gitmo now represents the most professionally run detention facility in 
the world. International human rights activists, reporters, Members of 
the Congress and the Senate, constantly stream through Guantanamo 
checking on the conditions and holding the Department of Defense 
accountable. Guantanamo is no Abu Ghraib. Detainees are treated in a 
manner that conforms to international law and honors our values. 
Guantanamo detainees receive three meals a day tailored to the 
preferences of each detainee. They also have access to topnotch health 
care facilities. Their religion is respected. They have television, 
newspapers, books, English classes, and art classes. In fact, the 
officials at Guantanamo bend over backwards to respect the cultural and 
religious preferences of the detainees who are held there. Don't get me 
wrong; Guantanamo is no Club Med, but the terrorists who are detained 
there, most of whom would undoubtedly kill Americans if they were given 
the chance, are getting much better treatment than they deserve.
  As a former prosecutor, I have been in a few prisons in my time, and 
I can tell my colleagues the detention facility at Gitmo is much nicer 
than some that our common criminals are in, in the United States of 
America. I was also impressed with the state-of-the-art courtroom at 
Guantanamo which would rival any Federal courtroom in the United 
States. However, unlike your average courtroom, it is set up to address 
the special security concerns associated with trying terrorists and it 
is also especially designed to enable the judge to ensure that 
classified information will not be compromised or leaked. This 
courtroom is the appropriate courtroom and venue for Khalid Sheikh 
Mohammed and the other 9/11 conspirators to be held accountable for 
their roles in the horrific attacks on our country on September 11. And 
after almost 10 years, the victims of September 11 have waited much too 
long for justice.
  I believe our country stands on a solid legal framework in detaining 
terrorists according to the law of war, and I also believe Guantanamo 
represents the ideal facility for detaining, interrogating, and trying 
current and future terrorist detainees.
  Some may ask, Why introduce this legislation now? Why is it needed? 
In February, during a Senate Armed Services Committee hearing, I asked 
Secretary Gates where we would detain high value terrorists that we 
capture in the future if the President goes forward with his plan to 
close Guantanamo. Secretary Gates candidly said to me: ``I think the 
honest answer to that question is we don't know.''
  I was encouraged by President Obama's decision to resume military 
commissions at Guantanamo. Yet the administration was careful to 
reiterate its determination to ultimately close Guantanamo. 
Unfortunately, as I previously mentioned, on Monday Attorney General 
Holder, in Paris, reiterated the administration's desire to close 
Guantanamo. But we know intelligence gathered at Guantanamo played a 
valuable role in helping to ultimately find Osama bin Laden. We know 
there are other terrorists out there who want to do us harm, and we 
need to keep this facility open. For this reason, I believe Congress 
must pass this legislation without delay.
  Before concluding, let me briefly summarize what S. 944 will do.
  This legislation reaffirms the authority to maintain Gitmo as an 
operating facility for the detention of current and future unprivileged 
enemy belligerents.
  It directs the Secretary of Defense to take actions to maintain Gitmo 
as an operating facility for the detention of current and future 
unprivileged enemy belligerents.
  It extends permanently the limitation of transfer of detainees to 
foreign entities and the prohibition of construction or modification of 
facilities in the United States of America for detaining terrorists. We 
have heard loud and clear from the American people that they do not 
want terrorists detained on American soil.
  Finally, it supersedes sections of President Obama's Executive order 
that he issued shortly after he got into office on January 22, 2009. He 
issued an Executive order saying that Guantanamo would be closed. This 
legislation will supersede the portions of that Executive order related 
to the closure of Gitmo, the determination of transfer, the prosecution 
of terrorists in article III courts and the military tribunals.
  In short, this legislation would establish Gitmo as the permanent 
location for detaining, interrogating, and trying unprivileged enemy 
belligerents or terrorists. To accomplish this, we will permanently 
limit the transfer of detainees to foreign entities because what has 
happened is that terrorist detainees have been transferred to foreign 
countries and then the foreign countries release the former detainee. 
That is how so many former detainees have made there way back to the 
battlefield. So we have to stop that. And this legislation will 
prohibit the construction or modification of facilities in the United 
States of America for detaining terrorists, to make sure we keep 
detained terrorists at Gitmo and off U.S. soil.
  I am proud to introduce this bipartisan legislation called Detaining 
Terrorists to Secure America Act of 2011, S. 944. I am especially proud 
that many friends and colleagues have decided to support this 
bipartisan legislation, including Senators Graham, Lieberman, 
Chambliss, Brown, Rubio and Webb, all of whom have been leaders when it 
comes to fighting terrorism and protecting Americans.
  Everything we do in this Chamber must be guided by our Constitution, 
and the Federal Government must fulfill its most important 
constitutional duty of protecting the American people. Pretending we 
are not at war with terrorists will not change the fact that terrorists 
continue to plot against us and to attack Americans. Consistent with 
our values and the rule of law, we must establish the Guantanamo 
detention facility as the permanent location for detaining, 
interrogating, and trying terrorists.
  I urge my colleagues to support this legislation, and I thank the 
Presiding Officer.
  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. 944

       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 ``Detaining Terrorists to 
     Secure America Act of 2011''

     SEC. 2. FINDINGS.

       Congress makes the following finding:
       (1) The United States and its international partners are in 
     an armed conflict with violent Islamist extremist groups, 
     including al Qaeda and associated terrorist organizations, 
     that are committed to killing Americans and our allies.
       (2) In the last 2 years, terrorists have repeatedly 
     attempted to kill Americans both here at home and abroad, 
     including the following attacks, plots, or alleged plots and 
     attacks:
       (A) A September 2009 plot by Najibullah Zazi--who received 
     training from al Qaeda in Pakistan--to conduct a suicide bomb 
     attack on the New York, New York, subway system.
       (B) A November 2009 attack by Nidal Malik Hasan at Fort 
     Hood, Texas, that killed 13 people and wounded 32.
       (C) A Christmas Day 2009 attempt by Umar Farouk 
     Abdulmutallab to detonate a bomb sewn into his underwear on 
     an international flight to Detroit, Michigan.
       (D) A May 2010 attempt by Faisal Shahzad to bomb Times 
     Square in New York, New York, on a crowded Saturday evening, 
     an attack that was unsuccessful only because the car bomb 
     failed to detonate.
       (E) An October 2010 attempt by terrorists in Yemen to send, 
     via commercial cargo flights, 2 packages of explosives to 
     Jewish centers in Chicago, Illinois.

[[Page S2878]]

       (F) A February 2011 plot by Khaled Aldawsari, a Saudi-born 
     student, to manufacture explosives and potentially attack New 
     York, New York, the Dallas, Texas, home of former President 
     George W. Bush, as well as hydroelectric dams, nuclear power 
     plants, and a nightclub.
       (3) Since the September 11, 2001, attacks on our Nation, 
     the United States and allied forces have captured thousands 
     of individuals fighting for or supporting al Qaeda and 
     associated terrorist organizations that do not abide by the 
     law of war, including detainees at United States Naval 
     Station, Guantanamo Bay, Cuba, who served as planners of 
     those attacks, trainers of terrorists, financiers of 
     terrorists, bomb makers, bodyguards for Osama bin Laden, 
     recruiters of terrorists, and facilitators of terrorism.
       (4) Many of the detainees at United States Naval Station, 
     Guantanamo Bay provided valuable intelligence that gave the 
     United States insight into al Qaeda and its methods, 
     prevented terrorist attacks, and saved lives.
       (5) Intelligence obtained from detainees at United States 
     Naval Station, Guantanamo Bay was critical to eventually 
     identifying the location of Osama bin Laden.
       (6) In a February 17, 2011, hearing of the Committee on 
     Armed Services of the Senate, the Secretary of Defense 
     confirmed that approximately 25 percent of detainees released 
     from the detention facility at United States Naval Station, 
     Guantanamo Bay are confirmed to have reengaged in hostilities 
     or are suspected of having reengaged in hostilities against 
     the United States or our allies.
       (7) Al Qaeda in the Arabian Peninsula, an organization that 
     includes former detainees at United States Naval Station, 
     Guantanamo Bay among its leadership and ranks, has claimed 
     responsibility for several of the recent plots and attacks 
     against the United States.
       (8) Detention according to the law of war is a matter of 
     national security and military necessity and has long been 
     recognized as legitimate under international law.
       (9) Detaining unprivileged enemy belligerents prevents them 
     from returning to the battlefield to attack United States and 
     allied military personnel and engaging in future terrorist 
     attacks against innocent civilians.
       (10) The Joint Task Force-Guantanamo provides for the 
     humane, legal, and transparent care and custody of detainees 
     at United States Naval Station, Guantanamo Bay, 
     notwithstanding regular assaults on the guard force by some 
     detainees.
       (11) The International Committee of the Red Cross visits 
     detainees at United States Naval Station, Guantanamo Bay on a 
     quarterly basis.
       (12) The detention facility at United States Naval Station, 
     Guantanamo Bay benefits from robust oversight by Congress.

     SEC. 3. REAFFIRMATION OF AUTHORITY TO MAINTAIN UNITED STATES 
                   NAVAL STATION, GUANTANAMO BAY, CUBA, AS A 
                   LOCATION FOR THE DETENTION OF UNPRIVILEGED 
                   ENEMY BELLIGERENTS HELD BY THE DEPARTMENT OF 
                   DEFENSE.

       (a) Reaffirmation of Authority as Location for Detention of 
     Unprivileged Enemy Belligerents.--United States Naval 
     Station, Guantanamo Bay, Cuba, is and shall be a location for 
     the detention of individuals in the custody or under the 
     control of the Department of Defense who have engaged in, or 
     supported, hostilities against the United States or its 
     coalition partners on behalf of al Qaeda, the Taliban, or an 
     affiliated group to which the Authorization for Use of 
     Military Force (Public Law 107-40) applies.
       (b) Maintenance as an Operational Facility for Detention.--
     The Secretary of Defense shall take appropriate actions to 
     maintain United States Naval Station, Guantanamo Bay, Cuba, 
     as an open and operating facility for the detention of 
     current and future individuals as described in subsection 
     (a).
       (c) Permanent Extension of Certain Limitations Relating to 
     Detainees and Detention Facilities.--
       (1) Limitation on transfer of detainees to foreign 
     entities.--Section 1033(a)(1) of the Ike Skelton National 
     Defense Authorization Act for Fiscal Year 2011 (Public Law 
     111-383; 124 Stat. 4351) is amended by striking ``during the 
     one-year period'' and all that follows through ``by this 
     Act'' and inserting ``the Secretary of Defense may not use 
     any amounts authorized to be appropriated''.
       (2) Prohibition on construction of detention facilities in 
     united states.--Section 1034(a) of such Act (124 Stat. 4353) 
     is amended by striking ``None of the funds authorized to be 
     appropriated by this Act'' and inserting ``No funds 
     authorized to be appropriated or otherwise made available to 
     the Department of Defense, or to or for any other department 
     or agency of the United States Government,''.
       (d) Supersedure of Executive Order.--Sections 3, 4(c)(2), 
     4(c)(3), 4(c)(5), and 7 of Executive Order No. 13492, dated 
     January 22, 2009, shall have no further force or effect.
                                 ______
                                 
      By Mr. BAUCUS (for himself, Mr. Rockefeller, Mr. Begich, Mr. 
        Leahy, Mr. Sanders, Mr. Johnson of South Dakota, Mr. Bennet, 
        Mr. Udall of Colorado, Mr. Franken, and Mr. Conrad):
  S. 946. A bill to establish an Office of Rural Education Policy in 
the Department of Education; to the Committee on Health, Education, 
Labor, and Pensions.
  Mr. BAUCUS. Mr. President, Mike Mansfield once said, ``Knowledge is 
essential for acceptance and understanding.''
  This statement is all too true for the students and educators 
residing in rural areas. While rural education is becoming an 
increasingly large and important part of the U.S. public school system, 
the unique challenges and circumstances within these rural communities 
are often misunderstood or overlooked. According to the Digest of 
Education Statistics reported annually by the National Center for 
Education Statistics, the number of students attending rural schools 
increased by over 11 percent, from 10.5 million in 2004 to nearly 11.7 
million by 2008. Rural students now comprise almost \1/4\ of the 
Nation's public school enrollment. And nearly one-third of all schools 
in the nation are located in rural areas.
  Rural is also becoming increasingly diverse. According to NCES, the 
increase in rural enrollment between 2004 and 2009 was 
disproportionally among students of color. And in the 2007-2008 school 
year the national average rate of student poverty in rural school 
districts, as measured by the rate of participation in federally 
subsidized meals programs, was almost 40 percent.
  Yet despite the significant percentage enrolled in rural schools, the 
importance of rural education is often obscured by the fact that rural 
students are, naturally, widely-dispersed, located in small, 
geographically isolated school districts. The size, diversity, and 
complexity of rural education support a greater policy focus on the 
unique challenges and solutions for rural education.
  Montana is the fourth largest state by land mass, totaling over 
147,000 square miles. More than half of Montana's 830 schools enroll 
less than 100 students. From Eureka to Ekalaka, from Scobey to Darby, 
these small schools dot the landscape, providing not only a learning 
environment but often a community center.
  Montana's rural communities are doing an excellent job educating 
Montana's next generation. Overall, Montana graduation rates are higher 
than the national average. Montana students taking the National 
Assessment of Educational Progress, NAEP, in 2009 scored higher than 
the national average in both reading and math.
  But despite the success of Montana's rural schools, these schools 
face a unique set of challenges that their urban-centric peers may not 
even comprehend. In 2004, the U.S. Government Accountability Office 
released a report highlighting the needs and distinctive challenges of 
rural schools and districts across this nation.
  For example, rural schools report greater difficulties in recruiting 
and retaining qualified teachers, due to inability to offer competitive 
salaries, geographic isolation, and for some, severe weather. Rural 
districts often have fewer personnel. The district superintendent is 
often also the high school principal. He or she may also be the Title I 
coordinator, math curriculum specialist, and sometimes also the head of 
transportation services! In isolated areas, schools face challenges in 
providing professional development and training for teachers and 
principals. Small rural districts are often located long distances from 
other districts, towns, and universities, drastically reducing 
opportunities to partner or collaborate. Additionally, the long 
distances students must travel between school and home make it more 
difficult to participate in traditional remedial services, mentoring, 
and after school programs.
  I commend the Secretary for efforts he has taken to try to address 
concerns of rural areas. However, these efforts have fallen short, and 
in some cases, even good intentions have created adverse consequences. 
Most recently, the Investing in Innovation, i3, competitive grant 
program provided ``competitive preference points'' for applicants 
serving at least one rural district, in an effort to encourage and 
support rural applicants. However, the department's lack of guidance 
and independent scorers' lack of understanding of rural areas still 
left authentically rural programs at a clear disadvantage. The Rural 
School & Community Trust highlighted in its report Taking Advantage 
that this ``rural preference'' instead had the effect of inducing

[[Page S2879]]

urban applicants to include minimal rural participation merely in order 
to gain the additional scoring points for primarily urban projects.
  I am joined today by my colleague from West Virginia, Senator 
Rockefeller, in introducing the Office of Rural Education Policy Act. 
This bill will establish the Office of Rural Education Policy, housed 
at the Department of Education's Office of Elementary & Secondary 
Education. This office and its director will be tasked with 
coordinating the activities related to rural education and advising the 
Secretary on issues important to rural schools and districts. The 
legislation requires the department to consider the impact of proposed 
rules and regulations on rural education and to produce an annual 
report on the condition of rural education. The Office of Rural 
Education Policy will be tasked with establishing a clearinghouse for 
collecting and disseminating information related to the unique 
challenges of rural areas, as well as the innovative efforts under way 
in rural schools to tackle these challenges.
  The strong list of supporters of this bill further solidifies the 
need for an Office of Rural Education Policy. We have received strong 
support from: American Association of Community Colleges, American 
Association of School Administrators, Alliance for Excellent Education, 
Association of Educational Service Agencies, Center for Rural Affairs, 
Coalition for Community Schools, Council for Opportunity in Education, 
Montana School Board Association, Montana State Superintendents 
Association, Montana Rural Education Association, National Association 
of State Boards of Education, National Association of Development 
Organizations, National Association of Elementary School Principals, 
National Association of Federally Impacted Schools, National Education 
Association, National Congress of American Indians, National Farmers 
Union, National Indian Education Association, National Rural Education 
Association, National Rural Education Advocacy Coalition, National 
School Board Association, Organizations Concerned about Rural 
Education, Public Education Network, Rural School and Community Trust, 
and Save the Children. I want to thank all the supporters of the bill, 
and want to particularly thank the efforts of the Rural School and 
Community Trust for its steadfast commitment to this proposal.
  Mike Mansfield was right. ``Knowledge is essential for acceptance and 
understanding.'' I look forward to working with my colleagues here in 
the Senate to move this legislation, to bring about greater knowledge 
of rural schools and ensure they are both accepted and understood.
  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. 946

       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 ``Office of Rural Education 
     Policy Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) The Secretary of Education has recognized that 
     ``[r]ural schools have unique challenges and benefits'', but 
     a recent report by the Rural School and Community Trust 
     refers to the ``paucity of rural education research in the 
     United States''.
       (2) Rural education is becoming an increasingly large and 
     important part of the United States public school system. 
     According to the Digest of Education Statistics reported 
     annually by the National Center for Education Statistics, the 
     number of students attending rural schools increased by more 
     than 11 percent, from 10,500,000 to nearly 11,700,000, 
     between the 2004-2005 and 2008-2009 school years. The share 
     of the Nation's public school enrollment attending rural 
     schools increased from 21.6 percent to 23.8 percent. In 
     school year 2008-2009, these students attended 31,635 rural 
     schools, nearly one-third of all schools in the United 
     States.
       (3) Despite the overall growth of rural education, rural 
     students represent a demographic minority in all but 3 
     States, according to the National Center for Education 
     Statistics.
       (4) Rural education is becoming increasingly diverse. 
     According to the National Center for Education Statistics, 
     the increase in rural enrollment between the 2004-2005 and 
     2008-2009 school years was disproportionally among students 
     of color. Enrollment of children of color in rural schools 
     increased by 31 percent, and the proportion of students 
     enrolled in rural schools who are children of color increased 
     from 23.0 to 26.5 percent. More than one-third of rural 
     students in 12 States are children of color, according to 
     research by the Rural School and Community Trust (Why Rural 
     Matters 2009).
       (5) Rural education is varied and diverse across the 
     Nation. In school year 2007-2008, the national average rate 
     of student poverty in rural school districts, as measured by 
     the rate of participation in federally subsidized meals 
     programs, was 39.1 percent, but ranged from 9.7 percent in 
     Connecticut to 71.9 percent in New Mexico, according to the 
     National Center for Education Statistics.
       (6) Even policy measures intended to help rural schools can 
     have unintended consequences. In awarding competitive grants 
     under the Investing in Innovation Fund program under section 
     14007 of the American Recovery and Reinvestment Act of 2009 
     (Public Law 111-5), the Secretary of Education attempted to 
     encourage and support rural applicants by providing 
     additional points for proposals to serve at least 1 rural 
     local educational agency. But according to research by the 
     Rural School and Community Trust (Taking Advantage, 2010), 
     this ``rural preference'' mainly had the effect of inducing 
     urban applicants to include rural participation merely in 
     order to gain additional scoring points for primarily urban 
     projects.
       (7) Rural schools generally utilize distance education more 
     often for both students and teachers. A fall 2008 survey of 
     public schools by the National Center for Education 
     Statistics found that rural schools were 1\1/2\ times more 
     likely to provide students access for online distance 
     learning than schools in cities. A September 2004 study from 
     the Government Accountability Office reported that rural 
     school districts used distance learning for teacher training 
     more often than non-rural school districts.
       (8) The National Center for Education Statistics reports 
     that base salaries of both the lowest and highest paid 
     teachers are lower in rural schools than any other community 
     type.
       (b) Purposes.--The purposes of this Act are--
       (1) to establish an Office of Rural Education Policy in the 
     Department of Education; and
       (2) to provide input to the Secretary of Education 
     regarding the impact of proposed changes in law, regulations, 
     policies, rules, and budgets on rural schools and 
     communities.

     SEC. 3. ESTABLISHMENT OF OFFICE OF RURAL EDUCATION POLICY.

       (a) In General.--Title II of the Department of Education 
     Organization Act (20 U.S.C. 3411 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 221. OFFICE OF RURAL EDUCATION POLICY.

       ``(a) In General.--There shall be, in the Office of 
     Elementary and Secondary Education of the Department, an 
     Office of Rural Education Policy (referred to in this section 
     as the `Office').
       ``(b) Director; Duties.--
       ``(1) In general.--The Office shall be headed by a 
     Director, who shall advise the Secretary on the 
     characteristics and needs of rural schools and the effects of 
     current policies and proposed statutory, regulatory, 
     administrative, and budgetary changes on State educational 
     agencies, and local educational agencies, that serve schools 
     with a locale code of 32, 33, 41, 42, or 43, as determined by 
     the Secretary.
       ``(2) Additional duties of the director.--In addition to 
     advising the Secretary with respect to the matters described 
     in paragraph (1), the Director of the Office of Rural 
     Education Policy (referred to in this section as the 
     `Director'), through the Office, shall--
       ``(A) establish and maintain a clearinghouse for collecting 
     and disseminating information on--
       ``(i) teacher and principal recruitment and retention at 
     rural elementary schools and rural secondary schools;
       ``(ii) access to, and implementation and use of, technology 
     and distance learning at such schools;
       ``(iii) rigorous coursework delivery through distance 
     learning at such schools;
       ``(iv) student achievement at such schools, including the 
     achievement of low-income and minority students;
       ``(v) innovative approaches in rural education to increase 
     student achievement;
       ``(vi) higher education and career readiness and secondary 
     school completion of students enrolled in such schools;
       ``(vii) access to, and quality of, early childhood 
     development for children located in rural areas;
       ``(viii) access to, or partnerships with, community-based 
     organizations in rural areas;
       ``(ix) the availability of professional development 
     opportunities for rural teachers and principals;
       ``(x) the availability of Federal and other grants and 
     assistance that are specifically geared or applicable to 
     rural schools; and
       ``(xi) the financing of such schools;
       ``(B) identify innovative research and demonstration 
     projects on topics of importance to rural elementary schools 
     and rural secondary schools, including gaps in such research, 
     and recommend such topics for study by the Institute of 
     Education Sciences and other research agencies;
       ``(C) coordinate the activities within the Department that 
     relate to rural education;
       ``(D) provide information to the Secretary and others in 
     the Department with respect

[[Page S2880]]

     to the activities of other Federal departments and agencies 
     that relate to rural education, including activities relating 
     to rural housing, rural agricultural services, rural 
     transportation, rural economic development, rural career and 
     technical training, rural health care, rural disability 
     services, and rural mental health;
       ``(E) coordinate with the Bureau of Indian Education, the 
     Bureau of Indian Affairs, the Department of the Interior, and 
     the schools administered by such agencies regarding rural 
     education;
       ``(F) provide, directly or through grants, cooperative 
     agreements, or contracts, technical assistance and other 
     activities as necessary to support activities related to 
     improving education in rural areas; and
       ``(G) produce an annual report on the condition of rural 
     education that is delivered to the members of the Education 
     and the Workforce Committee of the House of Representatives 
     and the Health, Education, Labor, and Pensions Committee of 
     the Senate and published on the Department's website.
       ``(c) Impact Analyses of Rules and Regulations on Rural 
     Schools.--
       ``(1) Proposed rulemaking.--Whenever the Secretary 
     publishes a general notice of proposed rulemaking for any 
     rule or regulation that may have a significant impact on 
     State educational agencies or local educational agencies 
     serving schools with a locale code of 32, 33, 41, 42, or 43, 
     as determined by the Secretary, the Secretary (acting through 
     the Director) shall prepare and make available for public 
     comment an initial regulatory impact analysis. Such analysis 
     shall describe the impact of the proposed rule or regulation 
     on such State educational agencies and local educational 
     agencies and shall set forth, with respect to such agencies, 
     the matters required under section 603 of title 5, United 
     States Code, to be set forth with respect to small entities. 
     The initial regulatory impact analysis (or a summary) shall 
     be published in the Federal Register at the time of the 
     publication of general notice of proposed rulemaking for the 
     rule or regulation.
       ``(2) Final rule.--Whenever the Secretary promulgates a 
     final version of a rule or regulation with respect to which 
     an initial regulatory impact analysis is required by 
     paragraph (1), the Secretary (acting through the Director) 
     shall prepare a final regulatory impact analysis with respect 
     to the final version of such rule or regulation. Such 
     analysis shall set forth, with respect to State educational 
     agencies and local educational agencies serving schools with 
     a locale code of 32, 33, 41, 42, or 43, as determined by the 
     Secretary, the matters required under section 604 of title 5, 
     United States Code, to be set forth with respect to small 
     entities. The Secretary shall make copies of the final 
     regulatory impact analysis available to the public and shall 
     publish, in the Federal Register at the time of publication 
     of the final version of the rule or regulation, a statement 
     describing how a member of the public may obtain a copy of 
     such analysis.
       ``(3) Regulatory flexibility analysis.--If a regulatory 
     flexibility analysis is required by chapter 6 of title 5, 
     United States Code, for a rule or regulation to which this 
     subsection applies, such analysis shall specifically address 
     the impact of the rule or regulation on State educational 
     agencies and local educational agencies serving schools with 
     a locale code of 32, 33, 41, 42, or 43, as determined by the 
     Secretary.''.
       (b) Effective Date.--Section 221(c) of the Department of 
     Education Organization Act, as added by subsection (a), shall 
     apply to regulations proposed more than 30 days after the 
     date of enactment of this Act.

  Mr. ROCKEFELLER. Mr. President, I am proud to join Senator Baucus 
from Montana and my colleagues Senator Begich of Alaska, Senator Bennet 
of Colorado, Senator Franken of Minnesota, Senator Johnson of South 
Dakota, Senator Leahy of Vermont, Senator Sanders of Vermont, and 
Senator Udall of Colorado, in introducing legislation today to 
establish an Office of Rural Education Policy at the Department of 
Education. Senator Baucus's leadership in bringing attention to 
education in our rural areas is remarkable, and I am proud to work with 
him on this increasingly important issue.
  In addition to my colleagues who are cosponsoring this legislation, I 
want to acknowledge the many organizations who have already announced 
their support for it. Their concern for the students living in rural 
America is greatly appreciated. These organizations include American 
Association of Community Colleges, American Association of School 
Administrators, Alliance for Excellent Education, Association of 
Educational Service Agencies, Center for Rural Affairs, Coalition for 
Community Schools, Council for Opportunity in Education, National 
Association of State Boards of Education, National Association of 
Development Organizations, National Association of Elementary School 
Principals, National Association of Federally Impacted Schools, 
National Congress of American Indians, National Education Association, 
National Farmers Union, National Indian Education Association, National 
Rural Education Association, National Rural Education Advocacy 
Coalition, National School Board Association, Organizations Concerned 
about Rural Education, Public Education Network, Rural School and 
Community Trust, and Save the Children.
  We rightly focus quite a bit on education around here--the future 
success of our nation depends upon today's students. Since nearly one 
quarter of the students in America are at rural schools and the share 
of students in rural schools has been increasing, our Nation's success 
depends considerably on success in rural schools. Over half of the 
schools in West Virginia are in rural areas. This legislation will 
create an Office at the Department of Education to make sure the 
programs there are working for students in schools in rural areas.
  Rural schools are not just miniature versions of their urban 
counterparts. They face special challenges and they have unique 
capabilities. Among the challenges faced are shrinking local tax bases, 
recruiting and retaining teachers and principals, limited access to 
advanced courses, and proportionally higher transportation costs. At 
the same time, rural communities, and I am very proud of the 
communities in West Virginia often provide a strong foundation for 
support and improvement. They are leaders in the use of distance 
learning. While smaller schools lack an economy of scale, they often 
profit from this small size and their closeness to community. Parental 
involvement and support is typically high. Rural schools can be very 
innovative, and research on what works in rural schools needs to be 
completed and disseminated.
  The Office of Rural Education Policy is modeled after the successful 
Office of Rural Health Policy at the Department of Health and Human 
Services which Congress established in 1987. The office will be led by 
a director charged with coordinating the activities of the Department 
of Education concerning rural education. It will establish and maintain 
a clearinghouse for issues faced by rural schools, such as teacher and 
principal recruitment and retention; partnerships with community-based 
organizations; and financing of rural schools.
  The office will identify innovative research and demonstration 
projects on rural schools, and recommend research to bridge any gaps. 
It will issue an annual report on the condition of rural education, and 
an analysis of the impact on rural education from proposed regulations 
and other activities will be made public.
  Rural schools have been a part of our national fabric since its very 
beginning. Their students deserve the focus this legislation will 
provide. It has been said that education in rural America is ``too 
large to be ignored but too small and diverse to be highly visible.'' 
We need to establish this office so that it is not ignored and so that 
its successes are made more visible. I urge my colleagues to support 
this bill.
                                 ______
                                 
      By Mr. CARDIN (for himself and Mr. Casey):
  S. 950. A bill to amend title 23, United States Code, to repeal a 
prohibition on allowing States to use toll revenues as State matching 
funds for Appalachian Development Highway projects; to the Committee on 
Environment and Public Works.
  Mr. CARDIN. Mr. President, today Senator Casey and I are introducing 
a bill to help facilitate the completion of critically important 
transportation infrastructure to the Appalachian region of the United 
States. The Appalachian Development Highway System, ADHS, is designed 
to alleviate Appalachia's isolation from major commercial corridors and 
create better transportation connectivity between communities within 
the Region and to destinations outside of Appalachia.
  According to the Appalachian Regional Commission, ARC: ``Because the 
cost of building highways through Appalachia's mountainous terrain was 
high, the Region had never been served by adequate roads. Its network 
of narrow, winding, two-lane roads, snaking through narrow stream 
valleys or over mountaintops, was slow to drive, unsafe, and in many 
places worn out. The Nation's interstate highway system had largely 
bypassed the Appalachian Region, going through or around the Region's 
rugged terrain as cost-effectively as possible.''

[[Page S2881]]

  That's why in 1964, ARC recommended that investments in improving 
Appalachia's highways were essential to economic growth of this 
historically economically depressed region of the country. The ADHS is 
currently authorized at 3,090 miles and is nearly 88 percent complete 
or under construction. The remaining miles left to be built are located 
in some of the more difficult places to build located near the mid-
Atlantic portion of Appalachia.
  The difficulty of construction in this region makes these stretches 
of the ADHS more expensive to build as well. The legislation I am 
filing today will provide Appalachian States with greater flexibility 
on how they may raise and their portion of matching funds that are used 
towards ADHS projects.
  Toll credits, first authorized in the Intermodal Surface 
Transportation Efficiency Act of 1991 (ISTEA), are being used 
extensively by States with toll facilities. As of May 31, 2007, over 
$18 billion in toll credits had been approved in 22 States and Puerto 
Rico. Toll credits are designed to encourage States to increase capital 
investment in transportation infrastructure and enable States to 
simplify program administration. However, there is an interesting 
exception for how and where toll credit may be used.
  SAFETEA-LU included a modification to the toll credit requirements as 
codified in Section 120(j) of Title 23, United States Code, U.S.C., 
prohibiting the use of toll credits on the Appalachian Development 
Highway System program under Section 14501 of Title 40.
  Our legislation, quite simply, repeals this prohibition against 
States using toll credits as their state matching funds for ADHS 
projects.
  Given these particularly difficult economic times that have presented 
exceptional budgetary challenges for States to revenue adequate 
revenues to pay for essential infrastructure projects, I believe States 
need the flexibility to use highway revenues as they see fit regardless 
of the means in which those revenues are raised. The SAFETEA-LU 
prohibition against the use of toll credits on the ADHS is 
discriminatory against a particular revenue mechanism.
  Allowing a State to use toll credits towards an ADHS project does not 
require that State to raise the tolls revenues on the ADHS road that 
the toll credits were used towards.
  I urge my colleagues to join Sen. Casey and I in repealing SAFETEA-
LU's prohibition against one particular revenue stream that could be 
used to complete an incredibly important system of transportation 
infrastructure designed to serve a historically underserved region of 
rural 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. 950

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

     SECTION 1. MATCHING FUNDS FOR APPALACHIAN DEVELOPMENT HIGHWAY 
                   PROJECTS.

       Section 120(j)(1)(A) of title 23, United States Code, is 
     amended by striking ``and the Appalachian development highway 
     system program under section 14501 of title 40''.

  Mr. CASEY. Mr. President, I rise today to discuss the development of 
the Appalachian Development Highway System, ADHS. The completion of 
this highway system, which connects 13 States from New York to 
Mississippi, is critical to the economic development of the region as a 
whole.
  Despite the significant progress Appalachia has made over the past 
few decades, the region has continued to face economic challenges. In 
the 420-county region, approximately one fourth of these counties are 
designated as having high poverty, meaning that the poverty rate is 1.5 
times the U.S. average. According to the Appalachian Regional 
Commission, two thirds of the Appalachian counties have unemployment 
rates that are higher than the national average.
  Completion of the Appalachian Development Highway System will spur 
economic development in the region and create much needed jobs. The 
Federal Government has played a significant role in the development of 
this initiative and I urge my colleagues to renew this commitment.
  Today, my colleague Senator Cardin from Maryland and I introduced a 
bill that will help the continued development of this highway system. 
Our bill will reverse language in the 2005 Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users, SAFETEA-LU, 
that prohibits the use of toll credits for the non-federal share for 
ADHS projects. This legislation would allow States to unlock existing 
unspent balances and make it easier for States to access and leverage 
additional funding. Our bill will allow ADHS projects to move forward, 
such as Route 219 in my home State of Pennsylvania. In addition, this 
change would eliminate a disparity that does not exist for the vast 
majority of other Federal transportation programs.
  I urge my colleagues to support this important piece of legislation.
                                 ______
                                 
      By Mrs. MURRAY (for herself, Ms. Murkowski, Mr. Rockefeller, Mr. 
        Akaka, Mr. Baucus, Mr. Begich, Mrs. Boxer, Mr. Brown of Ohio, 
        Mr. Casey, Mr. Coons. Mr. Sanders, Mr. Tester, Mr. Leahy, and 
        Mr. Brown of Massachusetts)
  S. 951. A bill to improve the provision of Federal transition, 
rehabilitation, vocational, and unemployment benefits to members of the 
Armed Forces and veterans, and for other purposes; to the Committee on 
Veterans' Affairs.
  Mrs. MURRAY. Mr. President, today, as Chairman of the Senate 
Committee on Veterans' Affairs, I am proud to introduce the Hiring 
Heroes Act of 2011.
  My colleagues, including Senators Murkowski, Leahy, Baucus, 
Rockefeller, Akaka, Boxer, Sanders, Brown of Ohio, Casey, Tester, 
Begich, Coons, and Brown of Massachusetts join me in introducing this 
important legislation. I appreciate their continued support of our 
Nation's veterans. I also want to thank the veterans service 
organizations and their representatives, who have supported this 
legislation, including Iraq and Afghanistan Veterans of America, 
Military Officers Association of America, The American Legion, Disabled 
American Veterans, and the Veterans of Foreign Wars of the United 
States.
  Today, we are taking a huge step forward in rethinking the way we 
treat our men and women in uniform after they leave the military. For 
too long in this country we have invested billions of dollars in 
training our young men and women with new skills to protect our nation, 
only to turn our backs once they have left the military. For too long, 
at the end of their career we patted these troops on the back for their 
service and then pushed them out into the job market alone. Where has 
that left us today?
  Today, we have an unemployment rate as high as 27 percent among young 
veterans coming home from Iraq and Afghanistan. That is over one in 
five of our Nation's heroes who cannot find a job to support their 
family; who do not have an income that provides stability; and do not 
have work that provides them with the self-esteem and pride that is so 
critical to their transition home.
  All too often we read about the results of veterans who come home--
often with the invisible wounds of war--who cannot find the dignity and 
security that work provides. We read about it in skyrocketing suicide 
statistics; problems at home; substance abuse problems, and even in 
rising rates of homelessness among our young veterans.
  I frequently hear from veterans that we have failed to provide 
adequate job support. I have had veterans tell me that they no longer 
write the fact that they're a veteran on their resume because they fear 
the stigma that employers might attach to the invisible wounds of war. 
I have heard from medics like Eric Smith, a former Navy Corpsman who 
returned home from treating battlefield wounds and could not get 
certifications necessary to be an emergency medical technician or to 
drive an ambulance.
  I have heard from veteran after veteran who said that they did not 
have to go through the military's job skills training program or that 
they were never taught how to use the vernacular of the business world 
to describe the benefits of their experience. These stories are as 
heartbreaking as they are frustrating, but more than anything they are 
a reminder that we have to act now.

[[Page S2882]]

  The bill we are introducing today allows our men and women in uniform 
to capitalize on their service, while also ensuring that the American 
people capitalize on the investment we have made in them. For the first 
time, it would require broad job skills training for every 
servicemember as they leave the military as part of the military's 
Transition Assistance Program. Today, nearly \1/3\ of our 
servicemembers do not get this training.
  This bill would also allow servicemembers to begin the federal 
employment process prior to separation in order to facilitate a truly 
seamless transition from the military to jobs at the VA, Homeland 
Security or many of the other federal agencies in need of our veterans.
  In addition, this bill also requires the Department of Labor to take 
a hard look at what military skills and training should be translatable 
into the civilian sector, and will work to make it simpler to get 
needed licenses or certifications.
  Finally, this bill will allow for innovative partnerships with 
organizations that provide mentorship and training programs that are 
designed to lead to job placements. All of these are real, substantial 
steps to put our veterans to work, and all of them come at a pivotal 
time for our economic recovery and our veterans.
  I grew up with the Vietnam War and I have dedicated much of my Senate 
career to helping to care for the veterans we left behind at that time. 
The mistakes we made then have cost our nation and our veterans dearly 
and have weighed on the conscience of this nation; yet today we stand 
on the brink of repeating those mistakes.
  We cannot let that happen. Our Nation's veterans are disciplined, 
team players who have proven they can deliver under pressure like no 
one else. It is time for us to deliver for them.
  This is not a full summary of all the provisions within this 
legislation. However, I hope that I have provided an appropriate 
overview of the major benefits this legislation would provide for 
America's servicemembers as they transition into civilian life. I also 
ask our colleagues for their continued support for the Nation's 
veterans.
  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. 951

       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 ``Hiring Heroes Act of 2011''.

     SEC. 2. TWO-YEAR EXTENSION OF AUTHORITY OF SECRETARY OF 
                   VETERANS AFFAIRS TO PROVIDE REHABILITATION AND 
                   VOCATIONAL BENEFITS TO MEMBERS OF THE ARMED 
                   FORCES WITH SEVERE INJURIES OR ILLNESSES.

       Section 1631(b)(2) of the Wounded Warrior Act (title XVI of 
     Public Law 110-181; 10 U.S.C. 1071 note) is amended by 
     striking ``December 31, 2012'' and inserting ``December 31, 
     2014''.

     SEC. 3. EXPANSION OF AUTHORITY OF SECRETARY OF VETERANS 
                   AFFAIRS TO PAY EMPLOYERS FOR PROVIDING ON-JOB 
                   TRAINING TO VETERANS WHO HAVE NOT BEEN 
                   REHABILITATED TO POINT OF EMPLOYABILITY.

       Section 3116(b)(1) of title 38, United States Code, is 
     amended by striking ``who have been rehabilitated to the 
     point of employability''.

     SEC. 4. TRAINING AND REHABILITATION FOR VETERANS WITH 
                   SERVICE-CONNECTED DISABILITIES WHO HAVE 
                   EXHAUSTED RIGHTS TO UNEMPLOYMENT BENEFITS UNDER 
                   STATE LAW.

       (a) Entitlement to Additional Rehabilitation Programs.--
       (1) In general.--Section 3102 of title 38, United States 
     Code, is amended--
       (A) in the matter before paragraph (1), by striking ``A 
     person'' and inserting the following:
       ``(a) In General.--A person''; and
       (B) by adding at the end the following new paragraph:
       ``(b) Additional Rehabilitation Programs for Persons Who 
     Have Exhausted Rights to Unemployment Benefits Under State 
     Law.--(1) A person who has completed a rehabilitation program 
     under this chapter shall be entitled to an additional 
     rehabilitation program under the terms and conditions of this 
     chapter if--
       ``(A) the person is described by paragraph (1) or (2) of 
     subsection (a); and
       ``(B) the person--
       ``(i) has exhausted all rights to regular compensation 
     under the State law or under Federal law with respect to a 
     benefit year;
       ``(ii) has no rights to regular compensation with respect 
     to a week under such State or Federal law; and
       ``(iii) is not receiving compensation with respect to such 
     week under the unemployment compensation law of Canada; and
       ``(C) begins such additional rehabilitation program within 
     six months of the date of such exhaustion.
       ``(2) For purposes of paragraph (1)(B)(i), a person shall 
     be considered to have exhausted such person's rights to 
     regular compensation under a State law when--
       ``(A) no payments of regular compensation can be made under 
     such law because such person has received all regular 
     compensation available to such person based on employment or 
     wages during such person's base period; or
       ``(B) such person's rights to such compensation have been 
     terminated by reason of the expiration of the benefit year 
     with respect to which such rights existed.
       ``(3) In this subsection, the terms `compensation', 
     `regular compensation', `benefit year', `State', `State law', 
     and `week' have the respective meanings given such terms 
     under section 205 of the Federal-State Extended Unemployment 
     Compensation Act of 1970 (26 U.S.C. 3304 note).''.
       (2) Duration of additional rehabilitation program.--Section 
     3105(b) of such title is amended--
       (A) by striking ``Except as provided in subsection (c) of 
     this section,'' and inserting ``(1) Except as provided in 
     paragraph (2) and in subsection (c),''; and
       (B) by adding at the end the following new paragraph:
       ``(2) The period of a vocational rehabilitation program 
     pursued by a veteran under section 3102(b) of this title 
     following a determination of the current reasonable 
     feasibility of achieving a vocational goal may not exceed 24 
     months.''.
       (b) Extension of Period of Eligibility.--Section 3103 of 
     such title is amended--
       (1) in subsection (a), by striking ``in subsection (b), 
     (c), or (d)'' and inserting ``in subsection (b), (c), (d), or 
     (e)'';
       (2) by redesignating subsection (e) as subsection (f); and
       (3) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e)(1) The limitation in subsection (a) shall not apply 
     to a rehabilitation program described in paragraph (2).
       ``(2) A rehabilitation program described in this paragraph 
     is a rehabilitation program pursued by a veteran under 
     section 3102(b) of this title.''.
       (c) Exception to Limitation on Receipt of Assistance Under 
     Chapter 31 and One or More Programs.--Section 3695(b) of such 
     title is amended--
       (1) by striking ``No person'' and inserting ``Except as 
     provided in paragraph (2), no person''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Paragraph (1) shall not apply with respect to a 
     rehabilitation program described in section 3103(e)(2) of 
     this title.''.

     SEC. 5. ASSESSMENT AND FOLLOW-UP ON VETERANS WHO PARTICIPATE 
                   IN DEPARTMENT OF VETERANS AFFAIRS TRAINING AND 
                   REHABILITATION FOR VETERANS WITH SERVICE-
                   CONNECTED DISABILITIES.

       (a) In General.--Section 3106 of title 38, United States 
     Code, is amended--
       (1) by adding at the end the following new subsection:
       ``(g) For each rehabilitation program pursued by a veteran 
     under this chapter, the Secretary shall contact such veteran 
     not later than 180 days after the date on which such veteran 
     completes such rehabilitation program or terminates 
     participation in such rehabilitation program and not less 
     frequently than once every 180 days thereafter for a period 
     of one year to ascertain the employment status of the veteran 
     and assess such rehabilitation program.''; and
       (2) in the section heading, by adding ``; program 
     assessment and follow-up'' at the end.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 31 of such title is amended by striking 
     the item relating to section 3106 and inserting the following 
     new item:

``3106. Initial and extended evaluations; determinations regarding 
              serious employment handicap; program assessment and 
              follow-up.''.

     SEC. 6. MANDATORY PARTICIPATION OF MEMBERS OF THE ARMED 
                   FORCES IN THE TRANSITIONAL ASSISTANCE PROGRAM 
                   OF THE DEPARTMENT OF DEFENSE.

       (a) In General.--Section 1144(c) of title 10, United States 
     Code, is amended by striking ``shall encourage'' and all that 
     follows and inserting ``shall require the participation in 
     the program carried out under this section of the members 
     eligible for assistance under the program.''.
       (b) Required Use of Employment Assistance, Job Training 
     Assistance, and Other Transitional Services in Preseparation 
     Counseling.--Section 1142(a)(2) of such title is amended by 
     striking ``may'' and inserting ``shall''.

     SEC. 7. FOLLOW-UP ON EMPLOYMENT STATUS OF MEMBERS OF ARMED 
                   FORCES WHO RECENTLY PARTICIPATED IN 
                   TRANSITIONAL ASSISTANCE PROGRAM OF DEPARTMENT 
                   OF DEFENSE.

       For each individual who participates in the Transitional 
     Assistance Program (TAP) of the Department of Defense, the 
     Secretary of Labor shall contact such individual not later 
     than 180 days after the date on which such individual 
     completes such program and not less frequently than once 
     every 90 days

[[Page S2883]]

     thereafter for a period of 180 days to ascertain the 
     employment status of such individual.

     SEC. 8. COLLABORATIVE VETERANS' TRAINING, MENTORING, AND 
                   PLACEMENT PROGRAM.

       (a) In General.--Chapter 41 of title 38, United States 
     Code, is amended by inserting after section 4104 the 
     following new section:

     ``Sec. 4104A. Collaborative veterans' training, mentoring, 
       and placement program

       ``(a) Grants.--The Secretary shall award grants to eligible 
     nonprofit organizations to provide training and mentoring for 
     eligible veterans who seek employment. The Secretary shall 
     award the grants to not more than 3 organizations, for 
     periods of 2 years.
       ``(b) Collaboration and Facilitation.--The Secretary shall 
     ensure that the recipients of the grants--
       ``(1) collaborate with--
       ``(A) the appropriate disabled veterans' outreach 
     specialists (in carrying out the functions described in 
     section 4103A(a)) and the appropriate local veterans' 
     employment representatives (in carrying out the functions 
     described in section 4104); and
       ``(B) the appropriate State boards and local boards (as 
     such terms are defined in section 101 of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2801)) for the areas to be 
     served by recipients of the grants; and
       ``(2) based on the collaboration, facilitate the placement 
     of the veterans that complete the training in meaningful 
     employment that leads to economic self-sufficiency.
       ``(c) Application.--To be eligible to receive a grant under 
     this section, a nonprofit organization shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require. 
     At a minimum, the information shall include--
       ``(1) information describing how the organization will--
       ``(A) collaborate with disabled veterans' outreach 
     specialists and local veterans' employment representatives 
     and the appropriate State boards and local boards (as such 
     terms are defined in section 101 of the Workforce Investment 
     Act of 1998 (29 U.S.C. 2801));
       ``(B) based on the collaboration, provide training that 
     facilitates the placement described in subsection (b)(2); and
       ``(C) make available, for each veteran receiving the 
     training, a mentor to provide career advice to the veteran 
     and assist the veteran in preparing a resume and developing 
     job interviewing skills; and
       ``(2) an assurance that the organization will provide the 
     information necessary for the Secretary to prepare the 
     reports described in subsection (d).
       ``(d) Reports.--(1) Not later than 6 months after the date 
     of enactment of the Hiring Heroes Act of 2011, the Secretary 
     shall prepare and submit to the appropriate committees of 
     Congress a report that describes the process for awarding 
     grants under this section, the recipients of the grants, and 
     the collaboration described in subsections (b) and (c).
       ``(2) Not later than 18 months after the date of enactment 
     of the Hiring Heroes Act of 2011, the Secretary shall--
       ``(A) conduct an assessment of the performance of the grant 
     recipients, disabled veterans' outreach specialists, and 
     local veterans' employment representatives in carrying out 
     activities under this section, which assessment shall include 
     collecting information on the number of--
       ``(i) veterans who applied for training under this section;
       ``(ii) veterans who entered the training;
       ``(iii) veterans who completed the training;
       ``(iv) veterans who were placed in meaningful employment 
     under this section; and
       ``(v) veterans who remained in such employment as of the 
     date of the assessment; and
       ``(B) submit to the appropriate committees of Congress a 
     report that includes--
       ``(i) a description of how the grant recipients used the 
     funds made available under this section;
       ``(ii) the results of the assessment conducted under 
     subparagraph (A); and
       ``(iii) the recommendations of the Secretary as to whether 
     amounts should be appropriated to carry out this section for 
     fiscal years after 2013.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $4,500,000 for 
     the period consisting of fiscal years 2012 and 2013.
       ``(f) Definitions.--In this section--
       ``(1) the term `appropriate committees of Congress' means 
     the Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives; and
       ``(2) the term `nonprofit organization' means an 
     organization that is described in section 501(c)(3) of the 
     Internal Revenue Code of 1986 and that is exempt from 
     taxation under section 501(a) of such Code.''
       (b) Conforming Amendment.--Section 4103A of title 38, 
     United States Code, is amended--
       (1) in paragraph (1), by inserting ``and facilitate 
     placements'' after ``intensive services''; and
       (2) by adding at the end the following:
       ``(3) In facilitating placement of a veteran under this 
     program, a disabled veterans' outreach program specialist 
     shall help to identify job opportunities that are appropriate 
     for the veteran's employment goals and assist that veteran in 
     developing a cover letter and resume that are targeted for 
     those particular jobs.''.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 41 of such title is amended by inserting 
     after the item relating to section 4104 the following new 
     item:

``4104A. Collaborative veterans' training, mentoring, and placement 
              program.''.

     SEC. 9. INDIVIDUALIZED ASSESSMENT FOR MEMBERS OF THE ARMED 
                   FORCES UNDER TRANSITION ASSISTANCE ON 
                   EQUIVALENCE BETWEEN SKILLS DEVELOPED IN 
                   MILITARY OCCUPATIONAL SPECIALITIES AND 
                   QUALIFICATIONS REQUIRED FOR CIVILIAN EMPLOYMENT 
                   WITH THE PRIVATE SECTOR.

       (a) Study on Equivalence Required.--
       (1) In general.--The Secretary of Defense, the Secretary of 
     Veterans Affairs, and the Secretary of Labor shall jointly 
     enter into a contract with a qualified organization or entity 
     jointly selected by the Secretaries, to conduct a study to 
     identify any equivalences between the skills developed by 
     members of the Armed Forces through various military 
     occupational specialties (MOS) and the qualifications 
     required for various positions of civilian employment in the 
     private sector.
       (2) Cooperation of federal agencies.--The departments and 
     agencies of the Federal Government, including the Office of 
     Personnel Management, the General Services Administration, 
     the Government Accountability Office, and other appropriate 
     departments and agencies, shall cooperate with the contractor 
     under paragraph (1) to conduct the study required under that 
     paragraph.
       (3) Report.--Upon completion of the study conducted under 
     paragraph (1), the contractor under that paragraph shall 
     submit to the Secretary of Defense, the Secretary of Veterans 
     Affairs, and the Secretary of Labor a report setting forth 
     the results of the study. The report shall include such 
     information as the Secretaries shall specify in the contract 
     under paragraph (1) for purposes of this section.
       (4) Transmittal to congress.--The Secretary of Defense, the 
     Secretary of Veterans Affairs, and the Secretary of Labor 
     shall jointly transmit to Congress the report submitted under 
     paragraph (3), together with such comments on the report as 
     the Secretaries jointly consider appropriate.
       (b) Individualized Assessment of Civilian Positions 
     Available Through MOS Skills.--The Secretary of Defense shall 
     ensure that each member of the Armed Forces who is 
     participating in the Transition Assistance Program (TAP) of 
     the Department of Defense receives, as part of such member's 
     participation in that program, an individualized assessment 
     of the various positions of civilian employment in the 
     private sector for which such member may be qualified as a 
     result of the skills developed by such member through such 
     member's military occupational specialty. The assessment 
     shall be performed using the results of the study conducted 
     under subsection (a) and such other information as the 
     Secretary of Defense, in consultation with the Secretary of 
     Veterans Affairs and the Secretary of Labor, considers 
     appropriate for that purpose.
       (c) Further Use in Employment-related Transition 
     Assistance.--
       (1) Transmittal of assessment.--The Secretary of Defense 
     shall transmit the individualized assessment provided a 
     member under subsection (a) to the Secretary of Veterans 
     Affairs and the Secretary of Labor.
       (2) Use in assistance.--The Secretary of Veterans Affairs 
     and the Secretary of Labor may use an individualized 
     assessment with respect to an individual under paragraph (1) 
     for employment-related assistance in the transition from 
     military service to civilian life provided the individual by 
     such Secretary and to otherwise facilitate and enhance the 
     transition of the individual from military service to 
     civilian life.

     SEC. 10. APPOINTMENT OF HONORABLY DISCHARGED MEMBERS AND 
                   OTHER EMPLOYMENT ASSISTANCE.

       (a) Appointment of Honorably Discharged Members of the 
     Uniformed Services to Civil Service Positions.--
       (1) In general.--Chapter 33 of title 5, United States Code, 
     is amended by inserting after section 3330c the following:

     ``Sec. 3330d. Honorably discharged members of the uniformed 
       services

       ``The head of an executive agency may appoint a member of 
     the uniformed services who is honorably discharged to a 
     position in the civil service without regard to sections 3301 
     through 3330c during the 180-day period beginning on the date 
     that the individual is honorably discharged, if that 
     individual is otherwise qualified for the position.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 33 of title 5, United States Code, is 
     amended by adding after the item relating to section 3330c 
     the following:

``3330d. Honorably discharged members of the uniformed services.''.

       (b) Employment Assistance: Other Federal Agencies.--
       (1) Definitions.--In this subsection--
       (A) the term ``agency'' has the meaning given the term 
     ``Executive agency'' in section 105 of title 5, United States 
     Code; and
       (B) the term ``veteran'' has the meaning given that term in 
     section 101 of title 38, United States Code.
       (2) Responsibilities of office of personnel management.--
     The Director of the Office of Personnel Management shall--
       (A) designate agencies that shall establish a program to 
     provide employment assistance

[[Page S2884]]

     to members of the armed forces who are being separated from 
     active duty in accordance with paragraph (3); and
       (B) ensure that the programs established under this 
     subsection are coordinated with the Transition Assistance 
     Program (TAP) of the Department of Defense.
       (3) Elements of program.--The head of each agency 
     designated under paragraph (2)(A), in consultation with the 
     Director of the Office of Personnel Management, and acting 
     through the Veterans Employment Program Office of the agency 
     established under Executive Order 13518 (74 Fed. Reg. 58533; 
     relating to employment of veterans in the Federal 
     Government), or any successor thereto, shall--
       (A) establish a program to provide employment assistance to 
     members of the Armed Forces who are being separated from 
     active duty, including assisting such members in seeking 
     employment with the agency;
       (B) provide such members with information regarding the 
     program of the agency established under subparagraph (A); and
       (C) promote the recruiting, hiring, training and 
     development, and retention of such members and veterans by 
     the agency.
       (4) Other office.--If an agency designated under paragraph 
     (2)(A) does not have a Veterans Employment Program Office, 
     the head of the agency, in consultation with the Director of 
     the Office of Personnel Management, shall select an 
     appropriate office of the agency to carry out the 
     responsibilities of the agency under paragraph (3).

     SEC. 11. OUTREACH PROGRAM FOR CERTAIN VETERANS RECEIVING 
                   UNEMPLOYMENT COMPENSATION.

       (a) In General.--The Secretary of Labor shall carry out a 
     program through the Assistant Secretary of Labor for 
     Veterans' Employment and Training, the disabled veterans' 
     outreach program specialists employed under section 4103A of 
     title 38, United States Code, and local veterans' employment 
     representatives employed under section 4104 of such title to 
     provide outreach to covered veterans and provide them with 
     assistance in finding employment.
       (b) Covered Veterans.--For purposes of this section, a 
     covered veteran is a veteran who--
       (1) recently separated from service in the Armed Forces; 
     and
       (2) has been in receipt of assistance under the 
     Unemployment Compensation for Ex-servicemembers program under 
     subchapter II of chapter 85 of title 5 for more than 105 
     days.

     SEC. 12. DEPARTMENT OF DEFENSE PILOT PROGRAM ON WORK 
                   EXPERIENCE FOR MEMBERS OF THE ARMED FORCES ON 
                   TERMINAL LEAVE.

       (a) In General.--The Secretary of Defense may establish a 
     pilot program to assess the feasibility and advisability of 
     providing to covered individuals work experience with 
     civilian employees and contractors of the Department of 
     Defense to facilitate the transition of the individuals from 
     service in the Armed Forces to employment in the civilian 
     labor market.
       (b) Covered Individuals.--For purposes of this section, a 
     covered individual is any individual who--
       (1) is a member of the Armed Forces;
       (2) the Secretary expects to be discharged or separated 
     from service in the Armed Forces and is on terminal leave;
       (3) the Secretary determines has skills that can be used to 
     provide services to the Department that the Secretary 
     considers critical to the success of the mission of the 
     Department; and
       (4) the Secretary determines might benefit from exposure to 
     the civilian work environment while working for the 
     Department in order to facilitate a transition of the 
     individual from service in the Armed Forces to employment in 
     the civilian labor market.
       (c) Duration.--The pilot program shall be carried out 
     during the two-year period beginning on the date of the 
     commencement of the pilot program.
       (d) Report.--Not later than 540 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Armed Services and the Committee on Veterans' 
     Affairs of the Senate and the Committee on Armed Services and 
     the Committee on Veterans' Affairs of the House of 
     Representatives a report on the pilot program that includes 
     the findings of the Secretary with respect to the feasibility 
     and advisability of providing covered individuals with work 
     experience as described in subsection (a).

     SEC. 13. ENHANCEMENT OF DEMONSTRATION PROGRAM ON 
                   CREDENTIALING AND LICENSING OF VETERANS.

       Section 4114 of title 38, United States Code, is amended--
       (1) in subsection (a), by striking ``may'' and inserting 
     ``shall'';
       (2) in subsection (b)(1)--
       (A) by striking ``Assistant Secretary shall'' and inserting 
     ``Assistant Secretary of Veterans' Employment and Training 
     shall, in consultation with the Assistant Secretary for 
     Employment and Training,'';
       (B) by striking ``10 military'' and inserting ``five 
     military''; and
       (C) by inserting ``of Veterans' Employment and Training'' 
     after ``selected by the Assistant Secretary''; and
       (3) by striking subsections (d) through (h) and inserting 
     the following:
       ``(d) Period of Project.--The period during which the 
     Assistance Secretary shall carry out the demonstration 
     project under this section shall be the two-year period 
     beginning on the date of the enactment of the Hiring Heroes 
     Act of 2011.''.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Reid, Mr. Leahy, Mr. Schumer, Mr. 
        Menendez, Mr. Levin, Mr. Lieberman, Mr. Akaka, Mr. Begich, Mr. 
        Bennet, Mr. Bingaman, Mr. Blumenthal, Mrs. Boxer, Ms. Cantwell, 
        Mr. Cardin, Mr. Carper, Mr. Coons, Mrs. Feinstein, Mr. Franken, 
        Mrs. Gillibrand, Mr. Harkin, Mr. Kerry, Ms. Klobuchar, Mr. 
        Kohl, Mr. Lautenberg, Mr. Merkley, Ms. Mikulski, Mrs. Murray, 
        Mr. Nelson of Florida, Mr. Reed, Mr. Sanders, Mr. Udall of 
        Colorado, and Mr. Whitehouse):
  S. 952. A bill to authorize the cancellation of removal and 
adjustment of status of certain alien students who are long-term United 
States residents and who entered the United States as children and for 
other purposes; to the Committee on the Judiciary.
  Mr. DURBIN. We had a historic vote in the Senate last December on the 
DREAM Act. Senator Harry Reid, the majority leader, promised that we 
would bring this measure for consideration on the floor of the Senate. 
Some people on both sides of the aisle said, it is a bad idea, do not 
do it. But he kept his word, and I am glad he did.
  We called it. We had three Republican votes, and we fell short. Oh, 
we had a majority. It seems as if we always have a majority when we 
call this bill. But because of the threat of a Republican filibuster, 
we needed 60 votes, and we did not reach the 60 votes necessary. So 55 
Senators, a bipartisan majority, voted for the DREAM Act. I have 
reintroduced it today. By way of background, this is a simple piece of 
legislation, but it is one that affects thousands of people across 
America. It came to my attention 10 years ago when a Korean-American 
woman called me in my Chicago office and told me she had a problem.
  She had come to the United States about 18 years before and brought 
her little girl with her. She had raised a family. She was now a 
naturalized citizen. The children who were born in the United States 
were citizens. But her older daughter was in a different status. Her 
older daughter was a special person. Her older daughter was a concert 
pianist who had been accepted at the Julliard School of Music in New 
York, the best. As she filled out the application form, and they asked 
for her citizenship, she turned to her mom and said: USA, right?
  And her mom said: You know, we never filed any papers for you.
  So the little girl said: What should we do?
  And her mom said: We ought to call Durbin.
  So they called my office, thinking I could solve this. I found out 
the awful truth. Our laws currently say the only recourse for that 
little girl--who came here at the age of 2, who grew up in the United 
States, going to school here, saying the Pledge of Allegiance to our 
flag every morning, singing the only national anthem she knew, speaking 
the only language she knew--under our law could never be a U.S. citizen 
and had to leave our country.
  What is wrong with this? Well, it is unfair. That is what is wrong. 
At 2 years of age, she had no voice in the decision of her family to 
come here. She had done everything right. All she was asking for, all 
she continues to ask for, is a chance to be part of the only country 
she has ever known, a country she dearly loves.
  The DREAM Act gives young people that chance. It says: You can have a 
chance if you graduate high school, have no criminal record involving 
anything of a serious nature, if you are prepared go through and prove 
that you have been in the United States, came before the age of 16, 
been here at least 5 years, then you will have a chance to apply. If 
you apply, you have two ways that you can reach legal status in our 
country: Serve in our military, or complete at least 2 years of 
college. For thousands of young people across America, this is the only 
way to get them out of their current situation.
  We just had a press conference with Senator Harry Reid and Senator 
Bob Menendez, as well as Senator Blumenthal of Connecticut to 
reintroduce this DREAM Act. At that press conference was a young woman 
who

[[Page S2885]]

told her story. Like thousands of others it is a compelling personal 
story. Her name is Tolu Olubunmi. She was born in Nigeria and brought 
to the United States as a child. She graduated her high school with 
honors. She was awarded a full scholarship to one of the Nation's top 
universities. In college, she was a leader: a peer counselor, a 
resident assistant, a volunteer in an abused women's shelter, and a 
research analyst in the department of engineering.
  Tolu received a bachelor's degree in chemical engineering in 2002. 
But she has never been able to work 1 day as a chemical engineer in 
America because she is undocumented.
  She cannot leave this country, because she could not return. She 
cannot get a job in this country because she is undocumented. Her whole 
life is focused on America. She is asking for a chance to be an 
engineer, to be a productive part of America, to move us forward as a 
nation. The DREAM Act would give her that chance.
  When we introduced the bill today, we have 32 original cosponsors. We 
are hoping for more. We have the Democratic leadership, the Chairs of 
the Judiciary, Armed Services, and Homeland Security Committees, and 
all 10 Democratic members of the Judiciary Committee. I want to thank 
the lead sponsors over in the House: Howard Berman of California, Luis 
Gutierrez, from my State of Illinois, and Ileana Ros-Lehtinen of 
Florida. Thanks to their leadership last year, the House passed the 
DREAM Act.
  I want to especially thank the President. As a Senator and my 
colleague from Illinois, he was a cosponsor of this bill. He has been a 
strong supporter ever since. He never fails to mention the DREAM Act in 
his conversations with America about immigration. Yesterday, he said:

       These are kids who grew up in this country, love this 
     country, and know no other place as home. The idea that we 
     should punish them is cruel and it makes no sense. We are a 
     better nation than that.

  The President is right. This is a matter of simple justice. Thousands 
of immigrant students in America were brought here as children. It was 
not their decision to come here. But they grew up here and they called 
it home. The fundamental premise of the DREAM Act is an American 
premise. We do not hold children responsible for the wrongdoings of 
their parents.
  These young people do not want a free pass. They do not want amnesty. 
All they want is a chance to earn their place in America. That is what 
the DREAM Act would give them. The DREAM Act would strengthen our 
national security, making thousands of young people eligible to serve. 
That is why the Department of Defense and Secretary Gates support it.
  In fact, the Secretary said:

       There is a rich precedence supporting the service of non-
     citizens in the U.S. military. . . . The DREAM Act represents 
     an opportunity to expand this pool to the advantage of 
     military recruiting and readiness.

  The first casualty in the war in Iraq was a Hispanic who was not a 
citizen of the United States, was not even a permanent resident of the 
United States. But he had volunteered to serve his country and gave his 
life. I think that shows the level of commitment these young people 
have to this great Nation.
  A recent study at UCLA found that allowing the DREAM Act to pass 
would put so many productive young people into our economy, they will 
generate jobs, they will build businesses, they will help our economy 
grow.
  I want to salute in your home State of New York, Madam President, 
Mayor Michael Bloomberg who has spoken out in support of the DREAM Act, 
and said:

       They are just the kind of immigrants we need to help solve 
     our unemployment problem. Some of them will go on to create 
     new small businesses and hire people. It is senseless for us 
     to chase out the home-grown talent that has the potential to 
     contribute so significantly to our society.

  When you take a look at the supporters of the DREAM Act, they have 
such diverse backgrounds. They include business leaders such as Rupert 
Murdoch, and the CEOs of companies such as Microsoft and Pfizer.
  There are some who oppose the DREAM Act and argue that we need to 
enhance border security first. I can certainly make the argument, as 
the President did yesterday, that we have done extraordinary things, 
more than doubling the number of people at the border, adding technical 
devices there to detect people who are trying to cross, using drones, 
building fences.
  We have gone, I think, as far as I can imagine, but I am open--I told 
a Republican Senator this morning: I am open to any reasonable 
suggestion to make the border safer. But I say to my friends on the 
other side of the aisle, if we show good faith in border enforcement, 
can you join us by showing good faith in helping to pass the DREAM Act? 
I do not think that is an unreasonable exchange. I am open to their 
ideas. I hope they are open to the idea of the DREAM Act.
  I also have to say that many of the young people who are affected by 
this have been dramatically positive in their contribution to America. 
There are restrictions in the DREAM Act that prevent abuse. The DREAM 
Act students would not be eligible for Pell grants or other Federal 
grants, which means they are going to pay more to go to school.
  DREAM Act students will be subject to tough criminal penalties for 
fraud, including a prison sentence of up to 5 years. No one is eligible 
for the DREAM Act unless they arrived in the United States at least 5 
years before the bill becomes law, and there is no exception and no 
waiver.
  Also the DREAM Act specifically includes a 1-year application 
deadline. An individual would be required to apply for conditional 
nonimmigrant status within 1 year of obtaining a high school degree or 
GED, or within 1 year of when the bill becomes law.
  This is not an amnesty. On many occasions I have come to the floor to 
tell the personal stories of people who are involved. Their lives speak 
more eloquently than anything I can say on the floor. Let me tell you 
about Nelson and Jhon Magdaleno. They are brothers who came to the 
United States from Venezuela when Nelson was 11 and Jhon was 9. They 
were both honor students at Lakeside High School in Atlanta, GA. This 
is a picture of Nelson Magdaleno at graduation. Jhon, his brother, 
served with distinction in the Air Force Junior Officer Reserve Corps. 
He was the fourth highest ranking officer in a 175-officer cadet unit 
and commander of the Air Honor Society. Here is a picture of Jhon in 
his ROTC uniform in high school.

  Both Jhon and Nelson are honor students at Georgia Tech University, a 
great school. It is one of the most selective engineering schools in 
America. Nelson, who is now 21, is a junior. He is a computer 
engineering major with a 3.6 GPA. Jhon, 18, is a freshman. He is a 
biomedical engineering major with a 4.0 GPA.
  Let me ask my colleagues, can we afford to lose these two young 
people? Well, I guess we could but at great expense because their 
talent, their energy, their determination to make a contribution to 
America can make us a better nation. I don't think returning them to 
Venezuela, a country they have never called home, is going to be good 
for the United States.
  John David Bunting, Nelson and Jhon's uncle, wrote me a letter about 
his nephews. Here is what he said:

       They will be able to give back so much to our country if 
     they are allowed to stay. I am overwhelmed by my pride in 
     them and how they have managed to persevere and even flourish 
     under these circumstances. . . . I also have two young sons 
     and I teach them about the incredible history of the United 
     States and the way that our country can address wrongs 
     committed in its name and come out of the process even 
     stronger. Please help us.

  Nelson and Jhon asked the Department of Homeland Security to stop 
their deportation proceedings. After I received their uncle's letter, I 
contacted the Department and asked them to consider this case. The 
Department has decided to grant a stay to Nelson and Jhon to give them 
a chance to continue their education. That was clearly the right thing 
to do.
  Some have criticized the Obama administration for granting this kind 
of deferral action to a small number of DREAM Act students, but this is 
exactly what the Bush administration did. I wish to commend President 
George Bush, who was steadfast and consistent in his support of 
immigration reform.
  It is a waste of limited resources to deport two fine engineering 
students from the United States, and it is entirely consistent with the 
law to grant them deferred action.

[[Page S2886]]

  Let me tell my colleagues about another student, Pedro Pedroza. Here 
is his photograph. Pedro was brought to Chicago from Mexico when he was 
5 years old. He graduated from St. Agnes Catholic School in Little 
Village, a great part of our city of Chicago. He was an honor student 
at St. Ignatius College Prep, one of the best schools in Chicago. He is 
now a student in New York at Cornell University in Ithaca. His goal is 
to become a teacher.
  Do we need teachers with his qualities? You bet we do, not just in 
New York but in Illinois and across America. But, unfortunately, Pedro 
is in deportation proceedings. He was riding a bus from Chicago back to 
school in New York when immigration agents arrested him. He has asked 
the Department of Homeland Security to grant him a stay, and I hope 
they will. It makes no sense to send someone like Pedro, who has so 
much to contribute, to a country he barely remembers.
  Here is what he wrote to me in a letter:

       Mexico is not only unfamiliar to me, but leaving the U.S. 
     means leaving everything and everyone I know. I only hope I 
     can have a future in the U.S. for as long as I am here. Even 
     if I am left no choice but to leave for Mexico, I would still 
     strive to adjust my status and return to a place I consider 
     home--The United States of America.

  The last photograph I wish to show is Steve Li. This is his 
photograph. His parents brought him to the United States when he was 11 
years old. He is a student at the City College of San Francisco where 
he has majored in nursing and is a leader in student government. He 
wrote a letter:

       My dream is to become a registered nurse at San Francisco 
     General Hospital and be a public health advocate. I want to 
     give back to my community by raising awareness about 
     preventive care and other health care issues. I am well on my 
     way to achieving that dream. By passing the DREAM Act, I will 
     be able to achieve these goals and contribute to the growing 
     health care industry.

  So can we use more health care professionals? You bet we could. 
Nurses, we need a lot of them. In fact, the United States imports 
thousands of foreign nurses each year in this country because we just 
don't have enough.
  Unfortunately, Steve Li is also in deportation proceedings. His case 
is especially complicated because while his parents are Chinese, he was 
born in Peru. So he could be deported back to Peru where he knows no 
one and has no family members.
  Senator Feinstein asked the Department of Homeland Security to 
consider his case. They have given him a temporary stay, for now.
  I first introduced the DREAM Act 10 years ago. Since then, I have met 
so many immigrant students who would qualify for it. When I first 
brought up this bill I used to have meetings in Chicago. After the 
meetings, without fail there would be someone waiting for me outside. 
Sometimes in the dark of night they would be standing by my car. They 
were always young and most of them had tears in their eyes, and they 
would say to me: Senator Durbin, please pass the DREAM Act. It is my 
life.
  Times have changed. Ten years of effort, even passing it with a 
majority, hasn't resulted in this becoming a law because of the 
Republican filibuster. Times have changed to the point where the DREAM 
Act students are now stepping up and saying: Here we are. This is who 
we are. We are not going to hide in the shadows anymore.
  When we debated that bill on the floor of the Senate last December, 
the galleries were filled with students wearing graduation gowns and 
caps, waiting, praying for the vote, and it failed. They left, many of 
them crying. They went downstairs, and I met with them. They couldn't 
have felt worse. They just don't know where to turn. They are being 
rejected by the only country they have ever known, the only place they 
have ever called home.
  I said to them: I am not giving up on you. Don't give up on me. We 
are going to keep working on this.
  We reintroduced the bill today. I thank my colleagues who have 
already cosponsored it. I urge and plead with others who have not for 
simple justice and fairness. Give these young people a chance. That is 
all they are asking for.
  Mr. WHITEHOUSE. Mr. President, let me express my great appreciation 
to Senator Durbin of Illinois for his many years of leadership on this 
issue. I am very proud to be a cosponsor of his legislation, and I look 
forward to passing this bill.
  I am reminded of the story in the Bible of Joshua at Jericho. It was 
not the first time around Jericho that the horns of Joshua and his 
Israelite Army brought down the walls. If I recall the Bible correctly, 
it was seven times around those walls before they came tumbling down, 
but tumble down is what they did.
  I look forward to joining the Joshua of this crusade, Senator Durbin, 
to go around those walls as long as it takes in order to get the DREAM 
Act passed.
  Mr. DURBIN. 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. 952

       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 
     ``Development, Relief, and Education for Alien Minors Act of 
     2011''or the ``DREAM Act of 2011''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Conditional permanent resident status for certain long-term 
              residents who entered the United States as children.
Sec. 4. Terms of conditional permanent resident status.
Sec. 5. Removal of conditional basis of permanent resident status.
Sec. 6. Regulations.
Sec. 7. Penalties for false statements.
Sec. 8. Confidentiality of information.
Sec. 9. Higher education assistance.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) In general.--Except as otherwise specifically provided, 
     a term used in this Act that is used in the immigration laws 
     shall have the meaning given such term in the immigration 
     laws.
       (2) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (3) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     such term in section 102 of the Higher Education Act of 1965 
     (20 U.S.C. 1002), except that the term does not include an 
     institution of higher education outside the United States.
       (4) Secretary.--Except as otherwise specifically provided, 
     the term ``Secretary'' means the Secretary of Homeland 
     Security.
       (5) Uniformed services.--The term ``Uniformed Services'' 
     has the meaning given the term ``uniformed services'' in 
     section 101(a) of title 10, United States Code.

     SEC. 3. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN 
                   LONG-TERM RESIDENTS WHO ENTERED THE UNITED 
                   STATES AS CHILDREN.

       (a) Conditional Basis for Status.--Notwithstanding any 
     other provision of law, an alien shall be considered, at the 
     time of obtaining the status of an alien lawfully admitted 
     for permanent residence under this section, to have obtained 
     such status on a conditional basis subject to the provisions 
     of this Act.
       (b) Requirements.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary may cancel removal of, and adjust to the 
     status of an alien lawfully admitted for permanent residence 
     on a conditional basis, an alien who is inadmissible or 
     deportable from the United States or is in temporary 
     protected status under section 244 of the Immigration and 
     Nationality Act (8 U.S.C. 1254a), if the alien demonstrates 
     by a preponderance of the evidence that--
       (A) the alien has been continuously physically present in 
     the United States since the date that is 5 years before the 
     date of the enactment of this Act;
       (B) the alien was 15 years of age or younger on the date 
     the alien initially entered the United States;
       (C) the alien has been a person of good moral character 
     since the date the alien initially entered the United States;
       (D) subject to paragraph (2), the alien--
       (i) is not inadmissible under paragraph (2), (3), (6)(E), 
     (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a));
       (ii) has not ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion; and
       (iii) has not been convicted of--

       (I) any offense under Federal or State law punishable by a 
     maximum term of imprisonment of more than 1 year; or
       (II) 3 or more offenses under Federal or State law, for 
     which the alien was convicted on different dates for each of 
     the 3 offenses and imprisoned for an aggregate of 90 days or 
     more;

       (E) the alien--
       (i) has been admitted to an institution of higher education 
     in the United States; or

[[Page S2887]]

       (ii) has earned a high school diploma or obtained a general 
     education development certificate in the United States; and
       (F) the alien was 35 years of age or younger on the date of 
     the enactment of this Act.
       (2) Waiver.--With respect to any benefit under this Act, 
     the Secretary may waive the grounds of inadmissibility under 
     paragraph (6)(E), (6)(G), or (10)(D) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)) for 
     humanitarian purposes or family unity or when it is otherwise 
     in the public interest.
       (3) Submission of biometric and biographic data.--The 
     Secretary may not grant permanent resident status on a 
     conditional basis to an alien under this section unless the 
     alien submits biometric and biographic data, in accordance 
     with procedures established by the Secretary. The Secretary 
     shall provide an alternative procedure for applicants who are 
     unable to provide such biometric or biographic data because 
     of a physical impairment.
       (4) Background checks.--
       (A) Requirement for background checks.--The Secretary shall 
     utilize biometric, biographic, and other data that the 
     Secretary determines is appropriate--
       (i) to conduct security and law enforcement background 
     checks of an alien seeking permanent resident status on a 
     conditional basis under this section; and
       (ii) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for such status.
       (B) Completion of background checks.--The security and law 
     enforcement background checks required by subparagraph (A) 
     for an alien shall be completed, to the satisfaction of the 
     Secretary, prior to the date the Secretary grants permanent 
     resident status on a conditional basis to the alien.
       (5) Medical examination.--An alien applying for permanent 
     resident status on a conditional basis under this section 
     shall undergo a medical examination. The Secretary, with the 
     concurrence of the Secretary of Health and Human Services, 
     shall prescribe policies and procedures for the nature and 
     timing of such examination.
       (6) Military selective service.--An alien applying for 
     permanent resident status on a conditional basis under this 
     section shall establish that the alien has registered under 
     the Military Selective Service Act (50 U.S.C. App. 451 et 
     seq.), if the alien is subject to such registration under 
     that Act.
       (c) Determination of Continuous Presence.--
       (1) Termination of continuous period.--Any period of 
     continuous physical presence in the United States of an alien 
     who applies for permanent resident status on a conditional 
     basis under this section shall not terminate when the alien 
     is served a notice to appear under section 239(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1229(a)).
       (2) Treatment of certain breaks in presence.--
       (A) In general.--An alien shall be considered to have 
     failed to maintain continuous physical presence in the United 
     States under subsection (b)(1)(A) if the alien has departed 
     from the United States for any period in excess of 90 days or 
     for any periods in the aggregate exceeding 180 days.
       (B) Extensions for extenuating circumstances.--The 
     Secretary may extend the time periods described in 
     subparagraph (A) for an alien if the alien demonstrates that 
     the failure to timely return to the United States was due to 
     extenuating circumstances beyond the alien's control.
       (d) Application.--
       (1) In general.--An alien seeking lawful permanent resident 
     status on a conditional basis shall file an application for 
     such status in such manner as the Secretary may require.
       (2) Deadline for submission of application.--An alien shall 
     submit an application for relief under this section not later 
     than the date that is 1 year after the later of--
       (A) the date the alien earned a high school diploma or 
     obtained a general education development certificate in the 
     United States; or
       (B) the effective date of the final regulations issued 
     pursuant to section 6.
       (e) Limitation on Removal of Certain Aliens.--
       (1) In general.--The Secretary or the Attorney General may 
     not remove an alien who--
       (A) has a pending application for relief under this 
     section; and
       (B) establishes prima facie eligibility for relief under 
     this section.
       (2) Certain aliens enrolled in primary or secondary 
     school.--
       (A) Stay of removal.--The Attorney General shall stay the 
     removal proceedings of an alien who--
       (i) meets all the requirements of subparagraphs (A), (B), 
     (C), (D), and (F) of subsection (b)(1);
       (ii) is at least 5 years of age; and
       (iii) is enrolled full-time in a primary or secondary 
     school.
       (B) Aliens not in removal proceedings.--If an alien is not 
     in removal proceedings, the Secretary shall not commence such 
     proceedings with respect to the alien if the alien is 
     described in clauses (i) through (iii) of subparagraph (A).
       (C) Employment.--An alien whose removal is stayed pursuant 
     to subparagraph (A) or who may not be placed in removal 
     proceedings pursuant to subparagraph (B) shall, upon 
     application to the Secretary, be granted an employment 
     authorization document.
       (D) Lift of stay.--The Secretary or Attorney General may 
     lift the stay granted to an alien under subparagraph (A) if 
     the alien--
       (i) is no longer enrolled in a primary or secondary school; 
     or
       (ii) ceases to meet the requirements of such paragraph.
       (f) Exemption From Numerical Limitations.--Nothing in this 
     section or in any other law may be construed to apply a 
     numerical limitation on the number of aliens who may be 
     eligible for adjustment of status under this Act.

     SEC. 4. TERMS OF CONDITIONAL PERMANENT RESIDENT STATUS.

       (a) Period of Status.--Permanent resident status on a 
     conditional basis granted under this Act is--
       (1) valid for a period of 6 years, unless such period is 
     extended by the Secretary; and
       (2) subject to termination under subsection (c).
       (b) Notice of Requirements.--
       (1) At time of obtaining status.--At the time an alien 
     obtains permanent resident status on a conditional basis 
     under this Act, the Secretary shall provide for notice to the 
     alien regarding the provisions of this Act and the 
     requirements to have the conditional basis of such status 
     removed.
       (2) Effect of failure to provide notice.--The failure of 
     the Secretary to provide a notice under this subsection--
       (A) shall not affect the enforcement of the provisions of 
     this Act with respect to the alien; and
       (B) shall not give rise to any private right of action by 
     the alien.
       (c) Termination of Status.--
       (1) In general.--The Secretary shall terminate the 
     conditional permanent resident status of an alien, if the 
     Secretary determines that the alien--
       (A) ceases to meet the requirements of subparagraph (C) or 
     (D) of section 3(b)(1); or
       (B) was discharged from the Uniformed Services and did not 
     receive an honorable discharge.
       (d) Return to Previous Immigration Status.--
       (1) In general.--Except as provided in paragraph (2), an 
     alien whose permanent resident status on a conditional basis 
     expires under subsection (a)(1) or is terminated under 
     subsection (c) or whose application for such status is denied 
     shall return to the immigration status the alien had 
     immediately prior to receiving permanent resident status on a 
     conditional basis or applying for such status, as 
     appropriate.
       (2) Special rule for temporary protected status.--In the 
     case of an alien whose permanent resident status on a 
     conditional basis expires under subsection (a)(1) or is 
     terminated under subsection (c) or whose application for such 
     status is denied and who had temporary protected status 
     immediately prior to receiving or applying for such status, 
     as appropriate, the alien may not return to temporary 
     protected status if--
       (A) the relevant designation under section 244(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1254a(b)) has been 
     terminated; or
       (B) the Secretary determines that the reason for 
     terminating the permanent resident status on a conditional 
     basis renders the alien ineligible for temporary protected 
     status.
       (e) Information Systems.--The Secretary shall use the 
     information systems of the Department of Homeland Security to 
     maintain current information on the identity, address, and 
     immigration status of aliens granted permanent resident 
     status on a conditional basis under this Act.

     SEC. 5. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT 
                   STATUS.

       (a) Eligibility for Removal of Conditional Basis.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     may remove the conditional basis of an alien's permanent 
     resident status granted under this Act if the alien 
     demonstrates by a preponderance of the evidence that--
       (A) the alien has been a person of good moral character 
     during the entire period of conditional permanent resident 
     status;
       (B) the alien is described in section 3(b)(1)(D);
       (C) the alien has not abandoned the alien's residence in 
     the United States;
       (D) the alien--
       (i) has acquired a degree from an institution of higher 
     education in the United States or has completed at least 2 
     years, in good standing, in a program for a bachelor's degree 
     or higher degree in the United States; or
       (ii) has served in the Uniformed Services for at least 2 
     years and, if discharged, received an honorable discharge; 
     and
       (E) the alien has provided a list of each secondary school 
     (as that term is defined in section 9101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801)) that 
     the alien attended in the United States.
       (2) Hardship exception.--
       (A) In general.--The Secretary may, in the Secretary's 
     discretion, remove the conditional basis of an alien's 
     permanent resident status if the alien--
       (i) satisfies the requirements of subparagraphs (A), (B), 
     (C), and (E) of paragraph (1);
       (ii) demonstrates compelling circumstances for the 
     inability to satisfy the requirements of subparagraph (D) of 
     such paragraph; and

[[Page S2888]]

       (iii) demonstrates that the alien's removal from the United 
     States would result in extreme hardship to the alien or the 
     alien's spouse, parent, or child who is a citizen or a lawful 
     permanent resident of the United States.
       (B) Extension.--Upon a showing of good cause, the Secretary 
     may extend the period of permanent resident status on a 
     conditional basis for an alien so that the alien may complete 
     the requirements of subparagraph (D) of paragraph (1).
       (3) Treatment of abandonment or residence.--For purposes of 
     paragraph (1)(C), an alien--
       (A) shall be presumed to have abandoned the alien's 
     residence in the United States if the alien is absent from 
     the United States for more than 365 days, in the aggregate, 
     during the alien's period of conditional permanent resident 
     status, unless the alien demonstrates to the satisfaction of 
     the Secretary that the alien has not abandoned such 
     residence; and
       (B) who is absent from the United States due to active 
     service in the Uniformed Services has not abandoned the 
     alien's residence in the United States during the period of 
     such service.
       (4) Citizenship requirement.--
       (A) In general.--Except as provided in subparagraph (B), 
     the conditional basis of an alien's permanent resident status 
     may not be removed unless the alien demonstrates that the 
     alien satisfies the requirements of section 312(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1423(a)).
       (B) Exception.--Subparagraph (A) shall not apply to an 
     alien who is unable because of a physical or developmental 
     disability or mental impairment to meet the requirements of 
     such subparagraph.
       (5) Submission of biometric and biographic data.--The 
     Secretary may not remove the conditional basis of an alien's 
     permanent resident status unless the alien submits biometric 
     and biographic data, in accordance with procedures 
     established by the Secretary. The Secretary shall provide an 
     alternative procedure for applicants who are unable to 
     provide such biometric data because of a physical impairment.
       (6) Background checks.--
       (A) Requirement for background checks.--The Secretary shall 
     utilize biometric, biographic, and other data that the 
     Secretary determines appropriate--
       (i) to conduct security and law enforcement background 
     checks of an alien applying for removal of the conditional 
     basis of the alien's permanent resident status; and
       (ii) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for removal of such conditional basis.
       (B) Completion of background checks.--The security and law 
     enforcement background checks required by subparagraph (A) 
     for an alien shall be completed, to the satisfaction of the 
     Secretary, prior to the date the Secretary removes the 
     conditional basis of the alien's permanent resident status.
       (b) Application To Remove Conditional Basis.--
       (1) In general.--An alien seeking to have the conditional 
     basis of the alien's lawful permanent resident status removed 
     shall file an application for such removal in such manner as 
     the Secretary may require.
       (2) Deadline for submission of application.--
       (A) In general.--An alien shall file an application under 
     this subsection during the period beginning 6 months prior to 
     and ending on the date that is later of--
       (i) 6 years after the date the alien was initially granted 
     conditional permanent resident status; or
       (ii) any other expiration date of the alien's conditional 
     permanent resident status, as extended by the Secretary in 
     accordance with this Act.
       (B) Status during pendency.--An alien shall be deemed to 
     have permanent resident status on a conditional basis during 
     the period that the alien's application submitted under this 
     subsection is pending.
       (3) Adjudication of application.--
       (A) In general.--The Secretary shall make a determination 
     on each application filed by an alien under this subsection 
     as to whether the alien meets the requirements for removal of 
     the conditional basis of the alien's permanent resident 
     status.
       (B) Adjustment of status if favorable determination.--If 
     the Secretary determines that the alien meets such 
     requirements, the Secretary shall notify the alien of such 
     determination and remove the conditional basis of the alien's 
     permanent resident status, effective as of the date of such 
     determination.
       (C) Termination if adverse determination.--If the Secretary 
     determines that the alien does not meet such requirements, 
     the Secretary shall notify the alien of such determination 
     and, if the period of the alien's conditional permanent 
     resident status under section 4(a)(1) has ended, terminate 
     the conditional permanent resident status granted the alien 
     under this Act as of the date of such determination.
       (c) Treatment for Purposes of Naturalization.--
       (1) In general.--For purposes of title III of the 
     Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an 
     alien granted permanent resident status on a conditional 
     basis under this Act shall be considered to have been 
     admitted as an alien lawfully admitted for permanent 
     residence and to be in the United States as an alien lawfully 
     admitted to the United States for permanent residence.
       (2) Limitation on application for naturalization.--An alien 
     may not apply for naturalization during the period that the 
     alien is in permanent resident status on a conditional basis 
     under this Act.

     SEC. 6. REGULATIONS.

       (a) Initial Publication.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall 
     publish regulations implementing this Act. Such regulations 
     shall allow eligible individuals to apply affirmatively for 
     the relief available under section 3 without being placed in 
     removal proceedings.
       (b) Interim Regulations.--Notwithstanding section 553 of 
     title 5, United States Code, the regulations required by 
     subsection (a) shall be effective, on an interim basis, 
     immediately upon publication but may be subject to change and 
     revision after public notice and opportunity for a period of 
     public comment.
       (c) Final Regulations.--Within a reasonable time after 
     publication of the interim regulations in accordance with 
     subsection (b), the Secretary shall publish final regulations 
     implementing this Act.
       (d) Paperwork Reduction Act.--The requirements of chapter 
     35 of title 44, United States Code (commonly known as the 
     ``Paperwork Reduction Act'') shall not apply to any action to 
     implement this Act.

     SEC. 7. PENALTIES FOR FALSE STATEMENTS.

       Whoever files an application for any relief or benefit 
     under this Act and willfully and knowingly falsifies, 
     misrepresents, or conceals a material fact or makes any false 
     or fraudulent statement or representation, or makes or uses 
     any false writing or document knowing the same to contain any 
     false or fraudulent statement or entry, shall be fined in 
     accordance with title 18, United States Code, imprisoned not 
     more than 5 years, or both.

     SEC. 8. CONFIDENTIALITY OF INFORMATION.

       (a) Prohibition.--Except as provided in subsection (b), no 
     officer or employee of the United States may--
       (1) use the information furnished by an individual pursuant 
     to an application filed under this Act in removal proceedings 
     against any person identified in the application;
       (2) make any publication whereby the information furnished 
     by any particular individual pursuant to an application under 
     this Act can be identified; or
       (3) permit anyone other than an officer, employee or 
     authorized contractor of the United States Government or, in 
     the case of an application filed under this Act with a 
     designated entity, that designated entity, to examine such 
     application filed under such sections.
       (b) Required Disclosure.--The Attorney General or the 
     Secretary shall provide the information furnished under this 
     Act, and any other information derived from such furnished 
     information, to--
       (1) a Federal, State, tribal, or local law enforcement 
     agency, intelligence agency, national security agency, 
     component of the Department of Homeland Security, court, or 
     grand jury in connection with a criminal investigation or 
     prosecution, a background check conducted pursuant to section 
     103 of the Brady Handgun Violence Protection Act (Public Law 
     103-159; 18 U.S.C. 922 note), or national security purposes, 
     if such information is requested by such entity or consistent 
     with an information sharing agreement or mechanism; or
       (2) an official coroner for purposes of affirmatively 
     identifying a deceased individual (whether or not such 
     individual is deceased as a result of a crime).
       (c) Fraud in Application Process or Criminal Conduct.--
     Notwithstanding any other provision of this section, 
     information concerning whether an alien seeking relief under 
     this Act has engaged in fraud in an application for such 
     relief or at any time committed a crime may be used or 
     released for immigration enforcement, law enforcement, or 
     national security purposes.
       (d) Penalty.--Whoever knowingly uses, publishes, or permits 
     information to be examined in violation of this section shall 
     be fined not more than $10,000.

     SEC. 9. HIGHER EDUCATION ASSISTANCE.

       (a) In General.--Notwithstanding any provision of the 
     Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), with 
     respect to assistance provided under title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1070 et seq.), an alien who 
     has permanent resident status on a conditional basis under 
     this Act shall be eligible only for the following assistance 
     under such title:
       (1) Student loans under parts D and E of such title IV (20 
     U.S.C. 1087a et seq. and 1087aa et seq.), subject to the 
     requirements of such parts.
       (2) Federal work-study programs under part C of such title 
     IV (42 U.S.C. 2751 et seq.), subject to the requirements of 
     such part.
       (3) Services under such title IV (20 U.S.C. 1070 et seq.), 
     subject to the requirements for such services.
       (b) Restoration of State Option to Determine Residency for 
     Purposes of Higher Education Benefits.--
       (1) In general.--Section 505 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1623) is repealed.
       (2) Effective date.--The repeal under paragraph (1) shall 
     take effect as if included in the enactment of the Illegal 
     Immigration

[[Page S2889]]

     Reform and Immigrant Responsibility Act of 1996 (division C 
     of Public Law 104-208; 110 Stat. 3009-546).
                                 ______
                                 
      By Mr. LUGAR:
  S. 954. A bill to promote the strengthening of the Haitian private 
sector; to the Committee on Foreign Relations.
  Mr. LUGAR. Mr. President, I rise to introduce legislation that will 
lead to the establishment of the Haitian-American Enterprise Fund. The 
Haitian-American Enterprise Fund bill authorizes the Administration to 
allocate, from existing resources, such sums as required to create the 
Fund. The mission of the Fund will be to help empower Haiti's private 
sector to create jobs, which will contribute towards achieving long-
term social stability and economic growth.
  Last month, I asked six of the most distinguished directors of the 
former enterprise funds in Eastern Europe and the former Soviet Union 
to travel to Haiti to evaluate the current status of Haiti's private 
sector, the scope of U.S. Government efforts targeting sustainable job 
creation, and the role, if any, an enterprise fund might play there in 
promoting economic growth. Led by Kim Davis, a founder of the private 
equity firm Charlesbank Capital Partners, each member of the Delegation 
has had a very successful private sector career and each traveled to 
Haiti, at his or her own expense, in order to provide the Congress an 
experienced perspective as to whether proven economic growth strategies 
they employed to strengthen other fragile countries might work in 
Haiti. They were also asked to describe what immediate actions they 
would recommend, if any, to jump-start Haiti's private sector, with a 
particular emphasis on entrepreneurship, and other initiatives that 
could assist Haiti in its necessary transition to a nation with a 
middle class and a market economy.
  In a recent letter to me, Haitian President-elect Michel Martelly 
noted he is fully supportive of efforts to create an enterprise fund 
for Haiti. Enterprise funds have historically filled important voids in 
the nascent capital markets of fragile economies. President-elect 
Martelly has indicated a keen interest in creating an enterprise fund 
in order to generate lending vehicles for mortgages and agricultural 
loans--as housing and agricultural production rank among his top 
priorities. There are many other voids in Haiti's economy that have 
been identified, which previous enterprise funds have effectively 
worked to address in other countries.
  The Delegation's report makes clear that enterprise funds are not 
silver bullets. However, at a time when we face significant domestic 
and global economic challenges, the enterprise fund model, if 
implemented effectively, provides a proven vehicle by which the U.S. 
Government can leverage the extensive intellectual and financial 
capital of the American business community in order to help address 
these challenges in underdeveloped economies such as that of Haiti. As 
an example, the Polish Fund received a USG grant of $240 million in 
1990 and used that to attract more than $2.3 billion to Poland over the 
next several years.
  Since Senator Leahy and I introduced legislation authorizing the 
creation of an enterprise fund for Haiti in April 2010, the 
Administration has requested that enterprise funds also be created for 
Pakistan, Egypt, Tunisia and Jordan. Such keen interest in utilizing 
the enterprise fund model for advancing sustainable economic growth is 
welcomed. Empowering a group of U.S. citizens who understand democratic 
capitalism to help translate our foreign assistance strategies into 
practical actions will complement the important work performed by our 
capable diplomats and development experts.
  The May 14, 2011 inauguration of Mr. Martelly as President of Haiti 
provides an opportunity to start anew. Congress should aide the 
President-elect in this important effort by honoring his request for 
the creation of a Haitian-American Enterprise Fund. I ask for your 
support on passage of this bill.
                                 ______
                                 
      By Mr. BOOZMAN (for himself and Mr. Begich):
  S. 957. A bill to amend title 38, United States Code to improve the 
provision of rehabilitative services for veterans with traumatic brain 
injury, and for other purposes; to the Committee on Veterans' Affairs.
  Mr. BOOZMAN. Mr. President, traumatic brain injury, TBI, is becoming 
an increasingly common injury on the modern battlefield. Thankfully, 
because of advances in medicine, service-members who would not have 
been expected to survive catastrophic attacks in previous conflicts are 
returning home today from combat in Iraq and Afghanistan with 
unprecedented severe and complex injuries. Since 2001, over 1,500 
service members have suffered from a severe TBI, many of whom require 
rehabilitative programs ranging from total care for the most basic 
needs to semi-independent living support. A restrictive approach to 
rehabilitation puts these wounded warriors at risk of losing any 
progress they made towards recovery. For this reason, my colleague, 
Senator Mark Begich of Alaska, and I are introducing the Veterans' 
Traumatic Brain Injury Rehabilitative Services' Improvements Act of 
2011. I would also like to thank my House colleagues, Rep. Tim Walz of 
Minnesota and Rep. Gus Bilirakis of Florida, for their support and 
leadership on the House companion version of 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. 957

       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 ``Veterans' Traumatic Brain 
     Injury Rehabilitative Services' Improvements Act of 2011''.

     SEC. 2. REHABILITATIVE SERVICES FOR VETERANS WITH TRAUMATIC 
                   BRAIN INJURY.

       (a) Rehabilitation Services in Plans for Rehabilitation and 
     Reintegration.--Section 1710C of title 38, United States 
     Code, is amended--
       (1) in subsection (a)(1), by inserting before the semicolon 
     the following: ``with the goal of maximizing the individual's 
     independence and quality of life'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by inserting after ``improving'' the following: ``(and 
     sustaining improvement in)'';
       (ii) by inserting ``behavioral,'' after ``cognitive'';
       (iii) by inserting ``and mental health'' after 
     ``functioning''; and
       (iv) by inserting ``, quality of life,'' after 
     ``independence'';
       (B) in paragraph (2), by inserting ``rehabilitative 
     services and'' before ``rehabilitative components''; and
       (C) in paragraph (3)--
       (i) by striking ``treatments'' the first place it appears 
     and inserting ``services''; and
       (ii) by striking ``treatments and'' the second place it 
     appears; and
       (3) by adding at the end the following new subsection:
       ``(h) Rehabilitative Services Defined.--For purposes of 
     this section, and sections 1710D and 1710E of this title, the 
     term `rehabilitative services' includes--
       ``(1) rehabilitative services, as such term is defined in 
     section 1701 of this title;
       ``(2) services (which may be of ongoing duration) to 
     sustain, and prevent loss of, functional gains that have been 
     achieved; and
       ``(3) any other services or supports that may contribute to 
     maximizing an individual's independence and quality of 
     life.''.
       (b) Rehabilitation Services in Comprehensive Program for 
     Long-term Rehabilitation.--Section 1710D(a) of such title is 
     amended--
       (1) by inserting ``and rehabilitative services (as defined 
     in section 1710C of this title)'' after ``long-term care''; 
     and
       (2) by striking ``treatment''.
       (c) Rehabilitation Services in Authority for Cooperative 
     Agreements for Use of Non-Department Facilities for 
     Rehabilitation.--Section 1710E(a) of such title is amended by 
     inserting ``, including rehabilitative services (as defined 
     in section 1710C of this title),'' after ``medical 
     services''.
       (d) Technical Amendment.--Section 1710C(c)(2)(S) of such 
     title is amended by striking ``opthamologist'' and inserting 
     ``ophthalmologist''.

                          ____________________