[Congressional Record Volume 157, Number 99 (Wednesday, July 6, 2011)]
[Senate]
[Pages S4395-S4401]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. REED (for himself, Mr. Cochran, Mrs. Murray, Mr.
Rockefeller, and Mr. Whitehouse):
S. 1328. A bill to amend the Elementary and Secondary Education Act
of 1965 regarding school libraries, and for other purposes; to the
Committee on Health, Education, Labor, and Pensions.
Mr. REED. Mr. President, today I introduce with my colleagues
Senators Cochran, Murray, Rockefeller, and Whitehouse, the
Strengthening Kids' Interest in Learning and Libraries Act bill.
Our bipartisan legislation will reauthorize and strengthen the school
library program of the Elementary and Secondary Education Act. The key
improvements to the program include ensuring that elementary, middle,
and high school students are served; expanding professional development
to include digital literacy instruction and reading and writing
instruction across all grade levels; focusing on coordination and
shared planning time between teachers and librarians; awarding grants
for a period of three years; and ensuring that books and materials are
appropriate for and gain the interest of students with special learning
needs, including English learners.
The SKILLS Act will also strengthen Title I by asking state and
school district plans to address the development of effective school
library programs to help students develop digital literacy skills,
master the knowledge and skills in the challenging academic content
standards adopted by the state, and graduate from high school ready for
college and careers. Additionally, the legislation will broaden the
focus of training, professional development, and recruitment activities
under Title II to include school librarians.
Since 1965, more than 60 education and library studies have produced
clear evidence that school libraries staffed by qualified librarians
have a positive impact on student academic achievement. Knowing how to
find and use information are essential skills for college and careers.
A good school library, staffed by a trained school librarian, is where
students develop and hone these skills.
The SKILLS Act will build on the success of the Improving Literacy
through School Libraries programs that was part of the No Child Left
Behind Act and is the only Federal initiative solely dedicated to
supporting and enhancing our Nation's school libraries. The Department
of Education's January 2009 evaluation of the program found that it had
been successful in improving the quality of those school libraries
receiving the grants. Unfortunately, even in the face of all the
evidence of the role school libraries play in boosting student
achievement and the efficacy of the program itself, the Administration
opted not to use its authority to provide funding for the school
library program under the fiscal year 2011 continuing resolution.
This was a very short-sighted decision. Since its enactment in 2002,
the Improving Literacy through School Libraries program has been making
a difference for students across the country.
In Rhode Island, for instance, this program supported the Get READY,
Get Ready, Empowered And Determined Youth, project of the Woonsocket
school district, which encompassed a comprehensive strategy to improve
the reading skills and academic achievement of 6,296 students, in
grades K-12, by addressing critical elements of an effective school
library program. Grant funds allowed the district to replace outdated
library materials, add one to two books per student at each library,
extend library hours, and add new computers to connect students to
information at other libraries. The funds also increased resources for
professional development in technology training for teachers and
librarians.
Absent the Federal program, the libraries in many of our high poverty
schools will languish with outdated materials and technology. This is a
true equity issue, which is why I will continue to fight to sustain our
Federal investment in this area and why renewing and strengthening the
school library program is of critical importance.
I urge my colleagues to join in cosponsoring the Strengthening Kids'
Interest in Learning and Libraries 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. 1328
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 ``Strengthening Kids' Interest
in Learning and Libraries Act'' or the ``SKILLS Act''.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, wherever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.).
TITLE I--IMPROVING EDUCATION THROUGH SCHOOL LIBRARIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Section 1002(b)(4) (20 U.S.C. 6302(b)(4)) is amended to
read as follows:
``(4) Improving literacy through school libraries.--For the
purpose of carrying out subpart 4 of part B, there are
authorized to
[[Page S4396]]
be appropriated such sums as may be necessary for fiscal year
2012 and for each of the 5 succeeding fiscal years.''.
SEC. 102. STATE PLANS.
Section 1111(b)(8) (20 U.S.C. 6311(b)(8)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``or include'' after ``describe'';
(2) in subparagraph (D), by striking ``and'' after the
semicolon;
(3) by redesignating subparagraph (E) as subparagraph (F);
and
(4) by inserting after subparagraph (D) the following:
``(E) an assurance that the State educational agency will
assist local educational agencies in developing effective
school library programs to provide students an opportunity to
develop digital literacy skills and the knowledge and skills
described in the challenging academic content standards
adopted by the State; and''.
SEC. 103. LOCAL EDUCATIONAL AGENCY PLANS.
Section 1112(c)(1) (20 U.S.C. 6312(c)(1)) is amended--
(1) in subparagraph (N), by striking ``and'' after the
semicolon;
(2) in subparagraph (O), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(P) assist each school served by the agency and assisted
under this part in developing effective school library
programs consistent with section 1111(b)(8)(E).''.
SEC. 104. SCHOOLWIDE PROGRAMS.
Section 1114(b)(1)(D) (20 U.S.C. 6314(b)(1)(D)) is amended
by inserting ``school librarians,'' after ``teachers,''.
SEC. 105. TARGETED ASSISTANCE PROGRAMS.
Section 1115(c)(1)(F) (20 U.S.C. 6315(c)(1)(F)) is amended
by inserting ``school librarians,'' after ``teachers,''.
SEC. 106. IMPROVING LITERACY AND COLLEGE AND CAREER READINESS
THROUGH EFFECTIVE SCHOOL LIBRARY PROGRAMS.
Subpart 4 of part B of title I (20 U.S.C. 6383) is amended
to read as follows:
``Subpart 4--Improving Literacy and College and Career Readiness
Through Effective School Library Programs
``SEC. 1251. IMPROVING LITERACY AND COLLEGE AND CAREER
READINESS THROUGH EFFECTIVE SCHOOL LIBRARY
PROGRAMS.
``(a) Purpose.--The purpose of this subpart is to improve
students' literacy skills and readiness for higher education
and careers, by providing students with effective school
library programs.
``(b) Definition of Eligible Entity.--In this section, the
term `eligible entity' means--
``(1) a local educational agency in which 20 percent of the
students served by the local educational agency are from
families with incomes below the poverty line; or
``(2) a consortia of such local educational agencies.
``(c) Reservation.--From the funds appropriated under
section 1002(b)(4) for a fiscal year, the Secretary shall
reserve--
``(1) one-half of 1 percent to award assistance under this
section to the Bureau of Indian Education to carry out
activities consistent with the purpose of this subpart; and
``(2) one-half of 1 percent to award assistance under this
section to the outlying areas according to their respective
needs for assistance under this subpart.
``(d) Grants to Local Educational Agencies.--
``(1) In general.--From amounts appropriated under section
1002(b)(4) and not reserved under subsection (c), the
Secretary shall award grants, on a competitive basis, to
eligible entities to enable such entities to carry out the
authorized activities described in subsection (e).
``(2) Sufficient size and scope.--The Secretary shall award
grants under this section of sufficient size and scope to
allow the eligible entities to carry out effective school
library programs for which the grant funds are provided.
``(3) Distribution.--The Secretary shall ensure that grants
under this section are equitably distributed among the
different geographic regions of the United States, and among
eligible entities serving urban and rural areas.
``(4) Duration.--The Secretary shall award grants under
this section for a period of 3 years.
``(5) Local applications.--An eligible entity desiring to
receive 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.
Such application shall include, for each school that the
eligible entity identifies as participating in a grant
program under this section, the following information:
``(A) a needs assessment relating to the need for literacy
improvement at all grade levels and the need for effective
school library programs, based on the age and condition of
school library resources, including--
``(i) book collections;
``(ii) access to advanced technology;
``(iii) the availability of well-trained, State certified
or licensed school librarians; and
``(iv) the current level of coordination and shared
planning time among school librarians and classroom teachers;
``(B) a description of which grade spans will be served,
and an assurance that funding will be distributed to serve
students in elementary, middle, and high schools;
``(C) how the eligible entity will extensively involve
school librarians, teachers, administrators, and parents in
the activities assisted under this section, and the manner in
which the eligible entity will carry out the activities
described in subsection (e) using programs and materials that
are grounded in scientifically valid research;
``(D) the manner in which the eligible entity will
effectively coordinate the funds and activities provided
under this section with Federal, State, and local funds and
activities under this subpart and other literacy, library,
technology, and professional development funds and
activities, including those funded through the Institute of
Museum and Library Services; and
``(E) the manner in which the eligible entity will collect
and analyze data on the quality and impact of activities
carried out under this section by schools served by the
eligible entity.
``(e) Local Activities.--Funds under this section may be
used to develop and enhance effective school library
programs, which may include activities to--
``(1) acquire up-to-date school library resources,
including books and reading materials that--
``(A) are appropriate for students in all grade levels to
be served and for students with special learning needs,
including students who are limited English proficient; and
``(B) engage the interest of readers at all reading levels;
``(2) acquire and use advanced technology, incorporated
into the curricula of the school, to develop and enhance the
digital literacy skills of students;
``(3) facilitate Internet links and other resource-sharing
networks among schools and school libraries, and public and
academic libraries, where possible;
``(4) provide--
``(A) professional development in the acquisition of
digital literacy skills and literacy instruction that is
appropriate for all grades, including the assessment of
student literacy needs, the coordination of reading and
writing instruction across content areas, and training in
literacy strategies in all content areas for school
librarians; and
``(B) activities that foster increased collaboration among
school librarians, teachers, and administrators; and
``(5) provide students with access to school libraries
during nonschool hours, including the hours before and after
school, during weekends, and during summer vacation periods.
``(f) Supplement Not Supplant.--Funds made available under
this section shall be used to supplement, and not supplant,
other Federal, State, and local funds expended to carry out
activities relating to library, technology, or professional
development activities.
``(g) Accountability and Reporting.--Each eligible entity
that receives funds under this section for a fiscal year
shall prepare and submit a report to the Secretary regarding
how the funding was used and the extent to which the
availability of, the access to, and the use of, up-to-date
school library resources in the elementary schools and
secondary schools served by the eligible entity was
increased.''.
TITLE II--PREPARING, TRAINING, AND RECRUITING HIGHLY EFFECTIVE
TEACHERS, SCHOOL LIBRARIANS, AND PRINCIPALS
SEC. 201. TEACHER, SCHOOL LIBRARIAN, AND PRINCIPAL TRAINING
AND RECRUITING FUND.
Title II (20 U.S.C. 6601 et seq.) is amended--
(1) in the title heading, by striking ``HIGH QUALITY
TEACHERS AND PRINCIPALS'' and inserting ``HIGHLY EFFECTIVE
TEACHERS, SCHOOL LIBRARIANS, AND PRINCIPALS''; and
(2) in the part heading, by striking ``TEACHER AND
PRINCIPAL'' and inserting ``TEACHER, SCHOOL LIBRARIAN, AND
PRINCIPAL''.
SEC. 202. PURPOSE.
Section 2101(1) (20 U.S.C. 6601(1)) is amended to read as
follows:
``(1) increase student achievement through strategies such
as--
``(A) improving teacher, school librarian, and principal
quality; and
``(B) increasing the number of highly effective teachers in
the classroom, highly effective school librarians in the
library, and highly effective principals and assistant
principals in the school; and''.
SEC. 203. STATE APPLICATIONS.
Section 2112(b)(4) (20 U.S.C. 6612(b)(4)) is amended by
inserting ``, school librarians,'' before ``and principals''.
SEC. 204. STATE USE OF FUNDS.
Section 2113(c) (20 U.S.C. 6613(c)) is amended--
(1) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by striking
``principals,'' and inserting ``highly effective school
librarians, and highly qualified principals and''; and
(B) in subparagraph (B), by striking ``, principals,'' and
inserting ``, highly effective school librarians, and highly
qualified principals''; and
(2) in paragraph (6), by striking ``teachers and
principals'' each place the term appears and inserting
``teachers, school librarians, and principals''.
SEC. 205. LOCAL USE OF FUNDS.
Section 2123(a) (20 U.S.C. 6623(a)) is amended by inserting
after paragraph (8) the following:
[[Page S4397]]
``(9)(A) Developing and implementing strategies to assist
in recruiting and retaining highly effective school
librarians; and
``(B) providing appropriate professional development for
school librarians, particularly related to skills necessary
to assist students to improve the students' academic
achievement, including digital literacy skills and
preparation for higher education and careers.''.
TITLE III--GENERAL PROVISIONS
SEC. 301. DEFINITIONS.
Section 9101 (20 U.S.C. 7801) is amended--
(1) by redesignating paragraphs (16), (17), and (18)
through (43) as paragraphs (17), (18), and (20) through (45),
respectively;
(2) by inserting after paragraph (15) the following:
``(15) Digital literacy skills.--The term `digital literacy
skills' has the meaning given the term in section 202 of the
Museum and Library Services Act.''; and
(3) by inserting after paragraph (18) (as redesignated by
paragraph (1)) the following:
``(19) Effective school library program.--The term
`effective school library program' means a school library
program that--
``(A) is staffed by a State certified or licensed school
librarian;
``(B) has up-to-date books, materials, equipment, and
technology (including broadband);
``(C) includes regular collaboration between classroom
teachers and school librarians to assist with development and
implementation of the curriculum and other school reform
efforts; and
``(D) supports the development of digital literacy
skills.''.
SEC. 302. CONFORMING AMENDMENTS.
(a) Table of Contents.--The table of contents in section 2
of the Act is amended--
(1) by striking the items relating to subpart 4 of part B
of title I and inserting the following:
``subpart 4--improving literacy and college and career readiness
through effective school library programs
``Sec. 1251. Improving literacy and college and career readiness
through effective school library programs.'';
(2) by striking the item relating to title II and inserting
the following:
``TITLE II--PREPARING, TRAINING, AND RECRUITING HIGHLY EFFECTIVE
TEACHERS, SCHOOL LIBRARIANS, AND PRINCIPALS'';
and
(3) by striking the item relating to part A of title II and
inserting the following:
``PART A--Teacher, School Librarian, and Principal Training and
Recruiting Fund.''.
______
Mr. REED (for himself, Mr. Harkin, Mrs. Murray, Mr. Whitehouse,
Mr. Brown of Ohio, Mr. Schumer, Mr. Leahy, Mr. Casey, and Mr.
Blumenthal):
S. 1333. A bill to provide for the treatment and temporary financing
of short-time compensation programs; to the Committee on Finance.
Mr. REED. Mr. President, today I am introducing the Layoff Prevention
Act, legislation to strengthen and expand work sharing programs to keep
Americans on the job and provide employers with a practical alternative
to layoffs that is good for business.
While the U.S. has experienced 15 consecutive months of private-
sector job creation, too many Americans, nearly 14 million, remain out
of work. Like everyone in my State, I am fully focused on finding ways
to create jobs. As we work to stabilize employment, our efforts should
also be aimed at preventing the loss of jobs in the first place.
This is where work sharing programs make a real difference. If you
are a business owner faced with the prospect of having to let go some
percentage of your highly-skilled workforce because of a rough patch,
work sharing allows you to keep your workers on the job with reduced
hours until you can bring them back on full time when business
rebounds. In this way, a business does not lose out on the considerable
expense and time it has put in to hire and train these workers. This
initiative helps workers by lessening the impact of those reduced hours
on workers and their families because workers receive a proportionate
share of unemployment benefits.
Work sharing has proven to be effective not only in my State of Rhode
Island, but in the more than 20 States and the District of Columbia
that have adopted it across the Nation. At the height of the recession
in 2009, there was a significant jump in employer participation,
demonstrating the program's value to small, medium, and large
businesses. Indeed, according to the Department of Labor, work sharing
programs saved approximately 165,000 jobs in 2009, nearly triple the
number the year prior. As the overall economy improved in 2010, the
system continued to be a valuable tool, saving 100,000 jobs. But these
numbers could be much larger if more States adopted work sharing.
Although work sharing has played an increased role in preventing
layoffs, it remains underutilized. Some States are not actively
promoting its use; while in many other States it is simply not
available.
Despite these limitations, the current economic circumstances have
shined a bright light on the value of job sharing and these initiatives
have been front and center as States are increasingly turning to them
to prevent job losses. A growing number of States with Republican and
Democratic Governors have taken action. In just the past few weeks,
Maine and Pennsylvania have enacted laws to create work sharing
systems, following Colorado, Oklahoma, and New Hampshire last year. The
President has also recognized the potential of work sharing to stave
off further job losses by including in his fiscal year 2012 budget
proposal that expanded on legislation I introduced last Congress.
The bill I am introducing today along with Senators Harkin, Murray,
Schumer, Sherrod Brown, Whitehouse, Leahy, Casey, and Blumenthal builds
on this momentum and encourages States with existing lay off prevention
systems to utilize them more frequently and incentivizes States without
work sharing to create them. It strengthens the legislation that I
authored last Congress by including changes suggested by the business
community, States, economists, and other stakeholders. As in past
versions, it provides States that have approved programs with temporary
Federal financing for 100 percent of work sharing benefits paid to
workers, limited to 26 weeks worth of benefits spread out over the
course of a year. This financing is available for three years.
While the bill is designed to incentivize States to enact permanent
laws to create work sharing, the bill also includes provisions to allow
States to get work sharing up and running more quickly. Specifically, a
State can reach an agreement with the Department of Labor to create a
temporary program under which they would receive 50 percent Federal
financing. This financing incentive would be available for 2 years, and
such States would be eligible for a third year of 100 percent federal
funding if they pass a permanent law.
In addition, the bill provides flexible grants to State labor
agencies at a time when they are doing more with less. States that
enact work sharing programs are eligible for grants to improve
implementation and administration, and there are also grants for
promotion and enrollment. These resources will play a critical role in
ensuring that States are efficiently able to inform employers of its
benefits, and encourage greater use of work sharing to stave off
layoffs. Moreover, as work sharing programs take hold, States will see
their unemployment insurance systems less burdened as fewer individuals
will need to avail themselves of full unemployment benefits.
Simply put, this legislation will help more workers, businesses, and
communities stay afloat, while the country works its way through these
tough economic times. Moreover, the bill lays a needed foundation to
protect businesses and workers from any future recession. It is a win-
win for all.
First, work sharing helps speed economic recovery. Economist Mark
Zandi estimates that temporary financing of work share offers a very
high ``bang for the buck'' of $1.69. That is, every $1 devoted to
finance State work share programs results in $1.69 in real GDP.
Second, work sharing allows businesses to retain skilled workers,
temporarily cut costs, and maintain employee morale.
Third, it keeps people working while receiving a share of
unemployment benefits to make up for lost wages and retaining health
insurance and retirement benefits. This means workers can continue to
pay their mortgages and bills, provide for their families, and support
businesses in their local communities.
Keeping workers attached to the workforce is a key element of
ensuring economic growth.
[[Page S4398]]
This legislation does not reinvent the wheel, it is not a mandate on
employers or States, and it is not telling anyone what they must do.
Instead, it takes a proven jobs-saving initiative, that is
increasingly being used by States, and strengthens and expands it. It
gives more employers in more States the opportunity to take advantage
of its benefits.
I urge my colleagues to join us in supporting this important
legislation. It is my hope that we can proceed in a bipartisan manner
as has been accomplished in the more than 20 States where work sharing
has been adopted and take swift action to pass this legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1333
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 ``Layoff
Prevention Act of 2011''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Treatment of short-time compensation programs.
Sec. 3. Temporary financing of short-time compensation payments in
States with programs in law.
Sec. 4. Temporary financing of short-time compensation agreements.
Sec. 5. Grants for short-time compensation programs.
Sec. 6. Assistance and guidance in implementing programs.
Sec. 7. Reports.
SEC. 2. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS.
(a) Definition.--
(1) In general.--Section 3306 of the Internal Revenue Code
of 1986 (26 U.S.C. 3306) is amended by adding at the end the
following new subsection:
``(v) Short-Time Compensation Program.--For purposes of
this chapter, the term `short-time compensation program'
means a program under which--
``(1) the participation of an employer is voluntary;
``(2) an employer reduces the number of hours worked by
employees in lieu of layoffs;
``(3) such employees whose workweeks have been reduced by
at least 10 percent, and by not more than the percentage, if
any, that is determined by the State to be appropriate (but
in no case more than 60 percent), are eligible for
unemployment compensation;
``(4) the amount of unemployment compensation payable to
any such employee is a pro rata portion of the unemployment
compensation which would otherwise be payable to the employee
if such employee were totally unemployed;
``(5) such employees are not expected to meet the
availability for work or work search test requirements while
collecting short-time compensation benefits, but are required
to be available for their normal workweek;
``(6) eligible employees may participate, as appropriate,
in training (including employer-sponsored training or worker
training funded under the Workforce Investment Act of 1998)
to enhance job skills if such program has been approved by
the State agency;
``(7) the State agency shall require employers to certify
that the employer will continue to provide health benefits
and retirement benefits under a defined benefit plan (as
defined in section 414(j)) and contributions under a defined
contribution plan (as defined in section 414(i)) to any
employee whose workweek is reduced under the program under
the same terms and conditions as though the workweek of such
employee had not been reduced;
``(8) the State agency shall require an employer to submit
a written plan describing the manner in which the
requirements of this subsection will be implemented
(including a plan for giving advance notice, where feasible,
to an employee whose workweek is to be reduced) together with
an estimate of the number of layoffs that would have occurred
absent the ability to participate in short-time compensation
and such other information as the Secretary of Labor
determines is appropriate;
``(9) in the case of employees represented by a union, the
appropriate official of the union has agreed to the terms of
the employer's written plan and implementation is consistent
with employer obligations under the applicable Federal laws;
and
``(10) upon request by the State and approval by the
Secretary of Labor, only such other provisions are included
in the State law that are determined to be appropriate for
purposes of a short-time compensation program.''.
(2) Effective date.--Subject to paragraph (3), the
amendment made by paragraph (1) shall take effect on the date
of the enactment of this Act.
(3) Transition period for existing programs.--In the case
of a State that is administering a short-time compensation
program as of the date of the enactment of this Act and the
State law cannot be administered consistent with the
amendment made by paragraph (1), such amendment shall take
effect on the earlier of--
(A) the date the State changes its State law in order to be
consistent with such amendment; or
(B) the date that is 2 years and 6 months after the date of
the enactment of this Act.
(b) Conforming Amendments.--
(1) Internal revenue code of 1986.--
(A) Subparagraph (E) of section 3304(a)(4) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(E) amounts may be withdrawn for the payment of short-
time compensation under a short-time compensation program (as
defined under section 3306(v));''.
(B) Subsection (f) of section 3306 of the Internal Revenue
Code of 1986 is amended--
(i) by striking paragraph (5) (relating to short-time
compensation) and inserting the following new paragraph:
``(5) amounts may be withdrawn for the payment of short-
time compensation under a short-time compensation program (as
defined in subsection (v)); and''; and
(ii) by redesignating paragraph (5) (relating to self-
employment assistance program) as paragraph (6).
(2) Social security act.--Section 303(a)(5) of the Social
Security Act is amended by striking ``the payment of short-
time compensation under a plan approved by the Secretary of
Labor'' and inserting ``the payment of short-time
compensation under a short-time compensation program (as
defined in section 3306(v) of the Internal Revenue Code of
1986)''.
(3) Unemployment compensation amendments of 1992.--
Subsections (b) through (d) of section 401 of the
Unemployment Compensation Amendments of 1992 (26 U.S.C. 3304
note) are repealed.
SEC. 3. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION
PAYMENTS IN STATES WITH PROGRAMS IN LAW.
(a) Payments to States.--
(1) In general.--Subject to paragraph (3), there shall be
paid to a State an amount equal to 100 percent of the amount
of short-time compensation paid under a short-time
compensation program (as defined in section 3306(v) of the
Internal Revenue Code of 1986, as added by section 2(a))
under the provisions of the State law.
(2) Terms of payments.--Payments made to a State under
paragraph (1) shall be payable by way of reimbursement in
such amounts as the Secretary estimates the State will be
entitled to receive under this section for each calendar
month, reduced or increased, as the case may be, by any
amount by which the Secretary finds that the Secretary's
estimates for any prior calendar month were greater or less
than the amounts which should have been paid to the State.
Such estimates may be made on the basis of such statistical,
sampling, or other method as may be agreed upon by the
Secretary and the State agency of the State involved.
(3) Limitations on payments.--
(A) General payment limitations.--No payments shall be made
to a State under this section for short-time compensation
paid to an individual by the State during a benefit year in
excess of 26 times the amount of regular compensation
(including dependents' allowances) under the State law
payable to such individual for a week of total unemployment.
(B) Employer limitations.--No payments shall be made to a
State under this section for benefits paid to an individual
by the State under a short-time compensation program if such
individual is employed by an employer on a seasonal,
temporary, or intermittent basis.
(b) Applicability.--
(1) In general.--Payments to a State under subsection (a)
shall be available for weeks of unemployment--
(A) beginning on or after the date of the enactment of this
Act; and
(B) ending on or before the date that is 3 years and 6
months after the date of the enactment of this Act.
(2) Three-year funding limitation for combined payments
under this section and section 4.--States may receive
payments under this section and section 4 with respect to a
total of not more than 156 weeks.
(c) Two-year Transition Period for Existing Programs.--
During any period that the transition provision under section
2(a)(3) is applicable to a State with respect to a short-time
compensation program, such State shall be eligible for
payments under this section. Subject to paragraphs (1)(B) and
(2) of subsection (b), if at any point after the date of the
enactment of this Act the State enacts a State law providing
for the payment of short-time compensation under a short-time
compensation program that meets the definition of such a
program under section 3306(v) of the Internal Revenue Code of
1986, as added by section 2(a), the State shall be eligible
for payments under this section after the effective date of
such enactment.
(d) Funding and Certifications.--
(1) Funding.--There are appropriated, out of moneys in the
Treasury not otherwise appropriated, such sums as may be
necessary for purposes of carrying out this section.
(2) Certifications.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section.
(e) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
[[Page S4399]]
(2) State; state agency; state law.--The terms ``State'',
``State agency'', and ``State law'' have the meanings given
those terms in section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
SEC. 4. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION
AGREEMENTS.
(a) Federal-State Agreements.--
(1) In general.--Any State which desires to do so may enter
into, and participate in, an agreement under this section
with the Secretary provided that such State's law does not
provide for the payment of short-time compensation under a
short-time compensation program (as defined in section
3306(v) of the Internal Revenue Code of 1986, as added by
section 2(a)).
(2) Ability to terminate.--Any State which is a party to an
agreement under this section may, upon providing 30 days'
written notice to the Secretary, terminate such agreement.
(b) Provisions of Federal-State Agreement.--
(1) In general.--Any agreement under this section shall
provide that the State agency of the State will make payments
of short-time compensation under a plan approved by the
State. Such plan shall provide that payments are made in
accordance with the requirements under section 3306(v) of the
Internal Revenue Code of 1986, as added by section 2(a).
(2) Limitations on plans.--
(A) General payment limitations.--A short-time compensation
plan approved by a State shall not permit the payment of
short-time compensation to an individual by the State during
a benefit year in excess of 26 times the amount of regular
compensation (including dependents' allowances) under the
State law payable to such individual for a week of total
unemployment.
(B) Employer limitations.--A short-time compensation plan
approved by a State shall not provide payments to an
individual if such individual is employed by an employer on a
seasonal, temporary, or intermittent basis.
(3) Employer payment of costs.--Any short-time compensation
plan entered into by an employer must provide that the
employer will pay the State an amount equal to one-half of
the amount of short-time compensation paid under such plan.
Such amount shall be deposited in the State's unemployment
fund and shall not be used for purposes of calculating an
employer's contribution rate under section 3303(a)(1) of the
Internal Revenue Code of 1986.
(c) Payments to States.--
(1) In general.--There shall be paid to each State with an
agreement under this section an amount equal to--
(A) one-half of the amount of short-time compensation paid
to individuals by the State pursuant to such agreement; and
(B) any additional administrative expenses incurred by the
State by reason of such agreement (as determined by the
Secretary).
(2) Terms of payments.--Payments made to a State under
paragraph (1) shall be payable by way of reimbursement in
such amounts as the Secretary estimates the State will be
entitled to receive under this section for each calendar
month, reduced or increased, as the case may be, by any
amount by which the Secretary finds that the Secretary's
estimates for any prior calendar month were greater or less
than the amounts which should have been paid to the State.
Such estimates may be made on the basis of such statistical,
sampling, or other method as may be agreed upon by the
Secretary and the State agency of the State involved.
(3) Funding.--There are appropriated, out of moneys in the
Treasury not otherwise appropriated, such sums as may be
necessary for purposes of carrying out this section.
(4) Certifications.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section.
(d) Applicability.--
(1) In general.--An agreement entered into under this
section shall apply to weeks of unemployment--
(A) beginning on or after the date on which such agreement
is entered into; and
(B) ending on or before the date that is 2 years and 13
weeks after the date of the enactment of this Act.
(2) Two-year funding limitation.--States may receive
payments under this section with respect to a total of not
more than 104 weeks.
(e) Special Rule.--If a State has entered into an agreement
under this section and subsequently enacts a State law
providing for the payment of short-time compensation under a
short-time compensation program that meets the definition of
such a program under section 3306(v) of the Internal Revenue
Code of 1986, as added by section 2(a), the State--
(1) shall not be eligible for payments under this section
for weeks of unemployment beginning after the effective date
of such State law; and
(2) subject to paragraphs (1)(B) and (2) of section 3(b),
shall be eligible to receive payments under section 3 after
the effective date of such State law.
(f) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(2) State; state agency; state law.--The terms ``State'',
``State agency'', and ``State law'' have the meanings given
those terms in section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
SEC. 5. GRANTS FOR SHORT-TIME COMPENSATION PROGRAMS.
(a) Grants.--
(1) For implementation or improved administration.--The
Secretary shall award grants to States that enact short-time
compensation programs (as defined in subsection (i)(2)) for
the purpose of implementation or improved administration of
such programs.
(2) For promotion and enrollment.--The Secretary shall
award grants to States that are eligible and submit plans for
a grant under paragraph (1) for such States to promote and
enroll employers in short-time compensation programs (as so
defined).
(3) Eligibility.--
(A) In general.--The Secretary shall determine eligibility
criteria for the grants under paragraph (1) and (2).
(B) Clarification.--A State administering a short-time
compensation program, including a program being administered
by a State that is participating in the transition under the
provisions of sections 2(a)(3) and 3(c), that does not meet
the definition of a short-time compensation program under
section 3306(v) of the Internal Revenue Code of 1986 (as
added by 2(a)), and a State with an agreement under section
4, shall not be eligible to receive a grant under this
section until such time as the State law of the State
provides for payments under a short-time compensation program
that meets such definition and such law.
(b) Amount of Grants.--
(1) In general.--The maximum amount available for making
grants to a State under paragraphs (1) and (2) shall be equal
to the amount obtained by multiplying $700,000,000 (less the
amount used by the Secretary under subsection (e)) by the
same ratio as would apply under subsection (a)(2)(B) of
section 903 of the Social Security Act (42 U.S.C. 1103) for
purposes of determining such State's share of any excess
amount (as described in subsection (a)(1) of such section)
that would have been subject to transfer to State accounts,
as of October 1, 2010, under the provisions of subsection (a)
of such section.
(2) Amount available for different grants.--Of the maximum
incentive payment determined under paragraph (1) with respect
to a State--
(A) one-third shall be available for a grant under
subsection (a)(1); and
(B) two-thirds shall be available for a grant under
subsection (a)(2).
(c) Grant Application and Disbursal.--
(1) Application.--Any State seeking a grant under paragraph
(1) or (2) of subsection (a) shall submit an application to
the Secretary at such time, in such manner, and complete with
such information as the Secretary may require. In no case may
the Secretary award a grant under this section with respect
to an application that is submitted after December 31, 2014.
(2) Notice.--The Secretary shall, within 30 days after
receiving a complete application, notify the State agency of
the State of the Secretary's findings with respect to the
requirements for a grant under paragraph (1) or (2) (or both)
of subsection (a).
(3) Certification.--If the Secretary finds that the State
law provisions meet the requirements for a grant under
subsection (a), the Secretary shall thereupon make a
certification to that effect to the Secretary of the
Treasury, together with a certification as to the amount of
the grant payment to be transferred to the State account in
the Unemployment Trust Fund (as established in section 904(a)
of the Social Security Act (42 U.S.C. 1104(a))) pursuant to
that finding. The Secretary of the Treasury shall make the
appropriate transfer to the State account within 7 days after
receiving such certification.
(4) Requirement.--No certification of compliance with the
requirements for a grant under paragraph (1) or (2) of
subsection (a) may be made with respect to any State whose--
(A) State law is not otherwise eligible for certification
under section 303 of the Social Security Act (42 U.S.C. 503)
or approvable under section 3304 of the Internal Revenue Code
of 1986; or
(B) short-time compensation program is subject to
discontinuation or is not scheduled to take effect within 12
months of the certification.
(d) Use of Funds.--The amount of any grant awarded under
this section shall be used for the implementation of short-
time compensation programs and the overall administration of
such programs and the promotion and enrollment efforts
associated with such programs, such as through--
(1) the creation or support of rapid response teams to
advise employers about alternatives to layoffs;
(2) the provision of education or assistance to employers
to enable them to assess the feasibility of participating in
short-time compensation programs; and
(3) the development or enhancement of systems to automate--
(A) the submission and approval of plans; and
(B) the filing and approval of new and ongoing short-time
compensation claims.
(e) Administration.--The Secretary is authorized to use
0.25 percent of the funds available under subsection (g) to
provide for outreach and to share best practices with respect
to this section and short-time compensation programs.
[[Page S4400]]
(f) Recoupment.--The Secretary shall establish a process
under which the Secretary shall recoup the amount of any
grant awarded under paragraph (1) or (2) of subsection (a) if
the Secretary determines that, during the 5-year period
beginning on the first date that any such grant is awarded to
the State, the State--
(1) terminated the State's short-time compensation program;
or
(2) failed to meet appropriate requirements with respect to
such program (as established by the Secretary).
(g) Funding.--There are appropriated, out of moneys in the
Treasury not otherwise appropriated, to the Secretary,
$700,000,000 to carry out this section, to remain available
without fiscal year limitation.
(h) Reporting.--The Secretary may establish reporting
requirements for States receiving a grant under this section
in order to provide oversight of grant funds.
(i) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(2) Short-time compensation program.--The term ``short-time
compensation program'' has the meaning given such term in
section 3306(v) of the Internal Revenue Code of 1986, as
added by section 2(a).
(3) State; state agency; state law.--The terms ``State'',
``State agency'' and ``State law'' have the meanings given
those terms in section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
SEC. 6. ASSISTANCE AND GUIDANCE IN IMPLEMENTING PROGRAMS.
(a) In General.--In order to assist States in establishing,
qualifying, and implementing short-time compensation programs
(as defined in section 3306(v) of the Internal Revenue Code
of 1986, as added by section 2(a)), the Secretary of Labor
(in this section referred to as the ``Secretary'') shall--
(1) develop model legislative language which may be used by
States in developing and enacting such programs and
periodically review and revise such model legislative
language;
(2) provide technical assistance and guidance in
developing, enacting, and implementing such programs;
(3) establish reporting requirements for States, including
reporting on--
(A) the number of estimated averted layoffs;
(B) the number of participating employers and workers; and
(C) such other items as the Secretary of Labor determines
are appropriate.
(b) Model Language and Guidance.--The model language and
guidance developed under subsection (a) shall allow
sufficient flexibility by States and participating employers
while ensuring accountability and program integrity.
(c) Consultation.--In developing the model legislative
language and guidance under subsection (a), and in order to
meet the requirements of subsection (b), the Secretary shall
consult with employers, labor organizations, State workforce
agencies, and other program experts.''
SEC. 7. REPORTS.
(a) Initial Report.--
(1) In general.--Not later than 4 years after the date of
the enactment of this Act, the Secretary of Labor shall
submit to Congress and to the President a report or reports
on the implementation of the provisions of this Act.
(2) Requirements.--Any report under paragraph (1) shall
include the following:
(A) A description of best practices by States and employers
in the administration, promotion, and use of short-time
compensation programs (as defined in section 3306(v) of the
Internal Revenue Code of 1986, as added by section 2(a)).
(B) An analysis of the significant challenges to State
enactment and implementation of short-time compensation
programs.
(C) A survey of employers in States that have not enacted a
short-time compensation program or entered into an agreement
with the Secretary on a short-time compensation plan to
determine the level of interest among such employers in
participating in short-time compensation programs.
(D) Other matters related to the implementation of the
provisions of this Act as the Secretary of Labor determines
appropriate.
(b) Subsequent Reports.--After the submission of the report
under subsection (a), the Secretary of Labor may submit such
additional reports on the implementation of short-time
compensation programs as the Secretary deems appropriate.
(c) Funding.--There are appropriated, out of any moneys in
the Treasury not otherwise appropriated, to the Secretary of
Labor, $1,500,000 to carry out this section, to remain
available without fiscal year limitation.
______
By Mr. INHOFE (for himself, Mr. Begich, Mr. Johanns, Mr. Boozman,
Ms. Snowe, Mr. Moran, Mr. Pryor, Ms. Collins, Mr. Crapo, Mr.
Thune, Mr. Cornyn, Ms. Murkowski, Mr. Alexander, Mr. Enzi, Mr.
Burr, Mr. Barrasso, Mr. Chambliss, Mr. Coats, Mr. Hoeven, Mr.
Isakson, Mr. Johnson of Wisconsin, Mr. Roberts, Mr. Blunt, Mr.
Coburn, Mr. Risch, and Mr. Wicker):
S. 1335. A bill to amend title 49, United States Code, to provide
rights for pilots, and for other purposes; to the Committee on
Commerce, Science, and Transportation.
Mr. INHOFE. Mr. President, just a few minutes ago I did introduce and
we have a bill number that is S. 1335. It is the Pilot's Bill of
Rights. It is very significant that we get this done today, and I will
explain why.
First of all, when Senator John Glenn from Ohio retired, that left me
as the last active commercial pilot in the Senate. Consequently, I
probably get more complaints than anybody else does about problems and
abuses with the FAA.
I have to say this: I was very complimentary yesterday to so many of
the people. The vast majority of the inspectors, the controllers, and
others at the FAA are so talented. In fact, the first thing I do when I
go up to Oshkosh every year, the largest air show in the world, is I go
up to where they are all gathered together and I compliment them on the
fact that they are taking on the toughest job for a 6-day period in
Oshkosh as a volunteer. So I love their virtues. However, we have to
keep in mind that any bureaucracy can become abusive.
So I have introduced the Pilot's Bill of Rights. The reason I am
speaking right now is because we have 25 cosponsors at this time, which
means 25 percent of the Senate has signed on as cosponsors.
The way the rules work around here, any of the Members who might be
listening right now--and I know the occupier of the Chair is very
concerned about this and he is very active with me on this
legislation--any staffers who are watching, they should advise their
Members that they have until close of business today, probably 1 more
hour, to put their names down as original cosponsors.
Now, the bill simply does four things. First of all, it requires the
FAA, for any enforcement action, to make sure the pilot is fully aware
of what he is being accused of before any ultimatums are put forth.
Consequently, that pilot is able to defend himself.
The second thing is it clarifies what they call statutory deference.
Right now, statutory deference relates to the National Transportation
Safety Board. The NTSB is the only area of appeal, so that if a pilot
is accused of something and he looks at it and thinks it is unfair, he
would have to go to the NTSB. Yet because of deference, they merely
rubberstamp in almost all cases what the FAA does. As an example, of
the emergency determinations that were made last year, only one was
actually granted and the rest of them were denied. This bill will
allow, in terms of fairness, that if something is going on and they
refuse to consider a case, there will be an appellate process where the
pilot can go to the Federal District Court and be heard there.
The third thing it does is it has to do with notice. That is notice
to airmen. That is very significant. Those of us who are pilots know
that when we go into a field, we check and see what the NOTAMs are, so
that if there is any work on the runway, any problem there, any
taxiways that are closed, they will give the pilot that information.
However, the problem is it is the pilot's responsibility to do this and
the FAA many times doesn't even post these NOTAMs. So what we are
saying with our FARs, or our laws, is we are saying to a pilot, You
have to be responsible to know what is going on at the airport, where
you are going to be landing. Yet there is no place you can find out. So
this requires that they revamp this system so that there is a central
location. We specify that in the legislation, so that can be found.
Then the fourth and final thing, there is another problem in terms of
medical certification. Those of us who are pilots have to have medicals
and we have to have a certification process. This has been a problem
for a long period of time. I have had countless people call me and talk
about the problems they are having with their medical certification. In
fact, of all the requests for assistance to the Aircraft Owners and
Pilots Association--they represent hundreds of thousands of pilots--of
all the requests for assistance they receive each year, 28 percent are
related to the FAA's medical certification process. So I would say this
of this very simple legislation. Two sections actually change the
statutes so that it offers protection to pilots, but
[[Page S4401]]
the other two are working together to come up with a system where we
can have a central location for NOTAMs as well as having a fair process
for medical evaluations.
I think it is very obvious that there are a lot of bureaucracies
where one or two people can be bad. When I was in Tulsa, I can remember
all it took was one or two bad cops and that gave a black eye to
everybody else. I remember actually, when I was running--it is the
whole reason I ran for office in the first place. When I was out in the
private sector, I was doing things that I thought I was supposed to be
doing, and I had one old building called the Wrightsman Oil Estate. I
was going to take this old eyesore and make it into a building and
preserve it as it was originally. Old, in my city of Tulsa, OK, in this
case was maybe 1910 or 1912. We weren't even a State until 1907. This
is something everybody wanted.
I went to the city engineer and I said, I want to take this eyesore
of a fire escape on the second floor and move it from the south to the
north end. It is the same thing; it will service the same number of
people, but it is an eyesore and this gets it out of the way. No one is
against it. He said, You can't do that until this committee meets. So
let's see. You have to have notice. That would be 3 more weeks before
you can get notice. A month after that, you can get on the agenda. I
said, Look, everyone is for it. He said, That is your problem, not
mine. I said, I will run for mayor and fire you, and I did, and I fired
him. This can happen in any bureaucracy.
So the reason there is a sense of urgency is because we have already
told all of the groups--the Experimental Aircraft Association, ALPA,
all of these groups that represent these different organizations--that
we are going to be getting this bill ready with all of our original
cosponsors and then cosponsors so that when we arrive and when I arrive
at the end of July, at Oshkosh, WI, I am going to do the same thing I
did in 1994 that caused us to be able to pass the first product
liability bill on aviation and aviation products that had the effect of
changing us from a major importer of aviation products and of airplanes
to a major exporter, just by changing that. It was an 18-year repose
bill. I did that at Oshkosh with an audience of 200,000 people. These
are single issue people. I can assure my colleagues that they will be
just as interested in this bill.
So I will be presenting this, and I am going to encourage Members of
the Senate who want to get their name in today, they can be cosponsors,
original cosponsors, as is the occupier of the chair at the present
time, and myself, and 23 other Members of the Senate.
One last reminder. This is S. 1335. This is the last chance.
Colleagues have 1 more hour to be an original cosponsor. I hope my
colleagues will join me in sponsoring this legislation.
____________________