[Congressional Record (Bound Edition), Volume 157 (2011), Part 12]
[Senate]
[Pages 17063-17080]
[From the U.S. 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

[[Page 17064]]

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 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.''.

[[Page 17065]]


                                 ______
                                 
      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 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

[[Page 17066]]

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
       ``(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

[[Page 17067]]

     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.

     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.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.
                                 ______
                                 
      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

[[Page 17068]]

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 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.

[[Page 17069]]

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:
       ``(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

[[Page 17070]]

     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 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--

[[Page 17071]]

       (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
       (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

[[Page 17072]]

       (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 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

[[Page 17073]]

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;
       (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,

[[Page 17074]]

     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 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--

[[Page 17075]]

       (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.--
       (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;

[[Page 17076]]

       (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--
       (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--

[[Page 17077]]

       (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 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

[[Page 17078]]

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.
  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.

[[Page 17079]]


  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 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

[[Page 17080]]

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.''.

                          ____________________