[Congressional Record Volume 157, Number 86 (Wednesday, June 15, 2011)]
[Senate]
[Pages S3817-S3841]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. FEINSTEIN (for herself, Ms. Snowe, and Mr. Leahy):
  S. 1199. A bill to amend title 18, United States Code, to limit the 
misuse of Social Security numbers, to establish criminal penalties for 
such misuse, and for other purposes; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I am pleased to introduce, together 
with Senator Snowe, legislation today to protect one of Americans' most 
valuable but vulnerable assets: Social Security numbers.
  The Protecting the Privacy of Social Security Numbers Act would 
protect personal privacy and reduce identity theft by eliminating the 
unnecessary use and display of Social Security numbers.
  Since the 106th Congress, I have worked to safeguard Social Security 
numbers. I believe that the widespread display and use of these numbers 
poses a significant, and entirely preventable, threat to Americans' 
personal privacy.
  In 1935, Congress authorized the Social Security Administration to 
issue Social Security numbers as part of the Social Security program. 
Since that time, Social Security numbers have become the best known and 
easiest way to identify individuals in the United States.
  Use of these numbers has expanded well beyond their original purpose. 
Social Security numbers are now used for everything from credit checks 
to rental agreements to employment verifications, among other purposes. 
They can be found in privately held databases and on public records, 
including marriage licenses, professional certifications, and countless 
other public documents, many of which are available on the Internet.
  Once accessed, the numbers act like keys, allowing thieves to open 
credit card and bank accounts and even begin applying for government 
benefits.
  According to the Federal Trade Commission, between 8 and 10 million 
Americans have their identities stolen by such thieves each year, at a 
combined cost of billions of dollars.
  What's worse, victims often do not realize that a theft has occurred 
until much later, when they learn that their credit has been destroyed 
by unpaid debt on fraudulently opened accounts.
  One thief stole a retired Army Captain's military identification card 
and used his Social Security number, listed on the card, to go on a 6-
month, $260,000 shopping spree. By the time the Army Captain realized 
what had happened, the thief had opened more than 60 fraudulent 
accounts.
  A single mother of two went to file her taxes and learned that a 
fraudulent return had already been filed in her name by someone else, a 
thief who wanted her refund check.
  A former pro-football player received a phone call notifying him that 
a $1 million home mortgage loan had been approved in his name even 
though he had never applied for such a loan.
  Identity theft is serious. Once an individual's identity is stolen, 
people are often subjected to countless hours and costs attempting to 
regain their good name and credit. In 2004, victims spent an average of 
300 hours recovering from the crime. The crime disrupts lives and can 
destroy finances.
  It also hurts American businesses. A 2006 online survey by the 
Business Software Alliance and Harris Interactive found that nearly 30 
percent of adults decided to shop online less or not at all during the 
holiday season because of fears about identity theft.
  When people's identities are stolen, they often do not know how the 
thieves obtained their personal information. Social security numbers 
and other key identifying data are displayed and used in such a 
widespread manner that individuals could not successfully restrict 
access themselves.
  Limitations on the display of Social Security numbers are critically 
needed.
  In the last Congress, Senator Judd Gregg of New Hampshire and I 
worked together to pass a bill to prevent Federal, State, and local 
entities from printing social security numbers on government checks and 
to prohibit government entities from employing prisoners in jobs like 
data entry that gave them access to people's social security numbers.
  But comprehensive legislation is still needed.
  The U.S. Government Accountability Office conducted studies of this 
problem in 2002 and 2007. Both times--in studies entitled Social 
Security Numbers Are Widely Used by Government and Could Be Better 
Protected and Social Security numbers: Use Is Widespread and Could Be 
Improved, the GAO concluded that current protections are insufficient 
and that serious vulnerabilities remain.
  The Protecting the Privacy of Social Security Numbers Act would 
require government agencies and businesses to do more to protect 
Americans' Social Security numbers. The bill would stop the sale or 
display of a person's Social Security number without his or her express 
consent; prevent Federal, State, and local governments from displaying 
Social Security numbers on public records posted on the Internet; limit 
the circumstances in which businesses could ask a customer for his or 
her Social Security number; commission a study by the Attorney General 
regarding the current uses of Social Security numbers and the impact on 
privacy and data security; and institute criminal and civil penalties 
for misuse of Social Security numbers.
  I believe this legislation could play a critical role in halting the 
growing epidemic of identity theft that has been plaguing America and 
its citizens.
  As President George W. Bush's Identity Theft Task Force reported to 
us now three years ago, ``[i]dentity theft depends on access to . . . 
data. Reducing the opportunities for thieves to get the data is 
critical to fighting the crime.''
  Every agency to study this problem has agreed that the problem will 
continue to grow over time and that action is needed.
  I urge my colleagues to support the Protecting the Privacy of Social 
Security Numbers Act.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1199

       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 ``Protecting 
     the Privacy of Social Security Numbers Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Prohibition of the display, sale, or purchase of Social 
              Security numbers.
Sec. 4. Application of Prohibition of the display, sale, or purchase of 
              Social Security numbers to public records.
Sec. 5. Rulemaking authority of the Attorney General.
Sec. 6. Limits on personal disclosure of a Social Security number for 
              consumer transactions.
Sec. 7. Extension of civil monetary penalties for misuse of a Social 
              Security number.
Sec. 8. Criminal penalties for the misuse of a Social Security number.
Sec. 9. Civil actions and civil penalties.
Sec. 10. Federal injunctive authority.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The inappropriate display, sale, or purchase of Social 
     Security numbers has contributed to a growing range of 
     illegal activities, including fraud, identity theft, and, in 
     some cases, stalking and other violent crimes.

[[Page S3818]]

       (2) While financial institutions, health care providers, 
     and other entities have often used Social Security numbers to 
     confirm the identity of an individual, the general display to 
     the public, sale, or purchase of these numbers has been used 
     to commit crimes, and also can result in serious invasions of 
     individual privacy.
       (3) The Federal Government requires virtually every 
     individual in the United States to obtain and maintain a 
     Social Security number in order to pay taxes, to qualify for 
     Social Security benefits, or to seek employment. An 
     unintended consequence of these requirements is that Social 
     Security numbers have become one of the tools that can be 
     used to facilitate crime, fraud, and invasions of the privacy 
     of the individuals to whom the numbers are assigned. Because 
     the Federal Government created and maintains this system, and 
     because the Federal Government does not permit individuals to 
     exempt themselves from those requirements, it is appropriate 
     for the Federal Government to take steps to stem the abuse of 
     Social Security numbers.
       (4) The display, sale, or purchase of Social Security 
     numbers in no way facilitates uninhibited, robust, and wide-
     open public debate, and restrictions on such display, sale, 
     or purchase would not affect public debate.
       (5) No one should seek to profit from the display, sale, or 
     purchase of Social Security numbers in circumstances that 
     create a substantial risk of physical, emotional, or 
     financial harm to the individuals to whom those numbers are 
     assigned.
       (6) Consequently, this Act provides each individual that 
     has been assigned a Social Security number some degree of 
     protection from the display, sale, and purchase of that 
     number in any circumstance that might facilitate unlawful 
     conduct.

     SEC. 3. PROHIBITION OF THE DISPLAY, SALE, OR PURCHASE OF 
                   SOCIAL SECURITY NUMBERS.

       (a) Prohibition.--
       (1) In general.--Chapter 47 of title 18, United States 
     Code, is amended by inserting after section 1028A the 
     following:

     ``Sec. 1028B. Prohibition of the display, sale, or purchase 
       of Social Security numbers

       ``(a) Definitions.--In this section:
       ``(1) Display.--The term `display' means to intentionally 
     communicate or otherwise make available (on the Internet or 
     in any other manner) to the general public an individual's 
     Social Security number.
       ``(2) Person.--The term `person' means any individual, 
     partnership, corporation, trust, estate, cooperative, 
     association, or any other entity.
       ``(3) Purchase.--The term `purchase' means providing 
     directly or indirectly, anything of value in exchange for a 
     Social Security number.
       ``(4) Sale.--The term `sale' means obtaining, directly or 
     indirectly, anything of value in exchange for a Social 
     Security number.
       ``(5) State.--The term `State' means any State of the 
     United States, the District of Columbia, Puerto Rico, the 
     Northern Mariana Islands, the United States Virgin Islands, 
     Guam, American Samoa, and any territory or possession of the 
     United States.
       ``(b) Limitation on Display.--Except as provided in section 
     1028C, no person may display any individual's Social Security 
     number to the general public without the affirmatively 
     expressed consent of the individual.
       ``(c) Limitation on Sale or Purchase.--Except as otherwise 
     provided in this section, no person may sell or purchase any 
     individual's Social Security number without the affirmatively 
     expressed consent of the individual.
       ``(d) Prerequisites for Consent.--In order for consent to 
     exist under subsection (b) or (c), the person displaying or 
     seeking to display, selling or attempting to sell, or 
     purchasing or attempting to purchase, an individual's Social 
     Security number shall--
       ``(1) inform the individual of the general purpose for 
     which the number will be used, the types of persons to whom 
     the number may be available, and the scope of transactions 
     permitted by the consent; and
       ``(2) obtain the affirmatively expressed consent 
     (electronically or in writing) of the individual.
       ``(e) Exceptions.--Nothing in this section shall be 
     construed to prohibit or limit the display, sale, or purchase 
     of a Social Security number--
       ``(1) required, authorized, or excepted under any Federal 
     law;
       ``(2) for a public health purpose, including the protection 
     of the health or safety of an individual in an emergency 
     situation;
       ``(3) for a national security purpose;
       ``(4) for a law enforcement purpose, including the 
     investigation of fraud and the enforcement of a child support 
     obligation;
       ``(5) if the display, sale, or purchase of the number is 
     for a use occurring as a result of an interaction between 
     businesses, governments, or business and government 
     (regardless of which entity initiates the interaction), 
     including, but not limited to--
       ``(A) the prevention of fraud (including fraud in 
     protecting an employee's right to employment benefits);
       ``(B) the facilitation of credit checks or the facilitation 
     of background checks of employees, prospective employees, or 
     volunteers;
       ``(C) the retrieval of other information from other 
     businesses, commercial enterprises, government entities, or 
     private nonprofit organizations; or
       ``(D) when the transmission of the number is incidental to, 
     and in the course of, the sale, lease, franchising, or merger 
     of all, or a portion of, a business;
       ``(6) if the transfer of such a number is part of a data 
     matching program involving a Federal, State, or local agency; 
     or
       ``(7) if such number is required to be submitted as part of 
     the process for applying for any type of Federal, State, or 
     local government benefit or program;

     except that, nothing in this subsection shall be construed as 
     permitting a professional or commercial user to display or 
     sell a Social Security number to the general public.
       ``(f) Limitation.--Nothing in this section shall prohibit 
     or limit the display, sale, or purchase of Social Security 
     numbers as permitted under title V of the Gramm-Leach-Bliley 
     Act, or for the purpose of affiliate sharing as permitted 
     under the Fair Credit Reporting Act, except that no entity 
     regulated under such Acts may make Social Security numbers 
     available to the general public, as may be determined by the 
     appropriate regulators under such Acts. For purposes of this 
     subsection, the general public shall not include affiliates 
     or unaffiliated third-party business entities as may be 
     defined by the appropriate regulators.''.
       (2) Conforming amendment.--The chapter analysis for chapter 
     47 of title 18, United States Code, is amended by inserting 
     after the item relating to section 1028 the following:

``1028B. Prohibition of the display, sale, or purchase of Social 
              Security numbers.''.

       (b) Study; Report.--
       (1) In general.--The Attorney General shall conduct a study 
     and prepare a report on all of the uses of Social Security 
     numbers permitted, required, authorized, or excepted under 
     any Federal law. The report shall include a detailed 
     description of the uses allowed as of the date of enactment 
     of this Act, the impact of such uses on privacy and data 
     security, and shall evaluate whether such uses should be 
     continued or discontinued by appropriate legislative action.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General shall report to 
     Congress findings under this subsection. The report shall 
     include such recommendations for legislation based on 
     criteria the Attorney General determines to be appropriate.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 30 days after the date 
     on which the final regulations promulgated under section 5 
     are published in the Federal Register.

     SEC. 4. APPLICATION OF PROHIBITION OF THE DISPLAY, SALE, OR 
                   PURCHASE OF SOCIAL SECURITY NUMBERS TO PUBLIC 
                   RECORDS.

       (a) Public Records Exception.--
       (1) In general.--Chapter 47 of title 18, United States Code 
     (as amended by section 3(a)(1)), is amended by inserting 
     after section 1028B the following:

     ``Sec. 1028C. Display, sale, or purchase of public records 
       containing Social Security numbers

       ``(a) Definition.--In this section, the term `public 
     record' means any governmental record that is made available 
     to the general public.
       ``(b) In General.--Except as provided in subsections (c), 
     (d), and (e), section 1028B shall not apply to a public 
     record.
       ``(c) Public Records on the Internet or in an Electronic 
     Medium.--
       ``(1) In general.--Section 1028B shall apply to any public 
     record first posted onto the Internet or provided in an 
     electronic medium by, or on behalf of a government entity 
     after the date of enactment of this section, except as 
     limited by the Attorney General in accordance with paragraph 
     (2).
       ``(2) Exception for government entities already placing 
     public records on the internet or in electronic form.--Not 
     later than 60 days after the date of enactment of this 
     section, the Attorney General shall issue regulations 
     regarding the applicability of section 1028B to any record of 
     a category of public records first posted onto the Internet 
     or provided in an electronic medium by, or on behalf of a 
     government entity prior to the date of enactment of this 
     section. The regulations will determine which individual 
     records within categories of records of these government 
     entities, if any, may continue to be posted on the Internet 
     or in electronic form after the effective date of this 
     section. In promulgating these regulations, the Attorney 
     General may include in the regulations a set of procedures 
     for implementing the regulations and shall consider the 
     following:
       ``(A) The cost and availability of technology available to 
     a governmental entity to redact Social Security numbers from 
     public records first provided in electronic form after the 
     effective date of this section.
       ``(B) The cost or burden to the general public, businesses, 
     commercial enterprises, non-profit organizations, and to 
     Federal, State, and local governments of complying with 
     section 1028B with respect to such records.
       ``(C) The benefit to the general public, businesses, 
     commercial enterprises, non-profit organizations, and to 
     Federal, State, and local governments if the Attorney General 
     were to determine that section 1028B should apply to such 
     records.

     Nothing in the regulation shall permit a public entity to 
     post a category of public records on the Internet or in 
     electronic form after the effective date of this section if 
     such category had not been placed on the Internet or in 
     electronic form prior to such effective date.

[[Page S3819]]

       ``(d) Harvested Social Security Numbers.--Section 1028B 
     shall apply to any public record of a government entity which 
     contains Social Security numbers extracted from other public 
     records for the purpose of displaying or selling such numbers 
     to the general public.
       ``(e) Attorney General Rulemaking on Paper Records.--
       ``(1) In general.--Not later than 60 days after the date of 
     enactment of this section, the Attorney General shall 
     determine the feasibility and advisability of applying 
     section 1028B to the records listed in paragraph (2) when 
     they appear on paper or on another nonelectronic medium. If 
     the Attorney General deems it appropriate, the Attorney 
     General may issue regulations applying section 1028B to such 
     records.
       ``(2) List of paper and other nonelectronic records.--The 
     records listed in this paragraph are as follows:
       ``(A) Professional or occupational licenses.
       ``(B) Marriage licenses.
       ``(C) Birth certificates.
       ``(D) Death certificates.
       ``(E) Other short public documents that display a Social 
     Security number in a routine and consistent manner on the 
     face of the document.
       ``(3) Criteria for attorney general review.--In determining 
     whether section 1028B should apply to the records listed in 
     paragraph (2), the Attorney General shall consider the 
     following:
       ``(A) The cost or burden to the general public, businesses, 
     commercial enterprises, non-profit organizations, and to 
     Federal, State, and local governments of complying with 
     section 1028B.
       ``(B) The benefit to the general public, businesses, 
     commercial enterprises, non-profit organizations, and to 
     Federal, State, and local governments if the Attorney General 
     were to determine that section 1028B should apply to such 
     records.''.
       (2) Conforming amendment.--The chapter analysis for chapter 
     47 of title 18, United States Code (as amended by section 
     3(a)(2)), is amended by inserting after the item relating to 
     section 1028B the following:

``1028C. Display, sale, or purchase of public records containing Social 
              Security numbers.''.

       (b) Study and Report on Social Security Numbers in Public 
     Records.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study and prepare a report on Social Security 
     numbers in public records. In developing the report, the 
     Comptroller General shall consult with the Administrative 
     Office of the United States Courts, State and local 
     governments that store, maintain, or disseminate public 
     records, and other stakeholders, including members of the 
     private sector who routinely use public records that contain 
     Social Security numbers.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report on the study 
     conducted under paragraph (1). The report shall include a 
     detailed description of the activities and results of the 
     study and recommendations for such legislative action as the 
     Comptroller General considers appropriate. The report, at a 
     minimum, shall include--
       (A) a review of the uses of Social Security numbers in non-
     federal public records;
       (B) a review of the manner in which public records are 
     stored (with separate reviews for both paper records and 
     electronic records);
       (C) a review of the advantages or utility of public records 
     that contain Social Security numbers, including the utility 
     for law enforcement, and for the promotion of homeland 
     security;
       (D) a review of the disadvantages or drawbacks of public 
     records that contain Social Security numbers, including 
     criminal activity, compromised personal privacy, or threats 
     to homeland security;
       (E) the costs and benefits for State and local governments 
     of removing Social Security numbers from public records, 
     including a review of current technologies and procedures for 
     removing Social Security numbers from public records; and
       (F) an assessment of the benefits and costs to businesses, 
     their customers, and the general public of prohibiting the 
     display of Social Security numbers on public records (with 
     separate assessments for both paper records and electronic 
     records).
       (c) Effective Date.--The prohibition with respect to 
     electronic versions of new classes of public records under 
     section 1028C(b) of title 18, United States Code (as added by 
     subsection (a)(1)) shall not take effect until the date that 
     is 60 days after the date of enactment of this Act.

     SEC. 5. RULEMAKING AUTHORITY OF THE ATTORNEY GENERAL.

       (a) In General.--Except as provided in subsection (b), the 
     Attorney General may prescribe such rules and regulations as 
     the Attorney General deems necessary to carry out the 
     provisions of section 1028B(e)(5) of title 18, United States 
     Code (as added by section 3(a)(1)).
       (b) Display, Sale, or Purchase Rulemaking With Respect to 
     Interactions Between Businesses, Governments, or Business and 
     Government.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General, in consultation 
     with the Commissioner of Social Security, the Chairman of the 
     Federal Trade Commission, and such other heads of Federal 
     agencies as the Attorney General determines appropriate, 
     shall conduct such rulemaking procedures in accordance with 
     subchapter II of chapter 5 of title 5, United States Code, as 
     are necessary to promulgate regulations to implement and 
     clarify the uses occurring as a result of an interaction 
     between businesses, governments, or business and government 
     (regardless of which entity initiates the interaction) 
     permitted under section 1028B(e)(5) of title 18, United 
     States Code (as added by section 3(a)(1)).
       (2) Factors to be considered.--In promulgating the 
     regulations required under paragraph (1), the Attorney 
     General shall, at a minimum, consider the following:
       (A) The benefit to a particular business, to customers of 
     the business, and to the general public of the display, sale, 
     or purchase of an individual's Social Security number.
       (B) The costs that businesses, customers of businesses, and 
     the general public may incur as a result of prohibitions on 
     the display, sale, or purchase of Social Security numbers.
       (C) The risk that a particular business practice will 
     promote the use of a Social Security number to commit fraud, 
     deception, or crime.
       (D) The presence of adequate safeguards, procedures, and 
     technologies to prevent--
       (i) misuse of Social Security numbers by employees within a 
     business; and
       (ii) misappropriation of Social Security numbers by the 
     general public, while permitting internal business uses of 
     such numbers.
       (E) The presence of procedures to prevent identity thieves, 
     stalkers, and other individuals with ill intent from posing 
     as legitimate businesses to obtain Social Security numbers.
       (F) The impact of such uses on privacy.

     SEC. 6. LIMITS ON PERSONAL DISCLOSURE OF A SOCIAL SECURITY 
                   NUMBER FOR CONSUMER TRANSACTIONS.

       (a) In General.--Part A of title XI of the Social Security 
     Act (42 U.S.C. 1301 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 1150A. LIMITS ON PERSONAL DISCLOSURE OF A SOCIAL 
                   SECURITY NUMBER FOR CONSUMER TRANSACTIONS.

       ``(a) In General.--A commercial entity may not require an 
     individual to provide the individual's Social Security number 
     when purchasing a commercial good or service or deny an 
     individual the good or service for refusing to provide that 
     number except--
       ``(1) for any purpose relating to--
       ``(A) obtaining a consumer report for any purpose permitted 
     under the Fair Credit Reporting Act;
       ``(B) a background check of the individual conducted by a 
     landlord, lessor, employer, voluntary service agency, or 
     other entity as determined by the Attorney General;
       ``(C) law enforcement; or
       ``(D) a Federal, State, or local law requirement; or
       ``(2) if the Social Security number is necessary to verify 
     the identity of the consumer to effect, administer, or 
     enforce the specific transaction requested or authorized by 
     the consumer, or to prevent fraud.
       ``(b) Application of Civil Money Penalties.--A violation of 
     this section shall be deemed to be a violation of section 
     1129(a)(3)(F).
       ``(c) Application of Criminal Penalties.--A violation of 
     this section shall be deemed to be a violation of section 
     208(a)(8).
       ``(d) Limitation on Class Actions.--No class action 
     alleging a violation of this section shall be maintained 
     under this section by an individual or any private party in 
     Federal or State court.
       ``(e) State Attorney General Enforcement.--
       ``(1) In general.--
       ``(A) Civil actions.--In any case in which the attorney 
     general of a State has reason to believe that an interest of 
     the residents of that State has been or is threatened or 
     adversely affected by the engagement of any person in a 
     practice that is prohibited under this section, the State, as 
     parens patriae, may bring a civil action on behalf of the 
     residents of the State in a district court of the United 
     States of appropriate jurisdiction to--
       ``(i) enjoin that practice;
       ``(ii) enforce compliance with such section;
       ``(iii) obtain damages, restitution, or other compensation 
     on behalf of residents of the State; or
       ``(iv) obtain such other relief as the court may consider 
     appropriate.
       ``(B) Notice.--
       ``(i) In general.--Before filing an action under 
     subparagraph (A), the attorney general of the State involved 
     shall provide to the Attorney General--

       ``(I) written notice of the action; and
       ``(II) a copy of the complaint for the action.

       ``(ii) Exemption.--

       ``(I) In general.--Clause (i) shall not apply with respect 
     to the filing of an action by an attorney general of a State 
     under this subsection, if the State attorney general 
     determines that it is not feasible to provide the notice 
     described in such subparagraph before the filing of the 
     action.
       ``(II) Notification.--With respect to an action described 
     in subclause (I), the attorney general of a State shall 
     provide notice and a copy of the complaint to the Attorney 
     General at the same time as the State attorney general files 
     the action.

       ``(2) Intervention.--
       ``(A) In general.--On receiving notice under paragraph 
     (1)(B), the Attorney General

[[Page S3820]]

     shall have the right to intervene in the action that is the 
     subject of the notice.
       ``(B) Effect of intervention.--If the Attorney General 
     intervenes in the action under paragraph (1), the Attorney 
     General shall have the right to be heard with respect to any 
     matter that arises in that action.
       ``(3) Construction.--For purposes of bringing any civil 
     action under paragraph (1), nothing in this section shall be 
     construed to prevent an attorney general of a State from 
     exercising the powers conferred on such attorney general by 
     the laws of that State to--
       ``(A) conduct investigations;
       ``(B) administer oaths or affirmations; or
       ``(C) compel the attendance of witnesses or the production 
     of documentary and other evidence.
       ``(4) Actions by the attorney general of the united 
     states.--In any case in which an action is instituted by or 
     on behalf of the Attorney General for violation of a practice 
     that is prohibited under this section, no State may, during 
     the pendency of that action, institute an action under 
     paragraph (1) against any defendant named in the complaint in 
     that action for violation of that practice.
       ``(5) Venue; service of process.--
       ``(A) Venue.--Any action brought under paragraph (1) may be 
     brought in the district court of the United States that meets 
     applicable requirements relating to venue under section 1391 
     of title 28, United States Code.
       ``(B) Service of process.--In an action brought under 
     paragraph (1), process may be served in any district in which 
     the defendant--
       ``(i) is an inhabitant; or
       ``(ii) may be found.
       ``(f) Sunset.--This section shall not apply on or after the 
     date that is 6 years after the effective date of this 
     section.''.
       (b) Evaluation and Report.--Not later than the date that is 
     6 years and 6 months after the date of enactment of this Act, 
     the Attorney General, in consultation with the chairman of 
     the Federal Trade Commission, shall issue a report evaluating 
     the effectiveness and efficiency of section 1150A of the 
     Social Security Act (as added by subsection (a)) and shall 
     make recommendations to Congress as to any legislative action 
     determined to be necessary or advisable with respect to such 
     section, including a recommendation regarding whether to 
     reauthorize such section.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall apply to requests to provide a Social Security number 
     occurring after the date that is 1 year after the date of 
     enactment of this Act.

     SEC. 7. EXTENSION OF CIVIL MONETARY PENALTIES FOR MISUSE OF A 
                   SOCIAL SECURITY NUMBER.

       (a) Treatment of Withholding of Material Facts.--
       (1) Civil penalties.--The first sentence of section 
     1129(a)(1) of the Social Security Act (42 U.S.C. 1320a-
     8(a)(1)) is amended--
       (A) by striking ``who'' and inserting ``who--'';
       (B) by striking ``makes'' and all that follows through 
     ``shall be subject to'' and inserting the following:
       ``(A) makes, or causes to be made, a statement or 
     representation of a material fact, for use in determining any 
     initial or continuing right to or the amount of monthly 
     insurance benefits under title II or benefits or payments 
     under title VIII or XVI, that the person knows or should know 
     is false or misleading;
       ``(B) makes such a statement or representation for such use 
     with knowing disregard for the truth; or
       ``(C) omits from a statement or representation for such 
     use, or otherwise withholds disclosure of, a fact which the 
     individual knows or should know is material to the 
     determination of any initial or continuing right to or the 
     amount of monthly insurance benefits under title II or 
     benefits or payments under title VIII or XVI and the 
     individual knows, or should know, that the statement or 
     representation with such omission is false or misleading or 
     that the withholding of such disclosure is misleading, shall 
     be subject to'';
       (C) by inserting ``or each receipt of such benefits while 
     withholding disclosure of such fact'' after ``each such 
     statement or representation'';
       (D) by inserting ``or because of such withholding of 
     disclosure of a material fact'' after ``because of such 
     statement or representation''; and
       (E) by inserting ``or such a withholding of disclosure'' 
     after ``such a statement or representation''.
       (2) Administrative procedure for imposing penalties.--The 
     first sentence of section 1129A(a) of the Social Security Act 
     (42 U.S.C. 1320a-8a(a)) is amended--
       (A) by striking ``who'' and inserting ``who--''; and
       (B) by striking ``makes'' and all that follows through 
     ``shall be subject to'' and inserting the following:
       ``(1) makes, or causes to be made, a statement or 
     representation of a material fact, for use in determining any 
     initial or continuing right to or the amount of monthly 
     insurance benefits under title II or benefits or payments 
     under title VIII or XVI, that the person knows or should know 
     is false or misleading;
       ``(2) makes such a statement or representation for such use 
     with knowing disregard for the truth; or
       ``(3) omits from a statement or representation for such 
     use, or otherwise withholds disclosure of, a fact which the 
     individual knows or should know is material to the 
     determination of any initial or continuing right to or the 
     amount of monthly insurance benefits under title II or 
     benefits or payments under title VIII or XVI and the 
     individual knows, or should know, that the statement or 
     representation with such omission is false or misleading or 
     that the withholding of such disclosure is misleading, shall 
     be subject to''.
       (b) Application of Civil Money Penalties to Elements of 
     Criminal Violations.--Section 1129(a) of the Social Security 
     Act (42 U.S.C. 1320a-8(a)), as amended by subsection (a)(1), 
     is amended--
       (1) by redesignating paragraph (2) as paragraph (4);
       (2) by redesignating the last sentence of paragraph (1) as 
     paragraph (2) and inserting such paragraph after paragraph 
     (1); and
       (3) by inserting after paragraph (2) (as so redesignated) 
     the following:
       ``(3) Any person (including an organization, agency, or 
     other entity) who--
       ``(A) uses a Social Security account number that such 
     person knows or should know has been assigned by the 
     Commissioner of Social Security (in an exercise of authority 
     under section 205(c)(2) to establish and maintain records) on 
     the basis of false information furnished to the Commissioner 
     by any person;
       ``(B) falsely represents a number to be the Social Security 
     account number assigned by the Commissioner of Social 
     Security to any individual, when such person knows or should 
     know that such number is not the Social Security account 
     number assigned by the Commissioner to such individual;
       ``(C) knowingly alters a Social Security card issued by the 
     Commissioner of Social Security, or possesses such a card 
     with intent to alter it;
       ``(D) knowingly displays, sells, or purchases a card that 
     is, or purports to be, a card issued by the Commissioner of 
     Social Security, or possesses such a card with intent to 
     display, purchase, or sell it;
       ``(E) counterfeits a Social Security card, or possesses a 
     counterfeit Social Security card with intent to display, 
     sell, or purchase it;
       ``(F) discloses, uses, compels the disclosure of, or 
     knowingly displays, sells, or purchases the Social Security 
     account number of any person in violation of the laws of the 
     United States;
       ``(G) with intent to deceive the Commissioner of Social 
     Security as to such person's true identity (or the true 
     identity of any other person) furnishes or causes to be 
     furnished false information to the Commissioner with respect 
     to any information required by the Commissioner in connection 
     with the establishment and maintenance of the records 
     provided for in section 205(c)(2);
       ``(H) offers, for a fee, to acquire for any individual, or 
     to assist in acquiring for any individual, an additional 
     Social Security account number or a number which purports to 
     be a Social Security account number; or
       ``(I) being an officer or employee of a Federal, State, or 
     local agency in possession of any individual's Social 
     Security account number, willfully acts or fails to act so as 
     to cause a violation by such agency of clause (vi)(II) or (x) 
     of section 205(c)(2)(C), shall be subject to, in addition to 
     any other penalties that may be prescribed by law, a civil 
     money penalty of not more than $5,000 for each violation. 
     Such person shall also be subject to an assessment, in lieu 
     of damages sustained by the United States resulting from such 
     violation, of not more than twice the amount of any benefits 
     or payments paid as a result of such violation.''.
       (c) Clarification of Treatment of Recovered Amounts.--
     Section 1129(e)(2)(B) of the Social Security Act (42 U.S.C. 
     1320a-8(e)(2)(B)) is amended by striking ``In the case of 
     amounts recovered arising out of a determination relating to 
     title VIII or XVI,'' and inserting ``In the case of any other 
     amounts recovered under this section,''.
       (d) Conforming Amendments.--
       (1) Section 1129(b)(3)(A) of the Social Security Act (42 
     U.S.C. 1320a-8(b)(3)(A)) is amended by striking ``charging 
     fraud or false statements''.
       (2) Section 1129(c)(1) of the Social Security Act (42 
     U.S.C. 1320a-8(c)(1)) is amended by striking ``and 
     representations'' and inserting ``, representations, or 
     actions''.
       (3) Section 1129(e)(1)(A) of the Social Security Act (42 
     U.S.C. 1320a-8(e)(1)(A)) is amended by striking ``statement 
     or representation referred to in subsection (a) was made'' 
     and inserting ``violation occurred''.
       (e) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply with respect to 
     violations of sections 1129 and 1129A of the Social Security 
     Act (42 U.S.C. 1320-8 and 1320a-8a), as amended by this 
     section, committed after the date of enactment of this Act.
       (2) Violations by government agents in possession of social 
     security numbers.--Section 1129(a)(3)(I) of the Social 
     Security Act (42 U.S.C. 1320a-8(a)(3)(I)), as added by 
     subsection (b), shall apply with respect to violations of 
     that section occurring on or after the effective date 
     described in section 3(c).
       (f) Repeal.--Section 201 of the Social Security Protection 
     Act of 2004 is repealed.

     SEC. 8. CRIMINAL PENALTIES FOR THE MISUSE OF A SOCIAL 
                   SECURITY NUMBER.

       (a) Prohibition of Wrongful Use as Personal Identification 
     Number.--No person may obtain any individual's Social 
     Security

[[Page S3821]]

     number for purposes of locating or identifying an individual 
     with the intent to physically injure, harm, or use the 
     identity of the individual for any illegal purpose.
       (b) Criminal Sanctions.--Section 208(a) of the Social 
     Security Act (42 U.S.C. 408(a)) is amended--
       (1) in paragraph (8), by inserting ``or'' after the 
     semicolon; and
       (2) by inserting after paragraph (8) the following:
       ``(9) except as provided in subsections (e) and (f) of 
     section 1028B of title 18, United States Code, knowingly and 
     willfully displays, sells, or purchases (as those terms are 
     defined in section 1028B(a) of title 18, United States Code) 
     any individual's Social Security account number without 
     having met the prerequisites for consent under section 
     1028B(d) of title 18, United States Code; or
       ``(10) obtains any individual's Social Security number for 
     the purpose of locating or identifying the individual with 
     the intent to injure or to harm that individual, or to use 
     the identity of that individual for an illegal purpose;''.

     SEC. 9. CIVIL ACTIONS AND CIVIL PENALTIES.

       (a) Civil Action in State Courts.--
       (1) In general.--Any individual aggrieved by an act of any 
     person in violation of this Act or any amendments made by 
     this Act may, if otherwise permitted by the laws or rules of 
     the court of a State, bring in an appropriate court of that 
     State--
       (A) an action to enjoin such violation;
       (B) an action to recover for actual monetary loss from such 
     a violation, or to receive up to $500 in damages for each 
     such violation, whichever is greater; or
       (C) both such actions.

     It shall be an affirmative defense in any action brought 
     under this paragraph that the defendant has established and 
     implemented, with due care, reasonable practices and 
     procedures to effectively prevent violations of the 
     regulations prescribed under this Act. If the court finds 
     that the defendant willfully or knowingly violated the 
     regulations prescribed under this subsection, the court may, 
     in its discretion, increase the amount of the award to an 
     amount equal to not more than 3 times the amount available 
     under subparagraph (B).
       (2) Statute of limitations.--An action may be commenced 
     under this subsection not later than the earlier of--
       (A) 5 years after the date on which the alleged violation 
     occurred; or
       (B) 3 years after the date on which the alleged violation 
     was or should have been reasonably discovered by the 
     aggrieved individual.
       (3) Nonexclusive remedy.--The remedy provided under this 
     subsection shall be in addition to any other remedies 
     available to the individual.
       (b) Civil Penalties.--
       (1) In general.--Any person who the Attorney General 
     determines has violated any section of this Act or of any 
     amendments made by this Act shall be subject, in addition to 
     any other penalties that may be prescribed by law--
       (A) to a civil penalty of not more than $5,000 for each 
     such violation; and
       (B) to a civil penalty of not more than $50,000, if the 
     violations have occurred with such frequency as to constitute 
     a general business practice.
       (2) Determination of violations.--Any willful violation 
     committed contemporaneously with respect to the Social 
     Security numbers of 2 or more individuals by means of mail, 
     telecommunication, or otherwise, shall be treated as a 
     separate violation with respect to each such individual.
       (3) Enforcement procedures.--The provisions of section 
     1128A of the Social Security Act (42 U.S.C. 1320a-7a), other 
     than subsections (a), (b), (f), (h), (i), (j), (m), and (n) 
     and the first sentence of subsection (c) of such section, and 
     the provisions of subsections (d) and (e) of section 205 of 
     such Act (42 U.S.C. 405) shall apply to a civil penalty 
     action under this subsection in the same manner as such 
     provisions apply to a penalty or proceeding under section 
     1128A(a) of such Act (42 U.S.C. 1320a-7a(a)), except that, 
     for purposes of this paragraph, any reference in section 
     1128A of such Act (42 U.S.C. 1320a-7a) to the Secretary shall 
     be deemed to be a reference to the Attorney General.

     SEC. 10. FEDERAL INJUNCTIVE AUTHORITY.

       In addition to any other enforcement authority conferred 
     under this Act or the amendments made by this Act, the 
     Federal Government shall have injunctive authority with 
     respect to any violation by a public entity of any provision 
     of this Act or of any amendments made by this Act.
                                 ______
                                 
      By Mr. SANDERS (for himself, Mr. Nelson of Florida, Mr. 
        Blumenthal, Mr. Merkley, Mr. Franken, and Mr. Whitehouse):
  S. 1200. A bill to require the Chairman of the Commodity Futures 
Trading Commission to impose unilaterally position limits and margin 
requirements to eliminate excessive oil speculation, and to take other 
actions to ensure that the price of crude oil, gasoline, diesel fuel, 
jet fuel, and heating oil accurately reflects the fundamentals of 
supply and demand, to remain in effect until the date on which the 
Commission establishes position limits to diminish, eliminate, or 
prevent excessive speculation as required by title VII of the Dodd-
Frank Wall Street Reform and Consumer Protection Act, and for other 
purposes; to the Committee on Agriculture, Nutrition, and Forestry.
  Mr. SANDERS. Mr. President, I think every American understands that 
the very high price of oil and gas is having a very negative impact on 
our fragile economic recovery. Also, in rural States, such as Vermont, 
Montana, and other rural States, it is wreaking real hardship on 
working people who in many cases drive long distances to work. In 
Vermont certainly, it is not uncommon for people to be driving 50 miles 
to their job and 50 miles back. When the price of gas gets to be $3.80 
a gallon or $4 a gallon, it really hurts. When wages are stagnant, when 
many people have seen a decline in their paychecks, high gas prices 
have just taken another chunk out of their limited income. It is 
something that as a Congress we have to address.
  The price of oil today, while declining somewhat in recent weeks, is 
still over $97 a barrel. In Vermont, it is over $3.80 a gallon at the 
pump. The theory behind the setting of oil prices that we learned in 
high school is that oil prices are set by supply and demand. When there 
is limited supply and a lot of demand, oil prices go up. When there is 
a lot of supply and limited demand, oil prices should go down.
  So let's be clear: The fact is today there is more supply than there 
was 2 years ago, today there is less demand than there was 2 years ago; 
therefore, oil prices should be substantially lower than was the case 2 
years ago. The fact, however, is just the opposite. In Vermont today, 
gas prices are $3.80 a gallon. Two years ago, they were approximately 
$2.44 a gallon. So the explanation of supply and demand in terms of why 
oil prices have soared just does not carry any weight.
  While we cannot ignore the fact that big oil companies have been 
gouging consumers at the pump for years and have made almost $1 
trillion in profits over the past decade, there is mounting evidence 
that the increased price of gasoline and oil has nothing to do with 
supply and demand and everything to do with Wall Street speculators who 
are dominating the oil futures market and driving prices up, up, and 
up. Ten years ago, speculators only controlled about 30 percent of that 
market. Today, Wall Street speculators control over 80 percent--over 80 
percent--of the oil futures market, and many of them will never use one 
drop of that oil. So we are not talking about airlines that use gas and 
oil. We are not talking about trucking companies. We are not talking 
about home heating companies. We are talking about speculators whose 
only function in this entire process is to make as much money as they 
can by raising prices and then selling.
  This is not just Senator Bernie Sanders making this point. Let me 
quote from a June 2 article from the Wall Street Journal:

       Wall Street is tapping a real gusher in 2011, as heightened 
     volatility and higher prices of oil and other raw materials 
     boost banks' profits . . . by 55 percent in the first 
     quarter.

  Banks' profits are soaring as a result of oil speculation. That is 
the fact. It is not just the Wall Street Journal. The CEO of 
ExxonMobil, Rex Tillerson, in response to a question at a recent Senate 
hearing, estimated that speculation was driving up the price of a 
barrel of oil by as much as 40 percent. That is the CEO of ExxonMobil. 
He might know something about that issue.
  The general counsel of Delta Airlines--a major consumer of fuel--Ben 
Hirst, and the experts at Goldman Sachs have all said that excessive 
speculation is causing oil prices to spike by 20 to 40 percent.
  Even Saudi Arabia, the largest exporter of oil in the world, told the 
Bush administration back in 2008--when the Bush administration went to 
them and said: We need to drive prices down. Produce more oil. Sell 
more oil--they said that is not the problem. Saudi Arabia said: We have 
all the oil we need. The problem is speculation. And they estimated 
that speculation could result in about $40 a barrel.
  In other words, the same Wall Street speculators who caused the worst 
financial crisis since the 1930s through their greed, recklessness, and 
illegal behavior are back at it again, and this time they are ripping 
off the American people by gambling that the price of oil

[[Page S3822]]

and gas will continue to go up and up and in that process are driving 
the price of gas and oil up and up.
  Sadly--and this is the important point--this spike in oil and 
gasoline prices was entirely avoidable. This was avoidable. The Wall 
Street Reform Act that we passed last year, the Dodd-Frank legislation, 
required--underline ``required''--the Commodity Futures Trading 
Commission to impose strict limits on the amount of oil Wall Street 
speculators could trade in the energy futures market by January 17 of 
this year.
  We passed legislation that said to the Commodity Futures Trading 
Commission: You have to impose rules by January 17 with strict limits 
on excessive oil speculation.
  Mr. President, 6 months have come and gone. They have not done what 
they were required to do.
  Almost 5 months later, the CFTC has still not imposed those 
speculation requirements. In other words, the chief regulator on oil 
speculation is clearly breaking the law and is not doing what he is 
supposed to be doing.
  Last month I held a meeting in my office with Mr. Gary Gensler, who 
is the Chairman of the CFTC, and six other Senators. I have to tell you 
that I was extremely disappointed in both the tone of that meeting and 
the complete lack of urgency at the CFTC with respect to cracking down 
on oil speculators as required by the law.
  Therefore, today I have introduced legislation, along with Senators 
Blumenthal, Merkley, Franken, Whitehouse, and Bill Nelson to end 
excessive speculation once and for all--once and for all. The American 
people cannot continue to be ripped off by Wall Street which is 
artificially driving up the price of oil and gas.
  I am very pleased to also announce that Congressman Maurice Hinchey 
will be introducing this legislation in the House. This legislation 
mandates that the Chairman of the CFTC take immediate action to 
eliminate excessive oil speculation within 2 weeks--2 weeks.
  One. Our bill requires the Chairman to establish speculative oil 
position limits equal to the position accountability levels that have 
been in place at the New York Mercantile Exchange since 2001.
  Two. This bill requires the Chairman of the CFTC to double the margin 
requirements on speculative oil trading so that Wall Street investment 
banks back their bets with real capital.
  Three. Under this bill, Goldman Sachs, Morgan Stanley, and other Wall 
Street investment banks engaged in proprietary oil trading would be 
classified as speculators instead of bona fide hedgers.
  Four. The Chairman of the CFTC would be required under this bill to 
take any other action necessary to eliminate excessive speculation and 
ensure that the price of oil accurately reflects the fundamentals of 
supply and demand.
  I am pleased to announce that this legislation already has the 
support of a very diverse group of organizations representing small 
businesses, fuel dealers, consumers, workers, airlines, and farmers. 
Some of those organizations are: Americans for Financial Reform; the 
Consumer Federation of America; Delta Airlines; the Gasoline and 
Automotive Service Dealers of America; the International Brotherhood of 
Teamsters; the Main Street Alliance; the National Farmers Union; New 
England Fuel Institute; Public Citizen; and the Vermont Fuel Dealers 
Association. This is just a few.
  I want to thank all of those organizations for their support. The 
American people are sick and tired of being ripped off at the gas pump. 
People in the northern States, whether it is Vermont or Minnesota, 
worry about what the price of home heating oil will be next winter. 
What we are seeing now in terms of excessively high oil and gas prices 
has nothing to do with supply and demand and everything to do with Wall 
Street speculation.
  This Congress has told the CFTC to act. They have failed to act. Now 
is the time for us to tell them exactly what must happen.
                                 ______
                                 
      By Mr. LIEBERMAN (for himself, Mr. Crapo, Mr. Tester, Mr. 
        Bingaman, Ms. Murkowski, Mr. Whitehouse, Mr. Begich, Mr. 
        Cardin, and Mr. Udall of Colorado:
  S. 1201. A bill to conserve fish and aquatic communities in the 
United States through partnerships that foster fish habitat 
conservation, to improve the quality of life for the people of the 
United States, and for other purposes; to the Committee on Environment 
and Public Works.
  Mr. LIEBERMAN. Mr. President, I rise to speak about the National Fish 
Habitat Conservation Act, which I am introducing today along with my 
colleagues Senators Crapo, Tester, Bingaman, Murkowski, Whitehouse, 
Begich, Cardin, and Mark Udall. This legislation would establish the 
most comprehensive effort ever attempted to treat the causes of fish 
habitat decline.
  Healthy waterways and robust fish populations are vital to the well-
being of our society and are a staple in many cultures throughout the 
United States. This bill will help provide clean water and sustainable 
fisheries in this country and provide recreational value to those who 
fish wild waters or canoe tranquil streams. This means more 
recreational fishing opportunity, which translates into more jobs and 
economic output. Currently, recreational fishing supports approximately 
one million jobs and $45 billion in direct expenditures. Today, nearly 
half, 40 percent, of our fish populations are in decline, over 700 
species in total, and 50 percent of our Nation's waters are impaired. 
Unless we act in an informed and coordinated fashion, fish habitats 
will continue to be lost at a rapid pace. This bill is about better 
habitat, better recreational fishing opportunity as well as a better 
economy.
  Currently, our Nation's efforts to address threats to fish species 
are often highly disjointed and not extensive enough to reverse this 
downward trend. Under the National Fish Habitat Conservation Act, 
Federal Government agencies, State and local governments, conservation 
groups, fishing industry groups and related businesses will work 
together collectively for the first time to conserve and protect 
aquatic habitats critical to our Nation. The National Fish Habitat 
Conservation Act will also provide people with clean and safe water 
supplies and improve ecosystems through habitat conservation projects 
that remediate problems on our waterways, including erosion, drainage 
issues and flooding.
  This legislation leverages Federal, State, and private funds to build 
regional partnerships aimed at addressing the Nation's biggest aquatic 
habitat problems. By directing critical resources towards this cause 
through partnerships, we can foster fish habitat conservation efforts 
and improve the quality of life for all Americans. Using a bottom-up 
approach, the goal of this effort is to foster landscape scale, multi-
state aquatic habitat improvements across the country that perpetuate 
not only fishery resources but the tradition of recreational fishing, 
which is enjoyed by many Americans, spanning many generations. Over 40 
million anglers utilize our waterways on a yearly basis, generating $45 
billion dollars in retail sales for the industry nationwide. That 
figure does not even include Americans who utilize our waterways for 
other recreational purposes.
  The National Fish Habitat Conservation Act authorizes grants to be 
directed toward fish habitat projects that are supported by regional 
Fish Habitat Partnerships. Based on the highly successful North 
American Wetlands Conservation Act model, this legislation establishes 
a multi-stakeholder National Fish Habitat Board charged with 
recommending projects to the Secretary of Interior for assistance. 
Regional Fish Habitat Partnerships are responsible for implementing 
approved on-the-ground projects that are designed to protect, restore 
and enhance fish habitats and fish populations.
  The National Fish Habitat Conservation Act lays the foundation for a 
new paradigm of how to care for fish habitats, displaying why they 
should be restored and protected. This bill will bring together all of 
the different groups that have a stake in the health and productivity 
of our Nation's fish habitats and I look forward to working with my 
colleagues to pass this important legislation and reverse the decline 
of our ailing waterways and fisheries.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

[[Page S3823]]

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

                                S. 1201

       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 ``National 
     Fish Habitat Conservation Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purpose.
Sec. 3. Definitions.
Sec. 4. National Fish Habitat Board.
Sec. 5. Fish habitat partnerships.
Sec. 6. Fish habitat conservation projects.
Sec. 7. National Fish Habitat Conservation Partnership Office.
Sec. 8. Technical and scientific assistance.
Sec. 9. Conservation of aquatic habitat for fish and other aquatic 
              organisms on Federal land.
Sec. 10. Coordination with States and Indian tribes.
Sec. 11. Accountability and reporting.
Sec. 12. Regulations.
Sec. 13. Effect of Act.
Sec. 14. Nonapplicability of Federal Advisory Committee Act.
Sec. 15. Funding.

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) healthy populations of fish and other aquatic organisms 
     depend on the conservation, protection, restoration, and 
     enhancement of aquatic habitats in the United States;
       (2) aquatic habitats (including wetlands, streams, rivers, 
     lakes, estuaries, coastal and marine ecosystems, and 
     associated riparian upland habitats that buffer those areas 
     from external factors) perform numerous valuable 
     environmental functions that sustain environmental, social, 
     and cultural values, including recycling nutrients, purifying 
     water, attenuating floods, augmenting and maintaining stream 
     flows, recharging ground water, acting as primary producers 
     in the food chain, and providing essential and significant 
     habitat for plants, fish, wildlife, and other dependent 
     species;
       (3) the extensive and diverse aquatic habitat resources of 
     the United States are of enormous significance to the economy 
     of the United States, providing--
       (A) recreation for 44,000,000 anglers;
       (B) more than 1,000,000 jobs and approximately 
     $125,000,000,000 in economic impact each year relating to 
     recreational fishing; and
       (C) approximately 500,000 jobs and an additional 
     $35,000,000,000 in economic impact each year relating to 
     commercial fishing;
       (4) at least 40 percent of all threatened species and 
     endangered species in the United States are directly 
     dependent on aquatic habitats;
       (5) certain fish species are considered to be ecological 
     indicators of aquatic habitat quality, such that the presence 
     of those species in an aquatic ecosystem reflects high-
     quality habitat for other fish;
       (6) loss and degradation of aquatic habitat, riparian 
     habitat, water quality, and water volume caused by activities 
     such as alteration of watercourses, stream blockages, water 
     withdrawals and diversions, erosion, pollution, 
     sedimentation, and destruction or modification of wetlands 
     have--
       (A) caused significant declines in fish populations 
     throughout the United States, especially declines in native 
     fish populations; and
       (B) resulted in economic losses to the United States;
       (7)(A) providing for the conservation and sustainability of 
     fish and other aquatic organisms has not been fully realized, 
     despite federally funded fish and wildlife restoration 
     programs and other activities intended to conserve aquatic 
     resources; and
       (B) that conservation and sustainability may be 
     significantly advanced through a renewed commitment and 
     sustained, cooperative efforts that are complementary to 
     existing fish and wildlife restoration programs and clean 
     water programs;
       (8) the National Fish Habitat Action Plan provides a 
     framework for maintaining and restoring aquatic habitats to 
     ensure perpetuation of populations of fish and other aquatic 
     organisms;
       (9) the United States can achieve significant progress 
     toward providing aquatic habitats for the conservation and 
     restoration of fish and other aquatic organisms through a 
     voluntary, nonregulatory incentive program that is based on 
     technical and financial assistance provided by the Federal 
     Government;
       (10) the creation of partnerships between local citizens, 
     Indian tribes, Alaska Native organizations, corporations, 
     nongovernmental organizations, and Federal, State, and tribal 
     agencies is critical to the success of activities to restore 
     aquatic habitats and ecosystems;
       (11) the Federal Government has numerous regulatory and 
     land and water management agencies that are critical to the 
     implementation of the National Fish Habitat Action Plan, 
     including--
       (A) the United States Fish and Wildlife Service;
       (B) the Bureau of Land Management;
       (C) the National Park Service;
       (D) the Bureau of Reclamation;
       (E) the Bureau of Indian Affairs;
       (F) the National Marine Fisheries Service;
       (G) the Forest Service;
       (H) the Natural Resources Conservation Service; and
       (I) the Environmental Protection Agency;
       (12) the United States Fish and Wildlife Service, the 
     Forest Service, the Bureau of Land Management, and the 
     National Marine Fisheries Service each play a vital role in--
       (A) the protection, restoration, and enhancement of the 
     fish communities and aquatic habitats in the United States; 
     and
       (B) the development, operation, and long-term success of 
     fish habitat partnerships and project implementation;
       (13) the United States Geological Survey, the United States 
     Fish and Wildlife Service, and the National Marine Fisheries 
     Service each play a vital role in scientific evaluation, data 
     collection, and mapping for fishery resources in the United 
     States;
       (14) the State and territorial fish and wildlife agencies 
     play a vital role in --
       (A) the protection, restoration, and enhancement of the 
     fish communities and aquatic habitats in the respective 
     States and territories; and
       (B) the development, operation, and long-term success of 
     fish habitat partnerships and project implementation; and
       (15) many of the programs for conservation on private 
     farmland, ranchland, and forestland that are carried out by 
     the Secretary of Agriculture, including the Natural Resources 
     Conservation Service and the State and Private Forestry 
     programs of the Forest Service, are able to significantly 
     contribute to the implementation of the National Fish Habitat 
     Action Plan through the engagement of private landowners.
       (b) Purpose.--The purpose of this Act is to encourage 
     partnerships among public agencies and other interested 
     parties consistent with the mission and goals of the National 
     Fish Habitat Action Plan--
       (1) to protect and maintain intact and healthy aquatic 
     habitats;
       (2) to prevent further degradation of aquatic habitats that 
     have been adversely affected;
       (3) to reverse declines in the quality and quantity of 
     aquatic habitats to improve the overall health of fish and 
     other aquatic organisms;
       (4) to increase the quality and quantity of aquatic 
     habitats that support a broad natural diversity of fish and 
     other aquatic species;
       (5) to improve fisheries habitat in a manner that leads to 
     improvement of the annual economic output from recreational, 
     subsistence, and commercial fishing;
       (6) to ensure coordination and facilitation of activities 
     carried out by Federal departments and agencies under the 
     leadership of--
       (A) the Director of the United States Fish and Wildlife 
     Service;
       (B) the Assistant Administrator for Fisheries of the 
     National Oceanic and Atmospheric Administration; and
       (C) the Director of the United States Geological Survey; 
     and
       (7) to achieve other purposes in accordance with the 
     mission and goals of the National Fish Habitat Action Plan.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Environment and Public Works of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Aquatic habitat.--
       (A) In general.--The term ``aquatic habitat'' means any 
     area on which an aquatic organism depends, directly or 
     indirectly, to carry out the life processes of the organism, 
     including an area used by the organism for spawning, 
     incubation, nursery, rearing, growth to maturity, food 
     supply, or migration.
       (B) Inclusions.--The term ``aquatic habitat'' includes an 
     area adjacent to an aquatic environment, if the adjacent 
     area--
       (i) contributes an element, such as the input of detrital 
     material or the promotion of a planktonic or insect 
     population providing food, that makes fish life possible;
       (ii) protects the quality and quantity of water sources;
       (iii) provides public access for the use of fishery 
     resources; or
       (iv) serves as a buffer protecting the aquatic environment.
       (3) Assistant administrator.--The term ``Assistant 
     Administrator'' means the Assistant Administrator for 
     Fisheries of the National Oceanic and Atmospheric 
     Administration.
       (4) Board.--The term ``Board'' means the National Fish 
     Habitat Board established by section 4(a)(1).
       (5) Conservation; conserve; manage; management.--The terms 
     ``conservation'', ``conserve'', ``manage'', and 
     ``management'' mean to protect, sustain, and, where 
     appropriate, restore and enhance, using methods and 
     procedures associated with modern scientific resource 
     programs (including protection, research, census, law 
     enforcement, habitat management, propagation, live trapping 
     and transplantation, and regulated taking)--
       (A) a healthy population of fish, wildlife, or plant life;
       (B) a habitat required to sustain fish, wildlife, or plant 
     life; or

[[Page S3824]]

       (C) a habitat required to sustain fish, wildlife, or plant 
     life productivity.
       (6) Director.--The term ``Director'' means the Director of 
     the United States Fish and Wildlife Service.
       (7) Fish.--
       (A) In general.--The term ``fish'' means any freshwater, 
     diadromous, estuarine, or marine finfish or shellfish.
       (B) Inclusions.--The term ``fish'' includes the egg, spawn, 
     spat, larval, and other juvenile stages of an organism 
     described in subparagraph (A).
       (8) Fish habitat conservation project.--
       (A) In general.--The term ``fish habitat conservation 
     project'' means a project that--
       (i) is submitted to the Board by a Partnership and approved 
     by the Secretary under section 6; and
       (ii) provides for the conservation or management of an 
     aquatic habitat.
       (B) Inclusions.--The term ``fish habitat conservation 
     project'' includes--
       (i) the provision of technical assistance to a State, 
     Indian tribe, or local community by the National Fish Habitat 
     Conservation Partnership Office or any other agency to 
     facilitate the development of strategies and priorities for 
     the conservation of aquatic habitats; or
       (ii) the obtaining of a real property interest in land or 
     water, including water rights, in accordance with terms and 
     conditions that ensure that the real property will be 
     administered for the long-term conservation of--

       (I) the land or water; and
       (II) the fish dependent on the land or water.

       (9) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (10) National fish habitat action plan.--The term 
     ``National Fish Habitat Action Plan'' means the National Fish 
     Habitat Action Plan dated April 24, 2006, and any subsequent 
     revisions or amendments to that plan.
       (11) Partnership.--The term ``Partnership'' means an entity 
     designated by the Board as a Fish Habitat Conservation 
     Partnership pursuant to section 5(a).
       (12) Real property interest.--The term ``real property 
     interest'' means an ownership interest in--
       (A) land;
       (B) water (including water rights); or
       (C) a building or object that is permanently affixed to 
     land.
       (13) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (14) State agency.--The term ``State agency'' means--
       (A) the fish and wildlife agency of a State;
       (B) any department or division of a department or agency of 
     a State that manages in the public trust the inland or marine 
     fishery resources or the habitat for those fishery resources 
     of the State pursuant to State law or the constitution of the 
     State; or
       (C) the fish and wildlife agency of the Commonwealth of 
     Puerto Rico, Guam, the Virgin Islands, or any other territory 
     or possession of the United States.

     SEC. 4. NATIONAL FISH HABITAT BOARD.

       (a) Establishment.--
       (1) In general.--There is established a board, to be known 
     as the ``National Fish Habitat Board''--
       (A) to promote, oversee, and coordinate the implementation 
     of this Act and the National Fish Habitat Action Plan;
       (B) to establish national goals and priorities for aquatic 
     habitat conservation;
       (C) to designate Partnerships; and
       (D) to review and make recommendations regarding fish 
     habitat conservation projects.
       (2) Membership.--The Board shall be composed of 27 members, 
     of whom--
       (A) 1 shall be the Director;
       (B) 1 shall be the Assistant Administrator;
       (C) 1 shall be the Chief of the Natural Resources 
     Conservation Service;
       (D) 1 shall be the Chief of the Forest Service;
       (E) 1 shall be the Assistant Administrator for Water of the 
     Environmental Protection Agency;
       (F) 1 shall be the President of the Association of Fish and 
     Wildlife Agencies;
       (G) 1 shall be the Secretary of the Board of Directors of 
     the National Fish and Wildlife Foundation appointed pursuant 
     to section 3(g)(2)(B) of the National Fish and Wildlife 
     Foundation Establishment Act (16 U.S.C. 3702(g)(2)(B));
       (H) 4 shall be representatives of State agencies, 1 of whom 
     shall be nominated by a regional association of fish and 
     wildlife agencies from each of the Northeast, Southeast, 
     Midwest, and Western regions of the United States;
       (I) 1 shall be a representative of the American Fisheries 
     Society;
       (J) 2 shall be representatives of Indian tribes, of whom--
       (i) 1 shall represent Indian tribes from the State of 
     Alaska; and
       (ii) 1 shall represent Indian tribes from the other States;
       (K) 1 shall be a representative of the Regional Fishery 
     Management Councils established under section 302 of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1852);
       (L) 1 shall be a representative of the Marine Fisheries 
     Commissions, which is composed of--
       (i) the Atlantic States Marine Fisheries Commission;
       (ii) the Gulf States Marine Fisheries Commission; and
       (iii) the Pacific States Marine Fisheries Commission;
       (M) 1 shall be a representative of the Sportfishing and 
     Boating Partnership Council; and
       (N) 10 shall be representatives selected from each of the 
     following groups:
       (i) The recreational sportfishing industry.
       (ii) The commercial fishing industry.
       (iii) Marine recreational anglers.
       (iv) Freshwater recreational anglers.
       (v) Terrestrial resource conservation organizations.
       (vi) Aquatic resource conservation organizations.
       (vii) The livestock and poultry production industry.
       (viii) The land development industry.
       (ix) The row crop industry.
       (x) Natural resource commodity interests, such as petroleum 
     or mineral extraction.
       (3) Compensation.--A member of the Board shall serve 
     without compensation.
       (4) Travel expenses.--A member of the Board shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the Board.
       (b) Appointment and Terms.--
       (1) In general.--Except as otherwise provided in this 
     subsection, a member of the Board described in any of 
     subparagraphs (H) through (N) of subsection (a)(2) shall 
     serve for a term of 3 years.
       (2) Initial board membership.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the representatives of the board 
     established by the National Fish Habitat Action Plan shall 
     appoint the initial members of the Board described in 
     subparagraphs (H) through (I) and (K) through (N) of 
     subsection (a)(2).
       (B) Tribal representatives.--Not later than 180 days after 
     the enactment of this Act, the Secretary shall provide to the 
     board established by the National Fish Habitat Action Plan a 
     recommendation of not less than 4 tribal representatives, 
     from which that board shall appoint 2 representatives 
     pursuant to subparagraph (J) of subsection (a)(2).
       (3) Transitional terms.--Of the members described in 
     subsection (a)(2)(N) initially appointed to the Board--
       (A) 4 shall be appointed for a term of 1 year;
       (B) 4 shall be appointed for a term of 2 years; and
       (C) 3 shall be appointed for a term of 3 years.
       (4) Vacancies.--
       (A) In general.--A vacancy of a member of the Board 
     described in any of subparagraphs (H) through (I) or (K) 
     through (N) of subsection (a)(2) shall be filled by an 
     appointment made by the remaining members of the Board.
       (B) Tribal representatives.--Following a vacancy of a 
     member of the Board described in subparagraph (J) of 
     subsection (a)(2), the Secretary shall recommend to the Board 
     not less than 4 tribal representatives, from which the 
     remaining members of the Board shall appoint a representative 
     to fill the vacancy.
       (5) Continuation of service.--An individual whose term of 
     service as a member of the Board expires may continue to 
     serve on the Board until a successor is appointed.
       (6) Removal.--If a member of the Board described in any of 
     subparagraphs (H) through (N) of subsection (a)(2) misses 3 
     consecutive regularly scheduled Board meetings, the members 
     of the Board may--
       (A) vote to remove that member; and
       (B) appoint another individual in accordance with paragraph 
     (4).
       (c) Chairperson.--
       (1) In general.--The Board shall elect a member of the 
     Board to serve as Chairperson of the Board.
       (2) Term.--The Chairperson of the Board shall serve for a 
     term of 3 years.
       (d) Meetings.--
       (1) In general.--The Board shall meet--
       (A) at the call of the Chairperson; but
       (B) not less frequently than twice each calendar year.
       (2) Public access.--All meetings of the Board shall be open 
     to the public.
       (e) Procedures.--
       (1) In general.--The Board shall establish procedures to 
     carry out the business of the Board, including--
       (A) a requirement that a quorum of the members of the Board 
     be present to transact business;
       (B) a requirement that no recommendations may be adopted by 
     the Board, except by the vote of \2/3\ of all members present 
     and voting;
       (C) procedures for establishing national goals and 
     priorities for aquatic habitat conservation for the purposes 
     of this Act;
       (D) procedures for designating Partnerships under section 
     5; and
       (E) procedures for reviewing, evaluating, and making 
     recommendations regarding fish habitat conservation projects.
       (2) Quorum.--A majority of the members of the Board shall 
     constitute a quorum.

     SEC. 5. FISH HABITAT PARTNERSHIPS.

       (a) Authority To Designate.--The Board may designate Fish 
     Habitat Partnerships in accordance with this section.
       (b) Purposes.--The purposes of a Partnership shall be--

[[Page S3825]]

       (1) to coordinate the implementation of the National Fish 
     Habitat Action Plan at a regional level;
       (2) to identify strategic priorities for fish habitat 
     conservation;
       (3) to recommend to the Board fish habitat conservation 
     projects that address a strategic priority of the Board; and
       (4) to develop and carry out fish habitat conservation 
     projects.
       (c) Applications.--An entity seeking to be designated as a 
     Partnership shall submit to the Board an application at such 
     time, in such manner, and containing such information as the 
     Board may reasonably require.
       (d) Approval.--The Board may approve an application for a 
     Partnership submitted under subsection (c) if the Board 
     determines that the applicant--
       (1) includes representatives of a diverse group of public 
     and private partners, including Federal, State, or local 
     governments, nonprofit entities, Indian tribes, and private 
     individuals, that are focused on conservation of aquatic 
     habitats to achieve results across jurisdictional boundaries 
     on public and private land;
       (2) is organized to promote the health of important aquatic 
     habitats and distinct geographical areas, keystone fish 
     species, or system types, including reservoirs, natural 
     lakes, coastal and marine environments, and estuaries;
       (3) identifies strategic fish and aquatic habitat 
     priorities for the Partnership area in the form of 
     geographical focus areas or key stressors or impairments to 
     facilitate strategic planning and decisionmaking;
       (4) is able to address issues and priorities on a 
     nationally significant scale;
       (5) includes a governance structure that--
       (A) reflects the range of all partners; and
       (B) promotes joint strategic planning and decisionmaking by 
     the applicant;
       (6) demonstrates completion of, or significant progress 
     toward the development of, a strategic plan to address the 
     causes of system decline in fish populations, rather than 
     simply treating symptoms in accordance with the National Fish 
     Habitat Action Plan; and
       (7) ensures collaboration in developing a strategic vision 
     and implementation program that is scientifically sound and 
     achievable.

     SEC. 6. FISH HABITAT CONSERVATION PROJECTS.

       (a) Submission to Board.--Not later than March 31 of each 
     calendar year, each Partnership shall submit to the Board a 
     list of fish habitat conservation projects recommended by the 
     Partnership for annual funding under this Act.
       (b) Recommendations by Board.--Not later than July 1 of 
     each calendar year, the Board shall submit to the Secretary a 
     description, including estimated costs, of each fish habitat 
     conservation project that the Board recommends that the 
     Secretary approve and fund under this Act, in order of 
     priority, for the following fiscal year.
       (c) Considerations.--The Board shall select each fish 
     habitat conservation project to be recommended to the 
     Secretary under subsection (b)--
       (1) based on a recommendation of the Partnership that is, 
     or will be, participating actively in carrying out the fish 
     habitat conservation project; and
       (2) after taking into consideration--
       (A) the extent to which the fish habitat conservation 
     project fulfills a purpose of this Act or a goal of the 
     National Fish Habitat Action Plan;
       (B) the extent to which the fish habitat conservation 
     project addresses the national priorities established by the 
     Board;
       (C) the availability of sufficient non-Federal funds to 
     match Federal contributions for the fish habitat conservation 
     project, as required by subsection (e);
       (D) the extent to which the fish habitat conservation 
     project--
       (i) increases fishing opportunities for the public;
       (ii) will be carried out through a cooperative agreement 
     among Federal, State, and local governments, Indian tribes, 
     and private entities;
       (iii) increases public access to land or water;
       (iv) advances the conservation of fish and wildlife species 
     that are listed, or are candidates to be listed, as 
     threatened species or endangered species under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.);
       (v) where appropriate, advances the conservation of fish 
     and fish habitats under the Magnuson-Stevens Act (16 U.S.C. 
     1801 et seq.) and other relevant Federal law and State 
     wildlife action plans; and
       (vi) promotes resilience such that desired biological 
     communities are able to persist and adapt to environmental 
     stressors such as climate change; and
       (E) the substantiality of the character and design of the 
     fish habitat conservation project.
       (d) Limitations.--
       (1) Requirements for evaluation.--No fish habitat 
     conservation project may be recommended by the Board under 
     subsection (b) or provided financial assistance under this 
     Act unless the fish habitat conservation project includes an 
     evaluation plan designed--
       (A) to appropriately assess the biological, ecological, or 
     other results of the habitat protection, restoration, or 
     enhancement activities carried out using the assistance;
       (B) to reflect appropriate changes to the fish habitat 
     conservation project if the assessment substantiates that the 
     fish habitat conservation project objectives are not being 
     met; and
       (C) to require the submission to the Board of a report 
     describing the findings of the assessment.
       (2) Acquisition of real property interests.--
       (A) In general.--No fish habitat conservation project that 
     will result in the acquisition by the State, local 
     government, or other non-Federal entity, in whole or in part, 
     of any real property interest may be recommended by the Board 
     under subsection (b) or provided financial assistance under 
     this Act unless the project meets the requirements of 
     subparagraph (B).
       (B) Requirements.--
       (i) In general.--A real property interest may not be 
     acquired pursuant to a fish habitat conservation project by a 
     State, public agency, or other non-Federal entity unless the 
     State, agency, or other non-Federal entity is obligated to 
     undertake the management of the property being acquired in 
     accordance with the purposes of this Act.
       (ii) Additional conditions.--Any real property interest 
     acquired by a State, local government, or other non-Federal 
     entity pursuant to a fish habitat conservation project shall 
     be subject to terms and conditions that ensure that the 
     interest will be administered for the long-term conservation 
     and management of the aquatic ecosystem and the fish and 
     wildlife dependent on that ecosystem.
       (e) Non-Federal Contributions.--
       (1) In general.--Except as provided in paragraph (2), no 
     fish habitat conservation project may be recommended by the 
     Board under subsection (b) or provided financial assistance 
     under this Act unless at least 50 percent of the cost of the 
     fish habitat conservation project will be funded with non-
     Federal funds.
       (2) Projects on federal land or water.--Notwithstanding 
     paragraph (1), Federal funds may be used for payment of 100 
     percent of the costs of a fish habitat conservation project 
     located on Federal land or water.
       (3) Non-federal share.--The non-Federal share of the cost 
     of a fish habitat conservation project--
       (A) may not be derived from a Federal grant program; but
       (B) may include in-kind contributions and cash.
       (4) Special rule for indian tribes.--Notwithstanding 
     paragraph (1) or any other provision of law, any funds made 
     available to an Indian tribe pursuant to this Act may be 
     considered to be non-Federal funds for the purpose of 
     paragraph (1).
       (f) Approval.--
       (1) In general.--Not later than 180 days after the date of 
     receipt of the recommendations of the Board for fish habitat 
     conservation projects under subsection (b), and based, to the 
     maximum extent practicable, on the criteria described in 
     subsection (c)--
       (A) the Secretary shall approve, reject, or reorder the 
     priority of any fish habitat conservation project recommended 
     by the Board that is not within a marine or estuarine 
     habitat; and
       (B) the Secretary and the Secretary of Commerce shall 
     jointly approve, reject, or reorder the priority of any fish 
     habitat conservation project recommended by the Board that is 
     within a marine or estuarine habitat.
       (2) Funding.--If the Secretary, or the Secretary and the 
     Secretary of Commerce jointly, approves a fish habitat 
     conservation project under paragraph (1), the Secretary, or 
     the Secretary and the Secretary of Commerce jointly, shall 
     use amounts made available to carry out this Act to provide 
     funds to carry out the fish habitat conservation project.
       (3) Notification.--If the Secretary, or the Secretary and 
     the Secretary of Commerce jointly, rejects or reorders the 
     priority of any fish habitat conservation project recommended 
     by the Board under subsection (b), the Secretary, or the 
     Secretary and the Secretary of Commerce jointly, shall 
     provide to the Board and the appropriate Partnership a 
     written statement of the reasons that the Secretary, or the 
     Secretary and the Secretary of Commerce jointly, rejected or 
     modified the priority of the fish habitat conservation 
     project.
       (4) Limitation.--If the Secretary, or the Secretary and the 
     Secretary of Commerce jointly, has not approved, rejected, or 
     reordered the priority of the recommendations of the Board 
     for fish habitat conservation projects by the date that is 
     180 days after the date of receipt of the recommendations, 
     the recommendations shall be considered to be approved.

     SEC. 7. NATIONAL FISH HABITAT CONSERVATION PARTNERSHIP 
                   OFFICE.

       (a) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall establish an 
     office, to be known as the ``National Fish Habitat 
     Conservation Partnership Office'', within the United States 
     Fish and Wildlife Service.
       (b) Functions.--The National Fish Habitat Conservation 
     Partnership Office shall--
       (1) provide funding for the operational needs of the 
     Partnerships, including funding for activities such as 
     planning, project development and implementation, 
     coordination, monitoring, evaluation, communication, and 
     outreach;
       (2) provide funding to support the detail of State and 
     tribal fish and wildlife staff to the Office;
       (3) facilitate the cooperative development and approval of 
     Partnerships;

[[Page S3826]]

       (4) assist the Secretary and the Board in carrying out this 
     Act;
       (5) assist the Secretary in carrying out the requirements 
     of sections 8 and 10;
       (6) facilitate communication, cohesiveness, and efficient 
     operations for the benefit of Partnerships and the Board;
       (7) facilitate, with assistance from the Director, the 
     Assistant Administrator, and the President of the Association 
     of Fish and Wildlife Agencies, the consideration of fish 
     habitat conservation projects by the Board;
       (8) provide support to the Director regarding the 
     development and implementation of the interagency operational 
     plan under subsection (c);
       (9) coordinate technical and scientific reporting as 
     required by section 11;
       (10) facilitate the efficient use of resources and 
     activities of Federal departments and agencies to carry out 
     this Act in an efficient manner; and
       (11) provide support to the Board for national 
     communication and outreach efforts that promote public 
     awareness of fish habitat conservation.
       (c) Interagency Operational Plan.--Not later than 1 year 
     after the date of enactment of this Act, and every 5 years 
     thereafter, the Director, in cooperation with the Assistant 
     Administrator and the heads of other appropriate Federal 
     departments and agencies, shall develop an interagency 
     operational plan for the National Fish Habitat Conservation 
     Partnership Office that describes--
       (1) the functional, operational, technical, scientific, and 
     general staff, administrative, and material needs of the 
     Office; and
       (2) any interagency agreements between or among Federal 
     departments and agencies to address those needs.
       (d) Staff and Support.--
       (1) Departments of interior and commerce.--The Director and 
     the Assistant Administrator shall each provide appropriate 
     staff to support the National Fish Habitat Conservation 
     Partnership Office, subject to the availability of funds 
     under section 15.
       (2) States and indian tribes.--Each State and Indian tribe 
     is encouraged to provide staff to support the National Fish 
     Habitat Conservation Partnership Office.
       (3) Detailees and contractors.--The National Fish Habitat 
     Conservation Partnership Office may accept staff or other 
     administrative support from other entities--
       (A) through interagency details; or
       (B) as contractors.
       (4) Qualifications.--The staff of the National Fish Habitat 
     Conservation Partnership Office shall include members with 
     education and experience relating to the principles of fish, 
     wildlife, and aquatic habitat conservation.
       (5) Waiver of requirement.--The Secretary may waive all or 
     part of the non-Federal contribution requirement under 
     section 6(e)(1) if the Secretary determines that--
       (A) no reasonable means are available through which the 
     affected applicant can meet the requirement; and
       (B) the probable benefit of the relevant fish habitat 
     conservation project outweighs the public interest in meeting 
     the requirement.
       (e) Reports.--Not less frequently than once each year, the 
     Director shall provide to the Board a report describing the 
     activities of the National Fish Habitat Conservation 
     Partnership Office.

     SEC. 8. TECHNICAL AND SCIENTIFIC ASSISTANCE.

       (a) In General.--The Director, the Assistant Administrator, 
     and the Director of the United States Geological Survey, in 
     coordination with the Forest Service and other appropriate 
     Federal departments and agencies, shall provide scientific 
     and technical assistance to the Partnerships, participants in 
     fish habitat conservation projects, and the Board.
       (b) Inclusions.--Scientific and technical assistance 
     provided pursuant to subsection (a) may include--
       (1) providing technical and scientific assistance to 
     States, Indian tribes, regions, local communities, and 
     nongovernmental organizations in the development and 
     implementation of Partnerships;
       (2) providing technical and scientific assistance to 
     Partnerships for habitat assessment, strategic planning, and 
     prioritization;
       (3) supporting the development and implementation of fish 
     habitat conservation projects that are identified as high 
     priorities by Partnerships and the Board;
       (4) supporting and providing recommendations regarding the 
     development of science-based monitoring and assessment 
     approaches for implementation through Partnerships;
       (5) supporting and providing recommendations for a national 
     fish habitat assessment; and
       (6) ensuring the availability of experts to conduct 
     scientifically based evaluation and reporting of the results 
     of fish habitat conservation projects.

     SEC. 9. CONSERVATION OF AQUATIC HABITAT FOR FISH AND OTHER 
                   AQUATIC ORGANISMS ON FEDERAL LAND.

       To the extent consistent with the mission and authority of 
     the applicable department or agency, the head of each Federal 
     department and agency responsible for acquiring, managing, or 
     disposing of Federal land or water shall cooperate with the 
     Assistant Administrator and the Director to conserve the 
     aquatic habitats for fish and other aquatic organisms within 
     the land and water of the department or agency.

     SEC. 10. COORDINATION WITH STATES AND INDIAN TRIBES.

       The Secretary shall provide a notice to, and coordinate 
     with, the appropriate State agency or tribal agency, as 
     applicable, of each State and Indian tribe within the 
     boundaries of which an activity is planned to be carried out 
     pursuant to this Act by not later than 30 days before the 
     date on which the activity is implemented.

     SEC. 11. ACCOUNTABILITY AND REPORTING.

       (a) Implementation Reports.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, and every 2 years thereafter, the 
     Board shall submit to the appropriate congressional 
     committees a report describing the implementation of--
       (A) this Act; and
       (B) the National Fish Habitat Action Plan.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include--
       (A) an estimate of the number of acres, stream miles, or 
     acre-feet (or other suitable measure) of aquatic habitat that 
     was protected, restored, or enhanced under the National Fish 
     Habitat Action Plan by Federal, State, or local governments, 
     Indian tribes, or other entities in the United States during 
     the 2-year period ending on the date of submission of the 
     report;
       (B) a description of the public access to aquatic habitats 
     protected, restored, or established under the National Fish 
     Habitat Action Plan during that 2-year period;
       (C) a description of the opportunities for public fishing 
     established under the National Fish Habitat Action Plan 
     during that period; and
       (D) an assessment of the status of fish habitat 
     conservation projects carried out with funds provided under 
     this Act during that period, disaggregated by year, 
     including--
       (i) a description of the fish habitat conservation projects 
     recommended by the Board under section 6(b);
       (ii) a description of each fish habitat conservation 
     project approved by the Secretary under section 6(f), in 
     order of priority for funding;
       (iii) a justification for--

       (I) the approval of each fish habitat conservation project; 
     and
       (II) the order of priority for funding of each fish habitat 
     conservation project;

       (iv) a justification for any rejection or reordering of the 
     priority of each fish habitat conservation project 
     recommended by the Board under section 6(b) that was based on 
     a factor other than the criteria described in section 6(c); 
     and
       (v) an accounting of expenditures by Federal, State, or 
     local governments, Indian tribes, or other entities to carry 
     out fish habitat conservation projects.
       (b) Status and Trends Report.--Not later than December 31, 
     2012, and every 5 years thereafter, the Board shall submit to 
     the appropriate congressional committees a report describing 
     the status of aquatic habitats in the United States.
       (c) Revisions.--Not later than December 31, 2013, and every 
     5 years thereafter, the Board shall revise the goals and 
     other elements of the National Fish Habitat Action Plan, 
     after consideration of each report required by subsection 
     (b).

     SEC. 12. REGULATIONS.

       The Secretary may promulgate such regulations as the 
     Secretary determines to be necessary to carry out this Act.

     SEC. 13. EFFECT OF ACT.

       (a) Water Rights.--Nothing in this Act--
       (1) establishes any express or implied reserved water right 
     in the United States for any purpose;
       (2) affects any water right in existence on the date of 
     enactment of this Act;
       (3) preempts or affects any State water law or interstate 
     compact governing water; or
       (4) affects any Federal or State law in existence on the 
     date of enactment of the Act regarding water quality or water 
     quantity.
       (b) State Authority.--Nothing in this Act--
       (1) affects the authority, jurisdiction, or responsibility 
     of a State to manage, control, or regulate fish and wildlife 
     under the laws and regulations of the State; or
       (2) authorizes the Secretary to control or regulate within 
     a State the fishing or hunting of fish and wildlife.
       (c) Effect on Indian Tribes.--Nothing in this Act 
     abrogates, abridges, affects, modifies, supersedes, or alters 
     any right of an Indian tribe recognized by treaty or any 
     other means, including--
       (1) an agreement between the Indian tribe and the United 
     States;
       (2) Federal law (including regulations);
       (3) an Executive order; or
       (4) a judicial decree.
       (d) Adjudication of Water Rights.--Nothing in this Act 
     diminishes or affects the ability of the Secretary to join an 
     adjudication of rights to the use of water pursuant to 
     subsection (a), (b), or (c) of section 208 of the Department 
     of Justice Appropriation Act, 1953 (43 U.S.C. 666).
       (e) Effect on Other Authorities.--
       (1) Acquisition of land and water.--Nothing in this Act 
     alters or otherwise affects the authorities, 
     responsibilities, obligations, or powers of the Secretary to 
     acquire land, water, or an interest in land or water under 
     any other provision of law.
       (2) Private property protection.--Nothing in this Act 
     permits the use of funds made available to carry out this Act 
     to acquire real property or a real property interest without 
     the written consent of each owner of the real property or 
     real property interest.
       (3) Mitigation.--Nothing in this Act permits the use of 
     funds made available to carry

[[Page S3827]]

     out this Act for fish and wildlife mitigation purposes 
     under--
       (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (B) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.);
       (C) the Water Resources Development Act of 1986 (Public Law 
     99-662; 100 Stat. 4082); or
       (D) any other Federal law or court settlement.

     SEC. 14. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

       The Federal Advisory Committee Act (5 U.S.C. App.) shall 
     not apply to--
       (1) the Board; or
       (2) any Partnership.

     SEC. 15. FUNDING.

       (a) Authorization of Appropriations.--
       (1) Fish habitat conservation projects.--There is 
     authorized to be appropriated to the Secretary $7,200,000 for 
     each of fiscal years 2012 through 2016 to provide funds for 
     fish habitat conservation projects approved under section 
     6(f), of which 5 percent shall be made available for each 
     fiscal year for projects carried out by Indian tribes.
       (2) National fish habitat conservation partnership 
     office.--
       (A) In general.--There is authorized to be appropriated to 
     the Secretary for each of fiscal years 2012 through 2016 for 
     the National Fish Habitat Conservation Partnership Office, 
     and to carry out section 11, an amount equal to 5 percent of 
     the amount appropriated for the applicable fiscal year 
     pursuant to paragraph (1).
       (B) Required transfers.--The Secretary shall annually 
     transfer to other Federal departments and agencies such 
     percentage of the amounts made available pursuant to 
     subparagraph (A) as is required to support participation by 
     those departments and agencies in the National Fish Habitat 
     Conservation Partnership Office pursuant to the interagency 
     operational plan under section 7(c).
       (3) Technical and scientific assistance.--There are 
     authorized to be appropriated for each of fiscal years 2012 
     through 2016 to carry out, and provide technical and 
     scientific assistance under, section 8--
       (A) $500,000 to the Secretary for use by the United States 
     Fish and Wildlife Service;
       (B) $500,000 to the Assistant Administrator for use by the 
     National Oceanic and Atmospheric Administration; and
       (C) $500,000 to the Secretary for use by the United States 
     Geological Survey.
       (4) Planning and administrative expenses.--There is 
     authorized to be appropriated to the Secretary for each of 
     fiscal years 2012 through 2016 for use by the Board, the 
     Director, and the Assistant Administrator for planning and 
     administrative expenses an amount equal to 3 percent of the 
     amount appropriated for the applicable fiscal year pursuant 
     to paragraph (1).
       (b) Agreements and Grants.--The Secretary may--
       (1) on the recommendation of the Board, and notwithstanding 
     sections 6304 and 6305 of title 31, United States Code, and 
     the Federal Financial Assistance Management Improvement Act 
     of 1999 (31 U.S.C. 6101 note; Public Law 106-107), enter into 
     a grant agreement, cooperative agreement, or contract with a 
     Partnership or other entity for a fish habitat conservation 
     project or restoration or enhancement project;
       (2) apply for, accept, and use a grant from any individual 
     or entity to carry out the purposes of this Act; and
       (3) make funds available to any Federal department or 
     agency for use by that department or agency to provide grants 
     for any fish habitat protection project, restoration project, 
     or enhancement project that the Secretary determines to be 
     consistent with this Act.
       (c) Donations.--
       (1) In general.--The Secretary may--
       (A) enter into an agreement with any organization described 
     in section 501(c)(3) of the Internal Revenue Code of 1986 
     that is exempt from taxation under section 501(a) of that 
     Code to solicit private donations to carry out the purposes 
     of this Act; and
       (B) accept donations of funds, property, and services to 
     carry out the purposes of this Act.
       (2) Treatment.--A donation accepted under this section--
       (A) shall be considered to be a gift or bequest to, or 
     otherwise for the use of, the United States; and
       (B) may be--
       (i) used directly by the Secretary; or
       (ii) provided to another Federal department or agency 
     through an interagency agreement.
                                 ______
                                 
      By Mr. LEAHY (for himself, Mr. Levin, Mr. Akaka, and Mr. Durbin):
  S. 1202. A bill to amend the Immigration and Nationality Act to 
reaffirm the United States' historic commitment to protecting refugees 
who are fleeing persecution or torture; to the Committee on the 
Judiciary.
  Mr. LEAHY. Mr. President, today, I am pleased to introduce the 
Refugee Protection Act. This bill, which is cosponsored by Senators 
Levin, Akaka, and Durbin, will reaffirm the commitments our Nation made 
in ratifying the 1951 Refugee Convention, and help to restore the 
United States as a global leader on human rights. This bill would 
repeal the most harsh and unnecessary elements of current law, and 
restore the United States to its rightful role as a safe and welcoming 
home for those suffering from persecution around the world.
  During this challenging economic time, it can be tempting to look 
inward rather than to fulfill our global humanitarian commitments. 
However, this bill is necessary now more than ever. Millions of 
refugees remain displaced and warehoused in refugee camps in Eastern 
Africa, Southeast Asia, and other parts of the world. The ``Arab 
Spring'' is helping to move governments of the Middle East toward 
democracy, but some governments have responded to peaceful 
demonstrations with violence. We will continue to see genuine refugees 
who are in need of protection. I was pleased to be able to protect 
funding for refugee assistance and resettlement programs in the fiscal 
year 2011 appropriations continuing resolution, when many other 
programs were cut.
  In my home state of Vermont, I have seen how the admission of 
refugees and asylum seekers has revitalized and enriched communities, 
resulting in the creation of new businesses, safer neighborhoods, and 
stronger schools. Since Senator Ted Kennedy authored the 1980 Refugee 
Act, more than 2.6 million refugees and asylum seekers have been 
granted protection in the United States. And since 1989, almost 5,600 
refugees have been resettled in Vermont. We are fortunate to have the 
Vermont Refugee Resettlement Program, with its decades of experience 
and award-wining volunteer program, leading this effort. Over the last 
five years, many of these new Vermonters have come from Bhutan, Burma, 
and the Congo. Their culture is enriching my historically Anglo Saxon 
and French Canadian state.
  Once resettled, these refugees have become nursing assistants, soccer 
coaches, and small business owners. In Burlington's Old North End, 
there are two thriving halal markets, side by side. The Nadia 
International Halal Market is run by an Iraqi refugee. Next door is the 
Banadir Market, run by a Somali Bantu refugee. Vermonters enjoy these 
new additions to the culture, and these thriving small businesses 
create local jobs in a historically disadvantaged neighborhood.
  Equally important are the family- and community-based values of these 
new Vermonters. The Burlington Chief of Police has commented that 
refugees have reduced crime in some historically troubled areas, 
creating more family oriented neighborhoods.
  Vermonters have played a tremendous role in welcoming refugees and 
asylees to their communities. Many have hosted refugee families in 
their homes until suitable housing could be found. The Ohavi Zedek 
Synagogue has made an effort to help all refugee families, regardless 
of their faith. The synagogue offers free English language classes so 
that refugees can improve their English skills. In this year's Passover 
service, refugees were encouraged to share their own personal tales of 
exodus.
  The synagogue also runs a thrift shop where refugees who have been in 
the country for less than a year are allowed to take whatever they need 
without charge. Yet, a refugee from Bhutan has offered to help make 
physical improvements to the building's foundation, a testament to his 
desire to give back to the communities that have helped refugees build 
new lives. Many other places of worships have also reached out to these 
new Vermonters.
  The Association for Africans Living in Vermont, AALV, which now 
assists any refugee in Vermont regardless of the country of origin, 
helps refugees access social services, organizes community cultural 
events, and provides cross-cultural training to Vermont service 
providers. The organization offers workforce development programs to 
ensure refugees can find meaningful work that sustains their families. 
The AALV New Farms for New Americans program enables refugees, many of 
whom farmed in their home countries, to learn to grow crops well suited 
to the Vermont climate. This program can connect such refugees to their 
heritage, and invites them to become part of Vermont's longstanding and 
vibrant agricultural tradition.
  In cooperation with Vermont Adult Learning, AALV offers the Personal

[[Page S3828]]

Care Assistant Workforce Training Program, which trains refugees to 
serve as personal care assistants, the first level of service in the 
nursing profession. Graduates are able to pursue additional training as 
a licensed nursing assistant.
  Vermont's resettlement program and the community support are not 
without their challenges. We experience many of the same hurdles faced 
by resettlement efforts and receiving communities across the Nation. 
The Refugee Protection Act of 2011 includes provisions that will help 
the nationwide resettlement effort operate more effectively. I want to 
acknowledge the leadership of Senator Lugar who has investigated the 
resettlement program and called for a GAO study to obtain 
recommendations for improvement. I also appreciate the efforts of 
Representative Gary Peters of Michigan, who introduced a resettlement 
bill in the House of Representatives to improve communication among all 
stakeholders.
  In addition to support and improvement of the resettlement program, 
this bill addresses several areas of domestic asylum adjudication that 
are in need of significant reform. This bill would repeal the one-year 
filing deadline for asylum seekers, removing an unnecessary barrier to 
protection. The bill would allow arriving aliens and minors to seek 
asylum first before the Asylum Office rather than referring those cases 
immediately to immigration court. The Asylum Office is well trained to 
screen for fraud and able to handle a slight increase in its caseload. 
Meanwhile, as we learned in a May 18, 2011, hearing before the 
Judiciary Committee, the immigration courts are overburdened, under-
resourced, and facing steady increases in their caseloads.
  The Refugee Protection Act ensures that persons who were victims of 
terrorism or persecution by terrorist groups will not be doubly 
victimized with a denial of protection in the United States. Vermont 
Immigration and Asylum Advocates, a legal aid and torture treatment 
provider, continues to see cases where persons granted asylum are later 
blocked from bringing their families to the United States or applying 
for permanent residency by overly broad definitions in current law. 
This bill would help such persons prove their cases without taking any 
shortcuts on national security. The bill also gives the President the 
authority to designate certain groups of particularly vulnerable groups 
for expedited consideration. All refugees would still have to complete 
security and background checks prior to entry to the United States.
  Finally, the bill addresses the need to treat genuine asylum seekers 
as persons in need of protection, not as criminals. It calls for asylum 
seekers who can prove their identity and who pose no threat to the 
United States to be released from immigration detention. Vermont 
Immigration and Asylum Advocates, like other legal aid providers across 
the Nation, struggle to visit detention facilities located at a 
distance from urban centers, or to reach clients who have been 
transferred to far away locations. I appreciate efforts made by the 
Obama administration to parole eligible asylum seekers and to improve 
the conditions of detention overall, but more must be done. The Refugee 
Protection Act will improve access to counsel so that asylum seekers 
with genuine claims can gain legal assistance in presenting their 
claims. It will require the Government to codify detention standards so 
that reforms are meaningful and enforceable.
  There is no question that the United States is a leader among nations 
in refugee protection, but we can do better. The refugees we welcome to 
our shores contribute to the fabric of our Nation, and enrich the 
communities where they settle. I urge all Senators to support the 
Refugee Protection Act of 2011.
  Mr. President, I ask unanimous consent that a section by section 
analysis and a list of support organizations be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

      The Leahy-Levin-Akaka-Durbin Refugee Protection Act of 2011


                           Sectional Analysis

       The Refugee Act of 1980 was a landmark piece of legislation 
     that sought to fulfill the United States' obligations under 
     the 1951 Refugee Convention. Unfortunately, in the 
     intervening years, U.S. law has fallen short of those 
     obligations. Last year, on the thirtieth anniversary of the 
     Refugee Act of 1980, Senator Leahy, introduced the Refugee 
     Protection Act of 2010 (S. 3113, 111th Congress), a 
     comprehensive package of improvements to our law. On June 15, 
     2011, Senator Leahy, along with Senators Levin, Akaka, and 
     Durbin, introduced a new version of the bill for the 112th 
     Congress. The Refugee Protection Act of 2011 will ensure that 
     refugees and asylum seekers with bona fide claims are 
     protected by the United States, restoring the United States 
     as a beacon of hope for those who suffer from persecution.
     Sec. 1. Short Title.
       The short title is the Refugee Protection Act of 2011.
     Sec. 2. Definitions.
       This section defines the terms ``asylum seeker'' and 
     ``Secretary of Homeland Security.''
     Sec. 3. Elimination of Time Limits on Asylum Applications.
       This section eliminates the one-year time limit for filing 
     an asylum claim. The stated intent of Congress in 1996 in 
     enacting the one-year deadline was to prevent fraud, not to 
     deprive bona fide applicants from securing protection under 
     our laws. Yet, even in 1996, problems related to fraud had 
     been resolved through administrative reform implemented by 
     the Immigration & Naturalization Service, which opposed the 
     implementation of an application deadline. Since the one-year 
     deadline was enacted, and despite exceptions available in the 
     law for extraordinary or changed circumstances that may 
     prevent the timely filing of an application, many asylum 
     seekers with genuine claims have been denied protection. The 
     exceptions to the one-year deadline are not uniformly applied 
     to applicants, leading to unfair treatment of those who have 
     legitimate reasons for applying after the one-year deadline. 
     Moreover, a significant number of applicants have 
     subsequently met the higher standard for withholding of 
     removal, demonstrating that their claims were valid. This 
     section allows such an asylum seeker to reopen his asylum 
     claim if he is still in the United States, has not 
     subsequently been awarded lawful permanent residence status, 
     is not subject to a bar to asylum, and should not be denied 
     asylum as a matter of discretion.
     Sec. 4. Protecting Victims of Terrorism from Being Defined as 
         Terrorists.
       Under current law, any asylum seeker or refugee who is 
     individually culpable of engaging in terrorist conduct, or 
     direct support for it, is barred under prohibitions to entry 
     for a threat to national security, serious non-political 
     crime, persecution of others, or engaging in terrorist 
     activity. Changes in the law since September 11, 2001, have 
     resulted in innocent activity, or coerced actions, being 
     labeled as ``material support'' for terrorism, a 
     determination that can render genuine refugees ineligible for 
     protection in the United States. This section would amend the 
     law to ensure that asylum seekers and refugees are not barred 
     from admission to the United States under an overly broad 
     definition of ``terrorist organization'' in the Immigration 
     and Nationality Act (INA).
       This section would define the term ``material support'' to 
     mean support that is significant and of a kind directly 
     relevant to terrorist activity. This section also gives the 
     Secretary of Homeland Security discretion to waive 
     application of the terrorism bars for certain applicants.
       This section clarifies that those who committed certain 
     acts (such as military-type training, solicitation, or other 
     non-violent actions) under duress may not be deemed 
     inadmissible if they pose no threat to the United States. It 
     gives the Secretary discretion to consider the age of the 
     applicant at the time the acts were committed in determining 
     whether those acts were committed under duress.
       This section also creates an exception for those who were 
     forced to recruit child soldiers under duress, or who engaged 
     in such recruitment under the age of 18. Finally, this 
     section would repeal an unduly harsh provision in current law 
     that makes spouses and children inadmissible for the acts of 
     a spouse or parent.
       All applicants for asylum or refugee status must meet all 
     of the other traditional background and security checks.
     Sec. 5. Protecting Certain Vulnerable Groups of Asylum 
         Seekers.
       To be eligible for asylum under the Refugee Convention and 
     domestic law, an applicant must show that he or she has 
     experienced persecution or have a well-founded fear of future 
     persecution on account of race, religion, nationality, 
     political opinion, or membership in a particular social 
     group. This section makes several modifications to current 
     law to ensure that particularly vulnerable groups of asylum 
     seekers have a full and fair opportunity to seek protection 
     in the United States.
       Subsection (a) codifies the holding of the landmark Board 
     of Immigration Appeals (BIA) decision in Matter of Acosta, 19 
     I. & N. Dec. 211 (BIA 1985). That holding defined the basis 
     of persecution based on membership in a ``particular social 
     group'' as one comprised of individuals who share a common 
     characteristic they either cannot change, or should not be 
     required to change because the

[[Page S3829]]

     characteristic is fundamental to their identity or 
     conscience. The Acosta precedent has been clouded in recent 
     years by BIA opinions that require asylum applicants to prove 
     additional factors, some of which are unnecessary or contrary 
     to the spirit of domestic law and the Refugee Convention. 
     Most damaging is a requirement that the social group in 
     question be ``socially visible,'' a factor that could 
     endanger certain categories of refugees, such as victims of 
     gender persecution or LGBT asylum seekers. These are groups 
     that, as Judge Posner of the Seventh Circuit Court of Appeals 
     described, are at great pains to remain socially invisible. 
     This subsection codifies the definition of social group in 
     Matter of Acosta such that inappropriate, additional factors 
     such as social visibility cannot be required by the BIA.
       Subsection (b) makes additional changes to current law. 
     Paragraph (1): United States law has long recognized that 
     persecutors may have mixed motives for harming their victims. 
     For example, a militia that operates outside government 
     control may persecute a particular race of persons because of 
     xenophobia and also because it seeks to deprive the 
     persecuted race of valuable land and property. The fact that 
     the persecutor is motivated by two intertwined goals should 
     not prevent the victims from obtaining protection. 
     Nonetheless, the REAL ID Act of 2005 raised the burden of 
     proof that asylum seekers must meet in order to show that 
     they fear persecution on account of one of the five grounds 
     enumerated in the Refugee Convention and in U.S. law. (The 
     five grounds are race, religion, nationality, membership in a 
     particular social group, or political opinion.) The REAL ID 
     Act requires that the asylum seeker demonstrate that harm on 
     account of a protected ground is ``at least one central 
     reason'' for the feared persecution. See INA 
     Sec. 208(b)(1)(B)(i). The ``one central reason'' language is 
     modified in this section, which does not fully repeal the 
     notion of persecutor intent but applies it in a manner that 
     is both realistic and fair. This paragraph strikes the 
     language that requires the protected ground (e.g., race) to 
     be one central reason for the persecution and requires 
     instead that the protected ground ``was or will be a factor 
     in the applicant's persecution or fear of persecution.''
       Paragraph (2): The REAL ID Act of 2005 added requirements 
     to the INA with regard to an asylum seeker's duty to provide 
     corroborating evidence when it is requested by an immigration 
     judge. The REAL ID Act stated that ``such evidence must be 
     provided unless the applicant does not have the evidence and 
     cannot reasonably obtain the evidence.'' Corroborating 
     evidence can be an important component of an asylum claim, 
     but asylum seekers must have a fair opportunity to respond to 
     requests for corroboration. In addition, as courts have 
     noted, it is sometimes virtually impossible for asylum 
     seekers to obtain certain types of corroborating evidence. 
     Therefore, this paragraph requires that when the trier of 
     fact seeks corroborating evidence, the trier of fact must 
     provide notice and allow the asylum applicant a reasonable 
     opportunity to file such evidence unless the applicant does 
     not have the evidence and cannot reasonably obtain the 
     evidence.
       Paragraph (3) renumbers text in the statute.
       Paragraph (4): As noted above, an asylum seeker must show 
     that his or her well-founded fear of persecution is on 
     account of one of the five grounds of asylum. This link is 
     often called the nexus requirement. Some genuine asylum 
     seekers have been denied asylum because of a lack of clear 
     guidance on how the nexus requirement may be established when 
     the persecutor is a non-state actor. The Department of 
     Justice issued draft regulations in 2000 that made clear that 
     an asylum seeker can demonstrate nexus through either 
     ``direct or circumstantial'' evidence. This draft regulation 
     was consistent with the U.S. Supreme Court's decision in INS 
     v. Elias-Zacarias, 502 U.S. 478, 483 (1992). This paragraph 
     would codify the draft regulation by making clear that either 
     direct or circumstantial evidence may establish that 
     persecution is on account of one of the five grounds.
       Paragraph (5): The REAL ID Act also modified the INA with 
     regard to factors that an immigration judge may consider in 
     determining the asylum seeker's credibility. In short, the 
     REAL ID gave heightened importance to inconsistencies in an 
     asylum seeker's claim, even if those inconsistencies were 
     minor or immaterial to the heart of the claim. In practice, 
     an asylum seeker with limited English skills, with post-
     traumatic stress disorder, or with other conditions, may make 
     simple, minor errors in the telling and retelling of their 
     story. This paragraph modifies the INA to state that if the 
     immigration judge determines that there are inconsistencies 
     or omissions in the claim, the asylum seeker should be given 
     an opportunity to explain and to provide support or evidence 
     to clarify such inconsistencies or omissions. Subsection (c) 
     makes identical corrections to the corroboration and 
     credibility determinations for removal proceedings that are 
     described in paragraphs (2) and (5) above.
     Sec. 6. Effective Adjudication of Proceedings.
       This section authorizes the Attorney General to appoint 
     counsel to an alien in removal proceedings where fair 
     resolution or effective adjudication of the case would be 
     served by doing so. In certain cases, such as those involving 
     highly complex asylum claims, unaccompanied minors, mentally 
     impaired persons, or individuals who are incapable of pro se 
     representation, delays in adjudication may result while an 
     alien prepares a case or searches for pro bono 
     representation. The immigration courts will operate more 
     efficiently (with savings to taxpayers) if the Attorney 
     General is provided explicit authority to exercise discretion 
     to appoint counsel in certain instances, such as those 
     described above.
     Sec. 7. Scope and Standard for Review.
       This section prevents the removal of an alien during the 
     30-day period an alien has to file a petition for review to a 
     Federal Circuit Court of Appeals after the alien has been 
     ordered removed. Staying the removal during this period will 
     enable an applicant to carefully consider whether to file an 
     appeal rather than rush to file in order to preserve his or 
     her rights. In weak cases, the alien will likely decline to 
     appeal, and deport voluntarily or via government removal. 
     This section also restores judicial review to a fair and 
     reasonable standard consistent with principles of 
     administrative law. The standard in this section is that the 
     Court of Appeals shall sustain a final decision ordering the 
     removal of an alien unless that decision is contrary to law, 
     an abuse of discretion, or not supported by substantial 
     evidence. The decision must be based on the administrative 
     record on which the order of removal is based.
     Sec. 8. Efficient Asylum Determination Process for Arriving 
         Aliens.
       Under current law, an alien who requests asylum as they 
     attempt to enter the United States (an ``arriving alien'') is 
     subject to detention for part or all of the time that they 
     await an asylum hearing. Such asylum seekers are provided an 
     initial interview with an asylum officer to determine whether 
     they have a credible fear of persecution, but then must 
     pursue their asylum case in immigration court, rather than in 
     a non-adversarial proceeding. Generally speaking, the 
     adversarial immigration hearing is considerably lengthier and 
     costlier than a non-adversarial asylum hearing. Under this 
     section, the DHS asylum office would be given jurisdiction 
     over an asylum case after a positive credible fear 
     determination. The alien would then undergo a non-
     adversarial asylum interview. If the asylum officer is 
     unable to recommend a grant of asylum, the case will be 
     referred to an immigration judge and the asylum seeker 
     placed in removal proceedings. This structure mirrors the 
     current process for asylum seekers who apply for asylum 
     from within the United States.
     Sec. 9. Secure Alternatives Program.
       This section requires the Secretary of Homeland Security to 
     establish a secure ``alternatives to detention'' program. The 
     program will allow certain aliens in civil immigration 
     custody to be released under enhanced supervision to prevent 
     the alien from absconding and to ensure that the alien makes 
     all required appearances associated with his or her 
     immigration case. The program is to be designed as a 
     continuum of alternatives based on the alien's need for 
     supervision, which may include placement of the alien with an 
     individual or organizational sponsor, or in a supervised 
     group home. The program shall restrict the use of ankle 
     monitoring devices to cases in which there is a demonstrated 
     need for enhanced monitoring, and the use of ankle monitors 
     shall be reviewed periodically. The program shall be designed 
     to include individualized case management and referrals to 
     community based organizations. In designing the program, the 
     Secretary is instructed to consider prior successful 
     programs, such the Vera Institute of Justice's Appearance 
     Assistance Program.
       The Secretary of Homeland Security currently has discretion 
     to detain asylum seekers. This section maintains such 
     discretion but clarifies that, consistent with a DHS policy 
     announced in December 2009, it is the policy of the United 
     States to release (``parole'') asylum seekers who have 
     established a credible fear of persecution. Under this 
     section, asylum seekers who have established identity will be 
     released within 7 days of a positive credible fear 
     determination unless DHS can show that the asylum seeker 
     poses a risk to public safety (which may include a risk to 
     national security) or is a flight risk. If parole is denied, 
     DHS must provide the asylum seeker with written notification 
     for the reason for denial conveyed in a language the asylum 
     seeker claims to understand.
     Sec. 10. Conditions of Detention.
       Regulations regarding conditions for detention shall be 
     promulgated, and must address several issues including access 
     to legal service providers, group legal orientation 
     presentations, translation services, recreational programs 
     and activities, access to law libraries, prompt case 
     notification requirements, access to working telephones, 
     access to religious services, notice of transfers, and access 
     to facilities by nongovernmental organization. This section 
     also limits the use of solitary confinement, shackling, and 
     strip searches. This section requires that, after the date of 
     enactment, facilities first used by ICE to detain alien 
     detainees must be located within 50 miles of a community in 
     which there is a demonstrated capacity to provide free or 
     low-cost legal representation.
     Sec. 11. Timely Notice of Immigration Charges.
       This section requires the Department of Homeland Security 
     to file a charging document with the immigration court 
     closest to

[[Page S3830]]

     the location at which an alien was apprehended within 48 
     hours of the alien being taken into custody by the 
     Department. The Department is also required to serve a copy 
     of the charging document on the alien within 48 hours of 
     apprehension. This section will serve multiple purposes. It 
     will prevent asylum seekers and other aliens from languishing 
     in detention at taxpayer expense without being charged. It 
     will encourage efficient handling of cases by both the 
     Department of Homeland Security and the immigration courts, 
     which are operated by the Department of Justice. Finally, it 
     will ensure that if an asylum seeker or other alien is 
     transferred from one detention facility to another, 
     jurisdictional and due process protections will attach.
     Sec. 12. Procedures for Ensuring Accuracy and Verifiability 
         of Sworn Statements Taken Pursuant to Expedited Removal 
         Authority.
       This section modifies current policy to ensure that asylum 
     seekers are not harmed by error in the production of sworn 
     statements taken during the expedited removal process. It 
     requires that the Secretary of Homeland Security establish a 
     procedure whereby the interviews of asylum seekers are 
     recorded. The recording may be a video, audio or other 
     reliable form of recording. The recording must include a 
     written statement, in its entirety, being read back to the 
     alien in a language that the alien claims to understand, and 
     include the alien affirming the accuracy of the statement or 
     making any corrections thereto. If an interpreter is 
     necessary, such interpreter must be competent in the language 
     of the asylum seeker. Once a record is produced and signed by 
     the asylum seeker under these conditions, it may be 
     considered part of the record. The Secretary may exempt 
     facilities from the requirements of this section under 
     certain circumstances.
     Sec. 13. Study on the Effect of Expedited Removal Provisions, 
         Practices, and Procedures on Asylum Claims.
       A 2005 study by the United States Commission on 
     International Religious Freedom (USCIRF) documented 
     widespread problems in the implementation of expedited 
     removal policy by U.S. Customs and Border Protection 
     immigration officers at ports of entry. A few months prior to 
     release of the Study, the Secretary of Homeland Security 
     expanded expedited removal authority from immigration 
     inspectors at Ports of Entry--as applied to arriving aliens 
     without proper documentation--to Border Patrol agents who 
     apprehend an alien within 100 miles of the border within 14 
     days after an entry without inspection. The 2005 USCIRF Study 
     did not analyze the implementation of expedited removal by 
     the Border Patrol, as USCIRF's data collection had been 
     completed by that point in time. This section authorizes the 
     Commission to conduct a new study to determine whether Border 
     Patrol officers exercising expedited removal authority in the 
     interior of the United States are improperly encouraging 
     aliens to withdraw or retract claims for asylum. The 
     Commission is also authorized to study whether immigration 
     officers incorrectly fail to refer asylum seekers for 
     credible fear interviews by asylum officers; incorrectly 
     remove such aliens to a country where the alien may be 
     persecuted; and/or detain such asylum seekers improperly or 
     in inappropriate conditions.
     Sec. 14. Refugee Opportunity Promotion.
       The immigration statute requires a refugee who is resettled 
     in the United States to remain on U.S. soil for a full year 
     before adjusting to lawful permanent residence. For many, 
     this requirement presents no obstacles, as resettled refugees 
     immediately begin to work, learn English, and contribute to 
     their local communities. Yet, the one-year physical 
     presence requirement poses a significant barrier to 
     resettled refugees who are eager and willing to serve the 
     United States Government overseas. This section waives the 
     continuous presence requirement for any refugee who, 
     during their first year of residence in the United States, 
     accepts employment overseas to aid the United States 
     Government, such as by working as a translator or in 
     another professional capacity.
     Sec. 15. Protections for Minors Seeking Asylum.
       The William Wilberforce Trafficking Victims Protection 
     Reauthorization Act of 2008 (TVPRA) amended the immigration 
     statute to exempt unaccompanied alien children from the safe 
     third country and one-year filing deadline bars to asylum. 
     This section will amend the statute to expand these TVPRA 
     exemptions to all child applicants for asylum. This section 
     also expands the exemption to the bar to asylum for 
     applicants under 18 years of age who were previously denied 
     asylum. The proposed language also clarifies that 
     unaccompanied alien children who have previously been 
     removed, or who departed voluntarily, should not have their 
     removal orders reinstated, but should instead be placed in 
     removal proceedings. Finally, this section states that all 
     cases of children seeking asylum be adjudicated in the first 
     instance by an asylum officer in a non-adversarial 
     proceeding. These protections, which were provided to 
     unaccompanied minors in the TVPRA, are expanded in the bill 
     to all child asylum seekers.
     Sec. 16. Legal Assistance for Refugees and Asylees.
       The Immigration and Nationality Act authorizes the 
     Secretary of Health and Human Services to make grants to non-
     profit organizations to assist resettled refugees with mental 
     health counseling, social services, education (including 
     English as a Second Language, or ESL), and other assistance 
     to help refugees assimilate into American communities. This 
     section would authorize the Secretary to make similar grants 
     to assist lawfully resettled refugees with legal advice on 
     applications for immigration benefits to which they may be 
     eligible after residing in the United States for certain 
     periods of time, e.g., family reunification, adjustment of 
     status, or naturalization.
     Sec. 17. Protection of Stateless Persons in the United 
         States.
       This section will enable individuals who are de jure 
     stateless to obtain lawful status in the United States. De 
     jure stateless persons are individuals who are not considered 
     to be citizens under the laws of any country. They do not 
     have a nationality and therefore cannot be returned anywhere. 
     (These individuals are not rendered stateless by any negative 
     action of their own, such the commission of crimes that leads 
     the country of origin to deny return, but generally by forces 
     beyond their control, such as the collapse of the country of 
     origin (e.g. the Soviet Union) and the succession of a state 
     or states that will not recognize certain former nationals.) 
     De jure stateless persons are ineligible for lawfully 
     recognized status in the United States based on the fact that 
     they are stateless. This section would make such persons 
     eligible to apply for conditional lawful status if they are 
     not inadmissible under criminal or security grounds and if 
     they pass all standard background checks. After five years in 
     conditional status, de jure stateless persons would be 
     eligible to apply for lawful permanent status.
     Sec. 18. Authority to Designate Certain Groups of Refugees 
         for Consideration.
       This section authorizes the President to designate certain 
     groups as eligible for expedited adjudication as refugees. 
     The authority would address situations in which a group is 
     targeted for persecution in their country of origin or 
     country of first asylum. The designation by the President 
     would be sufficient, if proved to the satisfaction of the 
     Secretary of Homeland Security, to establish a well-founded 
     fear of persecution for members of the designated group. 
     However, each individual applicant would still have to be 
     admissible to the United States and pass security and 
     background checks before being admitted. Refugees admitted 
     under this authority would not be exempt from the annual 
     limit on refugee admissions. This section simply enables the 
     President to call for expedited adjudication where necessary 
     and appropriate. This section explicitly includes groups 
     previously protected under the Lautenberg Amendment, which 
     include, among others, Jews and Evangelical Christians from 
     the former Soviet Union, and religious minorities from Iran.
     Sec. 19. Multiple Forms of Relief.
       This section simply allows individuals applying for refugee 
     protection to simultaneously apply for other forms of 
     admission to the United States, such as through a family-
     based petition. All applicants for admission must pass 
     security and background checks. This modification to current 
     law would not allow would-be refugees from gaming the system, 
     but simply enable them to escape harm or persecution at the 
     first opportunity a visa becomes available. This section also 
     allows the very small number of asylum applicants who win the 
     opportunity to apply for a green card through the diversity 
     lottery the ability to apply for that diversity visa from 
     within the United States. Typically, diversity visa 
     applicants must apply from their home country, a requirement 
     that would subject a genuine asylum seeker to risk of harm.
     Sec. 20. Protection of Refugee Families.
       This modification to current law would enable the spouse or 
     child of a refugee (a ``derivative'') to bring their children 
     to the United States when they accompany or follow to join 
     the spouse or parent who was originally awarded refugee 
     status (a ``principal''). Current law does not allow a 
     derivative's child to be admitted as a refugee, yet given the 
     long waits and often unsafe conditions that many derivative 
     applicants and their children face in camps overseas, the 
     United States should provide this group protection. This 
     section also aids children who were orphaned or abandoned by 
     their blood relatives and are living in the care of extended 
     family, friends, or neighbors who are granted admission to 
     the United States as refugees or asylees. Where it is in the 
     best interest of such a child to join that refugee or asylee 
     in the United States, this section creates a mechanism 
     whereby they may be admitted. This section also repeals an 
     unnecessary time limit in regulations on the filing of family 
     petitions related to refugee and asylee family reunification. 
     Finally, to facilitate the admission of eligible family 
     members, this section requires that U.S. Citizenship and 
     Immigration Services adjudicate family reunification 
     petitions for those following to join refugees and asylees 
     within 90 days of filing.
     Sec. 21. Reform of Refugee Consultation Process.
       Each year, the executive branch is charged with consulting 
     with Congress over the annual allocation of refugees to be 
     admitted to the United States. This section requires 
     meaningful consultation to take place between Cabinet-
     level officers and the committees of jurisdiction of the 
     Congress by May 1 of each year.

[[Page S3831]]

     Sec. 22. Admission of Refugees in the Absence of the Annual 
         Presidential Determination.
       This section states that for a fiscal year in which the 
     executive branch does not determine the allocation of 
     refugees for that year, the admission of refugees is not 
     delayed. Rather, until a determination is announced for the 
     new fiscal year, in each quarter of the new fiscal year, the 
     number of refugees equal to one-quarter for the prior fiscal 
     year's allocation may be admitted.
     Sec. 23. Update of Reception and Placement Grants.
       When a refugee is resettled in the United States, the 
     federal government assists him or her through Reception and 
     Placement Grants to non-governmental organizations (NGOs) 
     that help refugees find housing, place their children in 
     school, enroll in ESL classes, and take other initial steps 
     toward building a new life in the United States. Early in 
     2010, the administration increased the per capita grant level 
     to $1800 per refugee, up to $1100 of which may be awarded 
     directly to the refugee for immediate costs, and up to $700 
     of which is used by the NGO to cover the cost of dedicated 
     staff and expenses. Prior to 2010, the per capita level had 
     not kept pace with inflation. For years it was set at a level 
     so low that refugees were effectively consigned to poverty 
     upon arrival in the United States, and NGOs were only able to 
     offset the cost of basic support services to the refugees by 
     raising additional funds. To ensure that the per capita 
     amount does not fall behind the minimum level required for 
     basic needs, this section requires the per capita amount to 
     be adjusted on an annual basis for inflation and the cost of 
     living. It also calls for better forecasting of financial 
     needs with regard to the number of refugees expected to be 
     resettled each year and allows for additional amounts to be 
     paid out in the event that a higher than anticipated number 
     of refugees is admitted in a fiscal year.
     Sec. 24. Protection for Aliens Interdicted at Sea.
       The U.S. government should apply one standard, consistent 
     with the Refugee Convention, to all asylum seekers 
     interdicted at sea, regardless of their nationality. Yet a 
     patchwork of policies has evolved over the past two decades 
     often in response to mass migrations at sea. The result is 
     disparate treatment of Cubans, Chinese and Haitians. This 
     section will require the Secretary of Homeland Security to 
     develop uniform policies to identify asylum seekers among 
     those interdicted at sea and to treat those individuals 
     fairly and in a non-discriminatory manner.
     Sec. 25. Modification of Physical Presence Requirements for 
         Aliens Serving as Translators.
       Under current law, in order to be naturalized, most non-
     U.S. citizens must have continuous residence in the United 
     States for five years and physical presence for periods 
     totaling half that time (2\1/2\ years). This section would 
     permit absence from the United States while serving as a 
     translator for the U.S. government in Iraq or Afghanistan to 
     count toward the 2\1/2\ years physical presence required for 
     naturalization.
     Sec. 26. Assessment of the Refugee Domestic Resettlement 
         Program.
       This section directs GAO to conduct a study on the 
     effectiveness of the domestic refugee resettlement program 
     operated by the Office of Refugee Resettlement (ORR) of the 
     Department of Health and Human Services. The study will 
     analyze issues pertaining to the definition of self 
     sufficiency, the effectiveness of ORR in helping refugees to 
     attain self-sufficiency, the unmet needs of the program, and 
     the role of community-based organizations. The GAO study will 
     issue statutory recommendations.
     Sec. 27. Refugee Assistance.
       This section revises the formula for social services 
     funding allocated to states to include projections of future 
     refugee arrivals, as well as refugee data from prior years. 
     This section requires an annual report on secondary migration 
     and its impact on states.
     Sec. 28. Resettlement Data.
       This section expands and improves data collection and 
     reporting within ORR with regard to the mental health and 
     housing needs of refugees. It will also collect long term 
     employment and self-sufficiency data on resettled refugees.
     Sec. 29. Protections for Refugees.
       Current law makes refugees resettled in the United States 
     eligible to apply for lawful permanent residence after one 
     year. However, current law also suggests that a refugee who 
     does not adjust status after one year may be taken into 
     custody by DHS. (See Section 209 of the INA, 8 U.S.C. 1159). 
     The agency recently issued guidance to clarify interpretation 
     of the law, stating that detention of an unadjusted refugee 
     who is found to be inadmissible or deportable should be 
     determined under the statute relating to apprehension and 
     detention of aliens. (See Section 236 of the INA, 8 U.S.C. 
     1226.) Accordingly, this section of the bill strikes language 
     in current law that suggests that refugees may be taken into 
     custody simply for remaining unadjusted. This section also 
     allows a refugee to apply for lawful permanent residence up 
     to three months prior to obtaining a year of presence in the 
     United States.
     Sec. 30. Extension of Eligibility Period for Social Security 
         Benefits for Certain Refugees.
       This section extends social security benefits to elderly 
     and disabled refugees who have not yet naturalized. 
     Typically, certain eligible refugees may receive social 
     security for seven years. That period was extended for two 
     years in 2008 by a bipartisan bill supported by President 
     Bush. This section extends the social security funding for 
     one additional year.
     Sec. 31. Authorization of Appropriations.
       This section authorizes such sums as are necessary to carry 
     out the Act.
     Sec. 32. Determination of Budgetary Effects.
       This section contains standardized ``PAYGO'' language.
                                  ____


      The Leahy-Levin-Akaka-Durbin Refugee Protection Act of 2011


                    Endorsements as of June 15, 2011

       American Bar Association; American Civil Liberties Union; 
     American Humanist Association; American Immigration Lawyers 
     Association; American Jewish Committee; Amnesty International 
     USA; Association of Africans Living in Vermont; Asylum 
     Access; Center for American Progress Action Fund; Center for 
     Gender & Refugee Studies; Center for Victims of Torture; 
     CenterLink: The Community of LGBT Centers; Church World 
     Service, Immigration and Refugee Program; The Episcopal 
     Church; Family Equality Council; Golden Door Coalition of 
     Illinois; Hebrew Immigrant Aid Society; Hebrew Immigrant Aid 
     Society Chicago; Heartland Alliance for Human Needs & Human 
     Rights; Human Rights Campaign; Human Rights First; Human 
     Rights Watch; Immigrant Child Advocacy Project at the 
     University of Chicago; Immigration Equality Action Fund; 
     International Rescue Committee; Jewish Child and Family 
     Services (Metropolitan Chicago); Kids in Need of Defense 
     (KIND); Lutheran Immigration and Refugee Service; National 
     Center for Transgender Equality; National Immigrant Justice 
     Center; National Immigration Forum; National Immigration Law 
     Center; National Council of Jewish Women; National Latina 
     Institute for Reproductive Health; Organization for Refuge, 
     Asylum & Migration; PFLAG National (Parents, Families and 
     Friends of Lesbians and Gays); RefugeeOne; Refugee Women's 
     Network, Inc.; Refugees International; State Coordinators of 
     Refugee Resettlement (SCORR); Tahirih Justice Center; United 
     African Organization; U.S. Committee for Refugees and 
     Immigrants; U.S. Conference of Catholic Bishops; Vermont 
     Immigration and Asylum Advocates; Women's Refugee Commission.
       The U.S. Commission on International Religious Freedom 
     supports the Refugee Protection Act of 2011.
       *Deborah Anker, Clinical Professor of Law and Director, 
     Harvard Immigration and Refugee Clinical Program, Harvard Law 
     School.
       *Sabi Ardalan, Lecturer on Law, Harvard Immigration and 
     Refugee Clinical Program.
       *Regina Germain, Adjunct Professor of Asylum Law and the 
     Asylum Practicum, University of Denver Sturm College of Law.
       *Philip G. Schrag, Delaney Family Professor of Public 
     Interest Law, Georgetown University.
       *Shoba Sivaprasad Wadhia, Clinical Professor of Law & 
     Director, Center for Immigrants' Rights, Penn State Dickinson 
     School of Law.
       *Title and affiliation listed for informational purposes 
     only.
                                 ______
                                 
      By Ms. SNOWE (for herself, Mr. Kerry, Mr. Isakson, Ms. Klobuchar, 
        and Mr. Inouye):
  S. 1203. A bill to amend title XVIII of the Social Security Act to 
provide for the coverage of home infusion therapy under the Medicare 
Program; to the Committee on Finance.
  Ms. SNOWE. Mr. President, today I join my colleague on the Senate 
Finance Committee, Senator John Kerry of Massachusetts, to introduce 
the Medicare Home Infusion Coverage Act, which will help us improve 
care and reduce costs. We are joined by Senator Isakson, Senator 
Klobuchar, and Senator Inouye, who also recognize the tremendous value 
offered by home infusion therapy.
  Today many serious conditions, including some cancers and drug-
resistant infections--requires the use of infusion therapy. Such 
treatment involves the administration of medication directly into the 
bloodstream via a needle or catheter. Specialized equipment, supplies, 
and professional services, such as sterile drug compounding, care 
coordination, and patient education and monitoring, are part of such 
therapy. The course of infusion treatment often lasts for several hours 
per day over a 6-to-8 week period.
  The regrettable fact is that Medicare patients requiring infusion 
therapy must either bear that cost themselves, or endure 
hospitalization in order to receive coverage. Though Medicare pays for 
infusion drugs, it does not pay for the services, equipment, and 
supplies necessary to safely provide infusion therapy in the home. Not 
surprisingly, even though home infusion therapy may cost as little as 
$100 a day, too few seniors can afford that cost.

[[Page S3832]]

  The result is that patients are hospitalized needlessly, driving 
costs of treatment as much as 10-20 times higher than treatment in the 
home. These unnecessary hospitalizations are not only wasteful to 
Medicare, but they may even place the patient at risk of contracting a 
health care-acquired infection.
  Private coverage for home infusion therapy is commonplace. Private 
plans also recognize that patients benefit from avoiding 
hospitalization. At home they have familiar, comfortable surroundings, 
and family conveniently at hand, no small concerns when fighting a 
serious illness. In fact, according to a June 2010 Government 
Accountability Office report, ``Health insurers contend that the 
benefit has been cost-effective, that is, providing infusion therapy at 
home generally costs less than treatment in other settings. They also 
contend that the benefit is largely free from inappropriate utilization 
and problems in quality of care.''
  By extending coverage of infusion therapy to the home, we will 
correct this unintended and unnecessary gap in Medicare coverage. I 
hope my colleagues will join us in support of this legislation so we 
may further the goals of improving patient safety and reducing our 
escalating health care costs.
                                 ______
                                 
      By Mr. UDALL of Colorado:
  S. 1204. A bill to amend title 10, United States Code, to reform 
Department of Defense energy policy, and for other purposes; to the 
Committee on Armed Services.
  Mr. UDALL of Colorado. Mr. President, I rise to speak about the 
Department of Defense Energy Security Act of 2011 or DODESA, that I am 
introducing today.
  This bill takes a number of important steps toward addressing some of 
our most critical national energy security challenges. It authorizes 
increased development of alternative fuels and increased usage of 
hybrid drive systems and electric vehicles. The bill streamlines 
communication between agencies responsible for energy programs across 
the DOD, and authorizes DOD to examine where the greatest potential 
exists for renewable energy programs. And it authorizes DOD to 
determine how best to incorporate smart grid technology and to work 
with local communities to develop contingency plans in the event of a 
power outage caused by cyber attacks or natural disasters.
  Simply put, this bill addresses the military's single largest 
vulnerability: Its dependence on fossil fuel. When you talk about that 
dependency in theater--you're talking about putting service members' 
lives at risk. During the wars in Iraq and Afghanistan, thousands of 
service men and women have been injured and killed each year in attacks 
on fuel convoys. Osama bin Laden reportedly called those convoys our 
military's ``umbilical cord.'' In the words of the Chairman of the 
Joint Chiefs of Staff, Admiral Mike Mullen: ``Saving energy saves 
lives.'' He said: ``Energy needs to be the first thing we think about 
before we deploy another soldier, before we build another ship or 
plane.''
  That dependence on oil also costs taxpayers a staggering amount of 
money. But our military's reliance on vulnerable energy resources is 
not just on the battlefield. At home, defense facilities rely on a 
fragile national grid, leaving critical assets vulnerable. The Defense 
Science Board found in its 2008 report, ``More Fight--Less Fuel'' that, 
``critical national security and homeland defense missions are at an 
unacceptably high risk of extended outage from failure of the grid.''
  All told, the military spends $20 billion on energy each year, 
consuming a whopping 135 million barrels of oil and 30 million 
megawatt-hours of electricity. It consumes more fuel and electricity 
each year than most countries.
  The Pentagon's energy consumption has serious national security 
implications, but it also presents opportunities. As the Logistics 
Management Institute wrote, ``Aggressively developing and applying 
energy-saving technologies to military applications would potentially 
do more to solve the most pressing long-term challenges facing DOD and 
our national security than any other single investment area.''
  That is why we have introduced this legislation. I say ``we'' because 
this bill is the product of a joint effort with Congresswoman Giffords' 
office. Gabby is a great friend, and we introduced this bill together 
last Congress. This year, my staff has worked closely with hers on this 
updated version. This is an issue that is near and dear to Gabby's 
heart, and I know that she is eager to continue her work on it in the 
House.
  I am very proud of this legislation for a number of reasons.
  First and foremost, DODESA will help the Department of Defense cut 
fuel consumption and long-term costs.
  Secondly, it provides authorization that will expand existing 
renewable energy studies and pilot programs through a Joint Contingency 
Base Resource Security Project. This project will help the service 
branches share lessons learned as they study the best ways to 
incorporate renewable energy sources and fuel reduction initiatives, 
such as the Marine Corps' outstanding Experimental Forward Operating 
Base, and the Army's Net Zero Installations.
  Third, Colorado is leading the way in this commonsense area of energy 
security. In particular, I would like to highlight the leadership of 
Fort Carson, in my home state, which has been chosen as one of two 
bases to participate in the Army's ``Triple Net Zero'' pilot program. 
They are truly pioneers in this important work, and I appreciate all of 
their efforts.
  In sum, our legislation will make America more secure, will save 
taxpayer dollars, and it will save lives. There is no single solution 
to our energy security challenges. DODESA is not a silver bullet that 
will solve all of our problems. However, it's part of a silver buckshot 
solution that will require multiple changes in the way that we do 
business.
  We owe it to our service members and the American people to find ways 
to use energy smarter and more efficiently, and I believe this bill 
takes a number of important steps in the right direction.
  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. 1204

       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 ``Department 
     of Defense Energy Security 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. Congressional defense committees defined.
Sec. 3. Sense of Congress on Department of Defense energy savings 
              initiatives.
Sec. 4. Waiver authority.

                  TITLE I--OPERATIONAL ENERGY SECURITY

Sec. 101. Joint contingency base resource pilot project.
Sec. 102. Research and development activities to incorporate hybrid-
              drive technology into current and future tactical fleet 
              of military ground vehicles.
Sec. 103. Conversion of Department of Defense fleet of non-tactical 
              motor vehicles to electric and hybrid motor vehicles.
Sec. 104. Ten-year extension of authorized initial term of contracts 
              for storage, handling or distribution of liquid fuels and 
              natural gas.
Sec. 105. Establishment of Department of Defense Joint Task Force for 
              Alternative Fuel Development.

                 TITLE II--INSTALLATION ENERGY SECURITY

Sec. 201. Funding for Installation Energy Test Bed.
Sec. 202. Funding for energy conservation projects.
Sec. 203. Report on energy-efficiency standards.
Sec. 204. Identification of energy-efficient products for use in 
              construction, repair, or renovation of Department of 
              Defense facilities.
Sec. 205. Core curriculum and certification standards for Department of 
              Defense energy managers.
Sec. 206. Requirement for Department of Defense to capture and track 
              data generated in metering department facilities.
Sec. 207. Establishment of milestones for achieving Department of 
              Defense 2025 renewable energy goal.
Sec. 208. Development of renewable energy sources on military lands.
Sec. 209. Development of renewable energy on military installations.

[[Page S3833]]

Sec. 210. Report on cross-agency renewable energy development efforts.
Sec. 211. Elimination of approval requirement for long-term contracts 
              for energy or fuel for military installations.
Sec. 212. Consideration of energy security in developing energy 
              projects on military installations using renewable energy 
              sources.
Sec. 213. Study on installation energy security and societal impacts.

     SEC. 2. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

       In this Act, the term ``congressional defense committees'' 
     means the Committees on Armed Services and Appropriations of 
     the Senate and the House of Representatives.

     SEC. 3. SENSE OF CONGRESS ON DEPARTMENT OF DEFENSE ENERGY 
                   SAVINGS INITIATIVES.

       It is the sense of Congress that--
       (1) the Department of Defense should develop, test, field, 
     and maintain operationally-effective technologies that reduce 
     the energy needs of forward-deployed forces;
       (2) the Secretary of Defense should ensure the energy 
     security of Department of Defense facilities;
       (3) the Assistant Secretary of Defense for Operational 
     Energy Plans and Programs and the Deputy Under Secretary of 
     Defense for Installations and Environment should act in 
     concert to implement strategies and coordinate activities 
     across the services to meet Department-wide and service 
     energy goals, including service initiatives such as the 
     Navy's Great Green Fleet, the Air Force's alternative fuel 
     certification program, the Army's Net Zero installation pilot 
     program, and the Marine Corps experimental forward operating 
     base project; and
       (4) in general, the Department of Defense should 
     aggressively pursue opportunities to save energy, reduce 
     energy-related costs, decrease reliance on foreign oil, 
     decrease the energy-related logistics burden for deployed 
     forces, ensure the long-term sustainability of military 
     installations, and strengthen United States energy security.

     SEC. 4. WAIVER AUTHORITY.

       (a) In General.--The Secretary of Defense may waive the 
     implementation or operation of a provision of this Act or an 
     amendment made by this Act if the Secretary certifies to 
     Congress that implementation or continued operation of such 
     provision would adversely impact the national security of the 
     United States.
       (b) Intelligence Activity Waiver.--The Director of National 
     Intelligence may, in consultation with the Secretary of 
     Defense, exempt an intelligence activity of the United 
     States, and related personnel, resources, and facilities, 
     from a provision of this Act or an amendment made by this Act 
     to the extent the Director and Secretary determine necessary 
     to protect intelligence sources and methods from unauthorized 
     disclosure.

                  TITLE I--OPERATIONAL ENERGY SECURITY

     SEC. 101. JOINT CONTINGENCY BASE RESOURCE PILOT PROJECT.

       (a) Pilot Project Authorized.--
       (1) In general.--The Secretary of Defense shall, in 
     consultation with the Secretary of Energy, as appropriate, 
     carry out a pilot project to assess the feasibility and 
     advisability of various joint and multi-service mechanisms to 
     decrease energy usage by deployed military units, including 
     by minimizing at forward operating bases the production of 
     waste water, consumption of drinking water, energy, and 
     materials, and reducing impacts on habitat and perimeter 
     security and by maximizing capacity and effectiveness at such 
     bases while promoting operational independence from supply 
     lines and minimizing the resource footprint. The Secretary of 
     Defense shall designate a lead officer for the pilot project.
       (2) Mechanisms to be assessed.--The mechanisms assessed 
     under the pilot project shall include new energy and energy-
     efficiency technologies and such other systems, components, 
     and technologies as the Secretary shall identify for purposes 
     of the pilot project.
       (3) Utilization of small business.--In carrying out the 
     pilot project, the Secretary shall, to the extent 
     practicable, seek to work with small businesses through 
     small-scale procurement of systems, components, and 
     technologies described in paragraph (2).
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated for fiscal year 2012 $4,000,000 to carry 
     out the pilot project authorized by subsection (a).

     SEC. 102. RESEARCH AND DEVELOPMENT ACTIVITIES TO INCORPORATE 
                   HYBRID-DRIVE TECHNOLOGY INTO CURRENT AND FUTURE 
                   TACTICAL FLEET OF MILITARY GROUND VEHICLES.

       (a) Identification of Usable Hybrid-drive Technology.--Not 
     later than one year after the date of the enactment of this 
     Act, the Secretary of Defense, in consultation with the 
     Secretaries of the military departments and the Secretary of 
     Energy, as appropriate, shall submit to Congress a report 
     identifying hybrid-drive technologies suitable for 
     incorporation into the next reset and recap of motor vehicles 
     of the current tactical fleet of the military services. In 
     identifying suitable hybrid-drive technologies, the Secretary 
     shall consider the feasibility and costs and benefits of 
     incorporating a hybrid-drive technology into each type and 
     variant of vehicle, including fuel savings, and the design 
     changes and amount of time required for incorporation.
       (b) Hybrid-drive Technology Defined.--In this section, the 
     term ``hybrid-drive technology'' means a propulsion system, 
     including the engine and drive train, that draws energy from 
     onboard sources of stored energy that involve--
       (1) an internal combustion or heat engine using combustible 
     fuel; and
       (2) a rechargeable energy storage system.

     SEC. 103. CONVERSION OF DEPARTMENT OF DEFENSE FLEET OF NON-
                   TACTICAL MOTOR VEHICLES TO ELECTRIC AND HYBRID 
                   MOTOR VEHICLES.

       (a) Conversion Required.--
       (1) In general.--Subchapter II of chapter 173 of title 10, 
     United States Code, is amended by inserting after section 
     2922c the following new section:

     ``Sec. 2922c-1. Conversion of Department of Defense non-
       tactical motor vehicle fleet to motor vehicles using 
       electric or hybrid propulsion systems

       ``(a) Deadline for Conversion.--Beginning on October 1, 
     2017, the Secretary of Defense, the Secretary of a military 
     department, or the head of a Defense Agency may not procure 
     non-tactical motor vehicles or buses unless such vehicles 
     use--
       ``(1) electric propulsion;
       ``(2) hybrid propulsion; or
       ``(3) an alternative propulsion system sufficient to make 
     such non-tactical motor vehicles and buses meet or exceed 
     applicable Corporate Average Fuel Economy standards.
       ``(b) Preference.--In procuring motor vehicles for use by a 
     military department or defense agency after the date of the 
     enactment of this section, the Secretary concerned or the 
     head of the defense agency shall provide a preference for the 
     procurement of non-tactical motor vehicles with a propulsion 
     system described in paragraph (1), (2), or (3) of subsection 
     (a), including plug-in hybrid systems, if the motor 
     vehicles--
       ``(1) will meet the requirement or the need for the 
     procurement; and
       ``(2) are commercially available at a cost reasonably 
     comparable, on the basis of life-cycle cost, to motor 
     vehicles containing only an internal combustion or heat 
     engine using combustible fuel.
       ``(c) Waiver Authority.--The Secretary of Defense may waive 
     the prohibitions under subsection (a) with respect to a class 
     of non-tactical vehicles if the Secretary determines that 
     there is a lack of commercial availability for the class of 
     vehicles or if the acquisition of such vehicles is cost 
     prohibitive.
       ``(d) Hybrid Defined.--In this section, the term `hybrid', 
     with respect to a motor vehicle, means a motor vehicle that 
     draws propulsion energy from onboard sources of stored energy 
     that are both--
       ``(1) an internal combustion or heat engine using 
     combustible fuel; and
       ``(2) a rechargeable energy storage system.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 2922c the following new item:

``2922c-1. Conversion of Department of Defense non-tactical motor 
              vehicle fleet to motor vehicles using electric or hybrid 
              propulsion systems.''.

       (b) Applicability.--The prohibition under section 2922c-
     1(a) of title 10, United States Code, as added by subsection 
     (a), does not apply to contracts for the procurement of non-
     tactical vehicles entered into before the date of the 
     enactment of this Act.

     SEC. 104. TEN-YEAR EXTENSION OF AUTHORIZED INITIAL TERM OF 
                   CONTRACTS FOR STORAGE, HANDLING OR DISTRIBUTION 
                   OF LIQUID FUELS AND NATURAL GAS.

       Section 2922 of title 10, United States Code, is amended--
       (1) in subsection (a), by adding at the end the following: 
     ``Contracts for the procurement of liquid fuels, or natural 
     gas entered into pursuant to this section shall comply with 
     the requirements of section 526 of the Energy Independence 
     and Security Act of 2007 (42 U.S.C. 17142).''.
       (2) in subsection (b), in the first sentence, by striking 
     ``5 years'' and inserting ``15 years''.

     SEC. 105. ESTABLISHMENT OF DEPARTMENT OF DEFENSE JOINT TASK 
                   FORCE FOR ALTERNATIVE FUEL DEVELOPMENT.

       (a) Establishment of Task Force.--The Assistant Secretary 
     of Defense for Operational Energy, Plans, and Programs shall 
     chair a joint task force for alternative fuel development, 
     consisting of the Secretaries of the military departments, or 
     their designees, the Assistant Secretary for Research and 
     Engineering, and other members determined appropriate. The 
     task force shall--
       (1) lead the military departments in the development of 
     alternative fuel;
       (2) streamline the current investments of each of the 
     military departments and ensure that such investments account 
     for the requirements of the military departments;
       (3) collaborate with and leverage investments made by the 
     Department of Energy and other Federal agencies to advance 
     alternative fuel development;
       (4) coordinate proposed alternative fuel investments in 
     accordance with section 138c(e) of title 10, United States 
     Code; and
       (5) focus its efforts on fuels that are compliant with the 
     provisions of section 526 of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17142).
       (b) Implementation.--The Assistant Secretary of Defense for 
     Operational Energy, Plans, and Programs shall prescribe 
     policy

[[Page S3834]]

     for the task force established pursuant to subsection (a) and 
     certify the budget associated with alternative fuel 
     investments of the Department of Defense.
       (c) Notification.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a copy of the 
     policy prescribed under subsection (b).

                 TITLE II--INSTALLATION ENERGY SECURITY

     SEC. 201. FUNDING FOR INSTALLATION ENERGY TEST BED.

       There is authorized to be appropriated $47,000,000 for each 
     of fiscal years 2012 through 2016 for research, development, 
     test, and evaluation, Defense-wide, for the Installation 
     Energy Test Bed (PE 0603XXXD8Z). As appropriate, all 
     Department of Defense projects funded through this program 
     shall be open and available to the Department of Energy and 
     its commercialization team.

     SEC. 202. FUNDING FOR ENERGY CONSERVATION PROJECTS.

       (a) Authorization To Obligate Funds.--The Secretary of 
     Defense may obligate, from amounts appropriated for military 
     construction, land acquisition, and military family housing 
     functions of the Department of Defense (other than the 
     military departments) and available to carry out energy 
     conservation projects, $135,000,000 for fiscal year 2012 to 
     carry out energy conservation projects under chapter 173 of 
     title 10, United States Code, to accelerate implementation of 
     the energy performance plan of the Department of Defense and 
     achievement of the energy performance goals established under 
     section 2911 of such title, as amended by this Act.
       (b) Authorization of Appropriations To Compensate for 
     Deficiency.--There is authorized to be appropriated to the 
     Secretary of Defense for fiscal year 2012 an amount equal to 
     the difference between--
       (1) the amount that may be obligated by the Secretary of 
     Defense under subsection (a); and
       (2) the amount appropriated for such fiscal year for 
     military construction, land acquisition, and military family 
     housing functions of the Department of Defense (other than 
     the military departments) and available to carry out energy 
     conservation projects.

     SEC. 203. REPORT ON ENERGY-EFFICIENCY STANDARDS.

       (a) Report Required.--Not later than January 30, 2013, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the energy-efficiency 
     standards utilized by the Department of Defense for military 
     construction.
       (b) Contents of Report.--The report shall include the 
     following:
       (1) A cost-benefit analysis, on a life cycle basis, of 
     adopting American Society of Heating, Refrigerating and Air-
     Conditioning Engineers (ASHRAE) building standard 189.1 
     versus 90.1 for sustainable design and development for the 
     construction and renovation of non-temporary buildings and 
     structures for the use of the Department of Defense.
       (2) Department of Defense policy prescribing a 
     comprehensive strategy for the development of design and 
     building standards across the Department that include 
     specific energy-efficiency standards and sustainable design 
     attributes for military construction based on the cost-
     benefit analysis required by paragraph (1), and consistent 
     with the requirement under subsection (c).
       (c) Energy Efficiency Standards.--The Secretary of Defense 
     shall prescribe Department-wide standards, to be effective no 
     later than January 1, 2014, for the design, construction, and 
     renovation of Department of Defense facilities that mandate 
     energy efficiency standards equivalent, at a minimum, to 
     ASHRAE building standard 189.1.

     SEC. 204. IDENTIFICATION OF ENERGY-EFFICIENT PRODUCTS FOR USE 
                   IN CONSTRUCTION, REPAIR, OR RENOVATION OF 
                   DEPARTMENT OF DEFENSE FACILITIES.

       (a) Responsibility of Secretary of Defense.--Section 
     2915(e) of title 10, United States Code, is amended by 
     striking paragraph (2) and inserting the following new 
     paragraph:
       ``(2)(A) Not later than December 31, 2012, the Secretary of 
     Defense shall prescribe a definition of the term `energy-
     efficient product' for purposes of this subsection and 
     establish and maintain a list of products satisfying the 
     definition. The definition and list shall be developed in 
     consultation with the Secretary of Energy to ensure, to the 
     maximum extent practicable, consistency with definitions of 
     the term used by other Federal agencies.
       ``(B) The Secretary shall modify the definition and list of 
     energy-efficient products as necessary, but not less than 
     annually, to account for emerging or changing technologies.
       ``(C) The list of energy-efficient products shall be 
     included as part of the energy performance master plan 
     developed pursuant to section 2911(b)(2) of this title. The 
     Secretary of Defense shall report any research on topics 
     related to technologies covered in this subsection being 
     funded at national laboratories to the relevant program 
     management offices of the Department of Energy to ensure 
     research agendas are coordinated, where appropriate.''.
       (b) Conforming Amendment to Energy Performance Master 
     Plan.--Section 2911(b)(2) of such title is amended by adding 
     at the end the following new subparagraph:
       ``(F) The up-to date list of energy-efficient products 
     maintained under section 2915(e)(2) of this title.''.

     SEC. 205. CORE CURRICULUM AND CERTIFICATION STANDARDS FOR 
                   DEPARTMENT OF DEFENSE ENERGY MANAGERS.

       (a) Training Program and Issuance of Guidance.--
       (1) In general.--Subchapter I of chapter 173 of title 10, 
     United States Code, is amended by inserting after section 
     2915 the following new section:

     ``Sec. 2915a. Facilities: department of defense energy 
       managers

       ``(a) Training Program Required.--The Secretary of Defense 
     shall establish a training program for Department of Defense 
     energy managers designated for military installations--
       ``(1) to improve the knowledge, skills, and abilities of 
     energy managers; and
       ``(2) to improve consistency among energy managers 
     throughout the Department in the performance of their 
     responsibilities.
       ``(b) Curriculum and Certification.--(1) The Secretary of 
     Defense shall identify core curriculum and certification 
     standards required for energy managers. At a minimum, the 
     curriculum shall include the following:
       ``(A) Details of the energy laws that the Department of 
     Defense is obligated to comply with and the mandates that the 
     Department of Defense is obligated to implement.
       ``(B) Details of energy contracting options for third-party 
     financing of facility energy projects.
       ``(C) Details of the interaction of Federal laws with State 
     and local renewable portfolio standards.
       ``(D) Details of current renewable energy technology 
     options, and lessons learned from exemplary installations.
       ``(E) Details of strategies to improve individual 
     installation acceptance of its responsibility for reducing 
     energy consumption.
       ``(F) Details of how to conduct an energy audit and the 
     responsibilities for commissioning, recommissioning, and 
     continuous commissioning of facilities.
       ``(2) The curriculum and certification standards shall 
     leverage the best practices of each of the military 
     departments.
       ``(3) The certification standards shall identify 
     professional qualifications required to be designated as an 
     energy manager.
       ``(c) Use of Existing Energy Certification Programs.--The 
     Deputy Under Secretary for Installations and Environment may 
     determine that an existing Federal energy certification 
     program is suitable to be used instead of the program 
     described in subsection (b) to improve the knowledge, skills, 
     and abilities of energy managers designated for military 
     installations.
       ``(d) Information Sharing.--The Secretary of Defense shall 
     ensure that there are opportunities and forums, not less than 
     annually, for energy managers to exchange ideas and lessons 
     learned within each military department, as well as across 
     the Department of Defense.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 2915 the following new item:

``2915a. Facilities: Department of Defense energy managers.''.

       (b) Issuance of Guidance.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall issue guidance for the implementation of the 
     core curriculum and certification standards for energy 
     managers required by section 2915a of title 10, United States 
     Code, as added by subsection (a).
       (c) Briefing Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense, or designated representatives of the Secretary, 
     shall brief the Committees on Armed Services of the Senate 
     and House of Representatives regarding the details of the 
     energy manager core curriculum and certification 
     requirements.

     SEC. 206. REQUIREMENT FOR DEPARTMENT OF DEFENSE TO CAPTURE 
                   AND TRACK DATA GENERATED IN METERING DEPARTMENT 
                   FACILITIES.

       (a) Study.--The Secretary of Defense shall conduct a study 
     on the collection of data generated in the energy metering of 
     Department of Defense facilities, including an assessment of 
     what data is most relevant to energy efficiency 
     determinations and an examination of methods to collect such 
     data. The study shall include recommendations for 
     transmitting metering data electronically in a way that 
     ensures protection from cyberthreats.
       (b) Data Capture Requirement.--The Secretary of Defense 
     shall require that the information generated by the 
     installation energy meters be captured and tracked to 
     determine baseline energy consumption and facilitate efforts 
     to reduce energy consumption. The data shall be made 
     available to procurement officials to enable decisions 
     regarding technology acquisitions to include consideration of 
     relevant energy efficiency information.

     SEC. 207. ESTABLISHMENT OF MILESTONES FOR ACHIEVING 
                   DEPARTMENT OF DEFENSE 2025 RENEWABLE ENERGY 
                   GOAL.

       Section 2911(e) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) In achieving the goal specified in paragraph (1) 
     regarding the use of renewable energy by the Department of 
     Defense--
       ``(A) after September 30, 2015, the Department shall 
     produce or procure from renewable energy sources not less 
     than 12 percent

[[Page S3835]]

     of the total quantity of facility energy it consumes within 
     its facilities;
       ``(B) after September 30, 2018, the Department shall 
     produce or procure from renewable energy sources not less 
     than 16 percent of the total quantity of facility energy it 
     consumes within its facilities; and
       ``(C) after September 30, 2021, the Department shall 
     produce or procure from renewable energy sources not less 
     than 20 percent of the total quantity of facility energy it 
     consumes within its facilities.''.

     SEC. 208. DEVELOPMENT OF RENEWABLE ENERGY SOURCES ON MILITARY 
                   LANDS.

       (a) Expansion of Current Geothermal Authority.--Section 
     2917 of title 10, United States Code, is amended--
       (1) by striking ``The Secretary'' and inserting ``(a) In 
     General.--The Secretary'';
       (2) by striking ``geothermal energy resource'' and 
     inserting ``renewable energy source''; and
       (3) by adding at the end the following new subsections:
       ``(b) Consideration of Energy Security.--The development of 
     a renewable energy resource under subsection (a) shall 
     include consideration of energy security in the design and 
     development of the project to ensure that it does not have an 
     adverse impact on mission needs.
       ``(c) Definitions.--In this section:
       ``(1) Renewable energy.--The term `renewable energy' means 
     electric energy generated from--
       ``(A) solar energy;
       ``(B) wind energy;
       ``(C) marine and hydrokinetic renewable energy;
       ``(D) geothermal energy;
       ``(E) qualified hydropower;
       ``(F) biomass; or
       ``(G) landfill gas.
       ``(2) Biomass.--The term `biomass' has the meaning given 
     the term in section 203(b) of the Energy Policy Act of 2005 
     (42 U.S.C. 15852(b)).
       ``(3) Qualified hydropower.--
       ``(A) In general.--The term `qualified hydropower' means--
       ``(i) incremental hydropower;
       ``(ii) additions of capacity made on or after January 1, 
     2001, or the effective commencement date of an existing 
     applicable State renewable electricity standard program at an 
     existing non-hydroelectric dam, if--

       ``(I) the hydroelectric project installed on the non-
     hydroelectric dam--

       ``(aa) is licensed by the Federal Energy Regulatory 
     Commission, or is exempt from licensing, and is in compliance 
     with the terms and conditions of the license or exemption; 
     and
       ``(bb) meets all other applicable environmental, licensing, 
     and regulatory requirements, including applicable fish 
     passage requirements;

       ``(II) the non-hydroelectric dam--

       ``(aa) was placed in service before the date of enactment 
     of this section;
       ``(bb) was operated for flood control, navigation, or water 
     supply purposes; and
       ``(cc) did not produce hydroelectric power as of the date 
     of enactment of this section; and

       ``(III) the hydroelectric project is operated so that the 
     water surface elevation at any given location and time that 
     would have occurred in the absence of the hydroelectric 
     project is maintained, subject to any license requirements 
     imposed under applicable law that change the water surface 
     elevation for the purpose of improving the environmental 
     quality of the affected waterway, as certified by the Federal 
     Energy Regulatory Commission; and

       ``(iii) in the case of the State of Alaska--

       ``(I) energy generated by a small hydroelectric facility 
     that produces less than 50 megawatts;
       ``(II) energy from pumped storage; and
       ``(III) energy from a lake tap.

       ``(B) Standards.--Nothing in this paragraph or the 
     application of this paragraph shall affect the standards 
     under which the Federal Energy Regulatory Commission issues 
     licenses for and regulates hydropower projects under part I 
     of the Federal Power Act (16 U.S.C. 791a et seq.).''.
       (b) Clerical Amendments.--
       (1) Section heading.--The heading of such section is 
     amended to read as follows:

     ``Sec. 2917. Development of renewable energy sources on 
       military lands''.

       (2) Table of sections.--The table of sections at the 
     beginning of subchapter I of chapter 173 of such title is 
     amended by striking the item relating to section 2917 and 
     inserting the following new item:

``2917. Development of renewable energy sources on military lands.''.

     SEC. 209. DEVELOPMENT OF RENEWABLE ENERGY ON MILITARY 
                   INSTALLATIONS.

       (a) Military Installations Study.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of the Interior, the 
     Secretary of Agriculture, the Secretary of Energy, and the 
     heads of other Federal agencies, as appropriate, shall 
     complete a study identifying locations on military 
     installations and ranges, including military installations 
     and ranges composed in whole or in part from lands withdrawn 
     from the public domain or subject to a special use permit 
     issued by the United States Forest Services that--
       (A) exhibit a high potential for solar, wind, geothermal, 
     and other renewable energy production; and
       (B) could be developed for renewable energy production in a 
     manner consistent with--
       (i) all present and reasonably foreseeable military 
     training and operational mission needs and research, 
     development, testing, and evaluation requirements; and
       (ii) all applicable environmental requirements.
       (2) Notice of intent to prepare environmental impact 
     analysis.--Not later than 1 year after the completion of the 
     study required under paragraph (1), the Secretary of Defense, 
     in consultation with the Secretary of the Interior, the 
     Secretary of Agriculture, the Secretary of Energy, and the 
     heads of other Federal agencies, as appropriate, shall 
     prepare and publish in the Federal Register a Notice of 
     Intent initiating the process to prepare an environmental 
     impact analysis document to support a program to develop 
     renewable energy on any lands identified in the study as 
     suitable for such production.
       (3) Use of existing studies and assessments.--The study 
     required by paragraph (1) shall, to the extent possible, draw 
     from existing studies and assessments of the Department of 
     Defense, other Federal agencies, and such other studies as 
     may be determined by the Secretary of Defense to be relevant.
       (b) Additional Matters.--The Secretary of Defense, in 
     consultation with the Secretary of the Interior, the 
     Secretary of Agriculture, the Secretary of Energy, and the 
     heads of other Federal agencies, as appropriate, shall, not 
     later than 2 years after the date of the enactment of this 
     Act, prepare a report that--
       (1) addresses the legal authorities governing authorization 
     for the development of renewable energy facilities on 
     military installations and ranges, including those composed 
     in whole or in part from lands withdrawn from the public 
     domain or subject to a special use permit issued by the 
     United States Forest Service, and identifies Federal and 
     State statutory and regulatory constraints to the development 
     of renewable energy facilities on installations and ranges 
     designed to produce power in excess of the current or 
     projected requirements of the military installation or range 
     concerned;
       (2) contains recommendations to facilitate and incentivize 
     large-scale renewable development on military installations 
     and ranges, including those composed in whole or in part from 
     lands withdrawn from the public domain or subject to a 
     special use permit issued by the United States Forest 
     Service; and
       (3) contains recommendations on--
       (A) necessary changes in any law or regulation;
       (B) whether the authorization for the use of such lands for 
     development of renewable energy projects should be pursuant 
     to lease, contract, right-of-way, permit, or other form of 
     authorization;
       (C) methods of improving coordination among the Federal, 
     State, and local agencies, if any, involved in authorizing 
     renewable energy projects; and
       (D) the disposition of revenues resulting from the 
     development of renewable energy projects on such lands.
       (c) Submission of Study and Report.--The Secretary shall, 
     upon their completion, submit the study required by paragraph 
     (a) and the report required by paragraph (b) to the Committee 
     on Armed Services, the Committee on Energy and Natural 
     Resources, and the Committee on Appropriations of the Senate 
     and the Committee on Armed Services, the Committee on Natural 
     Resources, and the Committee on Appropriations of the House 
     of Representatives.

     SEC. 210. REPORT ON CROSS-AGENCY RENEWABLE ENERGY DEVELOPMENT 
                   EFFORTS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense, in consultation with the 
     Secretary of Energy, the Secretary of the Interior, and the 
     heads of other Federal agencies, as appropriate, shall submit 
     to Congress a report addressing cross-jurisdictional issues 
     involved with the development of renewable energy on military 
     installations and ranges, including military installations 
     and ranges composed in whole or in part from lands withdrawn 
     from the public domain or subject to a special use permit 
     issued by the United States Forest Service. The report shall 
     include a description of the authority to approve such 
     development and options for disposition or use of funds 
     generated from these renewable energy projects.

     SEC. 211. ELIMINATION OF APPROVAL REQUIREMENT FOR LONG-TERM 
                   CONTRACTS FOR ENERGY OR FUEL FOR MILITARY 
                   INSTALLATIONS.

       Section 2922a of title 10, United States Code, is amended--
       (1) in subsection (a), by striking ``Subject to subsection 
     (b), the Secretary of a military department'' and inserting 
     ``The Secretary of a military department'';
       (2) by striking subsection (b); and
       (3) by redesignating subsection (c) as subsection (b).

     SEC. 212. CONSIDERATION OF ENERGY SECURITY IN DEVELOPING 
                   ENERGY PROJECTS ON MILITARY INSTALLATIONS USING 
                   RENEWABLE ENERGY SOURCES.

       (a) Policy of Pursuing Energy Security.--
       (1) Policy required.--The Secretary of Defense shall 
     establish a policy under which favorable consideration is 
     given for energy security in the design and development of 
     renewable energy projects on military installations and 
     ranges.

[[Page S3836]]

       (2) Notification.--The Secretary of Defense shall provide 
     notification to Congress within 30 days after entering into 
     any agreement for a facility energy project described in 
     paragraph (1) that excludes pursuit of energy security on the 
     grounds that inclusion of energy security is cost 
     prohibitive. The Secretary shall also provide a cost-benefit 
     analysis of the decision.
       (3) Energy security defined.--In this subsection, the term 
     ``energy security'' has the meaning given that term in 
     section 2924 of title 10, United States Code, as added by 
     subsection (d).
       (b) Additional Consideration for Developing and 
     Implementing Energy Performance Goals and Energy Performance 
     Master Plan.--Section 2911(c) of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(12) Opportunities for improving energy security for 
     facility energy projects that will use renewable energy 
     sources.''.
       (c) Reporting Requirement.--Section 2925(a)(3) of such 
     title is amended by inserting ``whether the project 
     incorporates energy security into its design,'' after 
     ``through the duration of each such mechanism,''.
       (d) Energy Security Defined.--
       (1) In general.--Subchapter III of chapter 173 of title 10, 
     United States Code, is amended by inserting before section 
     2925 the following new section:

     ``Sec. 2924. Energy security defined

       ``(a) In General.--In this chapter, the term `energy 
     security' means having assured access to reliable supplies of 
     energy and the ability to protect and deliver sufficient 
     energy to meet operational needs.
       ``(b) Pursuit of Energy Security.--In selecting facility 
     energy projects on a military installation that will use 
     renewable energy sources, pursuit of energy security means 
     the installation will give favorable consideration to 
     projects that provide power directly into the installation 
     electrical distribution network. In such cases, this power 
     should be prioritized to provide the power necessary for 
     critical assets on the installation in the event of a 
     disruption in the commercial grid.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting before 
     the item relating to section 2925 the following new section:

``2924. Energy security defined.''.

       (e) Study on Use of Renewable Energy to Improve Energy 
     Security.--
       (1) Study.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall enter 
     into a contract with an independent entity to conduct a study 
     on the use of renewable energy generation to improve energy 
     security at military installations.
       (2) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Secretary of Defense, in 
     consultation with the Chief Information Officer and the 
     relevant energy offices within the Department of Defense, 
     shall submit to the congressional defense committees a report 
     on the study conducted under paragraph (1), together with the 
     Secretary's recommendations for using renewable energy 
     generation to improve energy security at military 
     installations.

     SEC. 213. STUDY ON INSTALLATION ENERGY SECURITY AND SOCIETAL 
                   IMPACTS.

       (a) Study.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall enter 
     into a contract with an independent entity to conduct a study 
     on energy security issues at military installations and 
     related societal impacts.
       (b) Elements.--The study required under subsection (a) 
     shall include the following elements:
       (1) A discussion of policy considerations, including 
     engagement with utilities, transmission companies, and other 
     entities involved in the incorporation of microgrids or other 
     secure power generation infrastructure on military 
     installations designed to assure continued mission-critical 
     power in the event of a failure or extended interruption in 
     the commercial power grid.
       (2) An analysis of--
       (A) whether, in the event a military installation has the 
     continued use of a secure microgrid during a power disruption 
     in an adjacent community lasting more than 36 hours, the 
     military installation should have the capability and energy-
     generating capacity in excess of that required to assure 
     continuation of mission-critical power in order to allow 
     delivery of emergency power support to non-Department of 
     Defense facilities and users providing emergency services and 
     other critical functions in an adjacent community;
       (B) the policy and other implications of not developing the 
     capability and capacity described in subparagraph (A);
       (C) the budgetary implication of developing the capability 
     and capacity described in subparagraph (A); and
       (D) the potential sources of funding from entities outside 
     the Department of Defense required to develop the capability 
     and capacity described in subparagraph (A).
       (c) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report on the study conducted under this 
     section, together with a plan for implementing the 
     recommendations of the study.
                                 ______
                                 
      By Mr. ROCKEFELLER (for himself, Mr. Bingaman, Ms. Stabenow, Mr. 
        Blumenthal, Mr. Brown of Ohio, Mrs. Boxer, Mr. Franken, and Mr. 
        Merkley):
  S. 1206. A bill to amend title XVIII of the Social Security Act to 
require drug manufacturers to provide drug rebates for drugs dispensed 
to low-income individuals under the Medicare prescription drug benefit 
program; to the Committee on Finance.
  Mr. ROCKEFELLER. Mr. President, I rise today to introduce the 
Medicare Drug Savings Act of 2011. I am proud to be joined by my 
colleagues Senator Jeff Bingaman of New Mexico, Senator Debbie Stabenow 
of Michigan, Senator Richard Blumenthal of Connecticut, Senator Sherrod 
Brown of Ohio and Senator Barbara Boxer of California, in introducing 
this important piece of legislation.
  The Republican budget would end Medicare as we know it, replacing it 
with a voucher program that would double seniors' out of pocket costs 
and leave them at the mercy of private insurance companies. It would 
also decimate the Medicaid program, leaving millions of vulnerable 
individuals including seniors, children, and people with disabilities 
with nowhere to turn for care. We need to responsibly reduce our 
deficit, but taking away health care for seniors and other vulnerable 
people should be off the table. Rather than dismantling Medicare and 
Medicaid, we can save hundreds of billions of dollars by holding drug 
companies accountable and using the purchasing power of the federal 
government to negotiate lower drug prices.
  That is why we are introducing the Medicare Drug Savings Act. The 
bill will eliminate a special deal from the 2003 Medicare prescription 
drug law that allows drug companies to charge Medicare higher prices 
for some seniors' prescription drugs. It would require prescription 
drug manufacturers to pay rebates to Medicare for dually eligible 
beneficiaries in Medicare and Medicaid. This proposal would reduce the 
deficit, saving taxpayers an estimated $112 billion over the next ten 
years, according to the Congressional Budget Office. Similar proposals 
were also included in the recommendations from the President's 
Commission on Fiscal Responsibility and Reform, and the President's 
framework for deficit reduction.
  Prior to the creation of the Medicare prescription drug program, 
brand-name drug manufacturers paid a drug rebate for dually eligible 
beneficiaries in Medicare and Medicaid. However, when the new Medicare 
drug program was established, drug companies no longer had to provide 
these rebates, resulting in windfall profits for prescription drug 
manufacturers, at taxpayers' expense.
  The Medicare Drug Savings Act would require prescription drug 
manufacturers to provide a rebate for drugs provided to dually eligible 
beneficiaries as well as all other enrollees in the low-income-subsidy, 
LIS, plan in the Medicare Part D Prescription Drug Program. 
Manufacturers would be required to pay the difference between the 
lowest current rebates they are paying to private Part D drug plans, 
and, the percentage of Average Manufacture Price, AMP, they currently 
pay under Medicaid, plus an additional rebate if their prices grow 
additional inflation. They would be required to participate in the 
rebate program in order for their drugs to be covered by Medicare Part 
D.
  I urge my colleagues to support this bill. In doing so, we will 
protect Medicare for seniors, and end a giveaway to drug companies that 
is costing taxpayers hundreds of billions of dollars.
                                 ______
                                 
      By Mr. PRYOR (for himself and Mr. Rockefeller):
  S. 1207. A bill to protect consumers by requiring reasonable security 
policies and procedures to protect data containing personal 
information, and to provide for nationwide notice in the event of a 
security breach; to the Committee on Commerce, Science, and 
Transportation.
  Mr. ROCKEFELLER. Mr. President, I rise to say a few words on the 
introduction of the Data Security and Breach Notification Act. Senator 
Pryor and I introduced this bill in the 111th Congress, and given the 
recent high-profile data breaches that have endangered the well-being 
of millions of ordinary American consumers, today's reintroduction of 
this comprehensive bill is

[[Page S3837]]

timely. I want to thank and commend Senator Pryor for his leadership on 
this issue and for his terrific work as Chairman of the Consumer 
Protection Subcommittee on the Commerce Committee.
  As the recent breaches at Citigroup, Sony, and Epsilon have taught 
us, companies that collect and store sensitive consumer information 
should have two important obligations: to maintain that information in 
a manner that is safe and secure; and to notify affected consumers as 
quickly as possible in the wake of a security breach in order to allow 
them to take necessary steps to protect themselves. Senator Pryor's and 
my bill addresses both of these obligations. Currently, 47 States have 
data breach notification laws on the books, but very few address how 
companies should secure their data from the outset to prevent such 
breaches.
  Our bill calls on the Federal Trade Commission to promulgate 
regulations that direct companies to establish and maintain reasonable 
protocols to secure consumer data from unauthorized access. In this 
regard, the bill also has specific provisions addressing data brokers, 
which are companies that collect and sell massive amounts of 
information on individuals, largely without their knowledge. The Data 
Security and Breach Notification Act would allow consumers to access 
and, if necessary, correct the personal information that these data 
brokers maintain and sell.
  Furthermore, if a security breach occurs, our bill requires companies 
to notify affected consumers unless there is no reasonable risk of 
identity theft, fraud or unlawful conduct. This breach notification 
standard is very important and reflects the most consumer-protective 
standard in the country. The presumption is that companies should 
notify consumers of a breach. However, if the breached entity 
determines that there is no reasonable risk of harm, for instance, if 
the company has made the data unusable through advanced encryption 
technology, then they are spared this obligation. The FTC and state 
Attorneys General are tasked with enforcing the law.
  The Commerce Committee has a long, well-established history of 
addressing data security issues, and the Committee has reported data 
security bills in past Congresses. As Chairman of the Commerce 
Committee, I intend to work with Senator Pryor to enact this bill into 
law. Majority Leader Reid has introduced a cyber-security bill that 
provides for the inclusion of a data security section, and the Obama 
Administration has also released a cybersecurity proposal that contains 
a breach notification provision. The bill that Senator Pryor and I have 
introduced is a carefully balanced bill that protects consumers, but 
also addresses the legitimate needs of business and does not impose 
needless regulations and obligations. This bill has wide support from 
both the consumer groups and many sectors in the business community, 
and I will work with Senator Pryor to address further concerns in order 
to garner consensus.
                                 ______
                                 
      By Mr. WYDEN (for himself, Ms. Murkowski, Mrs. Murray, Mr. 
        Begich, and Ms. Cantwell):
  S. 1208. A bill to provide an election to terminate certain capital 
construction funds without penalties; to the Committee on Finance.
  Mr. WYDEN. Mr. President, today I am reintroducing a bill to reform 
the Capital Construction Fund to address major changes in the Nation's 
fisheries and to allow the Nation's fishers to have access to needed 
funds to prevent overfishing and to help create jobs.
  The Capital Construction Fund, CCF, program was originally developed 
at a time when American fishers were having a hard time competing with 
highly efficient foreign fishing vessels, modern boats that often 
harvested U.S. fishery resources within sight of our own shores. The 
initial idea behind the CCF Program was to enable U.S. fishers to 
accumulate the funds necessary to develop a modern fishing fleet by 
allowing them to deposit a portion of their fishing-related earnings 
into a CCF savings account on a tax-deferred basis. Under the CCF 
program, monies subsequently withdrawn from the CCF accounts would 
remain tax free as long as they were invested in new or rebuilt fishing 
vessels. At the same time, any unauthorized withdrawals from CCF 
accounts were subject to severe interest and other penalties.
  The program was a success; the CCF program helped the U.S. industry 
build a modern state-of-the-art fishing fleet. Unfortunately, that 
fleet has now become overcapitalized, a problem that has been 
exacerbated as managers have become more and more concerned about 
potential overfishing and have begun to reduce the amount of fish that 
they allow fishers to catch each year. As a result, the U.S. commercial 
fishing fleet now has more harvesting capacity than the U.S. fishery 
resource can sustainably support. The problem now is that the monies 
that remain on deposit in CCF accounts represent a potential for 
further overcapitalization at a time when less capitalization is 
needed. Yet the CCF regulations currently penalize withdrawals made for 
anything other than a bigger or better boat.
  The issue now is what to do about the money that remains ``stranded'' 
in existing CCF accounts. Ironically, just as the current generation of 
fishers is getting ready to retire, the program puts heavy penalties on 
them if they take money out of their CCF accounts without using it for 
anything other than to further capitalize an already overcapitalized 
fleet.
  The resulting situation is problematic for the fishers, the industry 
and the resource. That's why I am reintroducing legislation today along 
with my colleague Senator Murkowski--to address the problem of stranded 
capital still on deposit in various CCF accounts and to relieve the 
pressure to increase further capitalization of the fishing fleet. My 
legislation will enable CCF fundholders to make a one-time withdrawal 
from their CCF accounts without requiring them to reinvest it in the 
fishing industry. Instead, they will be required to pay the taxes due 
on the monies withdrawn, but without having to pay interest or other 
penalties on such withdrawals. Those funds would be freed up for other 
purposes, including starting a new business and finding other ways to 
support and create jobs. An income-averaging formula would be applied 
to the withdrawals so as to avoid an excessive tax rate on the one-time 
withdrawal. The fishers taking advantage of such an opportunity to take 
money out of their CCF accounts penalty free would then be required to 
close their CCF accounts and would be prohibited from further 
participation in the program. This is a win-win-win situation. The 
fisher gets to take the money out of his CCF without having to pay 
penalties and interest, but still pays the taxes when due; the 
government gets taxes on the withdrawals; and the resource and the 
fishers who remain in the fishery avoid further capitalization of an 
already overcapitalized industry.
  I look forward to working with Senator Murkowski, the fishing 
community, and the bill's other supporters to advance this legislation 
to the President's desk.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Ms. Collins, Mr. Reed, and Mrs. 
        Boxer):
  S. 1211. A bill amend the Federal Food, Drug, and Cosmetic Act to 
preserve the effectiveness of medically important antibiotics used in 
the treatment of human and animal diseases; to the Committee on Health, 
Education, Labor, and Pensions.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce the 
Preservation of Antibiotics for Medical Treatment Act of 2011.
  Introducing this bill today is bittersweet. As my colleagues know, we 
have been working to pass this bill for almost a decade now. But for 
all those years it was one of our dearest colleagues, Senator Ted 
Kennedy, who stood before this body to introduce the legislation.
  We certainly miss Senator Kennedy's leadership, his passion, his 
dedication and his political skill.
  But as I stand here today to introduce the Preservation of 
Antibiotics for Medical Treatment Act, I know that he would be proud to 
see the continued work and support for this bill.
  Today, I am joined by Senator Collins, Senator Reed of Rhode Island 
and Senator Boxer as original cosponsors of this legislation.
  It is my hope that in this Congress we can make some positive changes 
in this important area.

[[Page S3838]]

  Let me start by explaining what the Preservation of Antibiotics for 
Medical Treatment Act does.
  The Preservation of Antibiotics for Medical Treatment Act directs the 
Food and Drug Administration to regulate the misuse of antibiotics in 
agriculture. It requires drug companies and producers to demonstrate 
that they are using antibiotics to treat clinically diagnosable 
diseases in farm animals. It requires that companies defend the process 
of adding gross amounts of antibiotics to the feed and water of 
livestock and it requires them to prove that this practice does not 
contribute to antibiotic-resistance among humans.
  Unfortunately, it has become a common practice in industrial 
agriculture to use antibiotics for ``growth promotion.'' This practice 
allows for animals kept in cramped quarters to grow artificially fast, 
and artificially fat.
  The most concerning part is that the low doses of antibiotics fed to 
these animals breed antibiotic resistant pathogens. These pathogens 
make their way into our food, our water, and our communities.
  Antibiotic resistance is one of the most significant public health 
challenges facing us today, and numerous peer-reviewed studies have 
concluded that the overuse of antibiotics in animal agriculture is 
making the problem worse.
  A recent study published in the medical journal Clinical Infectious 
Diseases found that nearly 50 percent of grocery store meat was 
contaminated with antibiotic resistant pathogens. Even more concerning, 
25 percent of all meat was contaminated with pathogens that were 
resistant to three or more types of antibiotics.
  I have heard for years that antibiotics were the closest thing to a 
``silver bullet'' in human medicine. But today, tens of thousands of 
people in the U.S. die each year from antibiotic resistant infections. 
So unfortunately we are learning the hard way that these precious, life 
saving drugs no longer work as well as they once did.
  Antibiotic resistance is a real and growing problem, and its causes 
are man-made.
  As our use of antimicrobial drugs has increased, so has the ability 
of bacteria to withstand their effects. The only way to preserve the 
effectiveness of antibiotics is to use them responsibly.
  In human medicine, this means that doctors must use better discretion 
when prescribing antibiotics. As patients, we must do our part and 
finish the prescriptions given to us.
  But antibiotics are also used in animal medicine, so veterinarians 
and farmers must also ensure that antibiotics are used responsibly.
  I was surprised to learn that the Union of Concerned Scientists 
estimates that 84 percent of all antibiotic usage in this country is in 
animals such as chickens, pigs, and cattle. Even more surprising is the 
vast majority of antibiotic consumption by livestock is by animals that 
show no clinical signs of illness.
  This type of treatment, referred to by doctors and veterinarians as 
non-therapeutic, creates the perfect breeding ground for antibiotic 
resistant bacteria. Unlike therapeutic doses of medicine that are 
prescribed when we, or any other animal gets sick, non-therapeutic 
doses of antibiotics are routinely added to the food or water of 
livestock that are not ill.
  These doses are not large enough, or powerful enough, to eliminate 
all the bacteria inside their bodies. Instead, the small dose of 
antibiotics only kills off the weakest bacteria; leaving the strongest, 
most resistant bacteria behind to reproduce.
  Recognizing the impending health crisis, some have taken dramatic 
action. In 1998, Denmark became the first country to ban the routine 
use of antibiotics in the food and water of livestock. The entire 
European Union followed suit in 2006. Australia, New Zealand, Chile, 
Korea, Thailand, the Philippines, and Japan have also implemented full 
or partial bans on non-therapeutic uses of antibiotics.
  But the majority of producers in the U.S. have not followed suit; and 
it is time for a wakeup call.
  That is why I am reintroducing the Preservation of Antibiotics for 
Medical Treatment Act. This legislation implements a precautionary 
principle when it comes to using antibiotics and requires that 
producers and drug companies affirmatively demonstrate that the non-
therapeutic antibiotics in livestock production do not contribute to 
the incidence of antibiotic resistant infections in humans.
  Put simply, if growth promoting antibiotics can't be used safely, 
they shouldn't be used at all.
  The real strength of this legislation is that it takes an incremental 
approach. The new regulations regarding antibiotic use under PAMTA 
would only apply to the limited number of antibiotics that are critical 
to human health and are used non-therapeutically.
  This means that any drug not used in human medicine is left untouched 
by this legislation.
  PAMTA also preserves the ability of farmers to use all available 
antibiotics to treat sick animals.
  By focusing on only the most egregious misuses of medically important 
antibiotics, PAMTA tackles the problem of antibiotic resistance where 
we know we can make the most difference.
  I understand that some question the need for this legislation; they 
say that there is no evidence that antibiotic use in agriculture leads 
to infections in humans.
  Unfortunately they are wrong.
  Rear Admiral Ali S. Khan, MD, MPH, Assistant Surgeon General and 
Director of the Office of Public Health Preparedness and Response at 
the Centers for Disease Control and Prevention recently testified in 
front of the House Energy Committee that ``studies related to 
Salmonella as both a human and animal pathogen, including many studies 
in the United States, have demonstrated that use of antibiotic agents 
in food animals results in antibiotic resistant bacteria in food 
animals, resistant bacteria are present in the food supply and are 
transmitted to humans, and resistant bacterial infections result in 
adverse human health consequences, e.g., increased hospitalization.
  Doctor Joshua Sharfstein, Principal Deputy Commissioner of the Food 
and Drug Administration also testified at the hearing and agreed with 
Rear Admiral Khan. The FDA, he said, ``supports the conclusion that 
using medically important antimicrobial drugs for production purposes 
is not in the interest of protecting and promoting the public health.''
  Quantitative evidence from the EU and Canada also support these 
conclusions. In response to public health concerns about the rise of 
cephalosporin, an antibiotic, resistance in Salmonella and E. coli, 
chicken hatcheries in Quebec voluntarily stopped using the drug in 
February 2005. Following the ban, the public health agency of Canada 
reported a dramatic 89 percent decrease in the incidence of resistant 
salmonella in chicken meat and 77 percent decrease in related human 
infections. Once the drug was partially reintroduced in 2007, 
antibiotic resistant infections in people jumped back up 50 percent.

  Unfortunately we are fighting an uphill battle with antibiotic 
resistant infections. Our tools and resources are diminishing even 
while the number and severity of these infections are increasing.
  One example is Methicillin-resistant Staphylococcus aureus, or MRSA. 
According to the Centers for Disease Control and Prevention, CDC, MRSA 
infections in 1974 accounted for only two percent of the total number 
of staph infections; in 1995 it was 22 percent; and by 2004 it was 63 
percent.
  CDC estimates that by 2005, there were 94,360 MRSA infections in the 
United States. Tragically, about 19,000 of them, 20 percent, were fatal 
because MRSA is nearly immune to almost every antibiotic used in modern 
medicine.
  By comparison, in 2005 there were 17,011 deaths due to AIDS; so the 
scope and consequence of this problem is stunning.
  Of course not all MRSA is derived from the overuse of antibiotics on 
the farm. Many infections are acquired in the hospital, and it is 
believed that these bacteria became resistant to antibiotics due to the 
misuse of drugs in human medicine.
  But MRSA is also infecting individuals who have not been in a 
hospital setting.
  There is strong evidence that at least one strain of MRSA infecting 
people is

[[Page S3839]]

coming directly from livestock. This strain, known as ST398, has been 
shown to disproportionately infect farmers and their families. Like all 
MRSA, ST398 is resistant to the antibiotics methicillin and oxacillin. 
But resistance to other antibiotics is also common among ST398 strains, 
which makes treatment especially challenging.
  A recent study by the CDC in December 2009 showed that hospital 
acquired strains of MRSA and community acquired MRSA strains such as 
ST398 are trending in opposite directions.
  The study found that community acquired MRSA, a type of MRSA that did 
not emerge in the hospital setting and is not contracted there, 
increased 700 percent between 1999 and 2006.
  By contrast, hospital acquired MRSA cases declined roughly 10 percent 
over this same time period.
  Over the past decade, it has become clear that MRSA is not just a 
problem for hospital administrators. More and more individuals are 
acquiring this devastating infection in their homes, at their gyms or 
in restaurants.
  While it is exceedingly difficult to determine the exact extent that 
antibiotic use in agriculture influences individual MRSA cases, we know 
for certain that statistical evidence overwhelmingly suggests that a 
reduction of antibiotic use in agriculture will result in a reduction 
of highly resistant MRSA cases.
  Since the Union of Concerned Scientists estimates that as much as 84 
percent of all antibiotic usage in this country is in veterinary 
medicine, one can reasonably conclude that a reduction of antibiotic 
use in agriculture will result in a reduction of highly resistant MRSA 
cases.
  The reason I am so committed to this legislation is that a reduction 
in highly resistant infections will save lives. One of my constituents 
shared a truly heartbreaking story.
  The Don family, from Ramona, California, is a tight knit family. They 
are active in the community, and loved by their neighbors. Until 
recently, like most happy, healthy families, antibiotic resistant 
infections just wasn't a subject that came up much.
  So when Mr. and Mrs. Don sent their son Carlos off to sixth grade 
camp in 2007, they never expected that an antibiotic resistant 
infection would change their lives.
  Carlos was the picture of health. He was a bright, vibrant, athletic 
12-year old, who loved to play football.
  When he returned home from camp, he had a 104 degree fever and could 
barely walk. It was the sickest his parents had ever seen him.
  When Carlos didn't get better the next day, they took him to Urgent 
Care. He was given a dose of antibiotics that the doctors said would 
knock the bug out in a few days.
  But the drugs didn't work.
  The next day Carlos was in even worse shape and he had to be rushed 
to the hospital by an ambulance. His new doctors put him on every 
single antibiotic the hospital had to offer.
  Even at the extremely high levels prescribed to Carlos, the drugs 
still didn't work.
  It took doctors 48 hours to find and acquire an antibiotic that was 
strong enough to kill the infection.
  By that time Carlos' lungs, kidneys, liver, intestines and heart had 
all failed.
  The only thing left, doctors told his parents, was his brain. The 
doctors said that Carlos knew his body was failing and that he was in a 
fight for his life.
  It pains me to say that this story does not have a happy ending. 
Carlos lost his life because the antibiotics that we have relied on for 
80 years didn't work.
  No parents should ever have to undergo the heartbreak and the tragedy 
that the Dons went through in 2007.
  Their son was as healthy and happy as any 12-year-old could be, but 
he was cruelly taken away from them because of a disease that we could 
not fight.
  I believe that with this bill we have an opportunity to prevent other 
families from suffering from this same tragic story.
  There are some who believe this legislation may actually make our 
food supply less safe. Their argument is that antibiotics keep our 
animals healthy, and healthy animals make for healthy food.
  But research shows us that these concerns are misguided. Over 375 
public, consumer, and environmental health groups including the 
American Medical Association, the American Public Health Association, 
and the Infectious Diseases Society of America, support the legislation 
because they believe that reducing antibiotic use in agriculture will 
protect the health and safety of Americans.
  It is not just health groups that support this approach. The fact is 
that farmers and meat producers can keep their animals healthy without 
adding hundreds of pounds of antibiotics to the food and water of their 
animals.
  In Denmark, one of the world's largest exporters of pork, producers 
have made modest changes to their husbandry practices and reduced 
overall antibiotic use by over 50 percent. Pork production has grown, 
and other animal health indicators such as litter size and average 
daily weight gain have improved.
  In Iowa, hog farmers like Paul Willis and Jude Becker have shown that 
antibiotic-free production is possible in the heartland of America too.
  In California, companies like Niman Ranch in Alameda have proved that 
Beef, Pork, Poultry and Lamb can be produced profitably in America on a 
large scale without the routine use of antibiotics. In fact, fast-food 
chain Chipotle Mexican Grill has grown a highly successful business 
based on meats raised without antibiotics, much of it supplied by Niman 
Ranch.
  This bipartisan bill makes incremental changes to ensure that our 
actions on the farm do not negatively impact the health and well being 
of our farmers, their families, and every one of us who consumes the 
food they produce.
  I look forward to working with my colleagues to pass these critical 
reforms.
  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. 1211

       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 ``Preservation of Antibiotics 
     for Medical Treatment Act of 2011''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) In January 2001, a Federal interagency task force--
       (A) released an action plan to address the continuing 
     decline in effectiveness of antibiotics against common 
     bacterial infections, referred to as antibiotic resistance;
       (B) determined that antibiotic resistance is a growing 
     menace to all people and poses a serious threat to public 
     health; and
       (C) cautioned that if current trends continue, treatments 
     for common infections will become increasingly limited and 
     expensive, and, in some cases, nonexistent.
       (2) Antibiotic resistance, resulting in a reduced number of 
     effective antibiotics, may significantly impair the ability 
     of the United States to respond to terrorist attacks 
     involving bacterial infections or a large influx of 
     hospitalized patients.
       (3)(A) Any overuse or misuse of antibiotics contributes to 
     the spread of antibiotic resistance, whether in human 
     medicine or in agriculture.
       (B) Recognizing the public health threat caused by 
     antibiotic resistance, Congress took several steps to curb 
     antibiotic overuse in human medicine through amendments to 
     the Public Health Service Act (42 U.S.C. 201 et seq.) made by 
     section 102 of the Public Health Threats and Emergencies Act 
     (Public Law 106-505, title I; 114 Stat. 2315), but has not 
     yet addressed antibiotic overuse in agriculture.
       (4) In a March 2003 report, the National Academy of 
     Sciences stated that--
       (A) a decrease in antimicrobial use in human medicine alone 
     will have little effect on the current situation; and
       (B) substantial efforts must be made to decrease 
     inappropriate overuse in animals and agriculture.
       (5) In 2010, the FDA determined that--
       (A) 1,300,000 kilograms of antibacterial drugs were sold 
     for use on food animals in the United States in 2009;
       (B) 3,300,000 kilograms of antibacterial drugs were used 
     for human health in 2009; and
       (C) therefore, 80 percent of antibacterial drugs 
     disseminated in the United States in 2009 were sold for use 
     on food animals, rather than being used for human health.
       (6)(A) Large-scale, voluntary surveys by the Department of 
     Agriculture's Animal and Plant Health Inspection Service in 
     1999, 2001, and 2006 revealed that--
       (i) 84 percent of grower-finisher swine farms, 83 percent 
     of cattle feedlots, and 84 percent of sheep farms administer

[[Page S3840]]

     antimicrobials in the feed or water for health or growth 
     promotion reasons; and
       (ii) many of the antimicrobials identified are identical or 
     closely related to drugs used in human medicine, including 
     tetracyclines, macrolides, Bacitracin, penicillins, and 
     sulfonamides; and
       (B) these drugs are used in people to treat serious 
     diseases such as pneumonia, scarlet fever, rheumatic fever, 
     venereal disease, skin infections, and even pandemics like 
     malaria and plague, as well as bioterrorism agents like 
     smallpox and anthrax.
       (7) Many scientific studies confirm that the nontherapeutic 
     use of antibiotics in agricultural animals contributes to the 
     development of antibiotic-resistant bacterial infections in 
     people.
       (8) The periodical entitled ``Clinical Infectious 
     Diseases'' published a report in June 2002, that--
       (A) was based on a 2-year review by experts in human and 
     veterinary medicine, public health, microbiology, 
     biostatistics, and risk analysis, of more than 500 scientific 
     studies on the human health impacts of antimicrobial use in 
     agriculture; and
       (B) recommended that antimicrobial agents should no longer 
     be used in agriculture in the absence of disease, but should 
     be limited to therapy for diseased individual animals and 
     prophylaxis when disease is documented in a herd or flock.
       (9) The United States Geological Survey reported in March 
     2002 that--
       (A) antibiotics were present in 48 percent of the streams 
     tested nationwide; and
       (B) almost half of the tested streams were downstream from 
     agricultural operations.
       (10) An April 1999 study by the General Accounting Office 
     concluded that resistant strains of 3 microorganisms that 
     cause food-borne illness or disease in humans (Salmonella, 
     Campylobacter, and E. coli) are linked to the use of 
     antibiotics in animals.
       (11) Epidemiological research has shown that resistant 
     Salmonella and Campylobacter infections are associated with 
     increased numbers of ill patients and bloodstream infections, 
     and increased death.
       (12) In 2010, the peer-reviewed journal Molecular Cell 
     published a study demonstrating that low-dosage use of 
     antibiotics causes a dramatic increase in genetic mutation, 
     raising new concerns about the agricultural practice of using 
     low-dosage antibiotics in order to stimulate growth promotion 
     and routinely prevent disease in unhealthy conditions.
       (13)(A) In January 2003, Consumer Reports published test 
     results on poultry products bought in grocery stores 
     nationwide showing disturbingly high levels of Campylobacter 
     and Salmonella bacteria that were resistant to the 
     antibiotics used to treat food-borne illnesses.
       (B) The Food and Drug Administration's National 
     Antimicrobial Resistance Monitoring System routinely finds 
     that retail meat products are contaminated with bacteria 
     (including the foodborne pathogens Campylobacter and 
     Salmonella) that are resistant to antibiotics important in 
     human medicine.
       (C) In December 2007, the USDA issued a fact sheet on the 
     recently recognized link between antimicrobial drug use in 
     animals and Methicillin Resistant Staphylococcus Aureas 
     (MRSA) infections in humans.
       (14) In October 2001, the New England Journal of Medicine 
     published an editorial urging a ban on nontherapeutic use of 
     medically important antibiotics in animals.
       (15)(A) In 1998, the National Academy of Sciences noted 
     that antibiotic-resistant bacteria generate a minimum of 
     $4,000,000,000 to $5,000,000,000 in costs to United States 
     society and individuals yearly.
       (B) In 2009, Cook County Hospital and the Alliance for 
     Prudent Use of Antibiotics estimated that the total health 
     care cost of antibiotic resistant infections in the United 
     States was between $16,600,000,000 and $26,000,000,000 
     annually.
       (16) The American Medical Association, the American Public 
     Health Association, the National Association of County and 
     City Health Officials, and the National Campaign for 
     Sustainable Agriculture are among the more than 300 
     organizations representing health, consumer, agricultural, 
     environmental, humane, and other interests that have 
     supported enactment of legislation to phase out 
     nontherapeutic use in farm animals of medically important 
     antibiotics.
       (17) In 2010, the Danish Veterinary and Food Administration 
     testified that the Danish ban of the non-therapeutic use of 
     antibiotics in food animal production resulted in a marked 
     reduction in antimicrobial resistance in multiple bacterial 
     species, including Campylobacter and Enterococci.
       (18) In 2009, the Congressional Research Service concluded 
     that restrictions overseas on the use of antimicrobial drugs 
     in the production of livestock could impact U.S. export 
     markets for livestock and poultry.
       (19) The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     301 et seq.)--
       (A) requires that all drugs be shown to be safe before the 
     drugs are approved; and
       (B) places the burden on manufacturers to account for 
     health consequences and prove safety.
       (20)(A) The Food and Drug Administration recently modified 
     the drug approval process for antibiotics to recognize the 
     development of resistant bacteria as an important aspect of 
     safety, but most antibiotics currently used in animal 
     production systems for nontherapeutic purposes were approved 
     before the Food and Drug Administration began considering 
     resistance during the drug-approval process.
       (B) The Food and Drug Administration has not established a 
     schedule for reviewing those existing approvals.
       (21) Certain non-routine uses of antibiotics in animal 
     agriculture are legitimate to prevent animal disease.
       (22) An April 2004 study by the General Accounting Office--
       (A) concluded that Federal agencies do not collect the 
     critical data on antibiotic use in animals that they need to 
     support research on human health risks; and
       (B) recommends that the Department of Agriculture and the 
     Department of Health and Human Services develop and implement 
     a plan to collect data on antibiotic use in animals.

     SEC. 3. PURPOSE.

       The purpose of this Act is to preserve the effectiveness of 
     medically important antibiotics used in the treatment of 
     human and animal diseases by reviewing the safety of certain 
     antibiotics for nontherapeutic purposes in food-producing 
     animals.

     SEC. 4. PROOF OF SAFETY OF CRITICAL ANTIMICROBIAL ANIMAL 
                   DRUGS.

       (a) Definitions.--Section 201 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321) is amended by adding at the 
     end the following:
       ``(ss) Critical Antimicrobial Animal Drug.--The term 
     `critical antimicrobial animal drug' means a drug that--
       ``(1) is intended for use in food-producing animals; and
       ``(2) is composed wholly or partly of--
       ``(A) any kind of penicillin, tetracycline, macrolide, 
     lincosamide, streptogramin, aminoglycoside, or sulfonamide; 
     or
       ``(B) any other drug or derivative of a drug that is used 
     in humans or intended for use in humans to treat or prevent 
     disease or infection caused by microorganisms.
       ``(tt) Nontherapeutic Use.--The term `nontherapeutic use', 
     with respect to a critical antimicrobial animal drug, means 
     any use of the drug as a feed or water additive for an animal 
     in the absence of any clinical sign of disease in the animal 
     for growth promotion, feed efficiency, weight gain, routine 
     disease prevention, or other routine purpose.''.
       (b) Applications Pending or Submitted After Enactment.--
     Section 512(d)(1) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 360b(d)(1)) is amended--
       (1) in the first sentence--
       (A) in subparagraph (H), by striking ``or'' at the end;
       (B) in subparagraph (I), by inserting ``or'' at the end; 
     and
       (C) by inserting after subparagraph (I) the following:
       ``(J) with respect to a critical antimicrobial animal drug 
     or a drug of the same chemical class as a critical 
     antimicrobial animal drug, the applicant has failed to 
     demonstrate that there is a reasonable certainty of no harm 
     to human health due to the development of antimicrobial 
     resistance that is attributable, in whole or in part, to the 
     nontherapeutic use of the drug;''; and
       (2) in the second sentence, by striking ``(A) through (I)'' 
     and inserting ``(A) through (J)''.
       (c) Phased Elimination of Nontherapeutic Use in Animals of 
     Critical Antimicrobial Animal Drugs Important for Human 
     Health.--Section 512 of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 360b) is amended by adding at the end the 
     following:
       ``(q) Phased Elimination of Nontherapeutic Use in Animals 
     of Critical Antimicrobial Animal Drugs Important for Human 
     Health.--
       ``(1) Applicability.--This subsection applies to the 
     nontherapeutic use in a food-producing animal of a drug--
       ``(A)(i) that is a critical antimicrobial animal drug; or
       ``(ii) that is of the same chemical class as a critical 
     antimicrobial animal drug; and
       ``(B)(i) for which there is in effect an approval of an 
     application or an exemption under subsection (b), (i), or (j) 
     of section 505; or
       ``(ii) that is otherwise marketed for use.
       ``(2) Withdrawal.--The Secretary shall withdraw the 
     approval of a nontherapeutic use in food-producing animals 
     described in paragraph (1) on the date that is 2 years after 
     the date of enactment of this subsection unless--
       ``(A) before the date that is 2 years after the date of the 
     enactment of this subsection, the Secretary makes a final 
     written determination that the holder of the approved 
     application has demonstrated that there is a reasonable 
     certainty of no harm to human health due to the development 
     of antimicrobial resistance that is attributable in whole or 
     in part to the nontherapeutic use of the drug; or
       ``(B) before the date specified in subparagraph (A), the 
     Secretary makes a final written determination, with respect 
     to a risk analysis of the drug conducted by the Secretary and 
     other relevant information, that there is a reasonable 
     certainty of no harm to human health due to the development 
     of antimicrobial resistance that is attributable in whole or 
     in part to the nontherapeutic use of the drug.
       ``(3) Exemptions.--Except as provided in paragraph (5), if 
     the Secretary grants an exemption under section 505(i) for a 
     drug that is a critical antimicrobial animal drug, the 
     Secretary shall rescind each approval of a

[[Page S3841]]

     nontherapeutic use in a food-producing animal of the critical 
     antimicrobial animal drug, or of a drug in the same chemical 
     class as the critical antimicrobial animal drug, as of the 
     date that is 2 years after the date on which the Secretary 
     grants the exemption.
       ``(4) Approvals.--Except as provided in paragraph (5), if 
     an application for a drug that is a critical antimicrobial 
     animal drug is submitted to the Secretary under section 
     505(b), the Secretary shall rescind each approval of a 
     nontherapeutic use in a food-producing animal of the critical 
     antimicrobial animal drug, or of a drug in the same chemical 
     class as the critical antimicrobial animal drug, as of the 
     date that is 2 years after the date on which the application 
     is submitted to the Secretary.
       ``(5) Exception.--Paragraph (3) or (4), as the case may be, 
     shall not apply if--
       ``(A) before the date on which approval would be rescinded 
     under that paragraph, the Secretary makes a final written 
     determination that the holder of the application for the 
     approved nontherapeutic use has demonstrated that there is a 
     reasonable certainty of no harm to human health due to the 
     development of antimicrobial resistance that is attributable 
     in whole or in part to the nontherapeutic use in the food-
     producing animal of the critical antimicrobial animal drug; 
     or
       ``(B) before the date specified in subparagraph (A), the 
     Secretary makes a final written determination, with respect 
     to a risk analysis of the critical antimicrobial animal drug 
     conducted by the Secretary and any other relevant 
     information, that there is a reasonable certainty of no harm 
     to human health due to the development of antimicrobial 
     resistance that is attributable in whole or in part to the 
     nontherapeutic use of the drug.''.

     SEC. 5. COMMITTEE HEARINGS ON IMPLEMENTATION.

       (a) In General.--The Committee on Energy and Commerce of 
     the House of Representatives and the Committee on Health, 
     Education, Labor, and Pensions of the Senate shall each hold 
     a hearing on the implementation by the Commissioner of Food 
     and Drugs of section 512(q) of the Federal Food, Drug, and 
     Cosmetic Act, as added by section 4 of this Act.
       (b) Exercise of Rulemaking Authority.--Subsection (a) is 
     enacted--
       (1) as an exercise of the rulemaking power of the House of 
     Representatives and Senate, and, as such, they shall be 
     considered as part of the rules of the House or Senate (as 
     the case may be), and such rules shall supersede any other 
     rule of the House or Senate only to the extent that rule is 
     inconsistent therewith; and
       (2) with full recognition of the constitutional right of 
     either House to change such rules (so far as relating to the 
     procedure in that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

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