Congressional Record, Volume 157 Issue 90 (Wednesday, June 22, 2011)

[Congressional Record Volume 157, Number 90 (Wednesday, June 22, 2011)]
[Senate]
[Pages S4025-S4033]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. INOUYE (for himself, Mr. Blunt, Mr. Reid, and Mr. Akaka):
S. 1244. A bill to provide for preferential duty treatment to certain
apparel articles of the Philippines; to the Committee on Finance.
Mr. INOUYE. Mr. President, I am pleased to introduce legislation
today, cosponsored by my colleagues Senator Reid of Nevada, Senator
Blunt of Missouri, and Senator Akaka of Hawaii, that will provide duty-
free treatment to U.S. imports of finished Philippine apparel in return
for purchasing and using fabrics and yarns made in the United States.
This bill will promptly create an incentivized export market for our
shrinking textile industry, and create new jobs.
The Philippine apparel industry estimates that U.S. fabric sales
spurred by the SAVE Act could reach potentially hundreds of millions of
dollars and translate into upwards of 2,000 additional jobs in the
United States fabric mill sector. With almost 99 percent of the U.S.
apparel market now served by imports, U.S. textile manufacturers are
reliant on export markets for their survival.
The SAVE Act is patterned after the Dominican Republic, Central
America Free Trade Agreement, or CAFTA, which permits tariff-free
import of apparel assembled in those countries in return for using
cotton and manmade fiber fabrics still made in the United States. The
SAVE Act will provide our textile companies with a new opportunity to
export fabrics into the dynamic Asian market.

[[Page S4026]]

The Philippine apparel manufacturing industry is well established and
known for its quality needlework and high-end fashion. It has been
supplying top American brands and U.S. retailers for decades. With the
growth of China in apparel production and the end of the quota system,
Philippine apparel exports to the United States have dropped by 50
percent in the last five years. The Philippine apparel sector is in
critical decline, with employment dropping by 75 percent since 2003.
The Philippines has been, arguably, our closest and most steadfast
friend in Southeast Asia. They were our protectorate and strategic
partner from the Spanish-American War through World War II. 10,000
American and Filipino servicemen died together in the infamous Bataan
Death March after our forces were overwhelmed by the Japanese Army in
1942. More than 100,000 Filipinos then volunteered to fight alongside
the United States and under U.S. command.
More recently, the United States and the Philippines have partnered
in successful efforts to combat terrorists in and around their islands.
Campaigns by the Armed Forces of the Philippines, trained in
counterterrorism by U.S. troops, resulted in the deaths of the Abu
Sayyaf leader and his deputy in 2006, as well as two other leaders in
2010.
Our close partnership deserves to be mutually rewarding on an
economic level. The SAVE Act would represent the first trade initiative
with the Philippines in nearly four decades. Unlike other countries in
the region, the United States and the Philippines share a balanced
trade relationship. The SAVE Act would continue to build on this
positive trade relationship and strengthen our economic ties with the
Philippines by helping each other reestablish competitive textile
industries.
The SAVE Act would also allow duty-free treatment for a limited range
of apparel not using U.S. fabrics so Philippine manufacturers can offer
a complementary product line to U.S. brands and retailers. This
category of apparel, which includes certain lines of coats, dresses,
skirts, blouses, and infants' wear, will not contain any components
that could have been made in the United States. These lines of apparel
also will not compete against imports from third countries using U.S.
components.
With the Republic of the Philippines as a partner, we can expect
proper customs enforcement. We believe the enforcement provisions of
the SAVE Act are more rigorous than any comparable bill. At our
request, Customs and Border Patrol, CBP, conducted an informal
technical review of the SAVE bill. With their recommendations included,
CBP concluded that the SAVE Act can be administered and enforced. The
Philippine Department of Trade and Industry then reviewed and agreed to
all the enforcement provisions.
This bill will provide our manufacturers with new export markets and
provide mutual benefits to a longstanding and erstwhile friend in
Southeast Asia. The Philippines, in my view, should never be relegated
to secondary consideration even as our focus shifts from one priority
to another.
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. 1244

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 ``Save Our Industries Act of
2011'' or the ``SAVE Act''.

SEC. 2. FINDINGS; PURPOSES.

(a) Findings.--Congress finds the following:
(1) The United States and the Republic of the Philippines
(in this Act referred to as the ``Philippines''), a former
colony, share deep historical and cultural ties. The
Philippines holds enduring political and security
significance to the United States. The 2 countries have
partnered very successfully in combating terrorism in
Southeast Asia.
(2) The United States and the Philippines maintain a fair
trading relationship that should be expanded to the mutual
benefit of both countries. In 2010, United States exports to
the Philippines were valued at $7,375,000,000, and United
States imports from the Philippines were valued at
$7,960,000,000.
(3) United States textile exports to the Philippines were
valued at just over $48,000,000 in 2010, consisting mostly of
industrial, specialty, broadwoven, and nonwoven fabrics. The
potential for export growth in this area can sustain and
create thousands of jobs.
(4) The Philippines' textile and apparel industries, like
that of their counterparts in the United States, share the
same challenges and risks stemming from the end of the
textile and apparel quota system and from the end of United
States safe-guards that continued to control apparel imports
from the People's Republic of China until January 1, 2009.
(5) The United States apparel fabrics industry is heavily
dependent on sewing outside the United States, and, for the
first time, United States textile manufacturers would have a
program that utilizes sewing done in an Asian country. In
contrast, most sewing of United States fabric occurs in the
Western Hemisphere, with about two-thirds of United States
fabric exports presently going to countries that are parties
to the North American Free Trade Agreement and the Dominican
Republic-Central America-United States Free Trade Agreement.
Increased demand for United States fabric in Asia will
increase opportunities for the United States industry.
(6) Apparel producers in the Western Hemisphere are
excellent at making basic garments such as T-shirts and
standard 5-pocket jeans. However, the needle capability does
not exist to make high fashion, more sophisticated garments
such as embroidered T-shirts and fashion jeans with
embellishments. Such apparel manufacturing is done almost
exclusively in Asia.
(7) A program that provides preferential duty treatment for
certain apparel articles of the Philippines will provide a
strong incentive for Philippine apparel manufacturers to use
United States fabrics, which will open new opportunities for
the United States textile industry and increase opportunities
for United States yarn manufacturers. At the same time, the
United States would be provided a more diverse range of
sourcing opportunities.
(b) Purposes.--The purposes of this Act are--
(1) to encourage higher levels of trade in textiles and
apparel between the United States and the Philippines and
enhance the commercial well-being of their respective
industries in times of global economic hardship;
(2) to enhance and broaden the economic, security, and
political ties between the United States and the Philippines;
(3) to stimulate economic activity and development
throughout the Philippines, including regions such as Manila
and Mindanao; and
(4) to provide a stepping stone to an eventual free trade
agreement between the United States and the Philippines,
either bilaterally or as part of a regional agreement.

SEC. 3. DEFINITIONS.

In this Act:
(1) Classification under the hts.--The term
``classification under the HTS'' means, with respect to an
article, the 6-digit subheading or 10-digit statistical
reporting number under which the article is classified in the
HTS.
(2) Dobby woven fabric.--The term ``dobby woven fabric''
means fabric, other than jacquard fabric, woven with the use
of a dobby attachment that raises or lowers the warp threads
during the weaving process to create patterns including,
stripes, and checks and similar designs.
(3) Entered.--The term ``entered'' means entered, or
withdrawn from warehouse for consumption, in the customs
territory of the United States.
(4) HTS.--The term ``HTS'' means the Harmonized Tariff
Schedule of the United States.
(5) Knit-to-shape.--An article is ``knit-to shape'' if 50
percent or more of the exterior surface area of the article
is formed by major parts that have been knitted or crocheted
directly to the shape used in the article, with no
consideration being given to patch pockets, appliques, or the
like. Minor cutting, trimming, or sewing of those major parts
shall not affect the determination of whether an article is
``knit-to-shape''.
(6) Wholly assembled.--An article is ``wholly assembled''
in the Philippines or the United States if--
(A) all components of the article pre-existed in
essentially the same condition as the components exist in the
finished article and the components were combined to form the
finished article in the Philippines or the United States; and
(B) the article is comprised of at least 2 components.
(7) Wholly formed.--A yarn is ``wholly formed in the United
States'' if all of the yarn forming and finishing operations,
starting with the extrusion of filaments, strips, film, or
sheet, and including slitting a film or sheet into strip, or
the spinning of all fibers into yarn, or both, and ending
with a finished yarn or plied yarn, takes place in the United
States.

SEC. 4. TRADE BENEFITS.

(a) Eligible Apparel Article.--For purposes of this
section, an eligible apparel article is any one of the
following:
(1) Men's and boys' cotton shirts, T-shirts and tank tops
(other than underwear T-shirts and tank tops), pullovers,
sweatshirts, tops, and similar articles classifiable under
subheading 6105.10, 6105.90, 6109.10, 6110.20, 6110.90,
6112.11, or 6114.20 of the HTS.
(2) Women's and girls' cotton shirts, blouses, T-shirts and
tank tops (other than underwear T-shirts and tank tops),
pullovers,

[[Page S4027]]

sweatshirts, tops, and similar articles classifiable under
subheading 6106.10, 6106.90, 6109.10, 6110.20, 6110.90,
6112.11, 6114.20, or 6117.90 of the HTS.
(3) Men's and boys' cotton trousers, breeches, and shorts
classifiable under subheading 6103.10, 6103.42, 6103.49,
6112.11, 6113.00, 6203.19, 6203.42, 6203.49, 6210.40,
6211.20, 6211.32 of the HTS.
(4) Women's and girls' cotton trousers, breeches, and
shorts classifiable under subheading 6104.19, 6104.62,
6104.69, 6112.11, 6113.00, 6117.90, 6204.12, 6204.19,
6204.62, 6204.69, 6210.50, 6211.20, 6211.42, or 6217.90 of
the HTS.
(5) Men's and boys' cotton underpants, briefs, underwear-
type T-shirts and singlets, thermal undershirts, other
undershirts, and similar articles classifiable under
subheading 6107.11, 6109.10, 6207.11, or 6207.91 of the HTS.
(6) Men's and boys' manmade fiber underpants, briefs,
underwear-type T-shirts and singlets, thermal undershirts,
other undershirts, and similar articles classifiable under
subheading 6107.12, 6109.90, 6207.19, or 6207.99 of the HTS.
(7) Men's and boys' manmade fiber shirts, T-shirts and tank
tops (other than underwear T-shirts and tank tops),
pullovers, sweatshirts, tops, and similar articles
classifiable under subheading 6105.20, 6105.90, 6110.30,
6110.90, 6112.12, 6112.19, or 6114.30 of the HTS.
(8) Women's and girls' manmade fiber shirts, blouses, T-
shirts and tank tops (other than underwear T-shirts and tank
tops), pullovers, sweatshirts, tops, and similar articles
classifiable under subheading 6106.20, 6106.90, 6110.30,
6110.90, 6112.12, 6112.19, 6114.30, or 6117.90 of the HTS.
(9) Men's and boys' manmade fiber trousers, breeches, and
shorts classifiable under subheading 6103.43, 6103.49,
6112.12, 6112.19, 6112.20, 6113.00, 6203.43, 6203.49,
6210.40, 6211.20, or 6211.33 of the HTS.
(10) Women's and girls' manmade fiber trousers, breeches,
and shorts classifiable under subheading 6104.63, 6104.69,
6112.12, 6112.19, 6112.20, 6113.00, 6117.90, 6204.63,
6204.69, 6210.50, 6211.20, 6211.43, or 6217.90 of the HTS.
(11) Men's and boys' manmade fiber shirts classifiable
under subheading 6205.30, 6205.90, or 6211.33 of the HTS.
(12) Cotton brassieres and other body support garments
classifiable under subheading 6212.10, 6212.20, or 6212.30 of
the HTS.
(13) Manmade fiber brassieres and other body support
garments classifiable under subheading 6212.10, 6212.20, or
6212.30 of the HTS.
(14) Manmade fiber swimwear classifiable under subheading
6112.31, 6112.41, 6211.11, or 6211.12 of the HTS.
(15) Cotton swimwear classifiable under subheading 6112.39,
6112.49, 6211.11, or 6211.12 of the HTS.
(16) Men's and boys' manmade fiber coats, overcoats,
carcoats, capes, cloaks, anoraks (including ski-jackets),
windbreakers, padded sleeveless jackets with attachments for
sleeves, and similar articles classifiable under subheading
6101.30, 6101.90, 6112.12, 6112.19, 6112.20, or 6113.00 of
the HTS.
(17) Women's and girls' manmade fiber coats, overcoats,
carcoats, capes, cloaks, anoraks (including ski-jackets),
windbreakers, padded sleeveless jackets with attachments for
sleeves, and similar articles classifiable under subheading
6102.30, 6102.90, 6104.33, 6104.39, 6112.12, 6112.19,
6112.20, 6113.00, or 6117.90 of the HTS.
(18) Gloves, mittens, and mitts of manmade fibers
classifiable under subheading 6116.10, 6116.93, 6116.99, or
6216.00 of the HTS.
(b) Duty-free Treatment for Certain Eligible Apparel
Articles.--
(1) Duty-free treatment.--Subject to paragraphs (2) and
(3), an eligible apparel article shall enter the United
States free of duty if the article is wholly assembled in the
United States or the Philippines, or both, and if the
component determining the article's classification under the
HTS consists entirely of--
(A) fabric cut in the United States or the Philippines, or
both, from fabric wholly formed in the United States from
yarns wholly formed in the United States;
(B) components knit-to-shape in the United States from
yarns wholly formed in the United States; or
(C) any combination of fabric or components knit-to-shape
described in subparagraphs (A) and (B).
(2) Dyeing, printing, or finishing.--An apparel article
described in paragraph (1) shall be ineligible for duty-free
treatment under such paragraph if any component determining
the article's classification under the HTS comprises any
fabric, fabric component, or component knit-to-shape in the
United States that was dyed, printed, or finished at any
place other than in the United States.
(3) Other processes.--An apparel article described in
paragraph (1) shall not be disqualified from eligibility for
duty-free treatment under such paragraph because it undergoes
stone-washing, enzyme-washing, acid-washing, permapressing,
oven baking, bleaching, garment-dyeing, screen printing, or
other similar processes in either the United States or the
Philippines.
(c) Knit-to-shape Apparel Articles.--A knit-to-shape
apparel article shall enter the United States free of duty if
it is wholly assembled in the Philippines and if the
component determining the article's classification under the
HTS consists entirely of components knit-to-shape in the
Philippines from yarns wholly formed in the United States.
(d) De Minimis Rules.--
(1) In general.--An article that would otherwise be
ineligible for preferential treatment under this section
because the article contains fibers or yarns not wholly
formed in the United States or in the Philippines shall not
be ineligible for such treatment if the total weight of all
such fibers or yarns is not more than 10 percent of the total
weight of the article.
(2) Elastomeric yarns.--Notwithstanding paragraph (1), an
article described in subsection (b) or (c) that contains
elastomeric yarns in the component of the article that
determines the article's classification under the HTS shall
be eligible for duty-free treatment under this section only
if such elastomeric yarns are wholly formed in the United
States or the Philippines.
(3) Direct shipment.--Any apparel article described in
subsection (b) or (c) is an eligible article only if it is
imported directly into the United States from the
Philippines.
(e) Single Transformation Rules.--Any of the following
apparel articles that are cut and wholly assembled, or knit-
to-shape, in the Philippines from any combination of fabrics,
fabric components, components knit-to-shape, or yarns and are
imported directly into the United States from the Philippines
shall enter the United States free of duty, without regard to
the source of the fabric, fabric components, components knit-
to-shape, or yarns from which the articles are made:
(1) Except for brassieres classified in subheading 6212.10
of the HTS, any apparel article that is of a type listed in
chapter rule 3(a), 4(a), or 5(a) for chapter 62 of the HTS,
as such chapter rule is contained in paragraph 9 of section A
of the Annex to Proclamation 8213 of the President of
December 20, 2007, (as amended by Proclamation 8272 of June
30, 2008, or any subsequent proclamation by the President).
(2) Any article not described in paragraph (1) that is any
of the following:
(A) Baby garments, clothing accessories, and headwear
classifiable under subheading 6111.20, 6111.30, 6111.90,
6209.20, 6209.30, 6209.90, or 6505.90 of the HTS.
(B) Women's and girls' cotton coats, over coats, carcoats,
capes, cloaks, anoraks (including ski-jackets), windbreakers,
padded sleeveless jackets with attachments for sleeves, and
similar articles classifiable under subheading 6102.20,
6102.90, 6104.19, 6104.32, 6104.39, 6112.11, 6113.00,
6117.90, 6202.12, 6202.19, 6202.92, 6202.99, 6204.12,
6204.19, 6204.32, 6204.39, 6210.30, 6210.50, 6211.20,
6211.42, or 6217.90 of the HTS.
(C) Cotton dresses classifiable under subheading 6104.42,
6104.49, 6204.42, or 6204.49 of the HTS.
(D) Manmade fiber dresses classifiable under subheading
6104.43, 6104.44, 6104.49, 6204.43, 6204.44, or 6204.49 of
the HTS.
(E) Men's and boys' cotton shirts classifiable under
statistical reporting number 6205.20.1000, 6205.20.2021,
6205.20.2026, 6205.20.2031, 6205.20.2061, 6205.20.2076,
6205.90, or 6211.32 of the HTS.
(F) Men's and boys' cotton shirts not containing dobby
woven fabric classifiable under statistical reporting number
6205.20.2003, 6205.20.2016, 6205.20.2051, 6205.20.2066 of the
HTS.
(G) Manmade fiber pajamas and sleepwear classifiable under
subheading 6107.22, 6107.99, 6108.32, 6207.22, 6207.99, or
6208.22 of the HTS.
(H) Women's and girls' wool coats, overcoats, carcoats,
capes, cloaks, anoraks (including ski-jackets), windbreakers,
padded sleeveless jackets with attachments for sleeves, and
similar articles classifiable under subheading 6102.10,
6102.30, 6102.90, 6104.31, 6104.33, 6104.39, 6117.90,
6202.11, 6202.13, 6202.19, 6202.91, 6202.93, 6202.99,
6204.31, 6204.33, 6204.39, 6211.20, 6211.41, or 6117.90 of
the HTS.
(I) Women's and girls' wool trousers, breeches, and shorts
classifiable under subheading 6104.61, 6104.63, 6104.69,
6117.90, 6204.61, 6204.63, 6204.69, 6211.20, 6211.41, or
6217.90 of the HTS.
(J) Women's and girls' cotton shirts and blouses
classifiable under subheading 6206.10, 6206.30, 6206.90,
6211.42, or 6217.90 of the HTS.
(K) Women's and girls' manmade fiber shirts, blouses,
shirt-blouses, sleeveless tank styles, and similar upper body
garments classifiable under subheading 6206.10, 6206.40,
6206.90, 6211.43, or 6217.90 of the HTS.
(L) Women's and girls' manmade fiber coats, jackets,
carcoats, capes, cloaks, anoraks (including ski-jackets),
windbreakers, padded sleeveless jackets with attachments for
sleeves, and similar articles classifiable under subheading
6202.13, 6202.19, 6202.93, 6202.99, 6204.33, 6204.39,
6210.30, 6210.50, 6211.20, 6211.43, or 6217.90 of the HTS.
(M) Cotton skirts classifiable under subheading 6104.19,
6104.52, 6104.59, 6204.12, 6204.19, 6204.52, or 6204.59 of
the HTS.
(N) Manmade fiber skirts classifiable under subheading
6104.53, 6104.59, 6204.53, or 6204.59 of the HTS.
(O) Men's and boys' manmade fiber coats, overcoats,
carcoats, capes, cloaks, anoraks (including ski-jackets),
windbreakers, padded sleeveless jackets with attachments for
sleeves, and similar articles classifiable under subheading
6201.13, 6201.19, 6201.93, 6201.99, 6210.20, 6210.40,
6211.20, or 6211.33 of the HTS.
(P) Women's and girls' manmade fiber slips, petticoats,
briefs, panties, and underwear classifiable under subheading
6108.11, 6108.22, 6108.92, 6109.90, 6208.11, or 6208.92 of
the HTS.
(Q) Gloves, mittens, and mitts of cotton classifiable under
subheading 6116.10, 6116.92, 6116.99, or 6216.00 of the HTS.

[[Page S4028]]

(R) Other men's or boys' garments classifiable under
statistical reporting number 6211.32.0081 of the HTS.
(f) Review and Report.--
(1) In general.--The Comptroller General of the United
States shall, not later than 3 years after the date of the
enactment of this Act, and every 3 years thereafter, review
the effectiveness of this section in supporting the use of
United States fabrics and make recommendations necessary to
improve or expand the provisions of this section to ensure
support for the use of United States fabrics.
(2) Recommendations.--After the second review required
under paragraph (1), the Comptroller General shall make a
determination regarding whether this section is effective in
supporting the use of United States fabrics and recommend to
Congress whether or not this section should be renewed.
(g) Enforcement.--Preferential treatment under this section
shall not be provided to textile and apparel articles that
are imported from the Philippines unless the President
certifies to Congress that the Philippines is meeting the
following conditions:
(1) A valid original textile visa issued by the Philippines
is provided to U.S. Customs and Border Protection with
respect to any article for which preferential treatment is
claimed. The visa issued is in the standard 9-digit format
required under the Electronic Visa Information System (ELVIS)
and meets all reporting requirements of ELVIS.
(2) The Philippines is implementing the Electronic Visa
Information System (ELVIS) to assist in the prevention of
transshipment of apparel articles and the use of counterfeit
documents relating to the importation of apparel articles
into the United States.
(3) The Philippines is enforcing the Memorandum of
Understanding between the United States of America and the
Republic of the Philippines Concerning Cooperation in Trade
in Textile and Apparel Goods, signed on August 23, 2006.
(4) The Philippines agrees to provide, on a timely basis at
the request of U.S. Customs and Border Protection, and
consistently with the manner in which the records are kept in
the Philippines, a report on exports from the Philippines of
apparel articles eligible for preferential treatment under
this section, and on imports into the Philippines of yarns,
fabrics, fabric components, or components knit-to-shape that
are wholly formed in the United States.
(5) The Philippines agrees to cooperate fully with the
United States to address and take action necessary to prevent
circumvention as provided in Article 5 of the Agreement on
Textiles and Clothing referred to in section 101(d)(4) of the
Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)).
(6) The Philippines agrees to require Philippines producers
and exporters of articles eligible for preferential treatment
under this section to maintain, for at least 5 years after
the date of export, complete records of the production and
the export of such articles, including records of yarns,
fabrics, fabric components, and components knit-to-shape and
used in the production of such articles.
(7) The Philippines agrees to provide, on a timely basis,
at the request of U.S. Customs and Border Protection,
documentation establishing the country of origin of articles
eligible for preferential treatment under this section, as
used by that country in implementing an effective visa
system.
(8) The Philippines is to establish, within 60 days after
the date of the President's certification under this
paragraph, procedures that allow the Office of Textiles and
Apparel of the Department of Commerce (OTEXA) to obtain
information when fabric wholly formed in the United States is
exported to the Philippines to allow for monitoring and
verification before the imports of apparel articles
containing the fabric for which preferential treatment is
sought under this section reach the United States. The
information provided upon export of the fabrics shall
include, among other things, the name of the importer of the
fabric in the Philippines, the 8-digit HTS subheading
covering the apparel articles to be made from the fabric, and
the quantity of the apparel articles to be made from the
fabric for importation into the United States.
(9) The Philippines has enacted legislation or promulgated
regulations to allow for the seizure of merchandise
physically transiting the territory of the Philippines and
that appears to be destined for the United States in
circumvention of the provisions of this Act.
(h) Customs Procedures.--
(1) In general.--
(A) Penalties for exporters.--If the President determines,
based on sufficient evidence, that an exporter has engaged in
transshipments as defined in paragraph (2), then the
President shall deny for a period of 5 years all benefits
under this section to such exporter, any successor of such
exporter, and any other entity owned or operated by the
principal of the exporter.
(B) Penalties for importers.--If the President determines,
based on sufficient evidence, that an importer has engaged in
transshipments as defined in paragraph (2), then the
President shall deny for a period of 5 years all benefits
under this section to such importer, any successor of such
importer, or any entity owned or operated by the principal of
the importer.
(2) Definition of transhipment.--For purposes of paragraph
(1) and subsection (g), transshipment has occurred when
preferential treatment for an apparel article under this
section has been claimed on the basis of material false
information concerning the country of origin, manufacture,
processing, cutting, or assembly of the article or of any
fabric, fabric component, or component knit-to-shape from
which the apparel article was cut and assembled. For purposes
of this paragraph, false information is material if
disclosure of the true information would have meant that the
article is or was ineligible for preferential treatment under
this section.
(i) Proclamation Authority.--The President shall issue a
proclamation to carry out this section not later than 60 days
after the date of the enactment of this Act. The President
shall consult with the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives in preparing such proclamation.

SEC. 5. EFFECTIVE DATE.

This Act shall apply to articles entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date on which the President issues the proclamation required
by section 4(i).

SEC. 6. TERMINATION.

(a) In General.--The preferential duty treatment provided
under this Act shall remain in effect for a period of 7 years
beginning on the effective date provided for in section 5.
(b) GSP Eligibility.--The preferential duty treatment
provided under this Act shall terminate if and when the
Philippines becomes ineligible for designation as a
beneficiary developing country under title V of the Trade Act
of 1974 (19 U.S.C. 2461 et seq.).
______

By Mr. BLUNT (for himself and Mr. Levin):
S. 1245. A bill to provide for the establishment of the Special Envoy
to Promote Religious Freedom of Religious Minorities in the Near East
and South Central Asia; to the Committee on Foreign Relations.
Mr. BLUNT. Mr. President, I am pleased to join my friend Senator Carl
Levin in introducing this legislation to create a new U.S. Department
of State special envoy for religious minorities in the Middle East.
As we observe the political upheavals occurring throughout the
region, we need to remember that this region is the birthplace of three
of the world's major religions. I am particularly interested in
ensuring that the shrinking minority of Christians in places like
Egypt, Iraq, the West Bank, and Afghanistan receive adequate attention
by our foreign emissaries.
I expect this bill to encourage the State Department to redouble its
efforts to call attention to all religious minorities and demonstrate
to leaders in the region that the United States takes religious freedom
seriously. I am hopeful that as change takes place in many of these
countries, they will look to the United States as a model of religious
tolerance and freedom.
I thank my friends in the House of Representatives, Frank Wolf, Anna
Eshoo, Joe Pitts, and many others, for their efforts on this bill's
House companion, which was introduced earlier this year.
I look forward to working with my colleagues on both sides of the
Capitol and with the Administration to enact this important
legislation.
Mr. LEVIN. Mr. President, today Senator Blunt and I have introduced
the Near East and South Central Asia Religious Freedom Act of 2011. The
purpose of this legislation is to establish within the State Department
a special envoy to promote freedom of worship for religious minorities
in this important region of the world.
It is a tragic fact that in many of the nations of the Near East and
South Central Asia, this universal human right, the freedom to worship
in keeping with one's conscience, is in doubt. I would point my
colleagues to the State Department's most recent Report on
International Religious Freedom, published late last year. The report
concludes, among other things, that: in Iran, ``government respect for
religious freedom in the country continued to deteriorate''; in Iraq,
``violence conducted by terrorists, extremists, and criminal gangs
restricted the free exercise of religion and posed a significant threat
to the country's vulnerable religious minorities''; in Afghanistan,
respect for the rights of religious minorities deteriorated; in
Pakistan organized violence against religious minorities had increased;
and in Tajikistan the government passed new laws restricting religious
practice.
The legislation we introduce today seeks to combat such abuses by
placing a high-level official within the State Department to focus the
Nation's diplomatic efforts on promoting freedom

[[Page S4029]]

of worship. The special envoy would be tasked with promoting religious
freedom within the Near East and South Central Asia; monitoring and
combating intolerance and incitements to violence against religious
minorities within the region; and working with the region's governments
to address laws and practices that infringe on religious freedom.
It is in the interest of the United States to promote freedom of
worship and the rights of religious minorities around the world, and
especially in nations where those freedoms are under threat. Such
violence is a threat to regional stability in a part of the world where
U.S. interests are great. Moreover, our support for these universal
human values affirms the principles upon which our own Nation was
founded.
I thank my colleague from Missouri for joining with me in introducing
this important legislation. I urge my colleagues to support our efforts
to protect the lives and freedoms of religious minorities, and to
promote the universal values upon which our Nation is built.
______

By Mr. UDALL of Colorado (for himself, Mr. Risch, Mr. Tester, and
Mr. Bennet):
S. 1249. A bill to amend the Pittman-Robertson Wildlife Restoration
Act to facilitate the establishment of additional or expanded public
target ranges in certain States; to the Committee on Environment and
Public Works.
Mr. UDALL of Colorado. Mr. President, today I am introducing the
Target Practice and Marksmanship Training Support Act with the support
of Senators Risch, Tester, and Bennet. I thank my colleagues for
joining me in this bipartisan effort.
This bill would provide funding flexibility to the states to help
construct and maintain needed public shooting ranges, designated areas
where people can sharpen their marksmanship skills and safely enjoy
recreational shooting.
For a variety of reasons, the number of places where people can
safely engage in recreational shooting and target practicing has
steadily dwindled. This includes areas on our public lands. In an
effort to establish, maintain and promote safe and established areas
for such activities, this legislation would allow States to allocate a
greater proportion of their Federal wildlife funds for these purposes.
Currently, states are allocated funds for a variety of wildlife
purposes under the Pittman-Robertson Wildlife Restoration Act. This act
established an excise tax on sporting equipment and ammunition that is
used to fund many state activities, including wildlife restoration and
hunter education and safety programs. Pittman-Robertson funds can also
be used for the development and maintenance of shooting ranges.
However, the Pittman-Robertson Wildlife Restoration Act contains
certain restrictions on the use of Pittman-Robertson funds that limit
their effectiveness for establishing and maintaining shooting ranges.
The Target Practice and Marksmanship Training Support Act would amend
the Pittman-Robertson Wildlife Restoration Act to adjust certain
funding limitations so that States have greater flexibility over the
use of funds available for the creation and maintenance of shooting
ranges.
To be clear, the bill would not allocate any new funding to the
construction of shooting ranges, it would not raise any fees or taxes,
nor would it require states to apply their allocated Pittman-Robertson
funds to shooting ranges. Instead, by reducing the amount of other
funds states would have to raise and allowing states to ``bank''
Pittman-Robertson funds for 5 years for shooting ranges, the bill gives
States greater flexibility to use their existing Pittman-Robertson
funds as they think best. Also as a result of this bill, States will be
able to extend their existing license fee revenue and other State-
generated funds on other important programs, such as wildlife habitat
conservation.
Hunting and recreational shooting are an integral part of the
Colorado way of life, activities that also are appropriate where not
prohibited on our public lands. This bill is designed to improve the
quality of the recreational shooting experience by promoting safe,
designated places to shoot. In addition to the improvements this bill
contains, it is my hope that the public land management agencies will
continue to work with the States, sportsmen and women, the recreational
shooting interests, local communities, and others so that these
opportunities are safe and available.
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. 1249

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 ``Target Practice and
Marksmanship Training Support Act''.

SEC. 2. FINDINGS; PURPOSE.

(a) Findings.--Congress finds that--
(1) the use of firearms and archery equipment for target
practice and marksmanship training activities on Federal land
is allowed, except to the extent specific portions of that
land have been closed to those activities;
(2) in recent years preceding the date of enactment of this
Act, portions of Federal land have been closed to target
practice and marksmanship training for many reasons;
(3) the availability of public target ranges on non-Federal
land has been declining for a variety of reasons, including
continued population growth and development near former
ranges;
(4) providing opportunities for target practice and
marksmanship training at public target ranges on Federal and
non-Federal land can help--
(A) to promote enjoyment of shooting, recreational, and
hunting activities; and
(B) to ensure safe and convenient locations for those
activities;
(5) Federal law in effect on the date of enactment of this
Act, including the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669 et seq.), provides Federal support for
construction and expansion of public target ranges by making
available to States amounts that may be used for
construction, operation, and maintenance of public target
ranges; and
(6) it is in the public interest to provide increased
Federal support to facilitate the construction or expansion
of public target ranges.
(b) Purpose.--The purpose of this Act is to facilitate the
construction and expansion of public target ranges, including
ranges on Federal land managed by the Forest Service and the
Bureau of Land Management.

SEC. 3. DEFINITION OF PUBLIC TARGET RANGE.

In this Act, the term ``public target range'' means a
specific location that--
(1) is identified by a governmental agency for recreational
shooting;
(2) is open to the public;
(3) may be supervised; and
(4) may accommodate archery or rifle, pistol, or shotgun
shooting.

SEC. 4. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION
ACT.

(a) Definitions.--Section 2 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669a) is amended--
(1) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) the term `public target range' means a specific
location that--
``(A) is identified by a governmental agency for
recreational shooting;
``(B) is open to the public;
``(C) may be supervised; and
``(D) may accommodate archery or rifle, pistol, or shotgun
shooting;''.
(b) Expenditures for Management of Wildlife Areas and
Resources.--Section 8(b) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669g(b)) is amended--
(1) by striking ``(b) Each State'' and inserting the
following:
``(b) Expenditures for Management of Wildlife Areas and
Resources.--
``(1) In general.--Except as provided in paragraph (2),
each State'';
(2) in paragraph (1) (as so designated), by striking
``construction, operation,'' and inserting ``operation'';
(3) in the second sentence, by striking ``The non-Federal
share'' and inserting the following:
``(3) Non-federal share.--The non-Federal share'';
(4) in the third sentence, by striking ``The Secretary''
and inserting the following:
``(4) Regulations.--The Secretary''; and
(5) by inserting after paragraph (1) (as designated by
paragraph (1) of this subsection) the following:
``(2) Exception.--Notwithstanding the limitation described
in paragraph (1), a State may pay up to 90 percent of the
cost of acquiring land for, expanding, or constructing a
public target range.''.
(c) Firearm and Bow Hunter Education and Safety Program
Grants.--Section 10 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669h-1) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Allocation of additional amounts.--Of the amount
apportioned to a State for any fiscal year under section
4(b), the State

[[Page S4030]]

may elect to allocate not more than 10 percent, to be
combined with the amount apportioned to the State under
paragraph (1) for that fiscal year, for acquiring land for,
expanding, or constructing a public target range.'';
(2) by striking subsection (b) and inserting the following:
``(b) Cost Sharing.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of any activity carried out using a
grant under this section shall not exceed 75 percent of the
total cost of the activity.
``(2) Public target range construction or expansion.--The
Federal share of the cost of acquiring land for, expanding,
or constructing a public target range in a State on Federal
or non-Federal land pursuant to this section or section 8(b)
shall not exceed 90 percent of the cost of the activity.'';
and
(3) in subsection (c)(1)--
(A) by striking ``Amounts made'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
amounts made''; and
(B) by adding at the end the following:
``(B) Exception.--Amounts provided for acquiring land for,
constructing, or expanding a public target range shall remain
available for expenditure and obligation during the 5-fiscal-
year period beginning on October 1 of the first fiscal year
for which the amounts are made available.''.

SEC. 5. LIMITS ON LIABILITY.

(a) Discretionary Function.--For purposes of chapter 171 of
title 28, United States Code (commonly referred to as the
``Federal Tort Claims Act''), any action by an agent or
employee of the United States to manage or allow the use of
Federal land for purposes of target practice or marksmanship
training by a member of the public shall be considered to be
the exercise or performance of a discretionary function.
(b) Civil Action or Claims.--Except to the extent provided
in chapter 171 of title 28, United States Code, the United
States shall not be subject to any civil action or claim for
money damages for any injury to or loss of property, personal
injury, or death caused by an activity occurring at a public
target range that is--
(1) funded in whole or in part by the Federal Government
pursuant to the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669 et seq.); or
(2) located on Federal land.

SEC. 6. SENSE OF CONGRESS REGARDING COOPERATION.

It is the sense of Congress that, consistent with
applicable laws and regulations, the Chief of the Forest
Service and the Director of the Bureau of Land Management
should cooperate with State and local authorities and other
entities to carry out waste removal and other activities on
any Federal land used as a public target range to encourage
continued use of that land for target practice or
marksmanship training.
______

By Mr. BINGAMAN (for himself and Mrs. Hutchison):
S. 1257. A bill establish grant programs to improve the health of
border area residents and for all hazards preparedness in the border
area including bioterrorism and infectious disease, and for other
purposes; to the Committee on Health, Education, Labor, and Pensions.
Mr. BINGAMAN. Mr. President, I rise today to introduce the Border
Health Security Act of 2011.
This legislation is designed to make several important changes to
current law to address pressing public health challenges along the
U.S.-Mexico border.
In 1993, along with Senators Hutchison and McCain, I introduced the
original United States-Mexico Border Health Commission Act. With the
support of Members from both chambers, and from both parties, we passed
this landmark legislation, which was signed into law in 1994 by
President Clinton. I was gratified when the bi-national agreement to
establish the Commission was signed in 2000. And, I have monitored with
interest the important work of the U.S.-Mexico Border Health Commission
in the years since.
As the Commission enters its second decade, the problems it seeks to
deal with are no less pressing than those we originally set out to
tackle with the Border Health Commission Act.
Health disparities and chronic diseases for the over 14 million
people who live in the border region, comprised of two sovereign
nations, 25 Native American tribes, and four states in the United
States and six states in Mexico, remain at unacceptable levels, far
outpacing rates in most of the United States. Far too many border
residents remain uninsured. Texas and New Mexico, for instance, rank
first and fifth, respectively, in the percentage of residents who are
uninsured. Many who live in the region still do not have access to
adequate primary, preventive, and specialty care. If the border region
were considered a state, it would rank at or near the bottom on many
key health indicators, such as rates of tuberculosis, hepatitis,
diabetes, and access to health professionals. Compounding all these
problems are high rates of poverty; three of the ten poorest counties
in the United States are located in the border area.
In addition, communicable diseases that can easily travel across
borders, such as tuberculosis and H1N1, strain our border's public
health systems. Amplifying our public health surveillance efforts at
our border can help mitigate the impact of such diseases, as well as
other bio-security threats, in the rest of the nation.
I believe, just as I did when I introduced the original legislation,
that the public health problems the border region faces are truly bi-
national in nature. As such, they demand a truly bi-national public
health architecture. Over the last 11 years, the U.S.-Mexico Border
Health Commission has provided this structure as it worked to address
these issues. It has had a number of successes, including notable
conferences and reports on infectious disease surveillance, childhood
obesity, and tuberculosis, developed jointly by both its U.S. and
Mexican members. Its programs were particularly helpful as we
coordinated our response to the H1N1 pandemic in 2009.
Still, the public health challenges in the border remain great. As
the Commission enters into its second decade, this bipartisan
legislation will strengthen the capacity of the Commission and
authorize appropriate federal resources for its important work.
The legislation does this in several ways. First, through a new grant
program, it authorizes additional funding to improve the
infrastructure, access, and the delivery of health care services along
the entire U.S.-Mexico border.
These grants would be flexible and allow the individual communities
to establish their own priorities with which to spend these funds for
the following range of purposes: maternal and child health, primary
care and preventative health, public health and public health
infrastructure, health promotion, oral health, behavioral and mental
health, substance abuse, health conditions that have a high prevalence
in the border region, medical and health services research, community
health workers or promotoras, health care infrastructure, including
planning and construction grants, health disparities, environmental
health, health education, and research.
Second, it authorizes new, funding for the successful Early Warning
Infectious Disease Surveillance, EWIDS, program in the U.S.-Mexico
border region. EWIDS is designed to bolster preparedness for
bioterrorism and infectious disease. The legislation also establishes a
health alert network to identify and communicate information quickly to
health providers about emerging health care threats. It requires the
Department of Health and Human Services and the Department of Homeland
Security to coordinate this system.
Third, it strengthens the capacity of the U.S.-Mexico Border Health
Commission by undertaking several key organizational reforms.
Finally, the legislation encourages more coordination,
recommendations, and study of these complex border health challenges.
The bill affirms the need for integrated efforts across national,
federal, state and local agencies to properly address border health
issues. It specifies that recommendations and advice on how to improve
border health will be communicated to Congress. Further, the
legislation authorizes two key studies conducted by the Institute of
Medicine: the first on bi-national health infrastructure and a second
on health insurance coverage for border residents. A total of $31
million is authorized to carry out the act.
Without the changes and resources this legislation envisions, border
residents will continue to lag behind the United States in many key
indicators of good public health. Without this bill, both of our
countries will be less prepared when the next bi-national health
security threat hits.
I would like to thank Senator Hutchison, who was an original
cosponsor of the U.S.-Mexico Border Health Commission legislation,
Public Law 103-400, that we passed in 1994 and is the lead cosponsor of
this legislation today. She has also been the lead Senator in getting
funding for the U.S.-

[[Page S4031]]

Mexico Border Health Commission since its inception.
I urge the adoption of this bipartisan legislation by this Congress.
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. 1257

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 ``Border Health Security Act
of 2011''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) The United States-Mexico border is an interdependent
and dynamic region of 14,538,209 people with significant and
unique public health challenges.
(2) These challenges include low rates of health insurance
coverage, poor access to health care services, and high rates
of dangerous diseases, such as tuberculosis, diabetes, and
obesity.
(3) As the 2009 novel influenza A (H1N1) outbreak
illustrates, diseases do not respect international
boundaries, therefore, a strong public health effort at and
along the U.S.-Mexico border is crucial to not only protect
and improve the health of Americans but also to help secure
the country against biosecurity threats.
(4) For 11 years, the United States-Mexico Border Health
Commission has served as a crucial bi-national institution to
address these unique and truly cross-border health issues.
(5) Two initiatives resulting from the United States-Mexico
Border Health Commission's work speak to the importance of an
infrastructure that facilitates cross border communication at
the ground level. First, the Early Warning Infectious Disease
Surveillance (EWIDS), started in 2004, surveys infectious
diseases passing among border States allowing for early
detection and intervention. Second, the Ventanillas de Salud
program, allows Mexican consulates, in collaboration with
United States nonprofit health organizations, to provide
information and education to Mexican citizens living and
working in the United States through a combination of Mexican
state funds and private grants. This program reaches an
estimated 1,500,000 people in the United States.
(6) As the United States-Mexico Border Health Commission
enters its second decade, and as these issues grow in number
and complexity, the Commission requires additional resources
and modifications which will allow it to provide stronger
leadership to optimize health and quality of life along the
United States-Mexico border.

SEC. 3. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT
AMENDMENTS.

The United States-Mexico Border Health Commission Act (22
U.S.C. 290n et seq.) is amended--
(1) in section 3--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(3) to serve as an independent and objective body to both
recommend and implement initiatives that solve border health
issues'';
(2) in section 5--
(A) in subsection (b), by striking ``should be the leader''
and inserting ``shall be the Chair''; and
(B) by adding at the end the following:
``(d) Providing Advice and Recommendations to Congress.--A
member of the Commission may at any time provide advice or
recommendations to Congress concerning issues that are
considered by the Commission. Such advice or recommendations
may be provided whether or not a request for such is made by
a member of Congress and regardless of whether the member or
individual is authorized to provide such advice or
recommendations by the Commission or any other Federal
official.'';
(3) by redesignating section 8 as section 13;
(4) by striking section 7 and inserting the following:

``SEC. 7. BORDER HEALTH GRANTS.

``(a) Eligible Entity Defined.--In this section, the term
`eligible entity' means a State, public institution of higher
education, local government, Indian tribe, tribal
organization, urban Indian organization, nonprofit health
organization, trauma center, or community health center
receiving assistance under section 330 of the Public Health
Service Act (42 U.S.C. 254b), that is located in the border
area.
``(b) Authorization.--From amounts appropriated under
section 12, the Secretary, acting through the Commissioners,
shall award grants to eligible entities to address priorities
and recommendations outlined by the Commission's Strategic
and Operational Plans, as authorized under section 9, to
improve the health of border area residents.
``(c) Application.--An eligible entity that desires a grant
under subsection (b) shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(d) Use of Funds.--An eligible entity that receives a
grant under subsection (b) shall use the grant funds for--
``(1) programs relating to--
``(A) maternal and child health;
``(B) primary care and preventative health;
``(C) infectious disease testing and monitoring;
``(D) public health and public health infrastructure;
``(E) health promotion;
``(F) oral health;
``(G) behavioral and mental health;
``(H) substance abuse;
``(I) health conditions that have a high prevalence in the
border area;
``(J) medical and health services research;
``(K) workforce training and development;
``(L) community health workers or promotoras;
``(M) health care infrastructure problems in the border
area (including planning and construction grants);
``(N) health disparities in the border area;
``(O) environmental health;
``(P) health education;
``(Q) outreach and enrollment services with respect to
Federal programs (including programs authorized under titles
XIX and XXI of the Social Security Act (42 U.S.C. 1396 and
1397aa));
``(R) trauma care;
``(S) health research with an emphasis on infectious
disease;
``(T) epidemiology and health research;
``(U) cross-border health surveillance coordinated with
Mexican Health Authorities;
``(V) obesity, particularly childhood obesity;
``(W) crisis communication, domestic violence, substance
abuse, health literacy, and cancer; or
``(X) community-based participatory research on border
health issues; or
``(2) other programs determined appropriate by the
Secretary.
``(e) Supplement, Not Supplant.--Amounts provided to an
eligible entity awarded a grant under subsection (b) shall be
used to supplement and not supplant other funds available to
the eligible entity to carry out the activities described in
subsection (d).

``SEC. 8. GRANTS FOR EARLY WARNING INFECTIOUS DISEASE
SURVEILLANCE (EWIDS) PROJECTS IN THE BORDER
AREA.

``(a) Eligible Entity Defined.--In this section, the term
`eligible entity' means a State, local government, Indian
tribe, tribal organization, urban Indian organization, trauma
centers, regional trauma center coordinating entity, or
public health entity.
``(b) Authorization.--From funds appropriated under section
12, the Secretary shall award grants under the Early Warning
Infectious Disease Surveillance (EWIDS) project to eligible
entities for infectious disease surveillance activities in
the border area.
``(c) Application.--An eligible entity that desires a grant
under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(d) Uses of Funds.--An eligible entity that receives a
grant under subsection (b) shall use the grant funds to, in
coordination with State and local all hazards programs--
``(1) develop and implement infectious disease surveillance
plans and readiness assessments and purchase items necessary
for such plans;
``(2) coordinate infectious disease surveillance planning
in the region with appropriate United States-based agencies
and organizations as well as appropriate authorities in
Mexico or Canada;
``(3) improve infrastructure, including surge capacity,
syndromic surveillance, laboratory capacity, and isolation/
decontamination capacity;
``(4) create a health alert network, including risk
communication and information dissemination;
``(5) educate and train clinicians, epidemiologists,
laboratories, and emergency personnel;
``(6) implement electronic data systems to coordinate the
triage, transportation, and treatment of multi-casualty
incident victims;
``(7) provide infectious disease testing in the border
area; and
``(8) carry out such other activities identified by the
Secretary, the United States-Mexico Border Health Commission,
State and local public health offices, and border health
offices at the United States-Mexico or United States-Canada
borders.

``SEC. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS.

``(a) Strategic Plan.--
``(1) In general.--Not later than 5 years after the date of
enactment of this section, and every 5 years thereafter, the
Commission (including the participation of members of both
the United States and Mexican sections) shall prepare a
binational strategic plan to guide the operations of the
Commission and submit such plan to the Secretary and Congress
(and the Mexican legislature).
``(2) Requirements.--The binational strategic plan under
paragraph (1) shall include--
``(A) health-related priority areas determined most
important by the full membership of the Commission;
``(B) recommendations for goals, objectives, strategies and
actions designed to address such priority areas; and
``(C) a proposed evaluation framework with output and
outcome indicators appropriate to gauge progress toward
meeting the objectives and priorities of the Commission.
``(b) Work Plan.--Not later than January 1, 2012 and every
other January 1 thereafter, the Commission shall develop and
approve an

[[Page S4032]]

operational work plan and budget based on the strategic plan
under subsection (a). At the end of each such work plan
cycle, the Government Accountability Office shall conduct an
evaluation of the activities conducted by the Commission
based on output and outcome indicators included in the
strategic plan. The evaluation shall include a request for
written evaluations from the commissioners about barriers and
facilitators to executing successfully the Commission work
plan.
``(c) Biannual Reporting.--The Commission shall issue a
biannual report to the Secretary which provides independent
policy recommendations related to border health issues. Not
later than 3 months following receipt of each such biannual
report, the Secretary shall provide the report and any
studies or other material produced independently by the
Commission to Congress.
``(d) Audits.--The Secretary shall annually prepare an
audited financial report to account for all appropriated
assets expended by the Commission to address both the
strategic and operational work plans for the year involved.
``(e) By-laws.--Not less than 6 months after the date of
enactment of this section, the Commission shall develop and
approve bylaws to provide fully for compliance with the
requirements of this section.
``(f) Transmittal to Congress.--The Commission shall submit
copies of the work plan and by-laws to Congress. The
Government Accountability Office shall submit a copy of the
evaluation to Congress.

``SEC. 10. BINATIONAL HEALTH INFRASTRUCTURE AND HEALTH
INSURANCE.

``(a) In General.--The Secretary shall enter into a
contract with the Institute of Medicine for the conduct of a
study concerning binational health infrastructure (including
trauma and emergency care) and health insurance efforts. In
conducting such study, the Institute shall solicit input from
border health experts and health insurance issuers.
``(b) Report.--Not later than 1 year after the date on
which the Secretary enters into the contract under subsection
(a), the Institute of Medicine shall submit to the Secretary
and the appropriate committees of Congress a report
concerning the study conducted under such contract. Such
report shall include the recommendations of the Institute on
ways to establish, expand, or improve binational health
infrastructure and health insurance efforts.

``SEC. 11. COORDINATION.

``(a) In General.--To the extent practicable and
appropriate, plans, systems and activities to be funded (or
supported) under this Act for all hazard preparedness, and
general border health, should be coordinated with Federal,
State, and local authorities in Mexico and the United States.
``(b) Coordination of Health Services and Surveillance.--
The Secretary may coordinate with the Secretary of Homeland
Security in establishing a health alert system that--
``(1) alerts clinicians and public health officials of
emerging disease clusters and syndromes along the border
area; and
``(2) is alerted to signs of health threats, disasters of
mass scale, or bioterrorism along the border area.

``SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

``There is authorized to be appropriated to carry out this
Act $31,000,000 for fiscal year 2012 and each succeeding year
subject to the availability of appropriations for such
purpose. Of the amount appropriated for each fiscal year, at
least $1,000,000 shall be made available to fund
operationally-feasible functions and activities with respect
to Mexico. The remaining funds shall be allocated for the
administration of United States activities under this Act,
border health activities under cooperative agreements with
the border health offices of the States of California,
Arizona, New Mexico, and Texas, the border health and EWIDS
grant programs, and the Institute of Medicine and Government
Accountability Office reports.''; and
(5) in section 13 (as so redesignated)--
(A) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(B) by inserting after paragraph (2), the following:
``(3) Indians; indian tribe; tribal organization; urban
indian organization.--The terms `Indian', `Indian tribe',
`tribal organization', and `urban Indian organization' have
the meanings given such terms in section 4 of the Indian
Health Care Improvement Act (25 U.S.C. 1603).''.
______

By Mr. DURBIN (for himself and Mr. Boozman):
S. 1259. A bill to amend the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 to prohibit the provision of
peacekeeping operations assistance to governments of countries that
recruit and use child soldiers; to the Committee on Foreign Relations.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 1259

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 ``Trafficking Victims Enhanced
Protection Act of 2011''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) There are as many as 300,000 child soldiers in use by
state-run armies, paramilitaries, and guerilla groups in
roughly 21 countries around the world and in almost every
region of the world.
(2) The 2010 Trafficking in Persons Report defines a child
soldier as any person under 18 years of age who directly
takes part in hostilities, has been compulsorily or
voluntarily recruited as a member of a government's armed
forces, or has been recruited or used in hostilities by armed
forces distinct from the armed forces of a state.
(3) Children are used as soldiers, combatants, spies,
scouts, decoys, guards, cooks, human mine detectors, and even
sex slaves, robbing them of their childhood. Children are
forced to join such groups physically, economically, or
socially, or lured with promises of food, money, or security.
(4) Exploitation of these children leaves them stigmatized
and traumatized. Children also suffer higher mortality,
disease, and injury rates in combat situations than adults,
putting their health and lives at risk.
(5) The William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (Public Law 110-457) prohibits
the provision of International Military Education and
Training (IMET) and Foreign Military Funds (FMF) assistance
to countries found to use child soldiers.
(6) The first report required under WTVPRA, published in
2010, identified 6 countries found to use child soldiers:
Burma, Somalia, the Democratic Republic of Congo (DRC),
Sudan, Yemen, and Chad.
(7) On October 25, 2010, President Barack Obama exercised
his waiver authority for 4 of the 6 countries to include the
Democratic Republic of Congo (DRC), Sudan, Yemen, and Chad,
which allowed the United States Government to provide both
IMET and FMF funding to these countries.
(8) United States peacekeeping funds that were not
restricted in the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 have been provided to
Somalia, despite the use of child soldiers in that country
and United States efforts to halt such practices.

SEC. 3. PROHIBITION ON PROVISION OF PEACEKEEPING OPERATIONS
ASSISTANCE TO CERTAIN GOVERNMENTS.

Section 404(a) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (22 U.S.C.
2370c-1(a)) is amended by striking ``section 516 or 541 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j or
2347)'' and inserting ``section 516, 541, or 551 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j, 2347, or
2348)''.
______

By Mr. AKAKA:
S. 1260. A bill to require financial literacy and economic education
counseling for student borrowers, and for other purposes; to the
Committee on Health, Education, Labor, and Pensions.
Mr. AKAKA. 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. 1260

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 ``College Literacy in Finance
and Economics Act of 2011'' or the ``College LIFE Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Student borrowing is widespread in higher education,
and more than $100,000,000,000 in Federal education loans are
originated each year. In 2008, 62 percent of recipients of a
baccalaureate degree graduated with student debt.
(2) Forty-eight percent of students at 4-year public
institutions of higher education borrow money to pay for
college, as do 57 percent of students at 4-year private
institutions of higher education, and 96 percent of students
at for-profit institutions of higher education.
(3) In 2008, 92 percent of Black students, 85 percent of
Hispanic students, 85 percent of American Indian/Alaska
Native students, 82 percent of multi-racial students, 80
percent of Native Hawaiian/Pacific Islander students, 77
percent of White students, and 68 percent of Asian students
received financial aid.
(4) Students depart from institutions of higher education
with significant debt. In 2008, the average student loan debt
among graduates of institutions of higher education was
$23,186, and 1 in 10 recipients of a baccalaureate degree
graduated at least $40,000 in debt. In 2008, 57 percent of
recipients of a baccalaureate degree from a for-profit
institution of higher education owed more than $30,000, and
the median amount of debt was $32,700. Since 2003, the
average cumulative debt among students at institutions of
higher education has increased by 5.6 percent each year.
(5) Students enrolled in for-profit institutions of higher
education account for 47 percent of all student loan
defaults, despite representing approximately 10 percent of
all

[[Page S4033]]

students enrolled in institutions of higher education. Since
2003, the national cohort default rate has increased from 4.5
percent to 7 percent.
(6) Students rely on access to credit. Fifty-six percent of
dependent students at institutions of higher education had a
credit card in their own name in 2004. The average credit
card balance among such students who were carrying a balance
on their cards was $2,000.
(7) According to the National Foundation for Credit
Counseling, the majority of adults (56 percent of adults in
the United States, or 127,000,000 people) do not have a
budget or keep close track of expenses or spending.
(8) According to a 2009 National Bankruptcy Research Center
study, consumers who received financial education through
pre-bankruptcy counseling had 27.5 percent fewer delinquent
accounts and remained current on their accounts for 29
percent longer.
(9) According to the Financial Industry Regulatory
Authority Investor Education Foundation, less than one-third
of young adults (ages 18 to 29) set aside emergency savings
to weather unexpected financial challenges.
(10) According to a Jump$tart Coalition for Personal
Financial Literacy survey, 62 percent of high school students
cannot pass a basic personal finance exam, and financial
literacy scores among future higher education students are
low.
(11) According to research by the National Endowment for
Financial Education and the University of Arizona, schools
are the institutions that students trust most to help
increase their knowledge of personal finance.

SEC. 3. FINANCIAL LITERACY COUNSELING.

Section 485 of the Higher Education Act of 1965 (20 U.S.C.
1092) is amended by adding at the end the following:
``(n) Financial Literacy Counseling.--
``(1) In general.--Each eligible institution shall provide
financial literacy counseling to student borrowers in
accordance with the requirements of this subsection,
through--
``(A) financial aid offices;
``(B) an employee or group of employees designated under
subsection (c); or
``(C) a partnership with a nonprofit organization that has
substantial experience developing or administering financial
literacy and economic education curricula, which may include
an organization that has received grant funding under the
Excellence in Economic Education Act of 2001 (20 U.S.C. 7267
et seq.).
``(2) Entrance and exit counseling required.--
``(A) In general.--Financial literacy counseling, as
required under this subsection, shall be provided to student
borrowers on the following 2 occasions:
``(i) Entrance counseling.--Such counseling shall be
provided not later than 45 days after the first disbursement
of a borrower's first loan that is made, insured, or
guaranteed under part B, made under part D, or made under
part E. Financial literacy counseling on this occasion may be
provided in conjunction with the entrance counseling
described in subsection (l), if the financial literacy
counseling component is provided in accordance with the
requirements of subparagraph (C).
``(ii) Exit counseling.--Such financial literacy counseling
shall be provided, in addition to the financial literacy
counseling provided under clause (i), prior to the completion
of the course of study for which the borrower enrolled at the
institution or at the time of departure from such
institution, to each borrower of a loan that is made,
insured, or guaranteed under part B, made under part D, or
made under part E. Financial literacy counseling on this
occasion may be provided in conjunction with the exit
counseling described in subsection (b), if the financial
literacy counseling component is provided in accordance with
the requirements of subparagraph (C).
``(B) Exceptions.--The requirements of subparagraph (A)
shall not apply to borrowers of--
``(i) a loan made, insured, or guaranteed pursuant to
section 428C;
``(ii) a loan made, insured, or guaranteed on behalf of a
student pursuant to section 428B; or
``(iii) a loan made under part D that is a Federal Direct
Consolidation Loan or a Federal Direct PLUS loan made on
behalf of a student.
``(C) Minimum counseling requirements.--Such financial
literacy counseling shall include a total of not less than 4
hours of counseling on the occasion described in subparagraph
(A)(i), and an additional period of not less than 4 hours of
counseling on the occasion described in subparagraph (A)(ii).
A total of not more than 2 hours of counseling for each of
the occasions described in subparagraph (A) shall be provided
electronically.
``(D) Early departure.--Notwithstanding subparagraph (C),
if a borrower leaves an eligible institution without the
prior knowledge of such institution, the institution shall
attempt to provide the information required under this
subsection to the student in writing.
``(3) Information to be provided.--Financial literacy
counseling, as required under this subsection, shall include
information on the Financial Education Core Competencies as
determined by the Financial Literacy and Education Commission
established under title V of the Fair and Accurate Credit
Transactions Act of 2003 (20 U.S.C. 9701 et seq.).
``(4) Use of interactive programs.--The Secretary may
encourage institutions to carry out the requirements of this
subsection through the use of interactive programs that test
the borrower's understanding of the financial literacy
information provided through counseling under this
subsection, using simple and understandable language and
clear formatting.
``(5) Model financial literacy counseling curriculum.--Not
later than 1 year after the date of enactment of the College
Literacy in Finance and Economics Act of 2011, the Secretary
shall develop a curriculum in accordance with the
requirements of paragraph (3), which eligible institutions
may use to fulfill the requirements of this subsection. In
developing such curriculum, the Secretary may consult with
members of the Financial Literacy and Education Commission.'

____________________