Congressional Record, Volume 157 Issue 64 (Wednesday, May 11, 2011)

[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''.

____________________