Congressional Record, Volume 157 Issue 172 (Thursday, November 10, 2011)

[Congressional Record Volume 157, Number 172 (Thursday, November 10, 2011)]
[Senate]
[Pages S7369-S7385]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. WYDEN:
S. 1839. A bill to amend title 10, United States Code, to provide for
the retention of members of the reserve components on active duty for a
period of 45 days following an extended deployment in contingency
operations or homeland defense missions to support their reintegration
into civilian life, and for other purposes; to the Committee on Armed
Services.
Mr. WYDEN. Mr. President, never in our Nation's history has the
American military relied more on National Guard and Reserve
servicemembers than it has in the last 10 years.
More than 800,000 members of the National Guard and Reserves have
been called to active duty service since 9/11, many of them serving
two, three, and four tours of duty in Iraq and Afghanistan
Our military does an exceptional job of preparing these guardsmen and
reservists for combat, but we do far too little to prepare them for
transition back to civilian life.
Our guardsmen need a transition from the trauma of combat to the
serenity of home in Oregon and throughout our Nation. But instead our
guardsmen and reservists are sent back to their community with little
or no time to readjust. In a matter of a few days these guardsmen go
from holding a gun in the chaos of a combat zone to holding their
children in the serenity of their own home. That has to be a difficult
transition.
Unlike most active-duty troops who receive a soft landing through a
number of carefully monitored reintegration programs and other support
services provided on an active-duty base, returning guardsmen lack the
support system of a large base.
While active-duty soldiers come home to military bases and the jobs
and support systems that they provide, returning Guard members are in
many instances left to face the increasingly stark reality of
transitioning to civilian life on their own.
The amount of personal and professional requirements placed on
guardsmen and reservists pre- and post-deployment are mind boggling.
What they need more than anything is time to wind down and tend to
their lives.
Even under the best of circumstances, the road back from war is
difficult and extremely stressful. Men and women who have served in
harm's way experience higher rates of divorce and suicide.
Many battle the debilitating effects and stigma associated with Post
Traumatic Stress Disorder. In the current struggling economy, nearly
half of the guard members and reservists have no job to return to. Some
find that the jobs and careers they put on hold to serve their country
simply no longer exist.
To compound an unacceptable unemployment problem, Guard members and
reservists are immediately taken off the military payroll once they get
home.
Imagine that reality for a second. You left your home, your family
and your job to serve your country in harm's way for 10 months, only to
be welcomed back with no job and no

[[Page S7370]]

source of income to pay for your home or support your family.
If they do have a job waiting for them, to keep a steady income,
Guardsmen must jump right back into the high stress of relearning their
civilian job without a chance to decompress or readjust from the stress
of combat.
That is what my bill would help fix.
The National Guard and Reserve Soft Landing Reintegration Act would
allow returning guardsmen and reservists to take up to 45 days to
decompress, reintegrate, and get their lives in order, while still
being paid.
I started this program because I think that citizen-soldiers are one
of the strengths of this nation. They and their families should be
acknowledged for the level of sacrifices that they are making.
Addressing the post deployment-related needs of returning guardsmen
is not only the moral thing to do; it is also strategically wise for
our nation.
This is part of the promise our nation made to take care of our
troops. They did their best of us. We should do our best for them.
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. 1839

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 ``National Guard and Reserve
Soft Landing Reintegration Act''.

SEC. 2. TEMPORARY RETENTION ON ACTIVE DUTY AFTER
DEMOBILIZATION OF RESERVES FOLLOWING EXTENDED
DEPLOYMENTS IN CONTINGENCY OPERATIONS OR
HOMELAND DEFENSE MISSIONS.

(a) In General.--Chapter 1209 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 12323. Reserves: temporary retention on active duty
after demobilization following extended deployments in
contingency operations or homeland defense missions

``(a) In General.--Subject to subsection (d), a member of a
reserve component of the armed forces described in subsection
(b) shall be retained on active duty in the armed forces for
a period of 45 days following the conclusion of the member's
demobilization from a deployment as described in that
subsection, and shall be authorized the use of any accrued
leave.
``(b) Covered Members.--A member of a reserve component of
the armed forces described in this subsection is any member
of a reserve component of the armed forces who was deployed
for more than 269 days under the following:
``(1) A contingency operation.
``(2) A homeland defense mission (as specified by the
Secretary of Defense for purposes of this section).
``(c) Pay and Allowances.--Notwithstanding any other
provision of law, while a member is retained on active duty
under subsection (a), the member shall receive--
``(1) the basic pay payable to a member of the armed forces
under section 204 of title 37 in the same pay grade as the
member;
``(2) the basic allowance for subsistence payable under
section 402 of title 37; and
``(3) the basic allowance for housing payable under section
403 of title 37 for a member in the same pay grade,
geographic location, and number of dependents as the member.
``(d) Early Release From Active Duty.--(1) Subject to
paragraph (2), at the written request of a member retained on
active duty under subsection (a), the member shall be
released from active duty not later than the end of the 14-
day period commencing on the date the request was received.
If such 14-day period would end after the end of the 45-day
period specified in subsection (a), the member shall be
released from active duty not later than the end of such 45-
day period.
``(2) The request of a member for early release from active
duty under paragraph (1) may be denied only for medical or
personal safety reasons. The denial of the request shall
require the affirmative action of an officer in a grade above
O-5 who is in the chain of command of the member. If the
request is not denied before the end of the 14-day period
applicable under paragraph (1), the request shall be deemed
to be approved, and the member shall be released from active
duty as requested.
``(e) Treatment of Active Duty Under Policy on Limitation
of Period of Mobilization.--The active duty of a member under
this section shall not be included in the period of
mobilization of units or individuals under section 12302 of
this title under any policy of the Department of Defense
limiting the period of mobilization of units or individuals
to a specified period, including the policy to limit such
period of mobilization to 12 months as described in the
memorandum of the Under Secretary of Defense for Personnel
and Readiness entitled `Revised Mobilization/Demobilization
Personnel and Pay Policy for Reserve Component Members
Ordered to Active Duty in Response to the World Trade Center
and Pentagon Attacks-Section 1,' effective January 19, 2007.
``(f) Reintegration Counseling and Services.--(1) The
Secretary of the military department concerned may provide
each member retained on active duty under subsection (a),
while the member is so retained on active duty, counseling
and services to assist the member in reintegrating into
civilian life.
``(2) The counseling and services provided members under
this subsection may include the following:
``(A) Physical and mental health evaluations.
``(B) Employment counseling and assistance.
``(C) Marriage and family counseling and assistance.
``(D) Financial management counseling.
``(E) Education counseling.
``(F) Counseling and assistance on benefits available to
the member through the Department of Defense and the
Department of Veterans Affairs.
``(3) The Secretary of the military department concerned
shall provide, to the extent practicable, for the
participation of appropriate family members of members
retained on active duty under subsection (a) in the
counseling and services provided such members under this
subsection.
``(4) The counseling and services provided to members under
this subsection shall, to the extent practicable, be provided
at National Guard armories and similar facilities close the
residences of such members.
``(5) Counseling and services provided a member under this
subsection shall, to the extent practicable, be provided in
coordination with the Yellow Ribbon Reintegration Program of
the State concerned under section 582 of the National Defense
Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101
note).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 1209 of such title is amended by adding
at the end the following new item:

``12323. Reserves: temporary retention on active duty after
demobilization following extended deployments in
contingency operations or homeland defense missions.''.
______

By Mr. ISAKSON (for himself, Mr. Alexander, Ms. Ayotte, Mr.
Blunt, Mr. Boozman, Mr. Burr, Mr. Chamblis, Mr. Coburn, Mr.
Coats, Mr. Cochran, Ms. Collins, Mr. Corker, Mr. DeMint, Mr.
Enzi, Mr. Graham, Mr. Hatch, Mrs. Hutchison, Mr. Inhofe, Mr.
Johanns, Mr. Johnson of Wisconsin, Mr. Lee, Mr. Lugar, Mr.
McCain, Mr. Paul, Mr. Risch, Mr. Shelby, Ms. Snowe, Mr. Thune,
and Mr. Vitter):
S. 1843. A bill to amend the National Labor Relations Act to provide
for appropriate designation of collective bargaining units; to the
Committee on Health, Education, Labor, and Pensions.
Mr. ISAKSON. Mr. President, today, I highlight yet another assault on
private-sector employers by this administration and its appointees.
Rather than empowering businesses to help bring us out of this economic
downturn, the White House continues to tilt the scales in favor of its
allies--the labor unions. Nowhere is this more evident than the recent
actions of the National Labor Relations Board, NLRB.
For the past 77 years, the NLRB has recognized a bargaining unit as
all the employees of the employer, a facility, a department, or a
craft. A bargaining unit had to be a sufficient size to warrant
separate group identification for the purposes of collective
bargaining. This standard was developed through years of careful
consideration and congressional guidance.
On August 26, 2011, the NLRB decided to recklessly disregard this
longstanding precedent. In its ``Specialty Healthcare and
Rehabilitation Center of Mobile'' decision, the NLRB decided that
unions can now handpick a small group of employees doing the same job
in the same location for organization purposes. For instance, cashiers
at a grocery store could form one small union separate from the
baggers, produce stockers, or deli butchers. Unions have found it much
easier to organize three employees rather than 30. Employers,
especially retail chains, fear that this could create several dozen
unions all within the same store location--making it easier for unions
to gain access to employees and nearly impossible to manage such
fragmentation of the workforce.
Let me be clear: I do not oppose efforts by employees to unionize if
they choose to do so. I do, however, oppose the government interfering
in the principles of a democratic workplace and

[[Page S7371]]

tipping the scales in favor of one party over the other.
I am proud to stand up today, along with 28 of my Republican
colleagues, to introduce the Representation Fairness Restoration Act.
This bill will reinstate the traditional standard for determining which
employees will constitute appropriate bargaining units. The NLRB's
actions are yet another clear example of how President Obama's
appointees at this ``independent'' agency are clearly playing favorites
at the expense of the American worker and our economy. We need to send
a message to the administration that the NLRB's decisions are only
adding to the pressure and uncertainty facing businesses today. This
runaway agency must be reined in and I stand by private-sector
employers by helping restore fairness to the workplace.
______

By Mr. WYDEN (for himself, Mr. Bingaman, and Ms. Collins):
S. 1845. A bill to amend the Internal Revenue Code of 1986 to provide
for an energy investment credit for energy storage property connected
to the grid, and for other purposes; to the Committee on Finance.
Mr. WYDEN. Mr. President, today I am being joined by my colleagues
Senator Bingaman and Senator Collins on the introduction of the Storage
Technology for Renewable and Green Energy Act of 2011 or the STORAGE
2011 Act. The purpose of the bill is to promote the deployment of
energy storage technologies to make the electric grid operate more
efficiently and help manage intermittent renewable energy generation
from wind, solar, and other sources that vary with the time of day and
the weather.
Traditionally, peak demand has been met by building more generation
and transmission facilities, many of which sit idle much of the time.
The Electric Power Research Institute's White Paper on storage
technology observed that 25 percent of the equipment and capacity of
the U.S. electric distribution system and 10 percent of the generation
and transmission system is needed less than 400 hours a year. Peak
generation is also often met with the least efficient, most costly
power plants. Energy storage systems offer an alternative to simply
building more generation and transmission to meet peak demand because
they allow the current system to meet peak demands by storing less
expensive off-peak power, from the most cost-efficient plants, for use
during peak demand.
The growth of renewable energy from wind and solar and other
intermittent renewable sources, like wave and tidal energy, raises yet
another challenge for the electric grid that storage can help address.
These renewable sources deliver power at times of the day or night when
they might not be needed or fluctuate with the weather. Energy storage
technology allows these intermittent sources to store power as it is
generated and allow it to be dispatched when it is most needed and in a
predictable, steady of stream of electricity no longer at the vagaries
of weather conditions. And equally important, it allows this
intermittent generation to more closely match demand. Instead of trying
to find a place to sell power at 3:00 am in the morning when demand is
down, wind farms for example would be able to sell their power at 3:00
pm in the afternoon when demand is up.
The STORAGE 2011 Act offers investment tax credits for three
categories of energy storage facilities that temporarily store energy
for delivery or use at a later time. The bill is technology neutral and
does not pick storage technology ``winners'' and ``losers'' either in
terms of the storage technology that is used or in terms of the source
of the energy that is stored. The electricity can come from a wind farm
or it can come for a coal or nuclear plant. Pumped hydro, compressed
air, batteries, flywheels, and thermal storage are all eligible
technologies as are smart-grid enabled plug-in electric vehicles.
First, the STORAGE 2011 Act provides a 20 percent investment tax
credit of up to $40 million per project for storage systems connected
to the electric grid and distribution system. A total of $1.5 billion
in these investment credits are available for these grid connected
systems. Developers would have to apply to the Treasury Department and
DOE for the credits, similar to the process used for the green energy
manufacturing credits the ``48C'' program. This is a 20 percent credit
so that means the actual cost of the project that would be eligible for
the full credit would be $200 million.
The Act also provides a 30 percent investment tax credit of up to $1
million per project to businesses for on-site storage, such as an ice-
storage facility in on office building, where ice is made at night
using low-cost, off-peak power and then used to help air-condition the
building during the day while reducing peak demand. This is a 30
percent credit so the cost of the actual projects that would get the
full credit amount would be around $3.3 million.
The Act also provides for 30 percent tax credit for homeowners for
on-site storage projects to store off-peak electricity from solar
panels or from the grid for later use during peak hours.
As the EPRI white paper noted ``(d)espite the large anticipated need
for energy storage solutions within the electric enterprise, very few
grid-integrated storage installations are in actual operation in the
United States today.'' The purpose of the STORAGE 2011 Act is help jump
start the deployment of these storage solutions so that renewable
energy technologies can increase their economic value to the electric
grid while reducing their power integration costs as well as to improve
the overall efficiency of the electrical system.
I urge my colleagues to take a closer look at what storage
technologies can do to help reduce the cost of electricity and improve
the performance of the electric grid and renewable energy technologies.
If they do, I am confident my colleagues will join Senators Bingaman
and Collins in supporting this bipartisan 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. 1845

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 ``Storage Technology for
Renewable and Green Energy Act of 2011'' or the ``STORAGE
2011 Act''.

SEC. 2. ENERGY INVESTMENT CREDIT FOR ENERGY STORAGE PROPERTY
CONNECTED TO THE GRID.

(a) Up to 20 Percent Credit Allowed.--Subparagraph (A) of
section 48(a)(2) of the Internal Revenue Code of 1986 is
amended--
(1) by striking ``and'' at the end of subclause (IV) of
clause (i),
(2) by striking ``clause (i)'' in clause (ii) and inserting
``clause (i) or (ii)'',
(3) by redesignating clause (ii) as clause (iii), and
(4) by inserting after clause (i) the following new clause:
``(ii) as provided in subsection (c)(5)(D), up to 20
percent in the case of qualified energy storage property,
and''.
(b) Qualified Energy Storage Property.--Subsection (c) of
section 48 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new paragraph:
``(5) Qualified energy storage property.--
``(A) In general.--The term `qualified energy storage
property' means property--
``(i) which is directly connected to the electrical grid,
and
``(ii) which is designed to receive electrical energy, to
store such energy, and--

``(I) to convert such energy to electricity and deliver
such electricity for sale, or
``(II) to use such energy to provide improved reliability
or economic benefits to the grid.

Such term may include hydroelectric pumped storage and
compressed air energy storage, regenerative fuel cells,
batteries, superconducting magnetic energy storage,
flywheels, thermal energy storage systems, and hydrogen
storage, or combination thereof, or any other technologies as
the Secretary, in consultation with the Secretary of Energy,
shall determine.
``(B) Minimum capacity.--The term `qualified energy storage
property' shall not include any property unless such property
in aggregate has the ability to sustain a power rating of at
least 1 megawatt for a minimum of 1 hour.
``(C) Electrical grid.--The term `electrical grid' means
the system of generators, transmission lines, and
distribution facilities which--
``(i) are under the jurisdiction of the Federal Energy
Regulatory Commission or State public utility commissions, or
``(ii) are owned by--

``(I) the Federal government,
``(II) a State or any political subdivision of a State,
``(III) an electric cooperative that is eligible for
financing under the Rural Electrification Act of 1936 (7
U.S.C. 901 et seq.), or

[[Page S7372]]

``(IV) any agency, authority, or instrumentality of any one
or more of the entities described in subclause (I) or (II),
or any corporation which is wholly owned, directly or
indirectly, by any one or more of such entities.

``(D) Allocation of credits.--
``(i) In general.--In the case of qualified energy storage
property placed in service during the taxable year, the
credit otherwise determined under subsection (a) for such
year with respect to such property shall not exceed the
amount allocated to such project under clause (ii).
``(ii) National limitation and allocation.--There is a
qualified energy storage property investment credit
limitation of $1,500,000,000. Such limitation shall be
allocated by the Secretary among qualified energy storage
property projects selected by the Secretary, in consultation
with the Secretary of Energy, for taxable years beginning
after the date of the enactment of the STORAGE 2011 Act,
except that not more than $40,000,000 shall be allocated to
any project for all such taxable years.
``(iii) Selection criteria.--In making allocations under
clause (ii), the Secretary, in consultation with the
Secretary of Energy, shall select only those projects which
have a reasonable expectation of commercial viability, select
projects representing a variety of technologies,
applications, and project sizes, and give priority to
projects which--

``(I) provide the greatest increase in reliability or the
greatest economic benefit,
``(II) enable the greatest improvement in integration of
renewable resources into the grid, or
``(III) enable the greatest increase in efficiency in
operation of the grid.

``(iv) Deadlines.--

``(I) In general.--If a project which receives an
allocation under clause (ii) is not placed in service within
2 years after the date of such allocation, such allocation
shall be invalid.
``(II) Special rule for hydroelectric pumped storage.--
Notwithstanding subclause (I), in the case of a hydroelectric
pumped storage project, if such project has not received such
permits or licenses as are determined necessary by the
Secretary, in consultation with the Secretary of Energy,
within 3 years after the date of such allocation, begun
construction within 5 years after the date of such
allocation, and been placed in service within 8 years after
the date of such allocation, such allocation shall be
invalid.
``(III) Special rule for compressed air energy storage.--
Notwithstanding subclause (I), in the case of a compressed
air energy storage project, if such project has not begun
construction within 3 years after the date of the allocation
and been placed in service within 5 years after the date of
such allocation, such allocation shall be invalid.
``(IV) Exceptions.--The Secretary may extend the 2-year
period in subclause (I) or the periods described in
subclauses (II) and (III) on a project-by-project basis if
the Secretary, in consultation with the Secretary of Energy,
determines that there has been a good faith effort to begin
construction or to place the project in service, whichever is
applicable, and that any delay is caused by factors not in
the taxpayer's control.

``(E) Review and redistribution.--
``(i) Review.--Not later than 4 years after the date of the
enactment of the STORAGE 2011 Act, the Secretary shall review
the credits allocated under subparagraph (D) as of the date
of such review.
``(ii) Redistribution.--Upon the review described in clause
(i), the Secretary may reallocate credits allocated under
subparagraph (D) if the Secretary determines that--

``(I) there is an insufficient quantity of qualifying
applications for certification pending at the time of the
review, or
``(II) any allocation made under subparagraph (D)(ii) has
been revoked pursuant to subparagraph (D)(iv) because the
project subject to such allocation has been delayed.

``(F) Disclosure of allocations.--The Secretary shall, upon
making an allocation under subparagraph (D)(ii), publicly
disclose the identity of the applicant, the location of the
project, and the amount of the credit with respect to such
applicant.
``(G) Termination.--No credit shall be allocated under
subparagraph (D) for any period ending after December 31,
2020.''.
(c) Effective Date.--The amendments made by this section
shall apply to periods after the date of the enactment of
this Act, under rules similar to the rules of section 48(m)
of the Internal Revenue Code of 1986 (as in effect on the day
before the date of the enactment of the Revenue
Reconciliation Act of 1990).

SEC. 3. ENERGY STORAGE PROPERTY CONNECTED TO THE GRID
ELIGIBLE FOR NEW CLEAN RENEWABLE ENERGY BONDS.

(a) In General.--Paragraph (1) of section 54C(d) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) Qualified renewable energy facility.--The term
`qualified renewable energy facility' means a facility which
is--
``(A)(i) a qualified facility (as determined under section
45(d) without regard to paragraphs (8) and (10) thereof and
to any placed in service date), or
``(ii) a qualified energy storage property (as defined in
section 48(c)(5)), and
``(B) owned by a public power provider, a governmental
body, or a cooperative electric company.''.
(b) Effective Date.--The amendment made by this section
shall apply to obligations issued after the date of the
enactment of this Act.

SEC. 4. ENERGY INVESTMENT CREDIT FOR ONSITE ENERGY STORAGE.

(a) Credit Allowed.--Clause (i) of section 48(a)(2)(A) of
the Internal Revenue Code of 1986, as amended by this Act, is
amended--
(1) by striking ``and'' at the end of subclause (III),
(2) by inserting ``and'' at the end of subclause (IV), and
(3) by adding at the end the following new subclause:

``(V) qualified onsite energy storage property,''.

(b) Qualified Onsite Energy Storage Property.--Subsection
(c) of section 48 of the Internal Revenue Code of 1986, as
amended by this Act, is amended by adding at the end the
following new paragraph:
``(6) Qualified onsite energy storage property.--
``(A) In general.--The term `qualified onsite energy
storage property' means property which--
``(i) provides supplemental energy to reduce peak energy
requirements primarily on the same site where the property is
located, or
``(ii) is designed and used primarily to receive and store,
firm, or shape variable renewable or off-peak energy and to
deliver such energy primarily for onsite consumption.

Such term may include thermal energy storage systems and
property used to charge plug-in and hybrid electric vehicles
if such property or vehicles are equipped with smart grid
equipment or services which control time-of-day charging and
discharging of such vehicles. Such term shall not include any
property for which any other credit is allowed under this
chapter.
``(B) Minimum capacity.--The term `qualified onsite energy
storage property' shall not include any property unless such
property in aggregate--
``(i) has the ability to store the energy equivalent of at
least 20 kilowatt hours of energy, and
``(ii) has the ability to have an output of the energy
equivalent of 4 kilowatts of electricity for a period of 5
hours.
``(C) Limitation.--In the case of qualified onsite energy
storage property placed in service during the taxable year,
the credit otherwise determined under subsection (a) for such
year with respect to such property shall not exceed
$1,000,000.''.
(c) Effective Date.--The amendments made by this section
shall apply to periods after the date of the enactment of
this Act, under rules similar to the rules of section 48(m)
of the Internal Revenue Code of 1986 (as in effect on the day
before the date of the enactment of the Revenue
Reconciliation Act of 1990).

SEC. 5. CREDIT FOR RESIDENTIAL ENERGY STORAGE EQUIPMENT.

(a) Credit Allowed.--Subsection (a) of section 25D of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of paragraph (4),
(2) by striking the period at the end of paragraph (5) and
inserting ``, and'', and
(3) by adding at the end the following new paragraph:
``(6) 30 percent of the qualified residential energy
storage equipment expenditures made by the taxpayer during
such taxable year, and''.
(b) Qualified Residential Energy Storage Equipment
Expenditures.--Section 25D(d) of the Internal Revenue Code of
1986 is amended by adding at the end the following new
paragraph:--
``(6) Qualified residential energy storage equipment
expenditures.--For purposes of this section, the term
`qualified residential energy storage equipment expenditure'
means an expenditure for property--
``(A) which is installed in or on a dwelling unit located
in the United States and owned and used by the taxpayer as
the taxpayer's principal residence (within the meaning of
section 121), or on property owned by the taxpayer on which
such a dwelling unit is located,
``(B) which--
``(i) provides supplemental energy to reduce peak energy
requirements primarily on the same site where the property is
located, or
``(ii) is designed and used primarily to receive and store,
firm, or shape variable renewable or off-peak energy and to
deliver such energy primarily for onsite consumption, and
``(C) which--
``(i) has the ability to store the energy equivalent of at
least 2 kilowatt hours of energy, and
``(ii) has the ability to have an output of the energy
equivalent of 500 watts of electricity for a period of 4
hours.

[[Page S7373]]

______

By Mr. RUBIO (for himself, Mr. Inhofe, and Mr. Crapo):
S. 1848. A bill to promote transparency, accountability, and reform
within the United Nations system, and for other purposes; to the
Committee on Foreign Relations.
Mr. RUBIO. Mr. President, I rise to speak about legislation I
introduced today to encourage comprehensive and long-lasting reforms at
the United Nations. I want to thank my colleague Senator James Inhofe
from Oklahoma for joining me on this effort. I also commend the Chair
of the House Foreign Affairs' Committee--and fellow Floridian
Congresswoman Ileana Ros-Lehtinen for leading on this effort in the
House of Representatives.
The United Nations was created in 1945 with the specific mandate of
maintaining the hard-fought peace that followed the end of World War
II. Just as it was then, today our nation's security and prosperity is
influenced by conflicts and events taking place in various near and
far-flung places. The United States cannot and should not attempt to
address these conflicts on its own. More than six decades later, we
still need a U.N. with resolve, a U.N. that acts with effectiveness and
purpose. Sadly, the U.N.'s persistent ethics and accountability
problems are limiting its role. Until the organization addresses these
important issues, the stature of the organization will continue to
suffer in the eyes of the world.
Examples of this troubling situation abound, from the ongoing efforts
to circumvent direct negotiations to end the Israeli-Arab conflict, to
the discredited Human Rights Council led by the world's most notorious
tyrants and human rights violators, to the proliferation of mandates
that have clouded the organization's mission and effectiveness.
My hope with this legislation is to provide an incentive for the
United Nations and the President, to modernize that international body
along a spirit of transparency, respect for basic human freedoms, and
effective nonproliferation. This legislation would also attempt to
address the anti-Semitic attitudes that have become so prevalent in
certain corners of the U.N. and seriously diminish the credibility of
the entire U.N. system.
At the core of these reforms is an effort to instill a sense of
transparency and competition at the U.N. by its adoption of a budgetary
model that relies mostly on voluntary contributions. This legislation
would also strengthen the international standing of human rights by
reforming the U.N. Human Rights Council in a way that it would deny
membership to nations under U.N. sanctions, designated by our
Department of State as States Sponsors of Terrorism, or failing to take
measures to combat and end the despicable practice of human
trafficking. Other provisions seek meaningful reforms at the U.N.
Relief and Work Agency that provides assistance to Palestinian refugees
of the 1948 Arab-Israeli conflict.
This legislation is needed because the structure and bureaucratic
culture of the organization often makes it impossible or, at best,
downright difficult to achieve meaningful reforms. It follows on the
steps of previously successful Congressional initiatives on this
matter. Every previously successful American effort for reform at the
U.N. has been accompanied with the threat of withholding our valuable
contributions. I wish this wasn't the case, but this is the record, so
it is part of our legislation.
In closing, the United Nations has served as the primary multilateral
forum to address peace and security issues throughout the world, and I
look forward to working with my Senate colleagues in achieving
meaningful transparency and accountability reforms at that
international body.
______

By Mr. HARKIN (for himself, Mr. Casey, Mr. Tester, Mr. Brown of
Ohio, Mr. Leahy, Mr. Franken, Mr. Bingaman, Ms. Klobuchar, Mr.
Johnson of South Dakota, and Mrs. Boxer):
S. 1850. A bill to expand and improve opportunities for beginning
farmers and ranchers, and for other purposes; to the Committee on
Agriculture, Nutrition, and Forestry.
Mr. HARKIN. Mr. President, among the most hopeful occurrences in
rural America is when someone is able to get started in farming or
ranching and go on to build a successful operation. Typically, the
beginning farmer or rancher is continuing an established family farm or
ranch, although increasingly he or she is taking on the challenge of
starting and growing an entirely new operation.
Because farming and ranching families are so vital to rural
communities and our Nation as a whole, there has been a great deal of
concern for decades as America's agricultural producers have grown
older and retired, as farm numbers fell, and as men and women who had a
great desire to become the next generation of farmers and ranchers were
unable to find the opportunities and resources to do so.
Across America, we are fortunate to have many families and
individuals who possess the ability, motivation, and dedication to
start or continue a farm or ranch and build a rewarding life in
agriculture. Our Nation needs more beginning farmers and ranchers
across all types of operations--including commercial-scale crop and
animal agriculture systems, organic agriculture, growing for local food
systems and farmers markets, and even farming in urban and suburban
areas. We need more beginning farmers and ranchers to secure critical
supplies of food, fuel, and fiber for the future. We need them as
stewards to care for and conserve our soil, water, and other natural
resources. We need more new farming and ranching families as
contributing members of healthy and vibrant local communities.
Aspiring and beginning farmers and ranchers confront tremendous
challenges, yet there are some hopeful signs. According to the Census
of Agriculture, the number of farms in the United States increased four
percent between 2002 and 2007. The new farms tended to be smaller, have
lower sales, and rely more on off-farm income sources. New farmers are
also more diverse, with significant increases between 2002 and 2007 in
the number of farm operators who are women, Hispanic, American Indian,
African-American, and Asian-American.
We know from experience that carefully designed programs can very
effectively help beginning farmers and ranchers apply their talents and
efforts, assemble the necessary resources, capitalize upon
opportunities, and succeed. I am proud that in the two farm bills, in
2002 and 2008, that we enacted while I was chairman of the Agriculture,
Nutrition, and Forestry Committee, we adopted a number of initiatives
to strengthen and improve programs at the Department of Agriculture
that assist beginning farmers and ranchers.
The legislation I am introducing today, joined by a number of my
colleagues, is crafted to extend, improve, and strengthen beginning
farmer and rancher programs and initiatives that we adopted in the most
recent two farm bills and in earlier farm bills and other legislation.
The Beginning Farmer and Rancher Opportunity Act of 2011 will build
upon the successful record of the earlier legislation and its
implementation by the U.S. Department of Agriculture in cooperation
with a variety of public and private institutions and organizations.
Let me emphasize that the beginning farmer and rancher initiatives in
the legislation we are introducing today, and the programs now being
carried out by USDA, are not designed or intended to guarantee the
success of any beginning farmer or rancher or to give anyone something
for nothing. All they do is to offer a helping hand, a better
opportunity, to women and men who make the effort and apply themselves,
who are willing to learn and to do the necessary work to achieve their
goals and succeed in farming and ranching.
A key feature of the Beginning Farmer and Rancher Opportunity Act of
2011 is to extend and strengthen the beginning farmer and rancher
development program, which we enacted in 2008. In this program, USDA
provides competitively-awarded grants to qualified organizations that
deliver training and education for beginning farmers and ranchers. This
new legislation makes it a new priority for USDA to issue grants to
support agricultural rehabilitation and vocational training for
military veterans and to deliver training and education to help
veterans who are beginning farmers and ranchers. The

[[Page S7374]]

bill also would extend and increase mandatory funding for this
development program to $25 million in each of fiscal years 2013 through
2017.
This legislation also strengthens in several ways the assistance USDA
provides to enable beginning farmers and ranchers to assemble the
financial resources they need to start and build a successful
operation. It creates a microloan program in which young beginning
farmers and ranchers who qualify could borrow up to $35,000 for
operating expenses at reduced interest rates and with simplified
paperwork. Also included in this bill is mandatory funding at $5
million a year to carry out the individual development accounts pilot
program that was enacted in the 2008 farm bill. Grants under this pilot
program would support at least 15 State individual development account
initiatives to help beginning farmers and ranchers build savings that
can then be invested in their agricultural operations. Several other
provisions of the bill update and improve the existing USDA programs to
help beginning farmers and ranchers obtain loans for operating
expenses, land purchases, and applying conservation practices.
To encourage and assist beginning farmers and ranchers in maintaining
and adopting sound conservation practices in their operations, the bill
extends and strengthens several initiatives enacted in previous farm
bills. For example, the legislation expands the options and financial
incentives for maintaining conservation on land that comes out of the
Conservation Reserve Program, CRP, contracts and is leased or sold to
beginning farmers or ranchers. Other provisions increase the share of
funds and enrollment dedicated to beginning farmers and ranchers in the
Conservation Stewardship Program, CSP, and Environmental Quality
Incentives Program, EQIP, strengthen help to beginning farmers and
ranchers through the Farm and Ranch Land Protection Program, promote
their use of whole-farm conservation planning, and boost help to them
through conservation loans and cost-share payments.
Other features of the bill are designed to strengthen revenue
insurance available to beginning farmers and ranchers through USDA's
Risk Management Agency, including increased funding to help beginning
and socially disadvantaged farmers and ranchers better understand and
utilize insurance programs and risk management systems. In order to
help beginning farmers and ranchers build markets and increase income
through adding value to their commodities, the bill enhances
opportunities for beginning farmers and ranchers to receive USDA value-
added producer grants and provides new, increased mandatory funding for
such grants. To strengthen USDA's attention to helping beginning
farmers and ranchers, the legislation creates coordinators in key USDA
agency offices in each State. It also creates a special USDA veterans
agricultural liaison position to focus upon helping veterans understand
and benefit from USDA programs, especially those for beginning farmers
and ranchers.
In conclusion, I am proud of the initiatives we have previously
enacted to help beginning farmers and ranchers create and pursue
opportunities and realize their goals and dreams. By building on the
success of the existing programs, this legislation will lend more help
to beginning farmers and ranchers and in doing so strengthen American
agriculture, our rural communities, and our nation as a whole. I am
grateful to the cosponsors of this bill and urge all of my colleagues
to support it.
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. 1850

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 ``Beginning
Farmer and Rancher Opportunity Act of 2011''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.

TITLE I--CONSERVATION

Subtitle A--Conservation Reserve Program

Sec. 101. Extension of conservation reserve program.
Sec. 102. Contracts.

Subtitle B--Farmland Protection Program

Sec. 111. Farmland protection program.

Subtitle C--Environmental Quality Incentives Program

Sec. 121. Establishment and administration of environmental quality
incentives program.
Sec. 122. Conservation innovation grants and payments.

Subtitle D--Funding and Administration

Sec. 131. Funding of conservation programs under Food Security Act of
1985.
Sec. 132. Assistance to certain farmers or ranchers for conservation
access.
Sec. 133. Comprehensive conservation planning.

TITLE II--CREDIT

Subtitle A--Farm Ownership Loans

Sec. 201. Direct farm ownership experience requirement.
Sec. 202. Conservation loan and loan guarantee program.
Sec. 203. Loan terms for down payment loan program.
Sec. 204. Definition of qualified beginning farmer or rancher.

Subtitle B--Operating Loans

Sec. 211. Young beginning farmer or rancher microloans.

Subtitle C--Administrative Provisions

Sec. 221. Beginning farmer and rancher individual development accounts
pilot program.
Sec. 222. Transition to private commercial or other sources of credit.
Sec. 223. Loan authorization levels.
Sec. 224. Direct loans for beginning farmers and ranchers.
Sec. 225. Borrower training.

TITLE III--RURAL DEVELOPMENT

Sec. 301. Value-added producer grants.
Sec. 302. Use of loans and grants for entrepreneurial farm enterprises.

TITLE IV--RESEARCH, EDUCATION, AND EXTENSION

Sec. 401. Beginning farmer and rancher development program.
Sec. 402. Agriculture and Food Research Initiative.

TITLE V--CROP INSURANCE

Sec. 501. Sense of Congress on beginning farmer and rancher access to
crop and revenue insurance.
Sec. 502. Risk management partnership programs.

TITLE VI--MISCELLANEOUS

Sec. 601. Small and beginning farmer and rancher coordinators.
Sec. 602. Military Veterans Agricultural Liaison.
Sec. 603. Budgetary effects.
Sec. 604. Effective date.

TITLE I--CONSERVATION

Subtitle A--Conservation Reserve Program

SEC. 101. EXTENSION OF CONSERVATION RESERVE PROGRAM.

(a) In General.--Section 1231(a) of the Food Security Act
of 1985 (16 U.S.C. 3831(a)) is amended by striking ``2012''
and inserting ``2017''.
(b) Land Eligible for Enrollment in Conservation Reserve.--
Section 1231(b)(1)(B) of the Food Security Act of 1985 (16
U.S.C. 3831(b)(1)(B)) is amended by striking ``Food,
Conservation, and Energy Act of 2008'' and inserting
``Beginning Farmer and Rancher Opportunity Act of 2011''.
(c) Maximum Enrollment of Acreage in Conservation
Reserve.--Section 1231(d) of the Food Security Act of 1985
(16 U.S.C. 3831(d)) is amended--
(1) by striking the first sentence; and
(2) in the second sentence, by striking ``2010, 2011, and
2012'' and inserting ``2010 through 2017''.
(d) Pilot Program for Enrollment of Wetland and Buffer
Acreage in Conservation Reserve.--Section 1231B of the Food
Security Act of 1985 (16 U.S.C. 3831b) is amended--
(1) in subsection (a)(1), by striking ``2012'' and
inserting ``2017''; and
(2) in subsection (b)(1)(C), by striking ``2002 through
2007'' and inserting ``2008 through 2012''.

SEC. 102. CONTRACTS.

Section 1235 of the Food Security Act of 1985 (16 U.S.C.
3835) is amended--
(1) in subsection (c)(1)(B), by striking clause (iii) and
inserting the following:
``(iii) to facilitate a transition of land subject to the
contract from a retired or retiring owner or operator to a
beginning farmer or rancher, socially disadvantaged farmer or
rancher, or limited resource farmer or rancher who is or will
be actively engaged in farming or ranching with respect to
the land transferred under this subsection for the purpose of
returning some or all of the land into production using
sustainable grazing or crop production methods that meet or
exceed the resource management system quality criteria for
erosion, soil quality, water quality, and fish and wildlife;
or''; and
(2) in subsection (f)(1)--
(A) in the matter preceding subparagraph (A), by striking
``or socially disadvantaged farmer or rancher'' and inserting
``socially disadvantaged farmer or rancher, or limited
resource farmer or rancher who is or will be actively engaged
in farming or ranching with respect to the land transferred
under this subsection''; and
(B) by striking subparagraphs (C), (D), and (E) and
inserting the following:

[[Page S7375]]

``(C) require the covered farmer or rancher to develop and
implement a comprehensive conservation plan that addresses
all resource concerns and meets such sustainability criteria
as the Secretary may establish;
``(D) provide to the covered farmer or rancher an
opportunity to enroll in the conservation stewardship program
or the environmental quality incentives program at any time
beginning on the date that is 1 year before the date of
termination of the contract, including technical and
financial assistance in the development of a comprehensive
conservation plan;
``(E) if the land transferred under this subsection remains
in grass cover, provide to the covered farmer or rancher an
opportunity to enroll in a long-term or permanent easement
under the grassland reserve program or farmland protection
program at any time beginning on the date that is 1 year
before the date of termination of the contact; and
``(F) continue to make annual payments to the retired or
retiring owner or operator for not more than an additional 2
years after the date of termination of the contract, except
that, in the case of a retired or retiring owner or operator
who is a family member (as defined in section 1001) of the
covered farmer or rancher, the additional payments shall be
made only if title to the land is sold or transferred to the
covered farmer or rancher on termination of the contract.''.

Subtitle B--Farmland Protection Program

SEC. 111. FARMLAND PROTECTION PROGRAM.

Section 1238I of the Food Security Act of 1985 (16 U.S.C.
3838i) is amended--
(1) in subsection (b), by inserting ``to promote farm
viability for future generations'' before the period at the
end; and
(2) in subsection (g)(4)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following:
``(C) provide a funding priority, to the maximum extent
practicable, for--
``(i) eligible land for which there exists a farm or ranch
succession plan or similar plan established to create
opportunities for beginning farmers and ranchers and
encourage farm viability for future generations;
``(ii) easements that exercise an option to purchase at a
price that is equal to the agricultural use value;
``(iii) qualified beginning farmers or ranchers with
contracts to purchase the land to be protected;
``(iv) land owned by a nongovernmental organization that
will be sold to a qualified beginning farmer or rancher;
``(v) contemporaneous farm transfers of eligible land to
qualified beginning farmers and ranchers that may not occur
without the financial assistance of the program; and
``(vi) other similar mechanisms to maintain the
affordability of farm and ranch land for successive
generations of farmers and ranchers; and''.

Subtitle C--Environmental Quality Incentives Program

SEC. 121. ESTABLISHMENT AND ADMINISTRATION OF ENVIRONMENTAL
QUALITY INCENTIVES PROGRAM.

Section 1240B of the Food Security Act of 1985 (16 U.S.C.
3839aa-2) is amended--
(1) in subsection (a), by striking ``2012'' and inserting
``2017'';
(2) in subsection (d)(4)(B), by striking ``30 percent'' and
inserting ``50 percent''; and
(3) in subsection (f), by striking ``2012'' and inserting
``2017''.

SEC. 122. CONSERVATION INNOVATION GRANTS AND PAYMENTS.

Section 1240H of the Food Security Act of 1985 (16 U.S.C.
3839aa-8) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(E) provide environmental and resource conservation
benefits through increased participation by beginning farmers
and ranchers and socially disadvantaged farmers and
ranchers.''; and
(2) in subsection (b)(2), by striking ``2012'' and
inserting ``2017''.

Subtitle D--Funding and Administration

SEC. 131. FUNDING OF CONSERVATION PROGRAMS UNDER FOOD
SECURITY ACT OF 1985.

(a) In General.--Section 1241(a) of the Food Security Act
of 1985 (16 U.S.C. 3841(a)) is amended in the matter
preceding paragraph (1) by striking ``2012'' and inserting
``2017''.
(b) Conservation Reserve Program.--Section 1241(a)(1) of
the Food Security Act of 1985 (16 U.S.C. 3841(a)(1)) is
amended by striking ``2012'' each place it appears and
inserting ``2017''.
(c) Environmental Quality Incentives Program.--Section
1241(a)(6)(E) of the Food Security Act of 1985 (16 U.S.C.
3841(a)(6)(E)) is amended by striking ``fiscal year 2012''
and inserting ``each of fiscal years 2012 through 2017''.

SEC. 132. ASSISTANCE TO CERTAIN FARMERS OR RANCHERS FOR
CONSERVATION ACCESS.

Section 1241(g) of the Food Security Act of 1985 (16 U.S.C.
3841(g)) is amended--
(1) in paragraph (1)--
(A) by striking ``2012'' and inserting ``2017''; and
(B) by striking ``5 percent'' each place it appears and
inserting ``10 percent'';
(2) in paragraph (2), by inserting ``(but not earlier than
120 days after the date that funding for the fiscal year is
allocated to the States)'' after ``Secretary'';
(3) in paragraph (3), by inserting ``(but not earlier than
120 days after the date that acres for the fiscal year are
allocated to the States)'' after ``Secretary''; and
(4) by adding at the end the following:
``(4) Participation by beginning and socially disadvantaged
farmers and ranchers.--Nothing in this subsection prohibits
beginning or socially disadvantaged farmers or ranchers from
participating in programs and receiving funding available
under this title that is not reserved under paragraph (1).
``(5) Technical assistance.--Within the funds reserved
under paragraph (1), the Secretary shall allocate to the
Natural Resources Conservation Service funding for technical
assistance at a rate that is not more than 10 percent higher
than the rate that would otherwise apply to allow the Service
to provide additional technical assistance to beginning
farmers or ranchers and socially disadvantaged farmers or
ranchers to establish conservation plans.''.

SEC. 133. COMPREHENSIVE CONSERVATION PLANNING.

Section 1244(a) of the Food Security Act of 1985 (16 U.S.C.
3844(a)) is amended by adding at the end the following:
``(3) Comprehensive conservation planning.--In carrying out
this subsection, the Secretary shall provide technical and
financial assistance using resources available under the
environmental quality incentives program, conservation
stewardship program, or such other programs as the Secretary
may determine to covered persons who request the assistance
to develop a comprehensive conservation plan for the farming
or ranching operation of the covered person.''.

TITLE II--CREDIT

Subtitle A--Farm Ownership Loans

SEC. 201. DIRECT FARM OWNERSHIP EXPERIENCE REQUIREMENT.

Section 302(b)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1922(b)) is amended by striking ``3
years'' and inserting ``2 years''.

SEC. 202. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM.

Section 304 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1924) is amended--
(1) in subsection (c)(2)--
(A) by striking ``shall meet'' and inserting ``shall--
``(A) meet'';
(B) in subparagraph (A) (as so designated), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(B) be the owner or operator of not larger than a family
farm.'';
(2) in subsection (e)--
(A) by striking ``The portion'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), the
portion''; and
(B) by adding at the end the following:
``(2) Beginning and socially disadvantaged farmers and
ranchers.--In the case of beginning farmers or ranchers and
socially disadvantaged farmers or ranchers, the portion of
the loan the Secretary may guarantee under this section shall
be 95 percent of the principal amount of the loan.''; and
(3) by striking subsection (h) and inserting the following:
``(h) Funding.--
``(1) In general.--The Secretary may make or guarantee
loans under this section for not more than $250,000,000 for
each of fiscal years 2013 through 2017, of which, for each
fiscal year, not more than \1/2\ shall be used for direct
loans and not more than \1/2\ shall be used for guaranteed
loans.
``(2) Qualified beginning farmers and ranchers.--
``(A) Direct loans.--Of the amount made available for
direct loans for a fiscal year under paragraph (1), the
Secretary shall reserve for qualified beginning farmers and
ranchers until April 1 of the fiscal year not less than 50
percent of the amount.
``(B) Guaranteed loans.--Of the amount made available for
guaranteed loans for a fiscal year under paragraph (1), the
Secretary shall reserve for qualified beginning farmers and
ranchers until April 1 of the fiscal year not less than 50
percent of the amount.''.

SEC. 203. LOAN TERMS FOR DOWN PAYMENT LOAN PROGRAM.

Section 310E(b)(1)(C) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1935(b)(1)(C)) is amended by
striking ``$500,000'' and inserting ``$667,000''.

SEC. 204. DEFINITION OF QUALIFIED BEGINNING FARMER OR
RANCHER.

Section 343(a)(11)(F) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)(11)(F)) is amended by
striking ``median'' and inserting ``average''.

Subtitle B--Operating Loans

SEC. 211. YOUNG BEGINNING FARMER OR RANCHER MICROLOANS.

Section 311 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1941) is amended by adding at the end the
following:
``(d) Young Beginning Farmer or Rancher Microloans.--
``(1) In general.--The Secretary may make microloans under
this subtitle to beginning

[[Page S7376]]

farmers or ranchers who are not less than 19 and not more
than 35 years of age to enable the beginning farmers or
ranchers to obtain flexible capital to finance operations.
``(2) Liability.--In the case of a microloan under this
subsection, the Secretary may accept the personal liability
of a cosigner of the promissory note in addition to the
personal liability of the borrower.
``(3) Principal balance.--The principal balance for a
microloan made under this subsection shall not exceed
$35,000.
``(4) Term.--Loan repayment under this subsection shall be
required in not less than 1 and not more than 7 years.
``(5) Interest rate.--The interest rate on a loan made
under this subsection shall not exceed the maximum interest
rate that may be charged low income, limited resource
borrowers under section 316(a)(2).
``(6) Borrower training.--
``(A) In general.--Subject to subparagraph (B), to be
eligible for a microloan under this subsection, the borrower
shall have successfully completed, or will complete within 1
year, borrower training described in section 359.
``(B) Waivers.--In carrying out subparagraph (A), the
Secretary shall not grant a waiver described in section
359(f) except in the case of a borrower who successfully
completed, or will complete within 1 year, an equivalent
training program, including programs established under
section 7405 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 3319f), as determined by the Secretary.''.

Subtitle C--Administrative Provisions

SEC. 221. BEGINNING FARMER AND RANCHER INDIVIDUAL DEVELOPMENT
ACCOUNTS PILOT PROGRAM.

Section 333B of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1983b) is amended by striking subsection (h)
and inserting the following:
``(h) Funding.--On October 1, 2012, and on each October 1
thereafter through October 1, 2016, of the funds of the
Commodity Credit Corporation, the Secretary shall use to
carry out this section $5,000,000, to remain available until
expended.''.

SEC. 222. TRANSITION TO PRIVATE COMMERCIAL OR OTHER SOURCES
OF CREDIT.

(a) Conditions for Direct Loans.--Section 311(c) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1941(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking the semicolon at the
end and inserting ``; and'';
(B) in subparagraph (B), by striking ``; or'' at the end
and inserting a period; and
(C) by striking subparagraph (C); and
(2) by striking paragraphs (3) and (4) and inserting the
following:
``(3) Term limits.--Subject to paragraph (4), if a farmer
or rancher has received a direct operating loan pursuant to
this section in each of 9 consecutive years, the farmer or
rancher may not receive a direct operating loan from the
Secretary under this section for the next year.
``(4) Waivers for farm and ranch operations on tribal
land.--The Secretary shall waive the limitation under
paragraph (3) for a direct loan made under this subtitle to a
farmer or rancher whose farm or ranch land is subject to the
jurisdiction of an Indian tribe and whose loan is secured by
1 or more security instruments that are subject to the
jurisdiction of an Indian tribe if the Secretary determines
that commercial credit is not generally available for the
farm or ranch operations.''.
(b) Limitation on Period Borrowers Are Eligible for
Guaranteed Assistance.--Section 319 of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1949) is amended by
striking subsection (b) and inserting the following:
``(b) Limitation on Period Borrowers Are Eligible for
Guaranteed Assistance.--If a borrower has received a
guaranteed loan under this subtitle in each of 15 consecutive
years, the borrower may not receive a loan guaranteed by the
Secretary for the next year.''.

SEC. 223. LOAN AUTHORIZATION LEVELS.

Section 346(b)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1994(b)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``$4,226,000,000 for each of fiscal years 2008 through 2012''
and inserting ``$5,000,000,000 for each of fiscal years 2013
through 2017'' ;
(2) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``$1,200,000,000'' and inserting ``$2,000,000,000'';
(B) in clause (i), by striking ``$350,000,000'' and
inserting ``$750,000,000''; and
(C) in clause (ii), by striking ``$850,000,000'' and
inserting ``$1,250,000,000''; and
(3) in subparagraph (B)--
(A) in the matter preceding clause (i), by striking
``$3,026,000,000'' and inserting ``$3,000,000,000'';
(B) in clause (i), by striking ``$1,000,000,000'' and
inserting ``$1,500,000,000''; and
(C) in clause (ii), by striking ``$2,026,000,000'' and
inserting ``$1,500,000,000''.

SEC. 224. DIRECT LOANS FOR BEGINNING FARMERS AND RANCHERS.

Section 346(b)(2)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1994(b)(2)(A)) is amended--
(1) in clause (i), by adding at the end the following:

``(III) Priority.--In order to maximize the number of
borrowers served under this clause, the Secretary--

``(aa) shall give priority to borrowers who apply under the
down payment loan program under section 310E or joint
financing arrangements under section 307(a)(3)(D); and
``(bb) may offer other financing options only if the
Secretary determines that down payment or other participation
loan options are not a viable approach for a particular
borrower.''; and
(2) in clause (ii)(III), by striking ``each of fiscal years
2008 through 212'' and inserting ``fiscal year 2008 and each
fiscal year thereafter''.

SEC. 225. BORROWER TRAINING.

Section 359 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2006a) is amended by adding at the end the
following:
``(g) Coordination.--The Secretary shall coordinate the
borrower training program under this section with the
beginning farmer and rancher development program established
under section 7405 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 3319f) to ensure, to the maximum extent
practicable, that financial management training programs
funded under the beginning farmer and rancher development
program are designed in such a way that the financial
management training programs will--
``(1) meet borrower training requirements under this
section; and
``(2) qualify as beginning farmer and rancher development
program projects covered by contracts under subsection
(b).''.

TITLE III--RURAL DEVELOPMENT

SEC. 301. VALUE-ADDED PRODUCER GRANTS.

Section 231(b) of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1632a(b)) is amended--
(1) by striking paragraph (6) and inserting the following:
``(6) Priority.--
``(A) In general.--In awarding grants under this
subsection, the Secretary shall give priority to projects
that--
``(i) contribute to increasing opportunities for operators
of small- and medium-sized farms and ranches that are
structured as a family farm; or
``(ii) have applicants at least \1/4\ of whom are beginning
farmers or ranchers or socially disadvantaged farmers or
ranchers.
``(B) Ranking.--In evaluating and ranking proposals under
this subsection, the Secretary shall provide very substantial
weight to the priorities described in subparagraph (A).'';
and
(2) in paragraph (7)--
(A) in subparagraph (A)--
(i) by striking ``October 1, 2008'' and inserting ``October
1, 2012, and each October 1 thereafter through October 1,
2016''; and
(ii) by striking ``$15,000,000'' and inserting
``$30,000,000'';
(B) in subparagraph (B), by striking ``2012'' and inserting
``2017''; and
(C) in subparagraph (C)--
(i) in clause (i), by striking ``benefit'' and inserting
``have applicants at least \1/4\ of whom are''; and
(ii) in clause (iii), by striking ``June 30 of the fiscal
year'' and inserting ``the close of the annual proposal
review process''.

SEC. 302. USE OF LOANS AND GRANTS FOR ENTREPRENEURIAL FARM
ENTERPRISES.

Subtitle D of the Consolidated Farm and Rural Development
Act is amended by inserting after section 365 (7 U.S.C. 2008)
the following:

``SEC. 366. USE OF LOANS AND GRANTS FOR ENTREPRENEURIAL FARM
ENTERPRISES.

``(a) In General.--The Secretary shall approve grants and
loans under any rural development program established under
this title to support farm and farm-related business
enterprises that--
``(1) create new entrepreneurial employment opportunities
for beginning farmers and ranchers;
``(2) have the effect of--
``(A) creating new small- and medium-size family farms;
``(B) enhancing local and regional food systems;
``(C) increasing value-added production and new markets;
``(D) preserving farmland and rural heritage; and
``(E) developing strong rural economies; and
``(3) are consistent with the purposes of the program.
``(b) Limitation.--Loans or grants made under this section
shall not be available for annual agricultural production
purposes.''.

TITLE IV--RESEARCH, EDUCATION, AND EXTENSION

SEC. 401. BEGINNING FARMER AND RANCHER DEVELOPMENT PROGRAM.

Section 7405 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 3319f) is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (Q), by striking ``and'' after the
semicolon at the end;
(ii) by redesignating subparagraph (R) as subparagraph (S);
and
(iii) by inserting after subparagraph (Q) the following:
``(R) agricultural rehabilitation and vocational training
for veterans; and'';
(B) in paragraph (4)--
(i) by striking ``To be eligible'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
to be eligible''; and

[[Page S7377]]

(ii) by adding at the end the following:
``(B) Exceptions.--The Secretary may waive or modify the
matching requirement in subparagraph (A) if the Secretary
determines a waiver or modification is necessary to
effectively reach an underserved area or population.'';
(C) in paragraph (8)--
(i) in subparagraph (B), by striking ``and'' after the
semicolon at the end;
(ii) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) military veteran beginning farmers and ranchers.'';
and
(D) by adding at the end the following:
``(11) Indirect costs.--To help facilitate participation in
the program under this subsection by nongovernmental and
community-based nonprofit organizations, the Secretary shall
provide for an optional 10 percent indirect cost option in
lieu of a higher negotiated rate.''; and
(2) in subsection (h)--
(A) in paragraph (1), by striking ``sec-
tion--''and all that follows through the period at the end
and inserting ``$25,000,000 for each of fiscal years 2013
through 2017.''; and
(B) in paragraph (2), by striking ``2008 through 2012'' and
inserting ``2013 through 2017''.

SEC. 402. AGRICULTURE AND FOOD RESEARCH INITIATIVE.

Subsection (b) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 450i(b)) is amended--
(1) in paragraph (2)(F)--
(A) by redesignating clauses (iii) through (vi) as clauses
(iv) through (vii), respectively; and
(B) by inserting after clause (ii) the following:
``(iii) new farming opportunities, including young,
beginning, socially disadvantaged, and immigrant issues and
farm transition, farm transfer, farm entry, and beginning
farmer profitability issues;'';
(2) in paragraph (7), in the matter preceding subparagraph
(A), by inserting ``projects (including integrated
projects)'' after ``education''; and
(3) in paragraph (11)(A)--
(A) in the matter preceding clause (i), by striking ``2008
through 2012'' and inserting ``2013 through 2017''; and
(B) in clause (i), by striking ``pursuant to'' and
inserting ``under''.

TITLE V--CROP INSURANCE

SEC. 501. SENSE OF CONGRESS ON BEGINNING FARMER AND RANCHER
ACCESS TO CROP AND REVENUE INSURANCE.

It is the sense of Congress that the Secretary of
Agriculture should, to the maximum extent practicable, remove
barriers and ensure effective access to crop and revenue
insurance by beginning farmers and ranchers on terms that are
fair and assist in the goal of increasing the number of new
farming and ranching opportunities.

SEC. 502. RISK MANAGEMENT PARTNERSHIP PROGRAMS.

Section 522 of the Federal Crop Insurance Act (7 U.S.C.
1522) is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``priority given to risk'' and inserting
``priority given to--
``(A) risk'';
(ii) by striking the period at the end and inserting ``;
and''; and
(iii) by adding at the end the following:
``(B) underserved producers, including beginning farmers
and ranchers and socially disadvantaged farmers and
ranchers.'';
(B) in paragraph (2)--
(i) by striking ``options for producers'' and inserting
``options for--
``(A) producers'';
(ii) by striking the period at the end and inserting ``;
and''; and
(iii) by adding at the end the following:
``(B) underserved producers, including beginning farmers
and ranchers and socially disadvantaged farmers and
ranchers.''; and
(C) by adding at the end the following:
``(4) Requirements.--In carrying out the programs
established under paragraphs (2) and (3), the Secretary shall
place special emphasis on risk management techniques, tools,
and programs that are specifically targeted at--
``(A) beginning farmers or ranchers;
``(B) legal immigrant farmers or ranchers that are
attempting to become established agricultural producers in
the United States;
``(C) socially disadvantaged farmers or ranchers;
``(D) farmers or ranchers that--
``(i) are preparing to retire; and
``(ii) are using transition strategies to help new farmers
or ranchers get started; and
``(E) new or established farmers or ranchers that are
converting production and marketing systems to pursue new
markets.''; and
(2) in subsection (e)(2)(A), by striking ``$12,500,000 for
fiscal year 2008'' and inserting ``$15,000,000 for fiscal
year 2013''.

TITLE VI--MISCELLANEOUS

SEC. 601. SMALL AND BEGINNING FARMER AND RANCHER
COORDINATORS.

Section 226B of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6934) is amended--
(1) in subsection (c)(4), by inserting before the semicolon
at the end the following: ``, including review of rulemakings
to provide an assessment and make recommendations regarding
the impact of rules on small farms and ranches, beginning and
socially disadvantaged farmers and ranchers, and related
matters relevant to the structure of agriculture'';
(2) in subsection (e)(2)--
(A) by redesignating subparagraph (D) as subparagraph (E);
and
(B) by inserting after subparagraph (C) the following:
``(D) State small and beginning farmer and rancher
coordinator.--
``(i) In general.--The Small Farms and Beginning Farmers
and Ranchers Group shall designate a State small and
beginning farmer and rancher coordinator from among the State
office employees of the Farm Service Agency, the Natural
Resources Conservation Service, the Risk Management Agency,
the Rural Business-Cooperative Service, and the Rural
Utilities Service.
``(ii) Training.--The Small Farms and Beginning Farmers and
Ranchers Group shall coordinate the development of a training
plan so that each State coordinator shall receive sufficient
training to have a general working knowledge of the programs
and services available from each agency of the Department to
assist small and beginning farmers and ranchers.
``(iii) Duties.--The coordinator shall--

``(I) coordinate technical assistance at the State level to
help small and beginning farmers and ranchers gain access to
programs of the Department;
``(II) develop and submit a State plan for approval by the
Small Farms and Beginning Farmers and Ranchers Group to
provide coordination to ensure adequate services to small and
beginning farmers and ranchers at all county and area offices
throughout the State;
``(III) oversee implementation of the approved State plan;
and
``(IV) work with outreach coordinators in the State offices
of the Farm Service Agency, the Natural Resources
Conservation Service, the Risk Management Agency, the Rural
Business-Cooperative Service, and the Rural Utilities Service
to ensure appropriate information about technical assistance
is available at outreach events and activities.''; and

(3) in subsection (f), by striking paragraph (3); and
(4) by adding at the end the following:
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as are necessary for each of fiscal years 2013 through
2017.''.

SEC. 602. MILITARY VETERANS AGRICULTURAL LIAISON.

(a) In General.--Subtitle A of the Department of
Agriculture Reorganization Act of 1994 is amended by
inserting after section 218 (7 U.S.C. 6918) the following:

``SEC. 219. MILITARY VETERANS AGRICULTURAL LIAISON.

``(a) Authorization.--The Secretary shall establish in the
Department the position of Military Veterans Agricultural
Liaison.
``(b) Duties.--The Military Veterans Agricultural Liaison
shall--
``(1) provide information to returning veterans about, and
connect returning veterans with, beginning farmer training
and agricultural vocational and rehabilitation programs
appropriate to the needs and interests of returning veterans,
including assisting veterans in using Federal veterans
educational benefits for purposes relating to beginning a
farming or ranching career;
``(2) provide information to veterans concerning the
availability of and eligibility requirements for
participation in agricultural programs, with particular
emphasis on beginning farmer and rancher programs;
``(3) serving as a resource for assisting veteran farmers
and ranchers, and potential farmers and ranchers, in applying
for participation in agricultural programs; and
``(4) advocating on behalf of veterans in interactions with
employees of the Department.''.
(b) Conforming Amendments.--Section 296(b) of the
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 7014(b)) is amended--
(1) in paragraph (6), by striking ``or'' after the
semicolon at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(8) the authority of the Secretary to establish in the
Department the position of Military Veterans Agricultural
Liaison in accordance with section 219.''.

SEC. 603. BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.

SEC. 604. EFFECTIVE DATE.

This Act and the amendments made by this Act take effect on
October 1, 2012.
______

By Mr. MERKLEY (for himself and Mrs. Boxer):
S. 1851. A bill to authorize the restoration of the Klamath Basin and
the settlement of the hydroelectric licensing of the Klamath
Hydroelectric Project in accordance with the Klamath Basin Restoration
Agreement and the Klamath hydroelectric Settlement

[[Page S7378]]

Agreement in the public interest and the interest of the United States,
and for other purposes; to the Committee on Energy and Natural
Resources.
Mr. MERKLEY. Mr. President, I rise today to address the long history
of water disputes in the Klamath Basin and commend the work of the
community in coming together to begin a new, collaborative era of water
management in the region.
When I was first elected to the U.S. Senate, one of my first trips
across Oregon included a visit to the Klamath Basin to gather
information about the history of the water wars in the region and meet
with the stakeholders who were working on a solution.
On my way down to the Basin I was extremely skeptical that
traditional rivals could reach agreement on a written management plan.
Only a few years earlier, the region was embroiled in protests and
civil disobedience over sizeable fish kills and limited supplies of
water for irrigation. The generational battles over water had deepened
divides, often making it hard for parties to be in a room together, let
alone work together.
When I arrived in Klamath Falls, therefore, I was deeply surprised to
find farmers, ranchers, fishermen, Tribal leaders and conservationists
working together on a comprehensive and collaborative plan that would
end the ongoing water wars of the region, improve the local economy and
create a stronger environment for the future. They told me they were
tired of the unproductive battles of the past and of the massive
amounts they were spending on lawyers rather than solutions. They
thought they had some chance of finding a better path forward. This was
impressive. I thought then that if they managed to get the Klamath
Restoration Agreements completed and signed by all the parties, I would
certainly assist them with the necessary federal legislation.
That legislation is now the Klamath Basin Economic Restoration Act of
2011, which I am introducing today. This bill implements both the
Klamath Basin Restoration Agreement and Klamath Hydroelectric
Settlement Agreement and moves the region forward. These agreements
would provide a more stable supply of irrigation water to farmers and
ranchers and would improve in-river water flows for endangered fish and
the fishermen who depend on them. The agreements would enhance the
national wildlife refuges that are one of the most important migratory
bird habitats in the country. In addition, the agreement would, by
removing four dams, turn the Klamath into a free-flowing river once
again, opening miles of habitat to spawning salmon. The agreement also
restores a sector of the Klamath Tribe forest and resolves a
challenging fish passage issue for Pacific Power.
This agreement would create a lot of jobs. A recent analysis
estimates that the agreement would create 4,000 jobs in construction
and agriculture. It also estimates that with the restoration of
critical salmon and steelhead habitat the commercial harvest of Chinook
salmon would increase by 80 percent.
The KBRA and KHSA agreements are the result of several years of
intense negotiation and compromise. They are inherently complicated. No
party obtained all they desired and not everyone is satisfied that
these agreements contain the best possible outcomes.
But what is absolutely clear is that it is an extraordinary
accomplishment for the Klamath stakeholders to set aside their historic
differences and work out this plan. They say in the West that,
``Whiskey, that's for drinking. Water, that's for fighting.'' But
continuous fighting sometimes reaches the point where little is
accomplished. The Klamath stakeholders are painting a different vision,
in which the interests of all can be served.
The agreement is full of the bipartisan, solution-oriented spirit
that can take the region forward. It is a spirit that we could use a
lot more of in Washington, DC, and across the nation. I am proud to
partner with the Klamath community on the future of the region.
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. 1851

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 ``Klamath
Basin Economic Restoration 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. Definitions.

TITLE I--RESTORATION AGREEMENT

Sec. 101. Approval and execution of Restoration Agreement.
Sec. 102. Agreements and non-Federal funds.
Sec. 103. Rights protected.
Sec. 104. Funding.
Sec. 105. Klamath Reclamation Project.
Sec. 106. Tribal commitments and actions.
Sec. 107. Judicial review.
Sec. 108. Miscellaneous.

TITLE II--HYDROELECTRIC SETTLEMENT

Sec. 201. Approval and execution of Hydroelectric Settlement.
Sec. 202. Secretarial determination.
Sec. 203. Facilities transfer and removal.
Sec. 204. Transfer of Keno Development.
Sec. 205. Liability protection.
Sec. 206. Licenses.
Sec. 207. Miscellaneous.

SEC. 2. DEFINITIONS.

In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Dam removal entity.--The term ``Dam Removal Entity''
means the entity designated by the Secretary pursuant to
section 202(c).
(3) Department.--The term ``Department'' means the
Department of the Interior.
(4) Definite plan.--The term ``definite plan'' has the
meaning given the term in section 1.4 of the Hydroelectric
Settlement.
(5) Detailed plan.--The term ``detailed plan'' has the
meaning given the term in section 1.4 of the Hydroelectric
Settlement.
(6) Facility.--The term ``facility'' means any of the
following hydropower developments (including appurtenant
works) licensed to PacifiCorp under the Federal Power Act (16
U.S.C. 791a et seq.) as Project No. 2082:
(A) Iron Gate Development.
(B) Copco 1 Development.
(C) Copco 2 Development.
(D) J.C. Boyle Development.
(7) Facilities removal.--The term ``facilities removal''
means--
(A) physical removal of all or part of each facility to
achieve, at a minimum, a free-flowing condition and
volitional fish passage;
(B) site remediation and restoration, including restoration
of previously inundated land;
(C) measures to avoid or minimize adverse downstream
impacts; and
(D) all associated permitting for the actions described in
this paragraph.
(8) Federally recognized tribe.--The term ``federally
recognized tribe'' means an Indian tribe listed as federally
recognized in--
(A) the Bureau of Indian Affairs publication entitled
``Indian Entities Recognized and Eligible to Receive Services
from the United States Bureau of Indian Affairs'' (74 Fed.
Reg. 40218 (Aug. 11, 2009)); or
(B) any list published in accordance with section 104 of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 479a-1).
(9) Hydroelectric settlement.--
(A) In general.--The term ``Hydroelectric Settlement''
means the agreement entitled ``Klamath Hydroelectric
Settlement Agreement,'' dated February 18, 2010, between--
(i) the Department;
(ii) the Department of Commerce;
(iii) the State of California;
(iv) the State of Oregon;
(v) PacifiCorp; and
(vi) other parties.
(B) Inclusions.--The term ``Hydroelectric Settlement''
includes any amendments to the Agreement described in
subparagraph (A)--
(i) approved by the parties before the date of enactment of
this Act; or
(ii) approved pursuant to section 201(b)(2).
(10) Keno development.--The term ``Keno Development'' means
the Keno regulating facility within the jurisdictional
project boundary of FERC Project No. 2082.
(11) Klamath basin.--
(A) In general.--The term ``Klamath Basin'' means the land
tributary to the Klamath River in the States.
(B) Inclusions.--The term ``Klamath Basin'' includes the
Lost River and Tule Lake Basins.
(12) Klamath project water users.--The term ``Klamath
Project Water Users'' means--
(A) the Tulelake Irrigation District;
(B) the Klamath Irrigation District;
(C) the Klamath Drainage District;
(D) the Klamath Basin Improvement District;
(E) the Ady District Improvement Company;
(F) the Enterprise Irrigation District;
(G) the Malin Irrigation District;
(H) the Midland District Improvement District;
(I) the Pioneer District Improvement Company;
(J) the Shasta View Irrigation District;
(K) the Sunnyside Irrigation District;

[[Page S7379]]

(L) Don Johnston & Son;
(M) Bradley S. Luscombe;
(N) Randy Walthall;
(O) the Inter-County Title Company;
(P) the Reames Golf and Country Club;
(Q) the Winema Hunting Lodge, Inc.;
(R) Van Brimmer Ditch Company;
(S) Plevna District Improvement Company; and
(T) Collins Products, LLC.
(13) Net revenues.--
(A) In general.--The term ``net revenues'' has the meaning
given the term ``net lease revenues'' in Article 1(e) of
Contract No. 14-06-200-5954 between Tulelake Irrigation
District and the United States.
(B) Inclusions.--The term ``net revenues'' includes
revenues from the leasing of land in--
(i) the Tule Lake National Wildlife Refuge lying within the
boundaries of the Tulelake Irrigation District; and
(ii) the Lower Klamath National Wildlife Refuge lying
within the boundaries of the Klamath Drainage District.
(14) Non-federal parties.--The term ``non-Federal Parties''
means each of the signatories to the Restoration Agreement
other than the Secretaries.
(15) Oregon klamath basin adjudication.--The term ``Oregon
Klamath Basin adjudication'' means the proceeding to
determine water rights pursuant to chapter 539 of Oregon
Revised Statutes entitled ``In the matter of the
determination of the relative rights of the waters of the
Klamath River, a tributary of the Pacific Ocean.''
(16) Pacificorp.--The term ``PacifiCorp'' means the owner
and licensee of the Klamath Hydroelectric Project, FERC
Project No. 2082.
(17) Party.--The term ``Party'' means each of the
signatories to the Restoration Agreement, including the
Secretaries.
(18) Party tribes.--The term ``Party Tribes'' means--
(A) the Yurok Tribe;
(B) the Karuk Tribe; and
(C) the Klamath Tribes.
(19) Restoration agreement.--
(A) Restoration agreement.--The term ``Restoration
Agreement'' means the Agreement entitled ``Klamath Basin
Restoration Agreement for the Sustainability of Public and
Trust Resources and Affected Communities'' dated February 18,
2010, which shall be on file and available for public
inspection in the appropriate offices of the Secretaries.
(B) Inclusions.--The term ``Restoration Agreement''
includes any amendments to the Agreement described in
subparagraph (A)--
(i) approved by the parties before the date of enactment of
this Act; or
(ii) approved pursuant to section 101(b)(2).
(20) Secretarial determination.--The term ``Secretarial
determination'' means a determination of the Secretary made
under section 202(a).
(21) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of the Interior or designee;
(B) the Secretary of Commerce or designee; and
(C) the Secretary of Agriculture or designee.
(22) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(23) States.--The term ``States'' means--
(A) the State of Oregon; and
(B) the State of California.

TITLE I--RESTORATION AGREEMENT

SEC. 101. APPROVAL AND EXECUTION OF RESTORATION AGREEMENT.

(a) In General.--The United States approves the Restoration
Agreement except to the extent the Restoration Agreement
conflicts with this title.
(b) Signing and Implementation of the Restoration
Agreement.--The Secretaries shall--
(1) sign and implement the Restoration Agreement;
(2) implement any amendment to the Restoration Agreement
approved by the Parties after the date of enactment of this
title, unless 1 or more of the Secretaries determines, not
later than 90 days after the date on which the non-Federal
Parties agree to the amendment, that the amendment is
inconsistent with this title or other provisions of law; and
(3) to the extent consistent with the Restoration
Agreement, this title, and other provisions of law, perform
all actions necessary to carry out each responsibility of the
Secretary concerned under the Restoration Agreement.
(c) Effect of Signing of Restoration Agreement.--Signature
by the Secretaries of the Restoration Agreement does not
constitute a major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(d) Compliance With Existing Law.--In implementing the
Restoration Agreement, the Secretaries shall comply with--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(3) all other applicable Federal environmental laws
(including regulations).

SEC. 102. AGREEMENTS AND NON-FEDERAL FUNDS.

(a) Agreements.--The Secretaries may enter into such
agreements and take such other measures (including entering
into contracts and financial assistance agreements) as the
Secretaries consider necessary to carry out this title.
(b) Acceptance and Expenditure of Non-Federal Funds.--
(1) In general.--Notwithstanding title 31, United States
Code, the Secretaries may accept and expend, without further
appropriation, non-Federal funds (including donations or in-
kind services, or both) and accept by donation or otherwise
real or personal property or any interest in the property,
for the purposes of implementing the Restoration Agreement.
(2) Use.--The funds may be expended, and the property used,
under paragraph (1) only for the purposes for which the funds
and property were provided, without further appropriation or
authority.

SEC. 103. RIGHTS PROTECTED.

Notwithstanding any other provision of law, this Act and
implementation of the Restoration Agreement shall not
restrict or alter the eligibility of any Party or Indian
tribe for or receipt of funds, or be considered an offset
against any obligations or funds in existence on the date of
enactment of this Act, under any Federal or State law.

SEC. 104. FUNDING.

(a) Establishment of Accounts.--There are established in
the Treasury for the deposit of appropriations and other
funds (including non-Federal donated funds) the following
noninterest-bearing accounts:
(1) The On-Project Plan and Power for Water Management
Fund.
(2) The Water Use Retirement and Off-Project Reliance Fund.
(3) The Klamath Drought Fund.
(b) Management.--The accounts established by subsection (a)
shall be managed in accordance with this title and section
14.3 of the Restoration Agreement.
(c) Budget Requests.--When submitting annual budget
requests to Congress, the President may include funding
described in Appendix C-2 of the Restoration Agreement with
such adjustment as the President considers appropriate to
maintain timely implementation of the Restoration Agreement.
(d) Nonreimbursable.--Except as provided in section 108(d),
funds appropriated and expended for the implementation of the
Restoration Agreement shall be nonreimbursable and
nonreturnable to the United States.
(e) Funds Available Until Expended.--All funds made
available for the implementation of the Restoration Agreement
shall remain available until expended.

SEC. 105. KLAMATH RECLAMATION PROJECT.

(a) Klamath Reclamation Project Purposes.--The purposes of
the Klamath Reclamation Project shall be irrigation,
reclamation, flood control, municipal, industrial, power (as
necessary to implement the Restoration Agreement), National
Wildlife Refuge, and fish and wildlife.
(b) Effect of Fish and Wildlife Purposes.--
(1) In general.--Subject to paragraph (2), the fish and
wildlife and National Wildlife Refuge purposes of the Klamath
Reclamation Project shall not adversely affect the irrigation
purpose of the Klamath Reclamation Project.
(2) Water allocations and delivery.--The provisions
regarding water allocations and delivery to the National
Wildlife Refuges in section 15.1.2 of the Restoration
Agreement (including any additional water made available
under sections 15.1.2.E.ii and 18.3.2.B.v of the Restoration
Agreement) shall not be considered to have an adverse effect
on the irrigation purpose of the Klamath Reclamation Project.
(c) Water Rights Adjudication.--Notwithstanding subsections
(a) and (b), for purposes of the determination of water
rights in Oregon Klamath Basin Adjudication, until Appendix
E-1 to the Restoration Agreement has been filed in the Oregon
Klamath Basin Adjudication, the 1 or more purposes of the
Klamath Reclamation Project shall continue as in existence
prior to the date of enactment of this Act.
(d) Disposition of Net Revenues From Leasing of Tule Lake
and Lower Klamath National Wildlife Refuge Land.--
Notwithstanding any other provision of law, net revenues from
the leasing of refuge land within the Tule Lake National
Wildlife Refuge and the Lower Klamath National Wildlife
Refuge under section 4 of Public Law 88-567 (16 U.S.C. 695n)
shall be provided, without further appropriation, as follows:
(1) 10 percent of net revenues from land within the Tule
Lake National Wildlife Refuge that are within the boundaries
of Tulelake Irrigation District shall be provided to the
Tulelake Irrigation District in accordance with article 4 of
Contract No. 14-06-200-5954 and section 2(a) of the Act of
August 1, 1956 (70 Stat. 799, chapter 828).
(2) Such amounts as are necessary shall be used to make
payment to counties in lieu of taxes in accordance with
section 3 of Public Law 88-567 (16 U.S.C. 695m).
(3) 20 percent of net revenues shall be provided directly
to the United States Fish and Wildlife Service for wildlife
management purposes on the Tule Lake National Wildlife Refuge
and Lower Klamath National Wildlife Refuge.
(4) 10 percent of net revenues from land within Lower
Klamath National Wildlife Refuge that are within the
boundaries of the Klamath Drainage District shall be provided
directly to Klamath Drainage District for operation and
maintenance responsibility for the Federal Reclamation water
delivery and drainage facilities within the boundaries of
both Klamath Drainage District and Lower Klamath National
Wildlife Refuge exclusive of the Klamath Straits Drain,
subject to the

[[Page S7380]]

assumption by the Klamath Drainage District of the operation
and maintenance duties of the Bureau of Reclamation for
Klamath Drainage District (Area K) lease land exclusive of
Klamath Straits Drain.
(5) The remainder of net revenues shall be provided
directly to the Bureau of Reclamation for--
(A) operation and maintenance costs of Link River and Keno
Dams incurred by the United States; and
(B) to the extent that the revenues received under this
paragraph for any year exceed the costs described in
subparagraph (A), future capital costs of the Klamath
Reclamation Project.

SEC. 106. TRIBAL COMMITMENTS AND ACTIONS.

(a) Actions by the Klamath Tribes.--In return for the
resolution of the contests of the Klamath Project Water Users
related to the water rights claims of the Klamath Tribes and
of the United States acting in a capacity as trustee for the
Klamath Tribes and members of the Klamath Tribes in the
Oregon Klamath Basin Adjudication and for other benefits
covered by the Restoration Agreement and this Act, the
Klamath Tribes (on behalf of the Klamath Tribes and members
of the Klamath Tribes) are authorized to make the commitments
in the Restoration Agreement, including the assurances
contained in section 15 of the Restoration Agreement, and
such commitments are confirmed as effective and binding in
accordance with the terms of the commitments without further
action by the Klamath Tribes.
(b) Actions by the Karuk Tribe and the Yurok Tribe.--In
return for the commitments of the Klamath Project Water Users
related to water rights of the Karuk Tribe and the Yurok
Tribe as described in the Restoration Agreement and for other
benefits covered by the Restoration Agreement and this Act,
the Karuk Tribe and the Yurok Tribe (on behalf of those
Tribes and members of those Tribes) are authorized to make
the commitments provided in the Restoration Agreement,
including the assurances contained in section 15 of the
Restoration Agreement, and such commitments are confirmed as
effective and binding in accordance with the terms of the
commitments without further action by the Yurok Tribe or the
Karuk Tribe.
(c) Release of Claims Against the United States.--
(1) In general.--Without affecting rights secured by
treaty, Executive order, or other law, the Party Tribes (on
behalf of the Party Tribes and members of the Party Tribes)
may relinquish and release certain claims against the United
States, Federal agencies, or Federal employees, described in
sections 15.3.5.A, 15.3.6.B.i and 15.3.7.B.i of the
Restoration Agreement.
(2) Conditions.--The relinquishments and releases shall not
be in force or effect until the terms described in sections
15.3.5.C, 15.3.6.B.iii, 15.3.7.B.iii, and 33.2.1 of the
Restoration Agreement have been fulfilled.
(d) Retention of Rights of the Party Tribes.--
Notwithstanding the commitments and releases described in
subsections (a) through (c), the Party Tribes and the members
of the Party Tribes shall retain all claims described in
sections 15.3.5.B, 15.3.6.B.ii and 15.3.7.B.ii of the
Restoration Agreement.
(e) Tolling of Claims.--
(1) In general.--Subject to paragraph (2), the period of
limitation and time-based equitable defense relating to a
claim described in subsection (c) shall be tolled during the
period--
(A) beginning on the date of enactment of this Act; and
(B) ending on the earlier of--
(i) the date the Secretary publishes the notice described
in sections 15.3.5.C, 15.3.6.B.iii and 15.3.7.B.iii of the
Restoration Agreement; or
(ii) December 1, 2030.
(2) Effect of tolling.--Nothing in this subsection--
(A) revives any claim or tolls any period of limitation or
time-based equitable defense that expired before the date of
enactment of this Act; or
(B) precludes the tolling of any period of limitations or
any time-based equitable defense under any other applicable
law.
(f) Actions of the United States Acting in Capacity as
Trustee.--In return for the commitments of the Klamath
Project Water Users relating to the water rights and water
rights claims of federally recognized tribes of the Klamath
Basin and of the United States as trustee for such tribes and
other benefits covered by the Restoration Agreement and this
Act, the United States, as trustee on behalf of the federally
recognized tribes of the Klamath Basin and allottees of
reservations of federally recognized tribes of the Klamath
Basin in California, is authorized to make the commitments
provided in the Restoration Agreement, including the
assurances contained in section 15 of the Restoration
Agreement, and such commitments are confirmed as effective
and binding in accordance with the terms of the commitments,
without further action by the United States.
(g) Further Agreements.--The United States and the Klamath
Tribes may enter into agreements consistent with section 16.2
of the Restoration Agreement.
(h) Effect of Section.--Nothing in this section--
(1) affects the ability of the United States to take
actions--
(A) authorized by law to be taken in the sovereign capacity
of the United States, including any laws relating to health,
safety, or the environment, including--
(i) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(iii) the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.);
(iv) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.); and
(v) regulations implementing the Acts described in this
subparagraph;
(B) as trustee for the benefit of federally recognized
tribes other than the federally recognized tribes of the
Klamath Basin;
(C) as trustee for the federally recognized tribes of the
Klamath Basin and the members of the tribes that are
consistent with the Restoration Agreement and this title;
(D) as trustee for the Party Tribes to enforce the
Restoration Agreement and this title through such legal and
equitable remedies as may be available in the appropriate
Federal or State court or administrative proceeding,
including the Oregon Klamath Basin Adjudication;
(E) as trustee for the federally recognized tribes of the
Klamath Basin to acquire water rights after the effective
date of the Restoration Agreement (as defined in section
1.5.1 of the Restoration Agreement);
(F) as trustee for the federally recognized tribes of the
Klamath Basin to use and protect water rights, including
water rights acquired after the effective date of the
Restoration Agreement (as defined in section 1.5.1 of the
Restoration Agreement), subject to the Restoration Agreement;
or
(G) as trustee for the federally recognized tribes of the
Klamath Basin to claim water rights or continue to advocate
for existing claims for water rights in appropriate Federal
and State courts or administrative proceedings with
jurisdiction over the claims, subject to the Restoration
Agreement;
(2) affects the treaty fishing, hunting, trapping,
pasturing, or gathering rights of any Indian tribe except to
the extent expressly provided in this title or the
Restoration Agreement; or
(3) affects any rights, remedies, privileges, immunities,
and powers, and claims not specifically relinquished and
released under, or limited by, this title or the Restoration
Agreement.
(i) Publication of Notice; Effect of Publication.--
(1) Publication.--The Secretary shall publish the notice
required by section 15.3.4.A or section 15.3.4.C of the
Restoration Agreement in accordance with the Restoration
Agreement.
(2) Effect.--On publication of the notice described in
paragraph (1), the Party Tribes, the United States as trustee
for the federally recognized tribes of the Klamath Basin, and
other Parties shall have the rights and obligations provided
in the Restoration Agreement.
(j) Fisheries Programs.--Consistent with section 102(a),
the Secretaries shall give priority to qualified Party Tribes
in awarding grants, contracts, or other agreements,
consistent with section 102, for purposes of implementing the
fisheries programs described in part III of the Restoration
Agreement.
(k) Tribes Outside Klamath Basin Unaffected.--Nothing in
this Act or the Restoration Agreement affects the rights of
any Indian tribe outside the Klamath Basin.
(l) Nonparty Tribes of the Klamath Basin Unaffected.--
Nothing in this Act or the Restoration Agreement amends,
alters, or limits the authority of the federally recognized
tribes of the Klamath Basin, other than the Party Tribes, to
exercise any water rights the tribes hold or may be
determined to hold.

SEC. 107. JUDICIAL REVIEW.

Judicial review of a decision of the Secretary concerning
rights or obligations under sections 15.3.5.C, 15.3.6.B.iii,
15.3.7.B.iii, 15.3.8.B, and 15.3.9 of the Restoration
Agreement shall be in accordance with the standard and scope
of review under subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the
``Administrative Procedure Act'').

SEC. 108. MISCELLANEOUS.

(a) Water Rights.--
(1) In general.--Except as specifically provided in this
title and the Restoration Agreement, nothing in this title or
the Restoration Agreement shall create or determine water
rights or affect water rights or water right claims in
existence on the date of enactment of this Act.
(2) No standard for quantification.--Nothing in this title
or the Restoration Agreement establishes any standard for the
quantification of Federal reserved water rights or any Indian
water claims of any Indian tribe in any judicial or
administrative proceeding.
(b) Limitations.--
(1) In general.--Nothing in this title--
(A) confers on any person or entity who is not a party to
the Restoration Agreement a private right of action or claim
for relief to interpret or enforce this title or the
Restoration Agreement; or
(B) expands the jurisdiction of State courts to review
Federal agency actions or determine Federal rights.
(2) Effect.--This subsection does not alter or curtail any
right of action or claim for relief under other applicable
law.
(c) Relationship to Certain Other Federal Law.--

[[Page S7381]]

(1) In general.--Nothing in this title amends, supersedes,
modifies, or otherwise affects--
(A) Public Law 88-567 (16 U.S.C. 695k et seq.);
(B) the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq.);
(C) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(D) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); or
(E) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(2) Consistency.--The Restoration Agreement shall be
considered consistent with subsections (a) through (c) of
section 208 of the Act of July 10, 1952 (66 Stat. 560,
chapter 651; 43 U.S.C. 666).
(d) Termination of Restoration Agreement.--If the
Restoration Agreement terminates--
(1) any appropriated Federal funds provided to a Party by
the Secretaries that are unexpended at the time of the
termination of the Restoration Agreement shall be returned to
the Treasury; and
(2) any appropriated Federal funds provided to a Party by
the Secretaries shall be treated as an offset against any
claim for damages by the Party arising under the Restoration
Agreement.
(e) Willing Sellers.--Any acquisition of interests in land
and water pursuant to this title or the Restoration Agreement
shall be from willing sellers.

TITLE II--HYDROELECTRIC SETTLEMENT

SEC. 201. APPROVAL AND EXECUTION OF HYDROELECTRIC SETTLEMENT.

(a) In General.--The United States approves the
Hydroelectric Settlement, except to the extent the
Hydroelectric Settlement conflicts with this title.
(b) Implementation.--The Secretary, the Secretary of
Commerce, and the Commission, or designees, shall implement,
in consultation with other applicable Federal agencies--
(1) the Hydroelectric Settlement; and
(2) any amendment to the Hydroelectric Settlement, unless 1
or more of the Secretaries determines, not later than 90 days
after the date the non-Federal Parties agree to the
amendment, that the amendment is inconsistent with this
title.

SEC. 202. SECRETARIAL DETERMINATION.

(a) In General.--The Secretary shall determine, consistent
with section 3 of the Hydroelectric Settlement, whether to
proceed with facilities removal and may determine to proceed
with facilities removal if, as determined by the Secretary,
facilities removal--
(1) will advance restoration of the salmonid fisheries of
the Klamath Basin; and
(2) is in the public interest, taking into account
potential impacts on affected local communities and federally
recognized Indian tribes among other factors.
(b) Basis for Secretarial Determination.--To support the
Secretarial determination, the Secretary, in cooperation with
the Secretary of Commerce and other entities, shall--
(1) use existing information;
(2) conduct any necessary further appropriate studies;
(3) prepare an environmental document under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and
(4) take such other actions as the Secretary determines to
be appropriate.
(c) Designation of Dam Removal Entity.--
(1) In general.--If the Secretarial determination provides
for proceeding with facilities removal, the Secretarial
determination shall include the designation of a Dam Removal
Entity.
(2) Requirements.--
(A) In general.--Subject to subparagraph (B), the Dam
Removal Entity designated by the Secretary shall be the
Department if the Secretary determines, in the judgment of
the Secretary, that--
(i) the Department has the capabilities and
responsibilities for facilities removal described in section
7 of the Hydroelectric Settlement; and
(ii) it is appropriate for the Department to be the Dam
Removal Entity.
(B) Non-federal dam removal entity.--As determined by the
Secretary consistent with section 3.3.4.E of the
Hydroelectric Settlement, the Secretary may designate a non-
Federal Dam Removal Entity if--
(i) the Secretary finds, based on the judgment of the
Secretary, that the Dam Removal Entity-designate is qualified
and has the capabilities and responsibilities for facilities
removal described in section 7 of the Hydroelectric
Settlement;
(ii) the States have concurred in the finding described in
clause (i); and
(iii) the Dam Removal Entity-designate has committed, if so
designated, to perform facilities removal within the State
Cost Cap described in section 4.1.3 of the Hydroelectric
Settlement.
(d) Conditions for Secretarial Determination.--The
Secretary may not make or publish the Secretarial
determination, unless the conditions specified in section
3.3.4 of the Hydroelectric Settlement have been satisfied.
(e) Notice.--The Secretary shall--
(1) publish notification of the Secretarial determination
in the Federal Register; and
(2) submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives a report on implementation of the
Hydroelectric Settlement.
(f) Judicial Review of Secretarial Determination.--
(1) In general.--For purposes of judicial review, the
Secretarial determination shall constitute a final agency
action with respect to whether or not to proceed with
facilities removal.
(2) Petition for review.--
(A) Filing.--
(i) In general.--Judicial review of the Secretarial
determination and related actions to comply with
environmental laws (including the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq), the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq), and the National
Historic Preservation Act (16 U.S.C. 470 et seq.)) may be
obtained by an aggrieved person or entity only as provided in
this subsection.
(ii) Jurisdiction.--A petition for review under this
paragraph may be filed only in the United States Court of
Appeals for the District of Columbia Circuit or in the Ninth
Circuit Court of Appeals.
(iii) Limitation.--Neither a district court of the United
States nor a State court shall have jurisdiction to review
the Secretarial determination or related actions to comply
with environmental laws described in clause (i).
(B) Deadline.--
(i) In general.--Except as provided in clause (ii), any
petition for review under this subsection shall be filed
within 60 days after the date of publication of the
Secretarial determination in the Federal Register.
(ii) Subsequent grounds.--If a petition is based solely on
grounds arising after the date that is 60 days after the date
of publication of the Secretarial determination in the
Federal Register, the petition for review under this
subsection shall be filed not later than 60 days after the
grounds arise.
(3) Implementation.--Any action of the Secretary with
respect to which review could have been obtained under this
paragraph shall not be subject to judicial review in any
action relating to the implementation of the Secretarial
determination or in proceedings for enforcement of the
Hydroelectric Settlement.
(4) Applicable standard and scope.--Judicial review of the
Secretarial determination shall be in accordance with the
standard and scope of review under subchapter II of chapter
5, and chapter 7, of title 5, United States Code (commonly
known as the ``Administrative Procedure Act'').
(5) Non-tolling.--The filing of a petition for
reconsideration by the Secretary of an action subject to
review under this subsection shall not--
(A) affect the finality of the action for purposes of
judicial review;
(B) extend the time within which a petition for judicial
review under this subsection may be filed; or
(C) postpone the effectiveness of the action.

SEC. 203. FACILITIES TRANSFER AND REMOVAL.

(a) Facilities Removal Process.--
(1) Application.--This subsection shall apply if--
(A) the Secretarial determination provides for proceeding
with facilities removal;
(B) the States concur in the Secretarial determination in
accordance with section 3.3.5 of the Hydroelectric
Settlement;
(C) the availability of non-Federal funds for the purposes
of facilities removal is consistent with the Hydroelectric
Settlement; and
(D) the Hydroelectric Settlement has not terminated in
accordance with section 8.11 of the Hydroelectric Settlement.
(2) Non-federal funds.--
(A) In general.--Notwithstanding title 31, United States
Code, if the Department is designated as the Dam Removal
Entity, the Secretary may accept, expend without further
appropriation, and manage non-Federal funds for the purpose
of facilities removal in accordance with sections 4 and 7 of
the Hydroelectric Settlement.
(B) Refund.--The Secretary is authorized to administer and
refund any funds described in subparagraph (A) received from
the State of California in accordance with the requirements
established by the State.
(3) Agreements.--The Dam Removal Entity may enter into
agreements and contracts as necessary to assist in the
implementation of the Hydroelectric Settlement.
(4) Facilities removal.--
(A) In general.--The Dam Removal Entity shall, consistent
with the Hydroelectric Settlement--
(i) develop a definite plan for facilities removal,
including a schedule for facilities removal;
(ii) obtain all permits, authorizations, entitlements,
certifications, and other approvals necessary to implement
facilities removal, including a permit under section 404 of
the Federal Water Pollution Control Act (33 U.S.C. 1344); and
(iii) implement facilities removal.
(B) State and local laws.--Facilities removal shall be
subject to applicable requirements of State and local laws
respecting permits and other authorizations, to the extent
the requirements are not in conflict with Federal law,
including the Secretarial determination and the detailed plan
(including the schedule) for facilities removal authorized
under this Act.
(C) Limitations.--Subparagraph (B) shall not affect--

[[Page S7382]]

(i) the authorities of the States regarding concurrence
with the Secretarial determination in accordance with State
law; or
(ii) the authority of a State public utility commission
regarding funding of facilities removal.
(D) Acceptance of title to facilities.--The Dam Removal
Entity is authorized to accept from PacifiCorp all rights,
titles, permits, and other interests in the facilities and
associated land, for facilities removal and for disposition
of facility land (as provided in section 7.6.4 of the
Hydroelectric Settlement) upon the Dam Removal Entity
providing notice that the Dam Removal Entity is ready to
commence facilities removal in accordance with section 7.4.1
of the Hydroelectric Settlement.
(E) Continued power generation.--
(i) In general.--In accordance with an agreement negotiated
under clause (ii), on transfer of title pursuant to
subparagraph (D) and until the Dam Removal Entity instructs
PacifiCorp to cease the generation of power, PacifiCorp may,
consistent with State law--

(I) continue generating and retaining title to any power
generated by the facilities in accordance with section 7 of
the Hydroelectric Settlement; and
(II) continue to transmit and use the power for the benefit
of the customers of PacifiCorp under the jurisdiction of
applicable State public utility commissions and the
Commission.

(ii) Agreement with dam removal entity.--Before transfer of
title pursuant to subparagraph (D), the Dam Removal Entity
shall enter into an agreement with PacifiCorp that provides
for continued generation of power in accordance with clause
(i).
(b) Jurisdiction.--The United States district courts shall
have original jurisdiction over all claims regarding the
consistency of State and local laws regarding permits and
other authorizations, and of State and local actions pursuant
to those laws, with the Secretarial determination and the
detailed plan (including the schedule) for facilities removal
authorized under this title.
(c) No Private Right of Action.--
(1) In general.--Nothing in this title confers on any
person or entity not a party to the Hydroelectric Settlement
a private right of action or claim for relief to interpret or
enforce this title or the Hydroelectric Settlement.
(2) Other law.--This subsection does not alter or curtail
any right of action or claim for relief under any other
applicable law.

SEC. 204. TRANSFER OF KENO DEVELOPMENT.

(a) In General.--The Secretary shall accept the transfer of
title in the Keno Development to the United States in
accordance with section 7.5 of the Hydroelectric Settlement.
(b) Effect of Transfer.--On the transfer and without
further action by Congress--
(1) the Keno Development shall--
(A) become part of the Klamath Reclamation Project; and
(B) be operated and maintained in accordance with Federal
reclamation law (the Act of June 17, 1902 (32 Stat. 388,
chapter 1093), and Acts supplemental to and amendatory of
that Act (43 U.S.C. 371 et seq.) and this Act; and
(2) Commission jurisdiction over the Keno Development shall
terminate.

SEC. 205. LIABILITY PROTECTION.

(a) PacifiCorp.--Notwithstanding any other Federal, State,
local, or other law (including common law), PacifiCorp shall
not be liable for any harm to persons, property, or the
environment, or damages resulting from either facilities
removal or facility operation, arising from, relating to, or
triggered by actions associated with facilities removal,
including but not limited to any damage caused by the release
of any material or substance, including but not limited to
hazardous substances.
(b) Funding.--Notwithstanding any other Federal, State,
local, or other law, no person or entity contributing funds
for facilities removal pursuant to the Hydroelectric
Settlement shall be held liable, solely by virtue of that
funding, for any harm to persons, property, or the
environment, or damages arising from either facilities
removal or facility operation, arising from, relating to, or
triggered by actions associated with facilities removal,
including any damage caused by the release of any material or
substance, including hazardous substances.
(c) Preemption.--
(1) In general.--Except as provided in paragraph (2),
notwithstanding section 10(c) of the Federal Power Act (16
U.S.C. 803(c)), protection from liability under this section
preempts the laws of any State to the extent the laws are
inconsistent with this title.
(2) Other provisions of law.--This title does not limit any
otherwise available immunity, privilege, or defense under any
other provision of law.
(d) Application.--Liability protection under this section
shall apply to any particular facility beginning on the date
of transfer of title to that facility from PacifiCorp to the
Dam Removal Entity.

SEC. 206. LICENSES.

(a) Annual Licenses.--
(1) In general.--The Commission shall issue annual licenses
authorizing PacifiCorp to continue to operate the facilities
until PacifiCorp transfers title to all of the facilities.
(2) Termination.--The annual licenses shall terminate with
respect to a facility on transfer of title for such facility
from PacifiCorp to the Dam Removal Entity.
(3) Staged removal.--
(A) In general.--On transfer of title of any facility by
PacifiCorp to the Dam Removal Entity, annual license
conditions shall no longer be in effect with respect to such
facility.
(B) Nontransfer of title.--Annual license conditions shall
remain in effect with respect to any facility for which
PacifiCorp has not transferred title to the Dam Removal
Entity to the extent compliance with the annual license
conditions are not prevented by the removal of any other
facility.
(b) Jurisdiction.--The jurisdiction of the Commission under
part I of the Federal Power Act (16 U.S.C. 791a et seq.)
shall terminate with respect to a facility on the transfer of
title for the facility from PacifiCorp to the Dam Removal
Entity.
(c) Relicensing.--
(1) In general.--The Commission shall--
(A) stay the proceeding of the Commission on the pending
license application of PacifiCorp for Project No. 2082 as
long as the Hydroelectric Settlement remains in effect; and
(B) resume the proceeding and proceed to take final action
on the new license application only if the Hydroelectric
Settlement terminates pursuant to section 8.11 of the
Hydroelectric Settlement.
(2) Termination.--
(A) In general.--Subject to subparagraph (B), if the
Hydroelectric Settlement is terminated, the Secretarial
determination under section 202(a) and findings of fact
contained in the Secretarial determination shall not be
admissible or otherwise relied on in the proceedings of the
Commission on the new license application.
(B) Limitations.--If the Hydroelectric Settlement is
terminated, the Commission, in proceedings on the new license
application, shall not be bound by the record, findings, or
determination of the Secretary under this section.
(d) East Side and West Side Developments.--On filing by
PacifiCorp of an application for surrender of the East Side
and West Side Developments in Project No. 2082, the
Commission shall issue an order approving partial surrender
of the license for Project No. 2082, including any reasonable
and appropriate conditions, as provided in section 6.4.1 of
the Hydroelectric Settlement.
(e) Fall Creek.--Notwithstanding subsection (b), not later
than 60 days after the date of the transfer of the Iron Gate
Facility to the Dam Removal Entity, the Commission shall
resume timely consideration of the pending licensing
application for the Fall Creek development pursuant to the
Federal Power Act (16 U.S.C. 791a et seq.), regardless of
whether PacifiCorp retains ownership of Fall Creek or
transfers ownership to a new licensee.
(f) Iron Gate Hatchery.--Notwithstanding section 8 of the
Federal Power Act (16 U.S.C. 801), the PacifiCorp Hatchery
Facilities within the State of California shall be
transferred to the State of California at the time of
transfer to the dam removal entity of the Iron Gate Hydro
Development or such other time agreed by the Parties to the
Hydroelectric Settlement.
(g) Transfers of Facilities.--Notwithstanding section 8 of
the Federal Power Act (16 U.S.C. 801), the transfer of
PacifiCorp facilities to a non-Federal dam removal entity
consistent with the Hydroelectric Settlement and this title
is authorized.

SEC. 207. MISCELLANEOUS.

(a) Water Rights.--Except as specifically provided in this
title and the Hydroelectric Settlement, nothing in this title
or the Hydroelectric Settlement shall create or determine
water rights or affect water rights or water right claims in
existence on the date of enactment of this Act..
(b) Tribal Rights.--Nothing in this title affect the rights
of any Indian tribe secured by treaty, Executive order, or
other law of the United States.
(c) Relationship to Other Federal Laws.--Nothing in this
title amends, supersedes, modifies or otherwise affects--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); or
(3) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.), except to the extent section 203 of this Act
requires a permit under section 404 of that Act (33 U.S.C.
1344) notwithstanding section 404(r) of that Act (33 U.S.C.
1344(r)).
______

By Mr. BURR (for himself, Mr. Harkin, Mr. Enzi, Mr. Casey, Ms.
Mikulski, Mr. Alexander, Mr. Lieberman, Ms. Collins, Mrs.
Hagan, and Mr. Roberts):
S. 1855. A bill to amend the Public Health Service Act to reauthorize
various programs under the Pandemic and All-Hazards Preparedness Act;
to the Committee on Health, Education, Labor, and Pensions.
Mr. BURR. Mr. President, I rise today to highlight the introduction
of important bipartisan legislation to reauthorize the Pandemic and
All-Hazards Preparedness Act of 2006 and the BioShield Special Reserve
Fund. I am pleased to be joined by my colleagues, Senators Harkin,
Enzi, and Casey. I thank them for their efforts and leadership on this
important legislation. It

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is clear that my colleagues share my dedication to strengthening and
enhancing our Nation's ability to be prepared for and respond to all
hazards that may confront us.
As we introduce legislation to strengthen and improve our Nation's
medical and public health preparedness and response programs, it is
appropriate to reflect on the progress we have made to date, the
seriousness of the threats facing our Nation, and the work that remains
to be done if we are going to be prepared to respond to the full range
of threats, whether naturally occurring, like an influenza pandemic, or
a deliberate bioterrorism attack.
During the 109th Congress, I chaired the Subcommittee on Bioterrorism
and Public Health Preparedness. Building on the lessons learned from
Hurricane Katrina and September 11, Congress took a hard look at how we
could better prepare and respond to public health and medical
emergencies. The Subcommittee held multiple public hearings,
roundtables, and meetings, and Congress received significant input from
public health officials, medical experts, emergency managers,
biotechnology companies, and stakeholders from across our nation. These
actions culminated with the passage of the Pandemic and All-Hazards
Preparedness Act of 2006.
Through the Pandemic and All-Hazards Preparedness Act, Congress
empowered the Department of Health and Human Services with the tools it
needs to protect the American people more effectively and efficiently
in response to a public health emergency. This law established the
Office of the Assistant Secretary for Preparedness and Response, or
ASPR, to unify the Department's preparedness and response programs and
mission and answer the critical question of ``who is in charge?'' when
it comes to medical and public health preparedness and response. Since
its inception, ASPR has carried out significant preparedness and
response planning and coordinated response efforts with federal, State,
and local public health partners.
The Pandemic and All-Hazards Preparedness Act of 2006 also
established the Biomedical Advanced Research and Development Authority,
or BARDA, to speed up the development of countermeasures--such as
vaccines or treatments--to protect Americans against a potential
chemical, biological, radiological, or nuclear terrorist attack, or
other public health emergency, such as a pandemic influenza. PAHPA also
gave BARDA the ability to make mile-stone based payments through the
BioShield Special Reserve Fund--a $5.6 billion medical countermeasure
procurement fund established by Congress in 2004 to provide assurances
of the federal government's commitment to purchasing medical
countermeasures if companies embarked on years long development of
these life-saving products. Even without full funding, BARDA has been
able to identify promising countermeasures and support the critical
advanced research and development necessary for making these products
available to the American people. Thanks to BARDA and the investment we
have made over the last few years, our nation was much better
positioned to quickly respond to the H1N1 pandemic influenza two years
ago.

I am very proud to have authored this important bipartisan law five
years ago and I am proud to have again joined with Senators Harkin,
Enzi, and Casey in a bipartisan manner to tackle the serious challenges
that remain in ensuring our nation is prepared to respond to all-
hazards. In recent weeks, Congress has been reminded of the urgency of
our work in this area. Last month, the WMD Center published a
comprehensive Bio-response Report Card evaluating our nation's
preparedness against potential bioterror attacks. This report noted
that while we have made progress, the U.S. Government received ``Ds''
and ``Fs'' in certain areas associated with responding to large-scale
biological attacks that terrorists like Al- Qaida or others may seek to
perpetuate against us. This report and recent analysis by the
Government Accountability Office calling for improvements to our
nation's medical countermeasure programs are a serious wake-up call
that cannot go unaddressed. The American people expect the President
and Congress to do all we can to prevent an attack, and in the event of
an attack, be prepared to respond in order to save lives. When it comes
to protecting the American people, failing grades are unacceptable.
Our work on this important legislation has been guided by sound
principles. First and foremost any improvements to existing programs
and authorities must be targeted and strategic and based on the lessons
we have learned over the past five years, including the H1H1 pandemic
and disasters at home and abroad. We must ensure the continuity of
critical medical and public health preparedness authorities and
programs, including the BioShield Special Reserve Fund. Given the
significant fiscal challenges facing our nation, we must also ensure
that we are maximizing the taxpayer resources supporting this critical
preparedness mission, as well as ensuring appropriate transparency and
accountability for these resources and programs. Finally, we must
ensure a robust medical countermeasure enterprise, from the research
bench to the points where patients receive care, including by ensuring
that the U.S. Food and Drug Administration's regulatory tools and
pathways reflect modern-day threats.
The Pandemic and All-Hazards Preparedness Act Reauthorization of 2011
would strengthen and enhance our nation's medical and public health
preparedness and response programs and go a long way in addressing many
of the short-comings and concerns raised by GAO and the WMD Center, as
well as other stakeholders. Our legislation provides the ASPR with
enhanced policy oversight and coordination of medical and public health
preparedness and response programs to further unify our response in the
event of a public health emergency. Our legislation also ensures an
appropriate emphasis on chemical, radiological, biological, and nuclear
threats as part of an all-hazards approach to our National Health
Security Strategy. Our legislation ensures that an emphasis on
strategic initiatives to advance medical countermeasures and community
resiliency are incorporated into the National Preparedness Goals, as
well as the importance of considering the unique needs and
considerations for individuals at-risk in the event of a public health
emergency.
Our legislation would reauthorize the National Disaster Medical
System, the volunteer Medical Reserve Corps, the Emergency System for
Advance Registration of Volunteer Health Professionals, the Public
Health Emergency Preparedness and Hospital Preparedness Cooperative
Agreement Programs, and the Strategic National Stockpile. Targeted
flexibility under our bill will help our State and local partners
optimize community resiliency at the local level. By reauthorizing the
BioShield Special Reserve Fund, our bill sends the clear signal that
the U.S. Government remains committed to purchasing medical
countermeasures.
The critical role that FDA plays in our medical countermeasure
enterprise has become clear over the past five years and our
legislation strengthens this enterprise by making targeted improvements
to FDA's role in this important endeavor. For example, our bill allows
the Secretary to make medical countermeasures under review by the FDA
available in limited circumstances based on either a declared emergency
or an identified threat, and requires the material threat posed by the
agent of agents for which a product under review is intended is
considered when reviewing medical countermeasures for approval,
clearance, or licensure. We will stretch taxpayer dollars even further
by allowing FDA to extend the shelf life of products stockpiled in the
Strategic National Stockpile. Our legislation also charges FDA with
promoting medical countermeasure expertise and developing regulatory
science tools to advance the review, approval, clearance, and licensure
of these products. By enhancing the scientific exchange between FDA and
medical countermeasure stakeholders, FDA will not only be identifying
problems, but an active partner in solving them to ensure our nation
has the medical countermeasures necessary to protect the American
people. Medical and public health preparedness and response programs,
including the availability of medical countermeasures, are a matter of
national security and our bill will ensure the appropriate, senior-
level national security focus on these issues.

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In addition to reauthorizing PAHPA, I am pleased to also introduce
the Medical Surge Capacity Act, critical legislation that I hope we can
include in the final version of PAHPA reauthorization. I thank Senators
Harkin, Enzi, and Casey for working with me on this important
bipartisan legislation that makes strategic improvements to current law
to enable the Secretary of Health and Human Services to target and
issue waivers under Section 1135 of the Social Security Act in as
timely a manner as possible based on the circumstances of an emergency.
This legislation authorizes HHS to implement waivers as soon as either
a public health or national emergency is declared, and enables the
Secretary to institute 1135 waivers in ``host areas'' outside of a
declared disaster area, but into which patients are being evacuated to
receive care.
I look forward to continuing to work with my colleagues in Congress
and the administration to do the important work of reauthorizing PAHPA
and BioShield in order to ensure our nation is as prepared as possible
in the event of the unthinkable, whether natural, or man-made.
Mr. HARKIN. Mr. President, today it gives me great pleasure to
introduce the Pandemic and All-Hazards Preparedness Act Reauthorization
of 2011--also known as the PAHPA Reauthorization of 2011--with a
bipartisan group of Senators that includes Senators Burr, Casey, Enzi,
Mikulski, Alexander, Hagan, Collins, Lieberman, and Roberts. This
reauthorization builds on a record of bipartisan cooperation to
strengthen our ability to respond to and prepare for medical and public
health emergencies over the past decade.
Based on lessons learned since the original PAHPA legislation was
signed into law in 2006, this reauthorization continues to support the
progress made by the Federal Government and its State and local
partners to protect its citizens during public health and medical
emergencies. It also proposes a number of targeted changes that will
improve our ability to address a variety of threats to the public
health of our Nation.
Such threats are diverse in origin and include exposure to chemical,
biological, radiological, or nuclear agents. Sometimes these threats
occur naturally--the 2009 H1N1 pandemic influenza, for example--or they
can be the result of malicious intent--such as the deliberate release
of anthrax in 2001. A recent and very challenging example is the
radiation leak that occurred at the nuclear plant damaged by Japan's
massive earthquake.
It is not just known threats that place the health and well-being of
Americans at risk; there are just as many emerging or unknown threats
against which protection is critical. Because the impact of these
threats could be catastrophic, it is imperative that we continue to
strengthen our Nation's ability to adequately prepare for a public
health emergency.
Building our Nation's response capacity requires close collaboration
among Federal, State and local governments; hospitals and health care
providers; businesses; schools; indeed, all Americans. I have long
taken the Federal Government's role in being prepared for a public
health emergency public health preparedness as it is calledvery
seriously.
We have made tremendous progress in preparedness during the last
decade, but this reauthorization provides additional flexibility to
State and local governments to more efficiently use Federal resources
in preparing for public health emergencies. For example, this bill
reauthorizes the Public Health Emergency Preparedness Cooperative Grant
Program, which provides critical resources to State and local public
health agencies, and streamlines requirements making it easier for them
to meet program requirements and target resources.
Our ability to be prepared for a public health emergency also depends
on the advanced development and procurement of medical countermeasures.
These are the vaccines, therapies, and diagnostics needed to prevent or
respond to a bioterrorism event or other public health emergency. In an
effort to ensure that we have the appropriate medical countermeasures,
we need to continue to support innovative research into promising new
products and ensure that products are readily available during a time
of emergency. We also need to address the scientific challenges of
identifying safe and effective medical countermeasures when human
trials are not available or ethical.
This bill addresses a number of these concerns and provides greater
certainty for biotech companies that operate in this space and
continues to build on partnerships between the private sector and the
Federal Government to ensure that we have the appropriate medical
countermeasures to prepare for or respond to a public health emergency.
Underlying all of our preparedness activities is the issue of how we
ensure that our most vulnerable citizens will be protected should
disaster strike. We know that many populations--including individuals
with disabilities, seniors, and children--may have unique needs that we
have the responsibility to address during a public health emergency. In
the past, when faced with catastrophic events, we have too often seen
such needs go unmet. Now we must use lessons learned to ensure more
efficient, effective, and equitable responses in the future.
Something that I am especially proud of is that the PAHPA
Reauthorization of 2011 requires that these individuals are an
integrated part of our preparedness efforts. This means that we
continue to address the unique needs of at-risk populations--such
providing information in a way that it is understandable to all
Americans, including those with cognitive limitations--and plan for
these unique needs when it comes to drafting preparedness plans and
conducting preparedness drills and exercises. This bill truly focuses
on addressing the need of our most vulnerable citizens by considering
them as critical part of our overall preparedness planning--not as an
afterthought.
This bill represents a true bipartisan effort and had the support of
a number of important stakeholders. For example, we have already
received the endorsements of the Alliance for Biosecurity, American
Academy of Pediatrics, and the American Dental Association. In the
coming days and weeks, we expect many more endorsements. Because the
bill is so critical to our ability to prepare for and respond to public
health and medical emergencies, I urge my colleagues to support this
bill.
______

By Mr. AKAKA:
S. 1859. A bill to provide that section 3330a, 3330b, and 3330c of
title 5, United States Code, relating to administrative and judicial
redress and remedies for preference eligibles, shall apply with respect
to the Federal Aviation Administration and the Transportation Security
Administration; to the Committee on Veterans' Affairs.
Mr. AKAKA. Mr. President, I rise today to introduce legislation that
will provide certain of our Nation's veterans with the ability to
enforce their statutorily protected veterans' preference rights in the
Federal Government.
The Veterans' Preference Act, which became law in 1944, was intended
to provide a preference in hiring in the Executive Branch to returning
servicemembers who acquired valuable skills during their service in the
Second World War. Before signing this legislation into law, President
Franklin D. Roosevelt referred to the great responsibility our Nation
owes its veterans:

I believe that the Federal Government, functioning in its
capacity as an employer, should take the lead in assuring
those who are in the armed forces, that when they return,
special consideration will be given to them in their efforts
to obtain employment. It is absolutely impossible to take
millions of our young men out of their normal pursuits for
the purpose of fighting to preserve the Nation, and then
expect them to resume their normal activities without having
any special consideration shown them.

By 1998, it had become clear that providing veterans with a
preference in hiring was an effective way to attract and retain
qualified veterans in government service. However, it was apparent that
veterans needed a mechanism to enforce their veterans' preference
rights where an agency was not applying the law as Congress intended.
Recognizing this need, Congress enacted the Veterans Employment
Opportunities Act, which created a mechanism

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for preference eligible veterans to appeal violations of their
veterans' preference rights to the Department of Labor, the Merit
Systems Protection Board, and Federal court. The Veterans Employment
Opportunities Act also extended veterans' preference rights to
reductions in force in the Federal Government.
It has come to my attention that, unfortunately, not all of our
veterans have the ability to enforce their rights under the Veterans
Employment Opportunities Act. Last year, in a case called Morse v.
Merit Systems Protection Board, the United States Court of Appeals for
the Federal Circuit ruled that preference eligible applicants and
employees at the Federal Aviation Administration and the Transportation
Security Administration are not covered by the Veterans Employment
Opportunities Act, and thus do not have the same appeal rights as most
other applicants and employees in the Federal Government. The court's
ruling is puzzling because applicants and employees at both of these
Federal agencies have veterans' preference rights under current Federal
law, but it may reflect a drafting error in the Veterans Employment
Opportunities Act. At a time when thousands of our servicemembers are
returning home and seeking employment in the Federal Government, we
must correct this unacceptable result.
Recently, our country observed the 10th anniversary of the tragic
attacks of September 11, 2001. Since that horrific day, more than 5
million Americans have served in our military, with more than 2 million
Americans serving in warzones. As these servicemembers return home, we
must be mindful of our sacred commitment to assist those who serve our
country and later seek employment in the Federal Government.
Specifically, we must ensure that all of our federal agencies are
honoring the sacrifice made by servicemembers and their families by
complying with veterans' preference laws.
Accordingly, I am introducing legislation to correct the problem
recently brought to light by the Morse decision by providing
preference-eligible applicants and employees at the Federal Aviation
Administration and the Transportation Security Administration with
rights under the Veterans Employment Opportunities Act. I look forward
to working with my colleagues to pass this important legislation, and
more fully honoring the commitment of our Nation's veterans.
I urge my colleagues to support this important legislation.
Mr. Pesident, 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. 1859

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

SECTION 1. ADMINISTRATIVE AND JUDICIAL REDRESS AND REMEDIES
FOR PREFERENCE ELIGIBLES.

Section 3330a of title 5, United States Code, is amended by
adding at the end the following:
``(f) For purposes of this section and sections 3330b and
3330c, the Federal Aviation Administration and the
Transportation Security Administration are agencies. This
section and sections 3330b and 3330c shall apply to any
individual who is a preference eligible with respect to the
Federal Aviation Administration and the Transportation
Security Administration.''.

____________________