[Congressional Record (Bound Edition), Volume 157 (2011), Part 2]
[Senate]
[Pages 2297-2338]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. KERRY (for himself, Ms. Snowe, and Ms. Collins):
  S. 374. A bill to amend title XVIII of the Social Security Act to 
eliminate the 190-day lifetime limit on inpatient psychiatric hospital 
services under the Medicare program; to the Committee on Finance.
  Mr. KERRY. Mr. President, our country has recently taken great steps 
forward to support the principles of mental health parity. In 2008, 
Congress has enacted two important pieces of legislation to end 
discrimination against people suffering from mental illnesses.
  Congress passed the Paul Wellstone and Pete Domenici Mental Health 
Parity and Addiction Equity Act of 2008, MHPAEA, to prohibit the 
establishment of discriminatory benefit caps or cost-sharing 
requirements for mental health and substance use disorders. That same 
year Congress also passed the Medicare Improvements for Patients and 
Protections Act, MIPPA, which included legislation introduced by 
Senator Snowe and myself, the Medicare Mental Health Copayment Equity 
Act. This legislation prevented Medicare beneficiaries from being 
charged higher copayments for outpatient mental health services than 
for all other outpatient physician services.
  Unfortunately, even with the passage of MIPPA, a serious mental 
health inequity remains in Medicare. Medicare beneficiaries are 
currently limited to only 190 days of inpatient psychiatric hospital 
care in their lifetime. This lifetime limit directly impacts Medicare 
beneficiaries' access to psychiatric hospitals, although it does not 
apply to psychiatric units in general hospitals. This arbitrary cap on 
benefits is discriminatory to the mentally ill as there is no such 
lifetime limit for any other Medicare specialty inpatient hospital 
service. The 190-day lifetime limit is problematic for patients being 
treated in psychiatric hospitals as they may easily exceed the 190 days 
if they have a chronic mental illness.
  That is why Senator Snowe and I are working together once again to 
address the last remaining mental health parity issue in Medicare. 
Today, we are introducing the Medicare Mental Health Inpatient Equity 
Act. Our legislation would eliminate the Medicare 190-day lifetime 
limit for inpatient psychiatric hospital care. It would equalize 
Medicare mental health coverage with private health insurance coverage, 
expand beneficiary choice of inpatient psychiatric care providers, 
increase access for the seriously ill, and improve continuity of care.
  This legislation is supported by eighty national organizations that 
represent hospital associations, seniors' organizations, disability 
organizations, and the mental health community. I would like to thank a 
number of organizations who have been integral to the development of 
the Medicare Mental Health Inpatient Equity Act and who have endorsed 
our legislation today, including the AARP, the American Hospital 
Association, the National Association of Psychiatric Health Systems, 
and the American Psychological Association.
  Congress has now acted to address mental health parity issues for 
group health plans and for outpatient Medicare services. It's time to 
end this outmoded law and ensure that beneficiaries with mental 
illnesses have access to a range of appropriate settings for their 
care. I look forward to working with my colleagues in the Senate to 
achieve mental health parity in Medicare.
                                 ______
                                 
      By Mr. CARDIN (for himself and Ms. Mikulski):
  S. 377. A bill to authorize the Secretary of the Interior to conduct 
a special resource study of President Station in Baltimore, Maryland, 
and for other purposes; to the Committee on Energy and Natural 
Resources.
  Mr. CARDIN. Mr. President, today I am proud to introduce the 
President Street Station Study Act. President Street Station, located 
in my hometown of Baltimore, played a crucial role in the Civil War, 
the Underground Railroad, the growth of Baltimore's railroad industry, 
and is a historically significant landmark to the Lincoln presidency.
  The station was constructed for the Philadelphia, Wilmington, and 
Baltimore, PW&B, Railroad in 1849 and remains the oldest surviving big 
city railroad terminal in the United States. This historical structure 
is a unique architectural gem, arguably the first example and last 
survivor of the early barrel-vault train shed arches, also known as the 
Howe Truss. The arch-rib design became the blueprint for railroad 
bridges and roofs well into the 20th century and was replicated for 
every similarly designed train shed and roof for the next 20 years.
  The growth of President Street Station and the PW&B railroad mirror 
the expansion of the railroad industry throughout the country in the 
latter half of the 19th century. This station played an essential role 
in making Baltimore the first railroad and sea-rail link in the nation 
and helped the city become the international port hub it remains to 
this day.
  In its heyday, President Street Station was the key link connecting 
Washington DC and with the northeast states. Hundreds of passengers 
traveling north passed through this station and, by the start of the 
Civil War, Baltimore had become our nation's major southern railroad 
hub. Not surprisingly, the station played a critical role in both the 
Civil War and the Underground Railroad.

[[Page 2298]]

  Perhaps its most famous passenger was Abraham Lincoln, who traveled 
through the station at least four times, including secretly on his way 
to his first inauguration. In 1861, President-elect Lincoln was warned 
by a PW&B private detective of a possible assassination plot in 
Baltimore as he transferred trains. While it is unclear if this plot 
existed and posed a serious threat, Lincoln nevertheless was secretly 
smuggled aboard a train in the dead of night to complete his trip to 
Washington.
  Just a few months later, President Street Station served as a 
backdrop for what many historians claim was the first bloodshed of the 
Civil War. The Baltimore Riot of 1861 occurred when Lincoln called for 
Union volunteers to quell the rebellion at Fort Sumter in Charleston. 
On April 19, Massachusetts and Pennsylvania volunteers were met and 
attacked by a mob of secessionist and Confederate sympathizers. The 
bloody confrontation left four dead and thirty-six wounded. As the war 
continued, the Station remained a critical link for the Union. Troops 
and supplies from the north were regularly shuttled through the station 
to support Union soldiers.
  It is well known that Maryland was a common starting point along the 
Underground Railroad and that many escaped slaves from Maryland's 
Eastern Shore plantations were destined for Baltimore and the President 
Street Station to travel North to freedom. A few weeks ago, I 
introduced a bill, The Harriet Tubman National Historical Parks Act, S. 
247, to honor Maryland's own Harriet Tubman, the Underground Railroad's 
most famous ``conductor.'' While she personally led dozens of people to 
freedom, her courage and fortitude also inspired others to find their 
own strength to seek freedom. President Street Station was indeed a 
station on this secret network. Prior to emancipation in 1863, several 
renowned escapees, including Frederick Douglass, William and Ellen 
Craft, and Henry Box Brown, traveled through the station, risking their 
lives for a better and freer life.
  Others' journeys for a better life also passed through President 
Street Station. From its beginning and into the 20th century, Baltimore 
was both a destination and departure point for immigrants. New arrivals 
from Ireland, Russia, and Europe arriving on the eastern seaboard 
traveled by way of the PW&B railroads to the west.
  For decades, President Street Station has long been recognized as 
having an important place in history: In 1992, it was listed on the 
National Register of Historic places and the city of Baltimore has 
dedicated it a local historical landmark. For many years it served as 
the Baltimore Civil War Museum, educating generations of people about 
the role Maryland and Baltimore played in the Civil War and the early 
history of the city. In recent years, the museum, run by dedicated 
volunteers from the Maryland Historical Society and Friends of 
President Street Station, have struggled to keep the station's doors 
open and keeping the station's character true to its historical roots. 
The area around President Street Station has changed dramatically over 
the decades, but the Station has worked to preserve its history. It has 
been many years since trains passed through the President Street 
Station and it is clear that the best use for this building today is to 
preserve the building and use it tell Station's American story.
  President Street Station is one of America's historical treasures. As 
we celebrate President's Day this weekend, we honor some of our 
country's greatest leaders and remember our own rich and innovative 
history. This bill authorizes the Secretary of the Interior to conduct 
a special resource study of President Street Station to evaluate the 
suitability and feasibility of establishing the Station as a unit of 
the National Park Service. President Street Station, a contributor to 
the growth of the railroad, and a vital player in the Underground 
Railroad, Lincoln's Presidency and Civil War, is part of this history. 
I urge my colleagues to join me in giving this station the recognition 
it deserves and support this bill.
  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. 377

       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 ``President Street Station 
     Study Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Study area.--The term ``study area'' means the 
     President Street Station, a railroad terminal in Baltimore, 
     Maryland, the history of which is tied to the growth of the 
     railroad industry in the 19th century, the Civil War, the 
     Underground Railroad, and the immigrant influx of the early 
     20th century.

     SEC. 3. SPECIAL RESOURCE STUDY.

       (a) Study.--The Secretary shall conduct a special resource 
     study of the study area.
       (b) Contents.--In conducting the study under subsection 
     (a), the Secretary shall--
       (1) evaluate the national significance of the study area;
       (2) determine the suitability and feasibility of 
     designating the study area as a unit of the National Park 
     System;
       (3) consider other alternatives for preservation, 
     protection, and interpretation of the study area by the 
     Federal Government, State or local government entities, or 
     private and nonprofit organizations;
       (4) consult with interested Federal agencies, State or 
     local governmental entities, private and nonprofit 
     organizations, or any other interested individuals;
       (5) identify cost estimates for any Federal acquisition, 
     development, interpretation, operation, and maintenance 
     associated with the alternatives; and
       (6) identify any authorities that would compel or permit 
     the Secretary to influence local land use decisions under the 
     alternatives.
       (c) Applicable Law.--The study required under subsection 
     (a) shall be conducted in accordance with section 8 of Public 
     Law 91-383 (16 U.S.C. 1a-5).
       (d) Report.--Not later than 3 years after the date on which 
     funds are first made available for the study under subsection 
     (a), the Secretary shall submit to the Committee on Natural 
     Resources of the House of Representatives and the Committee 
     on Energy and Natural Resources of the Senate a report that 
     describes--
       (1) the results of the study; and
       (2) any conclusions and recommendations of the Secretary.
                                 ______
                                 
      By Mr. ROCKEFELLER:
  S. 378. A bill to amend the Internal Revenue Code of 1986 to provide 
a tax incentive to individuals teaching in elementary and secondary 
schools located in rural or high unemployment areas and to individuals 
who achieve certification from the National Board for Professional 
Teaching standards; to the Committee on Finance.
  Mr. ROCKEFELLER. Mr. President, today I am introducing the Incentives 
to Educate American Children Act of 2011--I TEACH. This bill provides 
important tax incentives to promote the quality of all public school 
teachers by encouraging them to achieve certification from the National 
Board for Professional Teaching Standards. It provides further 
incentives to teachers in rural and high-poverty schools.
  We all know that teachers are the front line for the education of our 
nation's children. Still, teachers continue to earn less than other 
college graduates. A recent study found that teachers only earn 77 
percent as much as other college graduates. It is even worse for 
teachers in rural schools. Rural schools struggle with many unique 
challenges, and one of them is how to pay competitive salaries when 
transportation costs are necessarily higher than for urban schools. The 
Department of Education has reported that rural school districts have 
the lowest base salaries for starting teachers. This bill helps combat 
this inequity by providing a tax incentive to public school teachers in 
rural and high-poverty schools.
  All schools today are struggling with the recruitment and retention 
of qualified teachers. Due to retirements and decreasing retention of 
beginning teachers, the experience level of our teachers is decreasing. 
In the 1987-1988 academic year, the most common number of years of 
experience for our teachers was 15 years. The most recent data from the 
2007-2008 shows the most common years of experience is now just

[[Page 2299]]

1 year. The distribution of teaching experience in the data shows the 
strong need for incentives to encourage teachers to stay in the 
profession. We know that more experienced teachers help our students 
learn.
  States are responsible for certifying teachers in their own states, 
but teachers have had the additional opportunity since 1987 to earn a 
certification from the National Board for Professional Teaching 
Standards. This independent, nonprofit, and nonpartisan organization 
provides teachers with a national board certification similar to those 
in other professions. Since 1987, more than 91,000 teachers have 
completed the rigorous process of National Board Certification. The 
National Research Council of the National Academies recently affirmed 
that students taught by National Board certified teachers make higher 
gains on achievement tests than students taught by teachers who have 
not applied or have not achieved this certification. This bill provides 
an incentive to public school teachers to achieve this certification 
and stay in the classroom.
  The I TEACH Act of 2011 provides important incentives for teachers to 
serve in rural and high-poverty schools as well as for all public 
school teachers to demonstrate the accomplishment of National Board 
Certification. I urge my colleagues to support this bill.
                                 ______
                                 
      By Mr. WEBB (for himself and Mr. Warner):
  S. 379. A bill to extend Federal recognition to the Chickahominy 
Indian Tribe, the Chickahominy Indian Tribe-Eastern Division, the Upper 
Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan Indian 
Nation, and the Nansemond Indian Tribe; to the Committee on Indian 
Affairs.
  Mr. WEBB. Mr. President, I rise to reintroduce the Indian Tribes of 
Virginia Federal Recognition Act of 2011. This legislation passed the 
Senate Committee on Indian Affairs and the U.S. House of 
Representatives in 2009. It would grant Federal recognition to 6 Native 
American tribes from the Commonwealth of Virginia. I am pleased to be 
joined by Senator Mark Warner and in the U.S. House of Representatives 
Congressman Moran, Congressman Scott and Congressman Connolly, all of 
whom have been strong advocates for Virginia's Native American Tribes 
in past Congresses.
  The 6 Virginia tribes covered under this bill began seeking Federal 
recognition more than 15 years ago. They are the Chickahominy, 
Chickahominy Indian Tribe Eastern Division, the Upper Mattaponi, the 
Rappahannock, the Monacan, and the Nansemond Indian Tribe.
  The 6 Virginia Tribes covered in this legislation are the direct 
descendants of the tribes that helped ensure the survival of the first 
permanent English colony in the New World.
  These 6 tribes have received State recognition as early as 1983, and 
have received strong bipartisan support from the Virginia General 
Assembly for Federal recognition. It is appropriate for them to finally 
receive the Federal recognition that has been denied for far too long.
  I understand the reluctance from some in Congress to grant any Native 
American tribe Federal recognition through legislation rather than 
through the Bureau of Indian Affairs administrative process. I have not 
embraced this issue lightly, and agree in principle that Congress 
generally should not have to determine whether or not Native American 
tribes deserve Federal recognition.
  Within the last 2 years the BIA's Office of Federal Acknowledgment 
came out with new guidelines on implementing the criteria to determine 
Federal recognition. While I applaud improvements to the process, new 
guidelines still do not change the impact that racially hostile laws 
formerly in effect in Virginia had on these tribes' ability to meet the 
BIA's seven established recognition criteria.
  Virginia's unique history and its harsh policies of the past have 
created a barrier for Virginia's Native American Tribes to meet the BIA 
criteria, even with the new guidelines. Many Western tribes experienced 
government neglect during the 20th century, but Virginia's story was 
different.
  First, Virginia passed ``race laws'' in 1705, which regulated the 
activity of Virginia Indians. In 1924, Virginia passed the Racial 
Integrity Law, and the Virginia Bureau of Vital Statistics went so far 
as to eliminate an individual's identity as a Native American on many 
birth, death and marriage certificates. The shameful elimination of 
racial identity records had a devastating impact on Virginia's tribes 
when they began seeking Federal recognition.
  Second, Virginia tribes signed a treaty with England, predating the 
practices of most tribes that signed a treaty with the Federal 
Government and therefore were not granted Federal recognition upon 
signing treaties with the Federal Government like tribes in other 
States did.
  For these reasons, recognition of these 6 Virginia tribes is 
justified based on principles of dignity and fairness. As I mentioned, 
I have spent several years examining this issue in great detail, 
including the rich history and culture of Virginia's tribes. My staff 
and I asked a number of tough questions before we first introduced this 
bill in 2009, and great care and deliberation were put into arriving at 
this conclusion. After meeting with leaders of Virginia's Indian tribes 
and months of thorough investigation of the facts, I concluded that 
legislative action is needed for recognition of Virginia's tribes. 
Congressional hearings and reports over the last several Congresses 
demonstrate the ancestry and status of these tribes.
  This bill has advanced in the past several Congresses with the strong 
support and tireless efforts of Congressman Jim Moran. Every living 
Virginia Governor, Republican and Democrat including our current 
Governor, Robert McDonnell supports Federal recognition for these 
tribes. I look forward to working with my colleagues in the Senate, 
especially those on the Indian Affairs Committee, to push for passage 
of this important bill. Congress has exercised its power to recognize 
tribes in the past and I ask you to use this power to grant Federal 
recognition to these 6 Virginia tribes.
  In 2007, we celebrated the 400th Anniversary of Jamestown--America's 
first colony. After 400 years since the founding of Jamestown, these 6 
tribes deserve to join our Nation's other 562 federally-recognized 
tribes.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

                                 S. 379

       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 ``Indian 
     Tribes of Virginia Federal Recognition 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--CHICKAHOMINY INDIAN TRIBE

Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. Federal recognition.
Sec. 104. Membership; governing documents.
Sec. 105. Governing body.
Sec. 106. Reservation of the Tribe.
Sec. 107. Hunting, fishing, trapping, gathering, and water rights.
Sec. 108. Jurisdiction of Commonwealth of Virginia.

         TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION

Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Federal recognition.
Sec. 204. Membership; governing documents.
Sec. 205. Governing body.
Sec. 206. Reservation of the Tribe.
Sec. 207. Hunting, fishing, trapping, gathering, and water rights.
Sec. 208. Jurisdiction of Commonwealth of Virginia.

                    TITLE III--UPPER MATTAPONI TRIBE

Sec. 301. Findings.
Sec. 302. Definitions.
Sec. 303. Federal recognition.
Sec. 304. Membership; governing documents.
Sec. 305. Governing body.
Sec. 306. Reservation of the Tribe.
Sec. 307. Hunting, fishing, trapping, gathering, and water rights.
Sec. 308. Jurisdiction of Commonwealth of Virginia.

                   TITLE IV--RAPPAHANNOCK TRIBE, INC.

Sec. 401. Findings.
Sec. 402. Definitions.
Sec. 403. Federal recognition.
Sec. 404. Membership; governing documents.

[[Page 2300]]

Sec. 405. Governing body.
Sec. 406. Reservation of the Tribe.
Sec. 407. Hunting, fishing, trapping, gathering, and water rights.
Sec. 408. Jurisdiction of Commonwealth of Virginia.

                     TITLE V--MONACAN INDIAN NATION

Sec. 501. Findings.
Sec. 502. Definitions.
Sec. 503. Federal recognition.
Sec. 504. Membership; governing documents.
Sec. 505. Governing body.
Sec. 506. Reservation of the Tribe.
Sec. 507. Hunting, fishing, trapping, gathering, and water rights.
Sec. 508. Jurisdiction of Commonwealth of Virginia.

                    TITLE VI--NANSEMOND INDIAN TRIBE

Sec. 601. Findings.
Sec. 602. Definitions.
Sec. 603. Federal recognition.
Sec. 604. Membership; governing documents.
Sec. 605. Governing body.
Sec. 606. Reservation of the Tribe.
Sec. 607. Hunting, fishing, trapping, gathering, and water rights.
Sec. 608. Jurisdiction of Commonwealth of Virginia.

                   TITLE I--CHICKAHOMINY INDIAN TRIBE

     SEC. 101. FINDINGS.

       Congress finds that--
       (1) in 1607, when the English settlers set shore along the 
     Virginia coastline, the Chickahominy Indian Tribe was 1 of 
     about 30 tribes that received them;
       (2) in 1614, the Chickahominy Indian Tribe entered into a 
     treaty with Sir Thomas Dale, Governor of the Jamestown 
     Colony, under which--
       (A) the Chickahominy Indian Tribe agreed to provide 2 
     bushels of corn per man and send warriors to protect the 
     English; and
       (B) Sir Thomas Dale agreed in return to allow the Tribe to 
     continue to practice its own tribal governance;
       (3) in 1646, a treaty was signed which forced the 
     Chickahominy from their homeland to the area around the York 
     Mattaponi River in present-day King William County, leading 
     to the formation of a reservation;
       (4) in 1677, following Bacon's Rebellion, the Queen of 
     Pamunkey signed the Treaty of Middle Plantation on behalf of 
     the Chickahominy;
       (5) in 1702, the Chickahominy were forced from their 
     reservation, which caused the loss of a land base;
       (6) in 1711, the College of William and Mary in 
     Williamsburg established a grammar school for Indians called 
     Brafferton College;
       (7) a Chickahominy child was 1 of the first Indians to 
     attend Brafferton College;
       (8) in 1750, the Chickahominy Indian Tribe began to migrate 
     from King William County back to the area around the 
     Chickahominy River in New Kent and Charles City Counties;
       (9) in 1793, a Baptist missionary named Bradby took refuge 
     with the Chickahominy and took a Chickahominy woman as his 
     wife;
       (10) in 1831, the names of the ancestors of the modern-day 
     Chickahominy Indian Tribe began to appear in the Charles City 
     County census records;
       (11) in 1901, the Chickahominy Indian Tribe formed Samaria 
     Baptist Church;
       (12) from 1901 to 1935, Chickahominy men were assessed a 
     tribal tax so that their children could receive an education;
       (13) the Tribe used the proceeds from the tax to build the 
     first Samaria Indian School, buy supplies, and pay a 
     teacher's salary;
       (14) in 1919, C. Lee Moore, Auditor of Public Accounts for 
     Virginia, told Chickahominy Chief O.O. Adkins that he had 
     instructed the Commissioner of Revenue for Charles City 
     County to record Chickahominy tribal members on the county 
     tax rolls as Indian, and not as white or colored;
       (15) during the period of 1920 through 1930, various 
     Governors of the Commonwealth of Virginia wrote letters of 
     introduction for Chickahominy Chiefs who had official 
     business with Federal agencies in Washington, DC;
       (16) in 1934, Chickahominy Chief O.O. Adkins wrote to John 
     Collier, Commissioner of Indian Affairs, requesting money to 
     acquire land for the Chickahominy Indian Tribe's use, to 
     build school, medical, and library facilities and to buy 
     tractors, implements, and seed;
       (17) in 1934, John Collier, Commissioner of Indian Affairs, 
     wrote to Chickahominy Chief O.O. Adkins, informing him that 
     Congress had passed the Act of June 18, 1934 (commonly known 
     as the ``Indian Reorganization Act'') (25 U.S.C. 461 et 
     seq.), but had not made the appropriation to fund the Act;
       (18) in 1942, Chickahominy Chief O.O. Adkins wrote to John 
     Collier, Commissioner of Indian Affairs, asking for help in 
     getting the proper racial designation on Selective Service 
     records for Chickahominy soldiers;
       (19) in 1943, John Collier, Commissioner of Indian Affairs, 
     asked Douglas S. Freeman, editor of the Richmond News-Leader 
     newspaper of Richmond, Virginia, to help Virginia Indians 
     obtain proper racial designation on birth records;
       (20) Collier stated that his office could not officially 
     intervene because it had no responsibility for the Virginia 
     Indians, ``as a matter largely of historical accident'', but 
     was ``interested in them as descendants of the original 
     inhabitants of the region'';
       (21) in 1948, the Veterans' Education Committee of the 
     Virginia State Board of Education approved Samaria Indian 
     School to provide training to veterans;
       (22) that school was established and run by the 
     Chickahominy Indian Tribe;
       (23) in 1950, the Chickahominy Indian Tribe purchased and 
     donated to the Charles City County School Board land to be 
     used to build a modern school for students of the 
     Chickahominy and other Virginia Indian tribes;
       (24) the Samaria Indian School included students in grades 
     1 through 8;
       (25) In 1961, Senator Sam Ervin, Chairman of the 
     Subcommittee on Constitutional Rights of the Committee on the 
     Judiciary of the Senate, requested Chickahominy Chief O.O. 
     Adkins to provide assistance in analyzing the status of the 
     constitutional rights of Indians ``in your area'';
       (26) in 1967, the Charles City County school board closed 
     Samaria Indian School and converted the school to a 
     countywide primary school as a step toward full school 
     integration of Indian and non-Indian students;
       (27) in 1972, the Charles City County school board began 
     receiving funds under the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 458aa et seq.) on behalf 
     of Chickahominy students, which funding is provided as of the 
     date of enactment of this Act under title V of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     458aaa et seq.);
       (28) in 1974, the Chickahominy Indian Tribe bought land and 
     built a tribal center using monthly pledges from tribal 
     members to finance the transactions;
       (29) in 1983, the Chickahominy Indian Tribe was granted 
     recognition as an Indian tribe by the Commonwealth of 
     Virginia, along with 5 other Indian tribes; and
       (30) in 1985, Governor Gerald Baliles was the special guest 
     at an intertribal Thanksgiving Day dinner hosted by the 
     Chickahominy Indian Tribe.

     SEC. 102. DEFINITIONS.

       In this title:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Tribal member.--The term ``tribal member'' means--
       (A) an individual who is an enrolled member of the Tribe as 
     of the date of enactment of this Act; and
       (B) an individual who has been placed on the membership 
     rolls of the Tribe in accordance with this title.
       (3) Tribe.--The term ``Tribe'' means the Chickahominy 
     Indian Tribe.

     SEC. 103. FEDERAL RECOGNITION.

       (a) Federal Recognition.--
       (1) In general.--Federal recognition is extended to the 
     Tribe.
       (2) Applicability of laws.--All laws (including 
     regulations) of the United States of general applicability to 
     Indians or nations, Indian tribes, or bands of Indians 
     (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)), 
     that are not inconsistent with this title shall be applicable 
     to the Tribe and tribal members.
       (b) Federal Services and Benefits.--
       (1) In general.--On and after the date of enactment of this 
     Act, the Tribe and tribal members shall be eligible for all 
     services and benefits provided by the Federal Government to 
     federally recognized Indian tribes without regard to--
       (A) the existence of a reservation for the Tribe; or
       (B) the location of the residence of any tribal member on 
     or near any Indian reservation.
       (2) Service area.--For the purpose of the delivery of 
     Federal services to tribal members, the service area of the 
     Tribe shall be considered to be the area comprised of New 
     Kent County, James City County, Charles City County, and 
     Henrico County, Virginia.

     SEC. 104. MEMBERSHIP; GOVERNING DOCUMENTS.

       The membership roll and governing documents of the Tribe 
     shall be the most recent membership roll and governing 
     documents, respectively, submitted by the Tribe to the 
     Secretary before the date of enactment of this Act.

     SEC. 105. GOVERNING BODY.

       The governing body of the Tribe shall be--
       (1) the governing body of the Tribe in place as of the date 
     of enactment of this Act; or
       (2) any subsequent governing body elected in accordance 
     with the election procedures specified in the governing 
     documents of the Tribe.

     SEC. 106. RESERVATION OF THE TRIBE.

       (a) In General.--On request of the Tribe, the Secretary--
       (1) shall take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe that was acquired by the Tribe 
     on or before January 1, 2007; and
       (2) may take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe, if the land is located within 
     the boundaries of New Kent County, James City County, Charles 
     City County, or Henrico County, Virginia.
       (b) Deadline for Determination.--The Secretary shall--
       (1) not later than 3 years after the date of a request of 
     the Tribe under subsection (a), make a final written 
     determination regarding the request; and

[[Page 2301]]

       (2) immediately make that determination available to the 
     Tribe.
       (c) Reservation Status.--On request of the Tribe, any land 
     taken into trust for the benefit of the Tribe pursuant to 
     this section shall be considered to be a part of the 
     reservation of the Tribe.
       (d) Gaming.--The Tribe may not conduct gaming activities--
       (1) as a matter of claimed inherent authority; or
       (2) pursuant to any Federal law, including the Indian 
     Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any 
     regulations promulgated pursuant to that Act by the Secretary 
     or the National Indian Gaming Commission).

     SEC. 107. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER 
                   RIGHTS.

       Nothing in this title expands, reduces, or affects in any 
     manner any hunting, fishing, trapping, gathering, or water 
     rights of the Tribe and members of the Tribe.

     SEC. 108. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

       (a) In General.--The Commonwealth of Virginia shall 
     exercise jurisdiction over any criminal offense committed, 
     and any civil actions arising, on land located within the 
     Commonwealth that is owned by, or held in trust by the United 
     States for, the Tribe.
       (b) Acceptance of Commonwealth Jurisdiction by Secretary.--
     The Secretary may accept on behalf of the United States, 
     after consultation with the Attorney General of the United 
     States, all or any portion of the jurisdiction of the 
     Commonwealth of Virginia described in subsection (a) on 
     verification by the Secretary of a certification by the Tribe 
     that the Tribe possesses the capacity to reassume that 
     jurisdiction.
       (c) Effect of Section.--Nothing in this section affects the 
     application of section 109 of the Indian Child Welfare Act of 
     1978 (25 U.S.C. 1919).

         TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION

     SEC. 201. FINDINGS.

       Congress finds that--
       (1) in 1607, when the English settlers set shore along the 
     Virginia coastline, the Chickahominy Indian Tribe was 1 of 
     about 30 tribes that received them;
       (2) in 1614, the Chickahominy Indian Tribe entered into a 
     treaty with Sir Thomas Dale, Governor of the Jamestown 
     Colony, under which--
       (A) the Chickahominy Indian Tribe agreed to provide 2 
     bushels of corn per man and send warriors to protect the 
     English; and
       (B) Sir Thomas Dale agreed in return to allow the Tribe to 
     continue to practice its own tribal governance;
       (3) in 1646, a treaty was signed which forced the 
     Chickahominy from their homeland to the area around the York 
     River in present-day King William County, leading to the 
     formation of a reservation;
       (4) in 1677, following Bacon's Rebellion, the Queen of 
     Pamunkey signed the Treaty of Middle Plantation on behalf of 
     the Chickahominy;
       (5) in 1702, the Chickahominy were forced from their 
     reservation, which caused the loss of a land base;
       (6) in 1711, the College of William and Mary in 
     Williamsburg established a grammar school for Indians called 
     Brafferton College;
       (7) a Chickahominy child was 1 of the first Indians to 
     attend Brafferton College;
       (8) in 1750, the Chickahominy Indian Tribe began to migrate 
     from King William County back to the area around the 
     Chickahominy River in New Kent and Charles City Counties;
       (9) in 1793, a Baptist missionary named Bradby took refuge 
     with the Chickahominy and took a Chickahominy woman as his 
     wife;
       (10) in 1831, the names of the ancestors of the modern-day 
     Chickahominy Indian Tribe began to appear in the Charles City 
     County census records;
       (11) in 1870, a census revealed an enclave of Indians in 
     New Kent County that is believed to be the beginning of the 
     Chickahominy Indian Tribe--Eastern Division;
       (12) other records were destroyed when the New Kent County 
     courthouse was burned, leaving a State census as the only 
     record covering that period;
       (13) in 1901, the Chickahominy Indian Tribe formed Samaria 
     Baptist Church;
       (14) from 1901 to 1935, Chickahominy men were assessed a 
     tribal tax so that their children could receive an education;
       (15) the Tribe used the proceeds from the tax to build the 
     first Samaria Indian School, buy supplies, and pay a 
     teacher's salary;
       (16) in 1910, a 1-room school covering grades 1 through 8 
     was established in New Kent County for the Chickahominy 
     Indian Tribe--Eastern Division;
       (17) during the period of 1920 through 1921, the 
     Chickahominy Indian Tribe--Eastern Division began forming a 
     tribal government;
       (18) E.P. Bradby, the founder of the Tribe, was elected to 
     be Chief;
       (19) in 1922, Tsena Commocko Baptist Church was organized;
       (20) in 1925, a certificate of incorporation was issued to 
     the Chickahominy Indian Tribe--Eastern Division;
       (21) in 1950, the 1-room Indian school in New Kent County 
     was closed and students were bused to Samaria Indian School 
     in Charles City County;
       (22) in 1967, the Chickahominy Indian Tribe and the 
     Chickahominy Indian Tribe--Eastern Division lost their 
     schools as a result of the required integration of students;
       (23) during the period of 1982 through 1984, Tsena Commocko 
     Baptist Church built a new sanctuary to accommodate church 
     growth;
       (24) in 1983 the Chickahominy Indian Tribe--Eastern 
     Division was granted State recognition along with 5 other 
     Virginia Indian tribes;
       (25) in 1985--
       (A) the Virginia Council on Indians was organized as a 
     State agency; and
       (B) the Chickahominy Indian Tribe--Eastern Division was 
     granted a seat on the Council;
       (26) in 1988, a nonprofit organization known as the 
     ``United Indians of Virginia'' was formed; and
       (27) Chief Marvin ``Strongoak'' Bradby of the Eastern Band 
     of the Chickahominy presently chairs the organization.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Tribal member.--The term ``tribal member'' means--
       (A) an individual who is an enrolled member of the Tribe as 
     of the date of enactment of this Act; and
       (B) an individual who has been placed on the membership 
     rolls of the Tribe in accordance with this title.
       (3) Tribe.--The term ``Tribe'' means the Chickahominy 
     Indian Tribe--Eastern Division.

     SEC. 203. FEDERAL RECOGNITION.

       (a) Federal Recognition.--
       (1) In general.--Federal recognition is extended to the 
     Tribe.
       (2) Applicability of laws.--All laws (including 
     regulations) of the United States of general applicability to 
     Indians or nations, Indian tribes, or bands of Indians 
     (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)), 
     that are not inconsistent with this title shall be applicable 
     to the Tribe and tribal members.
       (b) Federal Services and Benefits.--
       (1) In general.--On and after the date of enactment of this 
     Act, the Tribe and tribal members shall be eligible for all 
     future services and benefits provided by the Federal 
     Government to federally recognized Indian tribes without 
     regard to--
       (A) the existence of a reservation for the Tribe; or
       (B) the location of the residence of any tribal member on 
     or near any Indian reservation.
       (2) Service area.--For the purpose of the delivery of 
     Federal services to tribal members, the service area of the 
     Tribe shall be considered to be the area comprised of New 
     Kent County, James City County, Charles City County, and 
     Henrico County, Virginia.

     SEC. 204. MEMBERSHIP; GOVERNING DOCUMENTS.

       The membership roll and governing documents of the Tribe 
     shall be the most recent membership roll and governing 
     documents, respectively, submitted by the Tribe to the 
     Secretary before the date of enactment of this Act.

     SEC. 205. GOVERNING BODY.

       The governing body of the Tribe shall be--
       (1) the governing body of the Tribe in place as of the date 
     of enactment of this Act; or
       (2) any subsequent governing body elected in accordance 
     with the election procedures specified in the governing 
     documents of the Tribe.

     SEC. 206. RESERVATION OF THE TRIBE.

       (a) In General.--On request of the Tribe, the Secretary--
       (1) shall take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe that was acquired by the Tribe 
     on or before January 1, 2007; and
       (2) may take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe, if the land is located within 
     the boundaries of New Kent County, James City County, Charles 
     City County, or Henrico County, Virginia.
       (b) Deadline for Determination.--The Secretary shall--
       (1) not later than 3 years after the date of a request of 
     the Tribe under subsection (a), make a final written 
     determination regarding the request; and
       (2) immediately make that determination available to the 
     Tribe.
       (c) Reservation Status.--On request of the Tribe, any land 
     taken into trust for the benefit of the Tribe pursuant to 
     this section shall be considered to be a part of the 
     reservation of the Tribe.
       (d) Gaming.--The Tribe may not conduct gaming activities--
       (1) as a matter of claimed inherent authority; or
       (2) pursuant to any Federal law, including the Indian 
     Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any 
     regulations promulgated pursuant to that Act by the Secretary 
     or the National Indian Gaming Commission).

     SEC. 207. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER 
                   RIGHTS.

       Nothing in this title expands, reduces, or affects in any 
     manner any hunting, fishing, trapping, gathering, or water 
     rights of the Tribe and members of the Tribe.

[[Page 2302]]



     SEC. 208. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

       (a) In General.--The Commonwealth of Virginia shall 
     exercise jurisdiction over any criminal offense committed, 
     and any civil actions arising, on land located within the 
     Commonwealth that is owned by, or held in trust by the United 
     States for, the Tribe.
       (b) Acceptance of Commonwealth Jurisdiction by Secretary.--
     The Secretary may accept on behalf of the United States, 
     after consultation with the Attorney General of the United 
     States, all or any portion of the jurisdiction of the 
     Commonwealth of Virginia described in subsection (a) on 
     verification by the Secretary of a certification by the Tribe 
     that the Tribe possesses the capacity to reassume that 
     jurisdiction.
       (c) Effect of Section.--Nothing in this section affects the 
     application of section 109 of the Indian Child Welfare Act of 
     1978 (25 U.S.C. 1919).

                    TITLE III--UPPER MATTAPONI TRIBE

     SEC. 301. FINDINGS.

       Congress finds that--
       (1) during the period of 1607 through 1646, the 
     Chickahominy Indian Tribes--
       (A) lived approximately 20 miles from Jamestown; and
       (B) were significantly involved in English-Indian affairs;
       (2) Mattaponi Indians, who later joined the Chickahominy 
     Indians, lived a greater distance from Jamestown;
       (3) in 1646, the Chickahominy Indians moved to Mattaponi 
     River basin, away from the English;
       (4) in 1661, the Chickahominy Indians sold land at a place 
     known as ``the cliffs'' on the Mattaponi River;
       (5) in 1669, the Chickahominy Indians--
       (A) appeared in the Virginia Colony's census of Indian 
     bowmen; and
       (B) lived in ``New Kent'' County, which included the 
     Mattaponi River basin at that time;
       (6) in 1677, the Chickahominy and Mattaponi Indians were 
     subjects of the Queen of Pamunkey, who was a signatory to the 
     Treaty of 1677 with the King of England;
       (7) in 1683, after a Mattaponi town was attacked by Seneca 
     Indians, the Mattaponi Indians took refuge with the 
     Chickahominy Indians, and the history of the 2 groups was 
     intertwined for many years thereafter;
       (8) in 1695, the Chickahominy and Mattaponi Indians--
       (A) were assigned a reservation by the Virginia Colony; and
       (B) traded land of the reservation for land at the place 
     known as ``the cliffs'' (which, as of the date of enactment 
     of this Act, is the Mattaponi Indian Reservation), which had 
     been owned by the Mattaponi Indians before 1661;
       (9) in 1711, a Chickahominy boy attended the Indian School 
     at the College of William and Mary;
       (10) in 1726, the Virginia Colony discontinued funding of 
     interpreters for the Chickahominy and Mattaponi Indian 
     Tribes;
       (11) James Adams, who served as an interpreter to the 
     Indian tribes known as of the date of enactment of this Act 
     as the ``Upper Mattaponi Indian Tribe'' and ``Chickahominy 
     Indian Tribe'', elected to stay with the Upper Mattaponi 
     Indians;
       (12) today, a majority of the Upper Mattaponi Indians have 
     ``Adams'' as their surname;
       (13) in 1787, Thomas Jefferson, in Notes on the 
     Commonwealth of Virginia, mentioned the Mattaponi Indians on 
     a reservation in King William County and said that 
     Chickahominy Indians were ``blended'' with the Mattaponi 
     Indians and nearby Pamunkey Indians;
       (14) in 1850, the census of the United States revealed a 
     nucleus of approximately 10 families, all ancestral to modern 
     Upper Mattaponi Indians, living in central King William 
     County, Virginia, approximately 10 miles from the 
     reservation;
       (15) during the period of 1853 through 1884, King William 
     County marriage records listed Upper Mattaponis as 
     ``Indians'' in marrying people residing on the reservation;
       (16) during the period of 1884 through the present, county 
     marriage records usually refer to Upper Mattaponis as 
     ``Indians'';
       (17) in 1901, Smithsonian anthropologist James Mooney heard 
     about the Upper Mattaponi Indians but did not visit them;
       (18) in 1928, University of Pennsylvania anthropologist 
     Frank Speck published a book on modern Virginia Indians with 
     a section on the Upper Mattaponis;
       (19) from 1929 until 1930, the leadership of the Upper 
     Mattaponi Indians opposed the use of a ``colored'' 
     designation in the 1930 United States census and won a 
     compromise in which the Indian ancestry of the Upper 
     Mattaponis was recorded but questioned;
       (20) during the period of 1942 through 1945--
       (A) the leadership of the Upper Mattaponi Indians, with the 
     help of Frank Speck and others, fought against the induction 
     of young men of the Tribe into ``colored'' units in the Armed 
     Forces of the United States; and
       (B) a tribal roll for the Upper Mattaponi Indians was 
     compiled;
       (21) from 1945 to 1946, negotiations took place to admit 
     some of the young people of the Upper Mattaponi to high 
     schools for Federal Indians (especially at Cherokee) because 
     no high school coursework was available for Indians in 
     Virginia schools; and
       (22) in 1983, the Upper Mattaponi Indians applied for and 
     won State recognition as an Indian tribe.

     SEC. 302. DEFINITIONS.

       In this title:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Tribal member.--The term ``tribal member'' means--
       (A) an individual who is an enrolled member of the Tribe as 
     of the date of enactment of this Act; and
       (B) an individual who has been placed on the membership 
     rolls of the Tribe in accordance with this title.
       (3) Tribe.--The term ``Tribe'' means the Upper Mattaponi 
     Tribe.

     SEC. 303. FEDERAL RECOGNITION.

       (a) Federal Recognition.--
       (1) In general.--Federal recognition is extended to the 
     Tribe.
       (2) Applicability of laws.--All laws (including 
     regulations) of the United States of general applicability to 
     Indians or nations, Indian tribes, or bands of Indians 
     (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)), 
     that are not inconsistent with this title shall be applicable 
     to the Tribe and tribal members.
       (b) Federal Services and Benefits.--
       (1) In general.--On and after the date of enactment of this 
     Act, the Tribe and tribal members shall be eligible for all 
     services and benefits provided by the Federal Government to 
     federally recognized Indian tribes without regard to--
       (A) the existence of a reservation for the Tribe; or
       (B) the location of the residence of any tribal member on 
     or near any Indian reservation.
       (2) Service area.--For the purpose of the delivery of 
     Federal services to tribal members, the service area of the 
     Tribe shall be considered to be the area within 25 miles of 
     the Sharon Indian School at 13383 King William Road, King 
     William County, Virginia.

     SEC. 304. MEMBERSHIP; GOVERNING DOCUMENTS.

       The membership roll and governing documents of the Tribe 
     shall be the most recent membership roll and governing 
     documents, respectively, submitted by the Tribe to the 
     Secretary before the date of enactment of this Act.

     SEC. 305. GOVERNING BODY.

       The governing body of the Tribe shall be--
       (1) the governing body of the Tribe in place as of the date 
     of enactment of this Act; or
       (2) any subsequent governing body elected in accordance 
     with the election procedures specified in the governing 
     documents of the Tribe.

     SEC. 306. RESERVATION OF THE TRIBE.

       (a) In General.--On request of the Tribe, the Secretary--
       (1) shall take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe that was acquired by the Tribe 
     on or before January 1, 2007; and
       (2) may take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe, if the land is located within 
     the boundaries of King William County, Caroline County, 
     Hanover County, King and Queen County, and New Kent County, 
     Virginia.
       (b) Deadline for Determination.--The Secretary shall--
       (1) not later than 3 years after the date of a request of 
     the Tribe under subsection (a), make a final written 
     determination regarding the request; and
       (2) immediately make that determination available to the 
     Tribe.
       (c) Reservation Status.--On request of the Tribe, any land 
     taken into trust for the benefit of the Tribe pursuant to 
     this section shall be considered to be a part of the 
     reservation of the Tribe.
       (d) Gaming.--The Tribe may not conduct gaming activities--
       (1) as a matter of claimed inherent authority; or
       (2) pursuant to any Federal law, including the Indian 
     Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any 
     regulations promulgated pursuant to that Act by the Secretary 
     or the National Indian Gaming Commission).

     SEC. 307. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER 
                   RIGHTS.

       Nothing in this title expands, reduces, or affects in any 
     manner any hunting, fishing, trapping, gathering, or water 
     rights of the Tribe and members of the Tribe.

     SEC. 308. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

       (a) In General.--The Commonwealth of Virginia shall 
     exercise jurisdiction over any criminal offense committed, 
     and any civil actions arising, on land located within the 
     Commonwealth that is owned by, or held in trust by the United 
     States for, the Tribe.
       (b) Acceptance of Commonwealth Jurisdiction by Secretary.--
     The Secretary may accept on behalf of the United States, 
     after consultation with the Attorney General of the United 
     States, all or any portion of the jurisdiction of the 
     Commonwealth of Virginia described in subsection (a) on 
     verification by the Secretary of a certification by the Tribe 
     that the Tribe possesses the capacity to reassume that 
     jurisdiction.

[[Page 2303]]

       (c) Effect of Section.--Nothing in this section affects the 
     application of section 109 of the Indian Child Welfare Act of 
     1978 (25 U.S.C. 1919).

                   TITLE IV--RAPPAHANNOCK TRIBE, INC.

     SEC. 401. FINDINGS.

       Congress finds that--
       (1)(A) the first encounter with the English colonists was 
     chronicled by George Percy on May 5, 1607, when the 
     Rappahannock werowance, Pipiscumah or Pipisco, sent a 
     messenger to Captain Christopher Newport bidding the English 
     to come to him.
       (B) Percy wrote, ``When we came to Rappahanna's town, he 
     entertained us in good humanity.'';
       (C) the meeting took place approximately 10 miles from 
     Jamestown, at the principal town of the Rappahannocks on the 
     James River, Quioughcohanock (also called ``Tapahanauk'');
       (D) Quioughcohanock was a part of the Powhatan chiefdom as 
     well as a later town named after the werowance, Pipisco;
       (E) those towns were located in (Old) James City County, 
     which later became Surry County, Virginia; and
       (F) there are numerous interactions between those 
     Rappahannock towns and the English recorded in the Jamestown 
     Narratives during the period of 1607 through 1617;
       (2) during the initial months after Virginia was settled, 
     the Rappahannock Indians had 2 encounters with Captain John 
     Smith;
       (3)(A) a meeting occurred during the time when Powhatan 
     held Smith captive (December 1607 through January 8, 1608);
       (B) Smith was taken to the Rappahannock principal town on 
     the Rappahannock River to see if he was the ``great man'' 
     that had previously sailed into the Rappahannock River, 
     killed their king and kidnaped their people; and
       (C) it was determined that Smith was too short to be that 
     ``great man'';
       (4) a second meeting took place during Smith's exploration 
     of the Chesapeake Bay (July 1608 to September 1608), when, 
     after the Moraughtacund Indians had stolen 3 women from the 
     Rappahannock King, Smith was prevailed on to facilitate a 
     peaceful truce between the Rappahannock and the Moraughtacund 
     Indians;
       (5) in the settlement, Smith had the 2 Indian tribes meet 
     on the spot of their first fight;
       (6) when it was established that both groups wanted peace, 
     Smith told the Rappahannock King to select which of the 3 
     stolen women he wanted;
       (7) the Moraughtacund King was given second choice among 
     the 2 remaining women, and Mosco, a Wighcocomoco (on the 
     Potomac River) guide, was given the third woman;
       (8) in 1645, Captain William Claiborne tried unsuccessfully 
     to establish treaty relations with the Rappahannocks, because 
     the Rappahannock towns on the Rappahannock River had not 
     participated in the Pamunkey-led uprising in 1644, and the 
     English wanted to ``treat with the Rappahannocks or any other 
     Indians not in amity with Opechancanough, concerning serving 
     the County against the Pamunkey's'';
       (9) in April 1651, the Rappahannocks conveyed a tract of 
     land to an English settler, Colonel Morre Fauntleroy;
       (10) the deed for the conveyance was signed by Accopatough, 
     weroance of the Rappahannock Indians;
       (11) in September 1653, Lancaster County signed a treaty 
     with Rappahannock Indians, the terms of which treaty--
       (A) gave Rappahannocks the rights of Englishmen in the 
     county court; and
       (B) attempted to make the Rappahannocks more accountable 
     under English law;
       (12) in September 1653, Lancaster County defined and marked 
     the bounds of its Indian settlements;
       (13) according to the Lancaster clerk of court, ``the tribe 
     called the great Rappahannocks lived on the Rappahannock 
     Creek just across the river above Tappahannock'';
       (14) in September 1656, (Old) Rappahannock County (which, 
     as of the date of enactment of this Act, is comprised of 
     Richmond and Essex Counties, Virginia) signed a treaty with 
     Rappahannock Indians that--
       (A) mirrored the Lancaster County treaty from 1653; and
       (B) stated that--
       (i) Rappahannocks were to be rewarded, in Roanoke, for 
     returning English fugitives; and
       (ii) the English encouraged the Rappahannocks to send their 
     children to live among the English as servants, who the 
     English promised would be well-treated;
       (15) in 1658, the Virginia Assembly revised a 1652 Act 
     stating that ``there be no grants of land to any Englishman 
     whatsoever de futuro until the Indians be first served with 
     the proportion of 50 acres of land for each bowman'';
       (16) in 1669, the colony conducted a census of Virginia 
     Indians;
       (17) as of the date of that census--
       (A) the majority of the Rappahannocks were residing at 
     their hunting village on the north side of the Mattaponi 
     River; and
       (B) at the time of the visit, census-takers were counting 
     only the Indian tribes along the rivers, which explains why 
     only 30 Rappahannock bowmen were counted on that river;
       (18) the Rappahannocks used the hunting village on the 
     north side of the Mattaponi River as their primary residence 
     until the Rappahannocks were removed in 1684;
       (19) in May 1677, the Treaty of Middle Plantation was 
     signed with England;
       (20) the Pamunkey Queen Cockacoeske signed on behalf of the 
     Rappahannocks, ``who were supposed to be her tributaries'', 
     but before the treaty could be ratified, the Queen of 
     Pamunkey complained to the Virginia Colonial Council ``that 
     she was having trouble with Rappahannocks and Chickahominies, 
     supposedly tributaries of hers'';
       (21) in November 1682, the Virginia Colonial Council 
     established a reservation for the Rappahannock Indians of 
     3,474 acres ``about the town where they dwelt'', the land 
     being located in (Old) New Kent County, which was later 
     divided to include the modern counties of Caroline and King & 
     Queen in Virginia;
       (22) the Rappahannock ``town'' was the hunting village on 
     the north side of the Mattaponi River, where the 
     Rappahannocks had lived throughout the 1670s;
       (23) the acreage allotment of the reservation was based on 
     the 1658 Indian Land Act, which translates into a bowman 
     population of 70, or an approximate total Rappahannock 
     population of 350;
       (24) in 1683, following raids by Iroquoian warriors on 
     Indian and English settlements, the Virginia Colonial Council 
     ordered the Rappahannocks to leave their reservation and 
     unite with the Nanzatico Indians at Nanzatico Indian Town, 
     which was located across and up the Rappahannock River 
     approximately 30 miles in King George County;
       (25) between 1687 and 1699, the Rappahannocks migrated out 
     of Nanzatico, returning to the south side of the Rappahannock 
     River at Portobacco Indian Town;
       (26)(A) in 1706, by order of Essex County, Lieutenant 
     Richard Covington ``escorted'' the Portobaccos, Nanzaticos, 
     and Rappahannocks out of Portabacco Indian Town, out of Essex 
     County, and into King and Queen County, where those Indians 
     settled along the ridgeline between the Rappahannock and 
     Mattaponi Rivers, the site of their ancient hunting village 
     and 1682 reservation; and
       (B) that land encompassed the Newtown area on the King & 
     Queen County side of the Mattaponi River and extended into 
     Mangohick, on the King William County side of the Mattaponi 
     River;
       (27) during the 1760s, 3 Rappahannock girls were raised on 
     Thomas Nelson's Bleak Hill Plantation in King William County;
       (28) of those girls--
       (A) 1 married a Saunders man;
       (B) 1 married a Johnson man; and
       (C) 1 had 2 children, Edmund and Carter Nelson, fathered by 
     Thomas Cary Nelson;
       (29)(A) land was gifted by the Nelson family to the 
     Saunders and Johnson families as wedding gifts to the 
     Rappahannock girls in King William County; and
       (B) in the 19th century, those Saunders, Johnson, and 
     Nelson families were among the core Rappahannock families 
     from which the modern Rappahannock Tribe traces its descent;
       (30) in 1819 and 1820, Edward Bird, John Bird (and his 
     wife), Carter Nelson, Edmund Nelson, and Carter Spurlock (all 
     Rappahannock ancestors) were listed on the tax roles of King 
     and Queen County and taxed at the county poor rate;
       (31) Edmund Bird was added to the tax roles in 1821;
       (32) those tax records are significant documentation 
     because the great majority of pre-1864 records for King and 
     Queen County were destroyed by fire;
       (33) beginning in 1819, and continuing through the 1880s, 
     there was a solid Rappahannock presence in the membership at 
     Upper Essex Baptist Church;
       (34) that was the first instance of conversion to 
     Christianity by at least some Rappahannock Indians;
       (35) while 26 identifiable and traceable Rappahannock 
     surnames appear on the pre-1863 membership list, and 28 were 
     listed on the 1863 membership roster, the number of surnames 
     listed had declined to 12 in 1878 and had risen only slightly 
     to 14 by 1888;
       (36) a reason for the decline is that in 1870, a Methodist 
     circuit rider, Joseph Mastin, secured funds to purchase land 
     and construct St. Stephens Baptist Church for the 
     Rappahannocks living nearby in Caroline County;
       (37) Mastin referred to the Rappahannocks during the period 
     of 1850 to 1870 as ``Indians, having a great need for moral 
     and Christian guidance'';
       (38) St. Stephens was the dominant tribal church until the 
     Rappahannock Indian Baptist Church was established in 1964;
       (39) at both churches, the core Rappahannock family names 
     of Bird, Clarke, Fortune, Johnson, Nelson, Parker, and 
     Richardson predominate;
       (40) during the early 1900s, James Mooney, noted 
     anthropologist, maintained correspondence with the 
     Rappahannocks, surveying them and instructing them on how to 
     formalize their tribal government;

[[Page 2304]]

       (41) in November 1920, Speck visited the Rappahannocks and 
     assisted them in organizing the fight for their sovereign 
     rights;
       (42) in 1921, the Rappahannocks were granted a charter from 
     the Commonwealth of Virginia formalizing their tribal 
     government;
       (43) Speck began a professional relationship with the Tribe 
     that would last more than 30 years and document Rappahannock 
     history and traditions as never before;
       (44) in April 1921, Rappahannock Chief George Nelson asked 
     the Governor of Virginia, Westmoreland Davis, to forward a 
     proclamation to the President of the United States, along 
     with an appended list of tribal members and a handwritten 
     copy of the proclamation itself;
       (45) the letter concerned Indian freedom of speech and 
     assembly nationwide;
       (46) in 1922, the Rappahannocks established a formal school 
     at Lloyds, Essex County, Virginia;
       (47) prior to establishment of the school, Rappahannock 
     children were taught by a tribal member in Central Point, 
     Caroline County, Virginia;
       (48) in December 1923, Rappahannock Chief George Nelson 
     testified before Congress appealing for a $50,000 
     appropriation to establish an Indian school in Virginia;
       (49) in 1930, the Rappahannocks were engaged in an ongoing 
     dispute with the Commonwealth of Virginia and the United 
     States Census Bureau about their classification in the 1930 
     Federal census;
       (50) in January 1930, Rappahannock Chief Otho S. Nelson 
     wrote to Leon Truesdell, Chief Statistician of the United 
     States Census Bureau, asking that the 218 enrolled 
     Rappahannocks be listed as Indians;
       (51) in February 1930, Truesdell replied to Nelson saying 
     that ``special instructions'' were being given about 
     classifying Indians;
       (52) in April 1930, Nelson wrote to William M. Steuart at 
     the Census Bureau asking about the enumerators' failure to 
     classify his people as Indians, saying that enumerators had 
     not asked the question about race when they interviewed his 
     people;
       (53) in a followup letter to Truesdell, Nelson reported 
     that the enumerators were ``flatly denying'' his people's 
     request to be listed as Indians and that the race question 
     was completely avoided during interviews;
       (54) the Rappahannocks had spoken with Caroline and Essex 
     County enumerators, and with John M.W. Green at that point, 
     without success;
       (55) Nelson asked Truesdell to list people as Indians if he 
     sent a list of members;
       (56) the matter was settled by William Steuart, who 
     concluded that the Bureau's rule was that people of Indian 
     descent could be classified as ``Indian'' only if Indian 
     ``blood'' predominated and ``Indian'' identity was accepted 
     in the local community;
       (57) the Virginia Vital Statistics Bureau classed all 
     nonreservation Indians as ``Negro'', and it failed to see why 
     ``an exception should be made'' for the Rappahannocks;
       (58) therefore, in 1925, the Indian Rights Association took 
     on the Rappahannock case to assist the Rappahannocks in 
     fighting for their recognition and rights as an Indian tribe;
       (59) during the Second World War, the Pamunkeys, 
     Mattaponis, Chickahominies, and Rappahannocks had to fight 
     the draft boards with respect to their racial identities;
       (60) the Virginia Vital Statistics Bureau insisted that 
     certain Indian draftees be inducted into Negro units;
       (61) finally, 3 Rappahannocks who were convicted of 
     violating the Federal draft laws because they refused to be 
     inducted unless they could be classified as Indian, after 
     spending time in a Federal prison, were granted conscientious 
     objector status and served out the remainder of the war 
     working in military hospitals;
       (62) in 1943, Frank Speck noted that there were 
     approximately 25 communities of Indians left in the Eastern 
     United States that were entitled to Indian classification, 
     including the Rappahannocks;
       (63) in the 1940s, Leon Truesdell, Chief Statistician, of 
     the United States Census Bureau, listed 118 members in the 
     Rappahannock Tribe in the Indian population of Virginia;
       (64) on April 25, 1940, the Office of Indian Affairs of the 
     Department of the Interior included the Rappahannocks on a 
     list of Indian tribes classified by State and by agency;
       (65) in 1948, the Smithsonian Institution Annual Report 
     included an article by William Harlen Gilbert entitled, 
     ``Surviving Indian Groups of the Eastern United States'', 
     which included and described the Rappahannock Tribe;
       (66) in the late 1940s and early 1950s, the Rappahannocks 
     operated a school at Indian Neck;
       (67) the Commonwealth agreed to pay a tribal teacher to 
     teach 10 students bused by King and Queen County to Sharon 
     Indian School in King William County, Virginia;
       (68) in 1965, Rappahannock students entered Marriott High 
     School (a white public school) by executive order of the 
     Governor of Virginia;
       (69) in 1972, the Rappahannocks worked with the Coalition 
     of Eastern Native Americans to fight for Federal recognition;
       (70) in 1979, the Coalition established a pottery and 
     artisans company, operating with other Virginia tribes;
       (71) in 1980, the Rappahannocks received funding through 
     the Administration for Native Americans of the Department of 
     Health and Human Services to develop an economic program for 
     the Tribe; and
       (72) in 1983, the Rappahannocks received State recognition 
     as an Indian tribe.

     SEC. 402. DEFINITIONS.

       In this title:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Tribal member.--The term ``tribal member'' means--
       (A) an individual who is an enrolled member of the Tribe as 
     of the date of enactment of this Act; and
       (B) an individual who has been placed on the membership 
     rolls of the Tribe in accordance with this title.
       (3) Tribe.--
       (A) In general.--The term ``Tribe'' means the organization 
     possessing the legal name Rappahannock Tribe, Inc.
       (B) Exclusions.--The term ``Tribe'' does not include any 
     other Indian tribe, subtribe, band, or splinter group the 
     members of which represent themselves as Rappahannock 
     Indians.

     SEC. 403. FEDERAL RECOGNITION.

       (a) Federal Recognition.--
       (1) In general.--Federal recognition is extended to the 
     Tribe.
       (2) Applicability of laws.--All laws (including 
     regulations) of the United States of general applicability to 
     Indians or nations, Indian tribes, or bands of Indians 
     (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)), 
     that are not inconsistent with this title shall be applicable 
     to the Tribe and tribal members.
       (b) Federal Services and Benefits.--
       (1) In general.--On and after the date of enactment of this 
     Act, the Tribe and tribal members shall be eligible for all 
     services and benefits provided by the Federal Government to 
     federally recognized Indian tribes without regard to--
       (A) the existence of a reservation for the Tribe; or
       (B) the location of the residence of any tribal member on 
     or near any Indian reservation.
       (2) Service area.--For the purpose of the delivery of 
     Federal services to tribal members, the service area of the 
     Tribe shall be considered to be the area comprised of King 
     and Queen County, Caroline County, Essex County, and King 
     William County, Virginia.

     SEC. 404. MEMBERSHIP; GOVERNING DOCUMENTS.

       The membership roll and governing documents of the Tribe 
     shall be the most recent membership roll and governing 
     documents, respectively, submitted by the Tribe to the 
     Secretary before the date of enactment of this Act.

     SEC. 405. GOVERNING BODY.

       The governing body of the Tribe shall be--
       (1) the governing body of the Tribe in place as of the date 
     of enactment of this Act; or
       (2) any subsequent governing body elected in accordance 
     with the election procedures specified in the governing 
     documents of the Tribe.

     SEC. 406. RESERVATION OF THE TRIBE.

       (a) In General.--On request of the Tribe, the Secretary--
       (1) shall take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe that was acquired by the Tribe 
     on or before January 1, 2007; and
       (2) may take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe, if the land is located within 
     the boundaries of King and Queen County, Richmond County, 
     Lancaster County, King George County, Essex County, Caroline 
     County, New Kent County, King William County, and James City 
     County, Virginia.
       (b) Deadline for Determination.--The Secretary shall--
       (1) not later than 3 years after the date of a request of 
     the Tribe under subsection (a), make a final written 
     determination regarding the request; and
       (2) immediately make that determination available to the 
     Tribe.
       (c) Reservation Status.--On request of the Tribe, any land 
     taken into trust for the benefit of the Tribe pursuant to 
     this section shall be considered to be a part of the 
     reservation of the Tribe.
       (d) Gaming.--The Tribe may not conduct gaming activities--
       (1) as a matter of claimed inherent authority; or
       (2) pursuant to any Federal law, including the Indian 
     Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any 
     regulations promulgated pursuant to that Act by the Secretary 
     or the National Indian Gaming Commission).

     SEC. 407. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER 
                   RIGHTS.

       Nothing in this title expands, reduces, or affects in any 
     manner any hunting, fishing, trapping, gathering, or water 
     rights of the Tribe and members of the Tribe.

     SEC. 408. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

       (a) In General.--The Commonwealth of Virginia shall 
     exercise jurisdiction over any criminal offense committed, 
     and any civil actions arising, on land located within the 
     Commonwealth that is owned by, or held in trust by the United 
     States for, the Tribe.

[[Page 2305]]

       (b) Acceptance of Commonwealth Jurisdiction by Secretary.--
     The Secretary may accept on behalf of the United States, 
     after consultation with the Attorney General of the United 
     States, all or any portion of the jurisdiction of the 
     Commonwealth of Virginia described in subsection (a) on 
     verification by the Secretary of a certification by the Tribe 
     that the Tribe possesses the capacity to reassume that 
     jurisdiction.
       (c) Effect of Section.--Nothing in this section affects the 
     application of section 109 of the Indian Child Welfare Act of 
     1978 (25 U.S.C. 1919).

                     TITLE V--MONACAN INDIAN NATION

     SEC. 501. FINDINGS.

       Congress finds that--
       (1) In 1677, the Monacan Tribe signed the Treaty of Middle 
     Plantation between Charles II of England and 12 Indian 
     ``Kings and Chief Men'';
       (2) in 1722, in the Treaty of Albany, Governor Spotswood 
     negotiated to save the Virginia Indians from extinction at 
     the hands of the Iroquois;
       (3) specifically mentioned in the negotiations were the 
     Monacan tribes of the Totero (Tutelo), Saponi, Ocheneeches 
     (Occaneechi), Stengenocks, and Meipontskys;
       (4) in 1790, the first national census recorded Benjamin 
     Evans and Robert Johns, both ancestors of the present Monacan 
     community, listed as ``white'' with mulatto children;
       (5) in 1782, tax records also began for those families;
       (6) in 1850, the United States census recorded 29 families, 
     mostly large, with Monacan surnames, the members of which are 
     genealogically related to the present community;
       (7) in 1870, a log structure was built at the Bear Mountain 
     Indian Mission;
       (8) in 1908, the structure became an Episcopal Mission and, 
     as of the date of enactment of this Act, the structure is 
     listed as a landmark on the National Register of Historic 
     Places;
       (9) in 1920, 304 Amherst Indians were identified in the 
     United States census;
       (10) from 1930 through 1931, numerous letters from Monacans 
     to the Bureau of the Census resulted from the decision of Dr. 
     Walter Plecker, former head of the Bureau of Vital Statistics 
     of the Commonwealth of Virginia, not to allow Indians to 
     register as Indians for the 1930 census;
       (11) the Monacans eventually succeeded in being allowed to 
     claim their race, albeit with an asterisk attached to a note 
     from Dr. Plecker stating that there were no Indians in 
     Virginia;
       (12) in 1947, D'Arcy McNickle, a Salish Indian, saw some of 
     the children at the Amherst Mission and requested that the 
     Cherokee Agency visit them because they appeared to be 
     Indian;
       (13) that letter was forwarded to the Department of the 
     Interior, Office of Indian Affairs, Chicago, Illinois;
       (14) Chief Jarrett Blythe of the Eastern Band of Cherokee 
     did visit the Mission and wrote that he ``would be willing to 
     accept these children in the Cherokee school'';
       (15) in 1979, a Federal Coalition of Eastern Native 
     Americans established the entity known as ``Monacan Co-
     operative Pottery'' at the Amherst Mission;
       (16) some important pieces were produced at Monacan Co-
     operative Pottery, including a piece that was sold to the 
     Smithsonian Institution;
       (17) the Mattaponi-Pamunkey-Monacan Consortium, established 
     in 1981, has since been organized as a nonprofit corporation 
     that serves as a vehicle to obtain funds for those Indian 
     tribes from the Department of Labor under Native American 
     programs;
       (18) in 1989, the Monacan Tribe was recognized by the 
     Commonwealth of Virginia, which enabled the Tribe to apply 
     for grants and participate in other programs; and
       (19) in 1993, the Monacan Tribe received tax-exempt status 
     as a nonprofit corporation from the Internal Revenue Service.

     SEC. 502. DEFINITIONS.

       In this title:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Tribal member.--The term ``tribal member'' means--
       (A) an individual who is an enrolled member of the Tribe as 
     of the date of enactment of this Act; and
       (B) an individual who has been placed on the membership 
     rolls of the Tribe in accordance with this title.
       (3) Tribe.--The term ``Tribe'' means the Monacan Indian 
     Nation.

     SEC. 503. FEDERAL RECOGNITION.

       (a) Federal Recognition.--
       (1) In general.--Federal recognition is extended to the 
     Tribe.
       (2) Applicability of laws.--All laws (including 
     regulations) of the United States of general applicability to 
     Indians or nations, Indian tribes, or bands of Indians 
     (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)), 
     that are not inconsistent with this title shall be applicable 
     to the Tribe and tribal members.
       (b) Federal Services and Benefits.--
       (1) In general.--On and after the date of enactment of this 
     Act, the Tribe and tribal members shall be eligible for all 
     services and benefits provided by the Federal Government to 
     federally recognized Indian tribes without regard to--
       (A) the existence of a reservation for the Tribe; or
       (B) the location of the residence of any tribal member on 
     or near any Indian reservation.
       (2) Service area.--For the purpose of the delivery of 
     Federal services to tribal members, the service area of the 
     Tribe shall be considered to be the area comprised of all 
     land within 25 miles from the center of Amherst, Virginia.

     SEC. 504. MEMBERSHIP; GOVERNING DOCUMENTS.

       The membership roll and governing documents of the Tribe 
     shall be the most recent membership roll and governing 
     documents, respectively, submitted by the Tribe to the 
     Secretary before the date of enactment of this Act.

     SEC. 505. GOVERNING BODY.

       The governing body of the Tribe shall be--
       (1) the governing body of the Tribe in place as of the date 
     of enactment of this Act; or
       (2) any subsequent governing body elected in accordance 
     with the election procedures specified in the governing 
     documents of the Tribe.

     SEC. 506. RESERVATION OF THE TRIBE.

       (a) In General.--On request of the Tribe, the Secretary--
       (1) shall take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe that was acquired by the Tribe 
     on or before January 1, 2007, if the land is located within 
     the boundaries of Amherst County, Virginia; and
       (2) may take into trust for the benefit of the Tribe--
       (A) any land held in fee by the Tribe, if the land is 
     located within the boundaries of Amherst County, Virginia; 
     and
       (B) the parcels of land located in Rockbridge County, 
     Virginia (subject to the consent of the local unit of 
     government), owned by Mr. J. Poole, described as East 731 
     Sandbridge (encompassing approximately 4.74 acres) and East 
     731 (encompassing approximately 5.12 acres).
       (b) Deadline for Determination.--The Secretary shall--
       (1) not later than 3 years after the date of a request of 
     the Tribe under subsection (a)(2), make a final written 
     determination regarding the request; and
       (2) immediately make that determination available to the 
     Tribe.
       (c) Reservation Status.--On request of the Tribe, any land 
     taken into trust for the benefit of the Tribe pursuant to 
     this section shall be considered to be a part of the 
     reservation of the Tribe.
       (d) Gaming.--The Tribe may not conduct gaming activities--
       (1) as a matter of claimed inherent authority; or
       (2) pursuant to any Federal law, including the Indian 
     Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any 
     regulations promulgated pursuant to that Act by the Secretary 
     or the National Indian Gaming Commission).

     SEC. 507. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER 
                   RIGHTS.

       Nothing in this title expands, reduces, or affects in any 
     manner any hunting, fishing, trapping, gathering, or water 
     rights of the Tribe and members of the Tribe.

     SEC. 508. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

       (a) In General.--The Commonwealth of Virginia shall 
     exercise jurisdiction over any criminal offense committed, 
     and any civil actions arising, on land located within the 
     Commonwealth that is owned by, or held in trust by the United 
     States for, the Tribe.
       (b) Acceptance of Commonwealth Jurisdiction by Secretary.--
     The Secretary may accept on behalf of the United States, 
     after consultation with the Attorney General of the United 
     States, all or any portion of the jurisdiction of the 
     Commonwealth of Virginia described in subsection (a) on 
     verification by the Secretary of a certification by the Tribe 
     that the Tribe possesses the capacity to reassume that 
     jurisdiction.
       (c) Effect of Section.--Nothing in this section affects the 
     application of section 109 of the Indian Child Welfare Act of 
     1978 (25 U.S.C. 1919).

                    TITLE VI--NANSEMOND INDIAN TRIBE

     SEC. 601. FINDINGS.

       Congress finds that--
       (1) from 1607 until 1646, Nansemond Indians--
       (A) lived approximately 30 miles from Jamestown; and
       (B) were significantly involved in English-Indian affairs;
       (2) after 1646, there were 2 sections of Nansemonds in 
     communication with each other, the Christianized Nansemonds 
     in Norfolk County, who lived as citizens, and the 
     traditionalist Nansemonds, who lived further west;
       (3) in 1638, according to an entry in a 17th century sermon 
     book still owned by the Chief's family, a Norfolk County 
     Englishman married a Nansemond woman;
       (4) that man and woman are lineal ancestors of all of 
     members of the Nansemond Indian tribe alive as of the date of 
     enactment of this Act, as are some of the traditionalist 
     Nansemonds;

[[Page 2306]]

       (5) in 1669, the 2 Nansemond sections appeared in Virginia 
     Colony's census of Indian bowmen;
       (6) in 1677, Nansemond Indians were signatories to the 
     Treaty of 1677 with the King of England;
       (7) in 1700 and 1704, the Nansemonds and other Virginia 
     Indian tribes were prevented by Virginia Colony from making a 
     separate peace with the Iroquois;
       (8) Virginia represented those Indian tribes in the final 
     Treaty of Albany, 1722;
       (9) in 1711, a Nansemond boy attended the Indian School at 
     the College of William and Mary;
       (10) in 1727, Norfolk County granted William Bass and his 
     kinsmen the ``Indian privileges'' of clearing swamp land and 
     bearing arms (which privileges were forbidden to other 
     nonwhites) because of their Nansemond ancestry, which meant 
     that Bass and his kinsmen were original inhabitants of that 
     land;
       (11) in 1742, Norfolk County issued a certificate of 
     Nansemond descent to William Bass;
       (12) from the 1740s to the 1790s, the traditionalist 
     section of the Nansemond tribe, 40 miles west of the 
     Christianized Nansemonds, was dealing with reservation land;
       (13) the last surviving members of that section sold out in 
     1792 with the permission of the Commonwealth of Virginia;
       (14) in 1797, Norfolk County issued a certificate stating 
     that William Bass was of Indian and English descent, and that 
     his Indian line of ancestry ran directly back to the early 
     18th century elder in a traditionalist section of Nansemonds 
     on the reservation;
       (15) in 1833, Virginia enacted a law enabling people of 
     European and Indian descent to obtain a special certificate 
     of ancestry;
       (16) the law originated from the county in which Nansemonds 
     lived, and mostly Nansemonds, with a few people from other 
     counties, took advantage of the new law;
       (17) a Methodist mission established around 1850 for 
     Nansemonds is currently a standard Methodist congregation 
     with Nansemond members;
       (18) in 1901, Smithsonian anthropologist James Mooney--
       (A) visited the Nansemonds; and
       (B) completed a tribal census that counted 61 households 
     and was later published;
       (19) in 1922, Nansemonds were given a special Indian school 
     in the segregated school system of Norfolk County;
       (20) the school survived only a few years;
       (21) in 1928, University of Pennsylvania anthropologist 
     Frank Speck published a book on modern Virginia Indians that 
     included a section on the Nansemonds; and
       (22) the Nansemonds were organized formally, with elected 
     officers, in 1984, and later applied for and received State 
     recognition.

     SEC. 602. DEFINITIONS.

       In this title:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Tribal member.--The term ``tribal member'' means--
       (A) an individual who is an enrolled member of the Tribe as 
     of the date of enactment of this Act; and
       (B) an individual who has been placed on the membership 
     rolls of the Tribe in accordance with this title.
       (3) Tribe.--The term ``Tribe'' means the Nansemond Indian 
     Tribe.

     SEC. 603. FEDERAL RECOGNITION.

       (a) Federal Recognition.--
       (1) In general.--Federal recognition is extended to the 
     Tribe.
       (2) Applicability of laws.--All laws (including 
     regulations) of the United States of general applicability to 
     Indians or nations, Indian tribes, or bands of Indians 
     (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)), 
     that are not inconsistent with this title shall be applicable 
     to the Tribe and tribal members.
       (b) Federal Services and Benefits.--
       (1) In general.--On and after the date of enactment of this 
     Act, the Tribe and tribal members shall be eligible for all 
     services and benefits provided by the Federal Government to 
     federally recognized Indian tribes without regard to--
       (A) the existence of a reservation for the Tribe; or
       (B) the location of the residence of any tribal member on 
     or near any Indian reservation.
       (2) Service area.--For the purpose of the delivery of 
     Federal services to tribal members, the service area of the 
     Tribe shall be considered to be the area comprised of the 
     cities of Chesapeake, Hampton, Newport News, Norfolk, 
     Portsmouth, Suffolk, and Virginia Beach, Virginia.

     SEC. 604. MEMBERSHIP; GOVERNING DOCUMENTS.

       The membership roll and governing documents of the Tribe 
     shall be the most recent membership roll and governing 
     documents, respectively, submitted by the Tribe to the 
     Secretary before the date of enactment of this Act.

     SEC. 605. GOVERNING BODY.

       The governing body of the Tribe shall be--
       (1) the governing body of the Tribe in place as of the date 
     of enactment of this Act; or
       (2) any subsequent governing body elected in accordance 
     with the election procedures specified in the governing 
     documents of the Tribe.

     SEC. 606. RESERVATION OF THE TRIBE.

       (a) In General.--On request of the Tribe, the Secretary--
       (1) shall take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe that was acquired by the Tribe 
     on or before January 1, 2007; and
       (2) may take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe, if the land is located within 
     the boundaries of the city of Suffolk, the city of 
     Chesapeake, or Isle of Wight County, Virginia.
       (b) Deadline for Determination.--The Secretary shall--
       (1) not later than 3 years after the date of a request of 
     the Tribe under subsection (a), make a final written 
     determination regarding the request; and
       (2) immediately make that determination available to the 
     Tribe.
       (c) Reservation Status.--On request of the Tribe, any land 
     taken into trust for the benefit of the Tribe pursuant to 
     this section shall be considered to be a part of the 
     reservation of the Tribe.
       (d) Gaming.--The Tribe may not conduct gaming activities--
       (1) as a matter of claimed inherent authority; or
       (2) pursuant to any Federal law, including the Indian 
     Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any 
     regulations promulgated pursuant to that Act by the Secretary 
     or the National Indian Gaming Commission).

     SEC. 607. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER 
                   RIGHTS.

       Nothing in this title expands, reduces, or affects in any 
     manner any hunting, fishing, trapping, gathering, or water 
     rights of the Tribe and members of the Tribe.

     SEC. 608. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

       (a) In General.--The Commonwealth of Virginia shall 
     exercise jurisdiction over any criminal offense committed, 
     and any civil actions arising, on land located within the 
     Commonwealth that is owned by, or held in trust by the United 
     States for, the Tribe.
       (b) Acceptance of Commonwealth Jurisdiction by Secretary.--
     The Secretary may accept on behalf of the United States, 
     after consultation with the Attorney General of the United 
     States, all or any portion of the jurisdiction of the 
     Commonwealth of Virginia described in subsection (a) on 
     verification by the Secretary of a certification by the Tribe 
     that the Tribe possesses the capacity to reassume that 
     jurisdiction.
       (c) Effect of Section.--Nothing in this section affects the 
     application of section 109 of the Indian Child Welfare Act of 
     1978 (25 U.S.C. 1919).
                                 ______
                                 
      By Mr. UDALL of Colorado (for himself and Mr. Barrasso):
  S. 382. A bill to amend the National Forest Ski Area Permit Act of 
1986 to clarify the authority of the Secretary of Agriculture regarding 
additional recreational uses of National Forest System land that is 
subject to ski area purposes, and for other purposes; to the Committee 
on Energy and Natural Resources.
  Mr. UDALL of Colorado. Mr. President, while our economy is beginning 
to show signs of recovery, there is still a long way to go. This is 
especially true in our rural communities. That is why I am 
reintroducing a bipartisan bill that would help provide new economic 
opportunities in mountain communities across this country--the Ski Area 
Recreational Opportunity Enhancement Act.
  The outdoors and recreation industries have been a bright spot in the 
economic downturn. More Americans are spending time outside, enjoying 
the natural world and getting exercise. I have long felt it is in the 
national interest to encourage Americans to engage in outdoor 
activities that can contribute to their health and well being. Our 
public lands already play a key role by providing opportunities for 
hiking, skiing, mountain biking and a range of other activities.
  In Colorado and across the country, for example, many ski areas are 
located on National Forest lands. However, under existing law, the 
National Forest Service bases ski area permits primarily on ``Nordic 
and alpine skiing'', a classification that does not reflect the full 
spectrum of snowsports, nor the use of ski permit areas for non-winter 
activities. This has resulted in uncertainty for both the Forest 
Service and ski areas as to whether and how other activities, such as 
summer-time activities, can occur on permitted areas.
  In effect, this means that ski areas on National Forest lands are 
primarily restricted to use for winter recreation, as opposed to year-
round recreation.
  The legislation I am introducing with Senator Barrasso of Wyoming 
would

[[Page 2307]]

clarify this ambiguity. It would ensure that ski area permits could be 
used for additional snowsports, such as snowboarding, as well as 
specifically authorizing the Forest Service to allow additional 
recreational opportunities--like summer-time activities--in permit 
areas.
  I should note that this authority is limited. The primary activity in 
the permit area must remain skiing or other snowsports. And there are 
specific types of development, such as water parks and amusement parks, 
that are specifically prohibited.
  This is a narrowly targeted bill that will lead to additional 
opportunities for seasonal and year-round recreational activities at 
ski areas on public lands--and most importantly help create more 
sustainable, year round jobs.
  I would like to thank Senator Barrasso for his continued support of 
this legislation and his efforts to work with me in the last Congress 
to pass this bill. I know we were both disappointed that the objections 
of just two Senators prevented this common-sense legislation from 
becoming law. Hopefully we will have more success this year--because 
our mountain communities should be given every opportunity to thrive, 
as this legislation would help do.
  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. 382

       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 ``Ski Area Recreational 
     Opportunity Enhancement Act of 2011''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to amend the National Forest Ski 
     Area Permit Act of 1986 (16 U.S.C. 497b)--
       (1) to enable snow-sports (other than nordic and alpine 
     skiing) to be permitted on National Forest System land 
     subject to ski area permits issued by the Secretary of 
     Agriculture under section 3 of the National Forest Ski Area 
     Permit Act of 1986 (16 U.S.C. 497b); and
       (2) to clarify the authority of the Secretary of 
     Agriculture to permit appropriate additional seasonal or 
     year-round recreational activities and facilities on National 
     Forest System land subject to ski area permits issued by the 
     Secretary of Agriculture under section 3 of the National 
     Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b).

     SEC. 3. SKI AREA PERMITS.

       Section 3 of the National Forest Ski Area Permit Act of 
     1986 (16 U.S.C. 497b) is amended--
       (1) in subsection (a), by striking ``nordic and alpine ski 
     areas and facilities'' and inserting ``ski areas and 
     associated facilities'';
       (2) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``nordic and alpine skiing operations and 
     purposes'' and inserting ``skiing and other snow sports and 
     recreational uses authorized by this Act'';
       (3) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively;
       (4) by inserting after subsection (b) the following:
       ``(c) Other Recreational Uses.--
       ``(1) Authority of secretary.--Subject to the terms of a 
     ski area permit issued pursuant to subsection (b), the 
     Secretary may authorize a ski area permittee to provide such 
     other seasonal or year-round natural resource-based 
     recreational activities and associated facilities (in 
     addition to skiing and other snow-sports) on National Forest 
     System land subject to a ski area permit as the Secretary 
     determines to be appropriate.
       ``(2) Requirements.--Each activity and facility authorized 
     by the Secretary under paragraph (1) shall--
       ``(A) encourage outdoor recreation and enjoyment of nature;
       ``(B) to the extent practicable--
       ``(i) harmonize with the natural environment of the 
     National Forest System land on which the activity or facility 
     is located; and
       ``(ii) be located within the developed portions of the ski 
     area;
       ``(C) be subject to such terms and conditions as the 
     Secretary determines to be appropriate; and
       ``(D) be authorized in accordance with--
       ``(i) the applicable land and resource management plan; and
       ``(ii) applicable laws (including regulations).
       ``(3) Inclusions.--Activities and facilities that may, in 
     appropriate circumstances, be authorized under paragraph (1) 
     include--
       ``(A) zip lines;
       ``(B) mountain bike terrain parks and trails;
       ``(C) frisbee golf courses; and
       ``(D) ropes courses.
       ``(4) Exclusions.--Activities and facilities that are 
     prohibited under paragraph (1) include--
       ``(A) tennis courts;
       ``(B) water slides and water parks;
       ``(C) swimming pools;
       ``(D) golf courses; and
       ``(E) amusement parks.
       ``(5) Limitation.--The Secretary may not authorize any 
     activity or facility under paragraph (1) if the Secretary 
     determines that the authorization of the activity or facility 
     would result in the primary recreational purpose of the ski 
     area permit to be a purpose other than skiing and other snow-
     sports.
       ``(6) Boundary determination.--In determining the acreage 
     encompassed by a ski area permit under subsection (b)(3), the 
     Secretary shall not consider the acreage necessary for 
     activities and facilities authorized under paragraph (1).
       ``(7) Effect on existing authorized activities and 
     facilities.--Nothing in this subsection affects any activity 
     or facility authorized by a ski area permit in effect on the 
     date of enactment of this subsection during the term of the 
     permit.'';
       (5) by striking subsection (d) (as redesignated by 
     paragraph (3)), and inserting the following:
       ``(d) Regulations.--Not later than 2 years after the date 
     of enactment of this subsection, the Secretary shall 
     promulgate regulations to implement this section.''; and
       (6) in subsection (e) (as redesignated by paragraph (3)), 
     by striking ``the National Environmental Policy Act, or the 
     Forest and Rangelands Renewable Resources Planning Act as 
     amended by the National Forest Management Act'' and inserting 
     ``the National Environmental Policy Act of 1969 (42 U.S.C. 
     4321 et seq.) and the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.)''.

     SEC. 4. EFFECT.

       Nothing in the amendments made by this Act establishes a 
     legal preference for the holder of a ski area permit to 
     provide activities and associated facilities authorized by 
     section 3(c) of the National Forest Ski Area Permit Act of 
     1986 (16 U.S.C. 497b(c)) (as amended by section 3).
                                 ______
                                 
      By Mr. UDALL of Colorado:
  S. 383. A bill to promote the domestic production of critical 
minerals and materials, and for other purposes; to the Committee on 
Energy and Natural Resources.
  Mr. UDALL of Colorado. Mr. President, I rise today to address an 
issue that affects both our economic and national security--critical 
minerals and materials. These materials are used in everything from 
wind turbines to cell phones to weapons guidance systems. However, 
these materials are primarily imported--many from China--and not always 
readily available. For example, several clean energy technologies--
including wind turbines, batteries and solar panels--require materials 
that are at risk of supply disruptions. According to the Department of 
Energy, clean energy technologies currently constitute 20 percent of 
global consumption of critical materials. As clean energy technologies 
are deployed more widely in the decades ahead, demand for critical 
materials will likely grow.
  Furthermore, these materials are needed for a number of products 
essential to protecting our Nation's security, including precision-
guided munitions systems, lasers, communication systems, radar systems, 
avionics, night vision equipment, and satellites. Many of these 
materials are produced primarily in other countries, and some are not 
produced in the United States at all.
  One group of critical minerals with very high importance today is 
rare earth elements. The United States was once the primary producer of 
rare earth materials according to the U.S. Geological Survey, but over 
the past 15 years we have become 100 percent reliant on imports, with 
97 percent coming from China.
  When the rare earth industry left the United States, our rare earth 
materials workforce dwindled as well, leaving very few experts with 
experience in processing these materials. Currently, there are no 
curricula in U.S. universities that are geared toward training a new 
expert workforce; rather, most of the expertise resides in China and 
Japan. In addition, the U.S.-developed intellectual property for making 
many of these materials is owned by Japan.
  Rare earth materials are not the only critical materials in demand 
today. Similar supply problems are imminent

[[Page 2308]]

for other types of minerals and materials that will be essential for 
the increased deployment of technologies like batteries, solar panels 
and electric vehicles. Both the Department of Energy and the National 
Academy of Sciences have identified minerals and materials--such as 
lithium, manganese and rhodium--that are now or could become critical 
in the near future.
  Today, I am introducing the Critical Minerals and Materials Act of 
2011, a bill intended to help build up the supply chain of minerals and 
materials that are vital for the development of a clean energy economy 
and for our national defense.
  The National Academy of Sciences recommended improved data-gathering 
by the Federal Government along with research and development to 
encourage domestic innovation in the area of critical minerals and 
materials. My bill specifically would direct the Department of Energy 
to begin research and development on critical minerals and materials in 
order to strengthen our domestic supply chain. It would also direct the 
Department of the Interior to lead in gathering information on the 
current supply chain and to forecast what materials we might need in 
the future as our clean energy economy develops.
  Finally, my bill would build up the workforce necessary for the 
United States to regain its leadership in the critical minerals and 
materials industry. Fellow Coloradans in this industry have told me 
that it is difficult to find qualified workers to hire in the minerals 
and materials sector. There are good-paying jobs out there waiting to 
be filled, and more will become available as these industries grow. But 
we need to make sure our workforce is properly trained to be able to 
take advantage of these opportunities and retain U.S. expertise in this 
industry. My bill will provide for such training in the Nation's 
colleges and universities, as well as in our technical and community 
colleges.
  While there are a great many minerals and materials that are 
important for our economic and national security, my bill will focus on 
only the small portion of minerals and materials that have become 
critical due to their highly vulnerable supply chain. These critical 
minerals and materials are in danger of becoming simply unavailable or 
extremely expensive and I believe these deserve extra attention.
  We must also recognize that the raw minerals for these critical 
materials are often on Federal land and are a valuable resource owned 
by U.S. citizens. Mining for them must be done in a safe and 
environmentally responsible way--and that is why I continue to support 
mining law reform. However, we simply cannot be so dependent upon China 
or any other nation to provide these critical materials. My bill would 
ensure that the U.S. is armed with a robust domestic supply chain and a 
skilled workforce needed to produce these materials. I urge my 
colleagues of both parties to join me in supporting this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 383

       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 ``Critical Minerals and 
     Materials Promotion Act of 2011''.

     SEC. 2. DEFINITION OF CRITICAL MINERALS AND MATERIALS.

       In this Act:
       (1) In general.--The term ``critical minerals and 
     materials'' means naturally occurring, nonliving, nonfuel 
     substances with a definite chemical composition--
       (A) that perform an essential function for which no 
     satisfactory substitutes exist; and
       (B) the supply of which has a high probability of becoming 
     restricted, leading to physical unavailability or excessive 
     costs for the applicable minerals and materials in key 
     applications.
       (2) Exclusions.--The term ``critical minerals and 
     materials'' does not include ice, water, or snow.

     SEC. 3. PROGRAM TO DETERMINE PRESENCE OF AND FUTURE NEEDS FOR 
                   CRITICAL MINERALS AND MATERIALS.

       (a) In General.--The Secretary of the Interior, acting 
     through the United States Geological Survey, shall establish 
     a research and development program--
       (1) to provide data and scientific analyses for research 
     on, and assessments of the potential for, undiscovered and 
     discovered resources of critical minerals and materials in 
     the United States and other countries; and
       (2) to analyze and assess current and future critical 
     minerals and materials supply chains--
       (A) with advice from the Energy Information Administration 
     on future energy technology market penetration; and
       (B) using the Mineral Commodity Summaries produced by the 
     United States Geological Survey.
       (b) Global Supply Chain.--The Secretary shall, if 
     appropriate, cooperate with international partners to ensure 
     that the program established under subsection (a) provides 
     analyses of the global supply chain of critical minerals and 
     materials.

     SEC. 4. PROGRAM TO STRENGTHEN THE DOMESTIC CRITICAL MINERALS 
                   AND MATERIALS SUPPLY CHAIN FOR CLEAN ENERGY 
                   TECHNOLOGIES.

       The Secretary of Energy shall conduct a program of 
     research, development, and demonstration to strengthen the 
     domestic critical minerals and materials supply chain for 
     clean energy technologies and to ensure the long-term, 
     secure, and sustainable supply of critical minerals and 
     materials sufficient to strengthen the national security of 
     the United States and meet the clean energy production needs 
     of the United States, including--
       (1) critical minerals and materials production, processing, 
     and refining;
       (2) minimization of critical minerals and materials in 
     energy technologies;
       (3) recycling of critical minerals and materials; and
       (4) substitutes for critical minerals and materials in 
     energy technologies.

     SEC. 5. STRENGTHENING EDUCATION AND TRAINING IN MINERAL AND 
                   MATERIAL SCIENCE AND ENGINEERING FOR CRITICAL 
                   MINERALS AND MATERIALS PRODUCTION.

       (a) In General.--The Secretary of Energy shall promote the 
     development of the critical minerals and materials industry 
     workforce in the United States.
       (b) Support.--In carrying out subsection (a), the Secretary 
     shall support--
       (1) critical minerals and materials education by providing 
     undergraduate and graduate scholarships and fellowships at 
     institutions of higher education, including technical and 
     community colleges;
       (2) partnerships between industry and institutions of 
     higher education, including technical and community colleges, 
     to provide onsite job training; and
       (3) development of courses and curricula on critical 
     minerals and materials.

     SEC. 6. SUPPLY OF CRITICAL MINERALS AND MATERIALS.

       (a) Policy.--It is the policy of the United States to 
     promote an adequate and stable supply of critical minerals 
     and materials necessary to maintain national security, 
     economic well-being, and industrial production with 
     appropriate attention to a long-term balance between resource 
     production, energy use, a healthy environment, natural 
     resources conservation, and social needs.
       (b) Implementation.--To implement the policy described in 
     subsection (a), the President, acting through the Executive 
     Office of the President, shall--
       (1) coordinate the actions of applicable Federal agencies;
       (2) identify critical minerals and materials needs and 
     establish early warning systems for critical minerals and 
     materials supply problems;
       (3) establish a mechanism for the coordination and 
     evaluation of Federal critical minerals and materials 
     programs, including programs involving research and 
     development, in a manner that complements related efforts 
     carried out by the private sector and other domestic and 
     international agencies and organizations;
       (4) promote and encourage private enterprise in the 
     development of economically sound and stable domestic 
     critical minerals and materials supply chains;
       (5) promote and encourage the recycling of critical 
     minerals and materials, taking into account the logistics, 
     economic viability, environmental sustainability, and 
     research and development needs for completing the recycling 
     process;
       (6) assess the need for and make recommendations concerning 
     the availability and adequacy of the supply of technically 
     trained personnel necessary for critical minerals and 
     materials research, development, extraction, and industrial 
     practice, with a particular focus on the problem of 
     attracting and maintaining high quality professionals for 
     maintaining an adequate supply of critical minerals and 
     materials; and
       (7) report to Congress on activities and findings under 
     this subsection.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     Act such sums as are necessary.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mrs. Hutchison, Mrs. Boxer,

[[Page 2309]]

        Ms. Snowe, Mrs. Gillibrand, Mr. Schumer, Mr. Portman, Mr. 
        Durbin, Mr. Blumenthal, Mr. Udall of New Mexico, Mr. Begich, 
        Mr. Coons, Mr. Barrasso, Ms. Mikulski, Mr. Burr, Mr. 
        Lautenberg, Mr. Kerry, Mr. Johnson of South Dakota, Mr. Tester, 
        Mr. Merkley, Mr. Lieberman, Mr. Moran, Mr. Cochran, Mrs. 
        Murray, Mr. Ensign, Mr. Nelson of Nebraska, and Mr. Hatch):
  S. 384. A bill to amend title 39, United States Code, to extend the 
authority of the United States Postal Service to issue a semipostal to 
raise funds for breast cancer research; to the Committee on Homeland 
Security and Governmental Affairs.
  Mrs. FEINSTEIN. Mr. President, I rise today with Senator Hutchison to 
introduce legislation to reauthorize the extraordinarily successful 
Breast Cancer Research Stamp for 4 additional years.
  Without Congressional action, this important stamp will expire on 
December 31 of this year.
  This stamp deserves to be extended as it has proven to be highly 
effective.
  Since 1998, over 907 million breast cancer research stamps have been 
sold--raising over $72 million for breast cancer research.
  Furthermore, in October 2007, the Government Accountability Office, 
GAO, released a report showing that the Breast Cancer Research Stamp 
has been a success and an effective fund-raiser in the effort to 
increase funds to fight the disease.
  The National Institutes of Health, NIH, and the Department of Defense 
have received approximately $50.4 million and $21.6 million, 
respectively, putting these research dollars to good use by funding 
innovative advances in breast cancer research.
  For example, in 2006, NIH began funding the Trial Assigning 
Individualized Options for Treatment Program, TAILORx, with proceeds 
from the Breast Cancer Research Stamp. The trial is designed to 
determine which patients with early stage breast cancer would be more 
likely to benefit from chemotherapy and, therefore, reduce the use of 
chemotherapy in those patients who are unlikely to benefit. The goal of 
TAILORx is to determine the most effective current approach to cancer 
treatment, with the fewest side effects, for women with early-stage 
breast cancer by using a validated diagnostic test.
  Thanks to breakthroughs in cancer research, more and more people are 
becoming cancer survivors rather than cancer victims. Every dollar we 
continue to raise will help save lives.
  One cannot calculate in dollars and cents how the stamp has focused 
public awareness on this terrible disease and the need for additional 
research funding.
  There is still so much more to do because this disease has far 
reaching effects on our Nation.
  Breast cancer is the second most commonly diagnosed cancer among 
women after skin cancer.
  More than 2.5 million women in the U.S. are living with breast cancer 
today.
  Over 200,000 women have been diagnosed with cancer in each of the 
past few years, and will be diagnosed in the coming year.
  Though male breast cancer is much less common, 1,970 men were 
diagnosed with breast cancer last year.
  This legislation would extend the authorization of the Breast Cancer 
Research stamp for 4 additional years--until December 31, 2015.
  It also will allow the stamp to continue to have a surcharge above 
the value of a first-class stamp with the surplus revenues going to 
breast cancer research.
  It will not affect any other semi-postal proposals under 
consideration by the U.S. Postal Service.
  I urge my colleagues to join me and Senator Hutchison in passing this 
important legislation to extend the Breast Cancer Research Stamp for 
another 4 years.
  Until a cure is found, the money from the sale of this unique postal 
stamp will continue to focus public awareness on this devastating 
disease and provide hope to breast cancer survivors.
  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. 384

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

     SECTION 1. EXTENSION OF POSTAGE STAMP FOR BREAST CANCER 
                   RESEARCH.

       Section 414(h) of title 39, United States Code, is amended 
     by striking ``2011'' and inserting ``2015''.
                                 ______
                                 
      By Mr. LEAHY (for himself, Mr. Sanders, Mr. Schumer, Mr. Conrad, 
        and Mr. Franken):
  S. 385. A bill to include nonprofit and volunteer ground and air 
ambulance crew members and first responders for certain benefits; to 
the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, today I again introduce legislation to 
correct an inequity in the U.S. Department of Justice's Public Safety 
Officers Benefits, PSOB, Program, by extending benefits to nonprofit 
Emergency Medical Services, EMS, providers who die or are permanently 
disabled in the line of duty. I am pleased to be joined in this effort 
by Senator Sanders and Senator Schumer.
  The legislation is named after Dale Long, a long-time paramedic and 
shift supervisor with the Bennington Rescue Squad in Vermont. Dale Long 
died two years ago in a tragic, on-duty accident while treating and 
transporting a patient. He had a superb 25-year career as a Vermont 
paramedic. He helped many, many people in ways they will never forget, 
and Dale Long will not be forgotten.
  I had the pleasure and honor of meeting Dale in 2009--less than two 
months before his death--when he was in Washington to receive the 
prestigious Star of Life Award from the American Ambulance Association. 
Dale earlier had received Vermont's EMS Advanced Rescuer of the Year 
Award, in 2008. In 2010, Dale was honored as part of the National EMS 
Memorial Service.
  Dale's tragic passing highlighted a major shortcoming in the current 
PSOB program, which Congress established more than 30 years ago to lend 
a hand to police officers, firefighters and medics who lose their lives 
or are permanently disabled in the line of duty. The current benefit 
only applies to public safety officers employed by a Federal, State, or 
local government entity. With many communities around the United States 
choosing to have their emergency medical services provided by nonprofit 
agencies, medics working for these nonprofit services unfortunately are 
not eligible for this help under the PSOB program.
  Nonprofit public safety officers provide identical services to 
governmental officers and do so daily in the same dangerous 
environments. With a renewed appreciation for the vital and timely 
community service of first responders since the national tragedy of 
September 11, 2001, more people are answering the call to serve their 
communities. At the same time, more rescue workers are falling through 
the cracks of the PSOB program.
  The Dale Long Emergency Medical Service Provider Protection Act will 
correct this inequality by extending the PSOB program to cover 
nonprofit EMS officers who provide emergency medical and ground or air 
ambulance service. These emergency professionals protect and promote 
the public good of the communities they serve, and we should not 
unfairly penalize them and their families simply because they work or 
volunteer for a nonprofit organization.
  The modest cost of this remedy also is fully offset and will not add 
to the federal deficit.
  This is a carefully crafted, commonsense remedy to a clear 
discrepancy in the law. I am pleased with the widespread support this 
bill has earned. Momentum continues to build for this solution, and I 
will keep at this effort until the Dale Long Emergency Medical Service 
Provider Protection Act becomes the law of the land.
  I thank several first responder organizations--including the American 
Ambulance Association, the National Association of EMTs, the 
International

[[Page 2310]]

Association of Fire Fighters, the International Association of Fire 
Chiefs, and the Fraternal Order of Police--for their support of this 
effort.
  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. 385

       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 ``Dale Long Emergency Medical 
     Service Providers Protection Act''.

     SEC. 2. ELIGIBILITY.

       Section 1204 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended--
       (1) in paragraph (7), by striking ``public employee member 
     of a rescue squad or ambulance crew;'' and inserting 
     ``employee or volunteer member of a rescue squad or ambulance 
     crew (including a ground or air ambulance service) that--
       ``(A) is a public agency; or
       ``(B) is (or is a part of) a nonprofit entity serving the 
     public that--
       ``(i) is officially authorized or licensed to engage in 
     rescue activity or to provide emergency medical services; and
       ``(ii) is officially designated as a pre-hospital emergency 
     medical response agency;''; and
       (2) in paragraph (9)--
       (A) in subparagraph (A), by striking ``as a chaplain'' and 
     all that follows through the semicolon, and inserting ``or as 
     a chaplain;'';
       (B) in subparagraph (B)(ii), by striking ``or'' after the 
     semicolon;
       (C) in subparagraph (C)(ii), by striking the period and 
     inserting ``; or''; and
       (D) by adding at the end the following:
       ``(D) a member of a rescue squad or ambulance crew who, as 
     authorized or licensed by law and by the applicable agency or 
     entity (and as designated by such agency or entity), is 
     engaging in rescue activity or in the provision of emergency 
     medical services.''.

     SEC. 3. OFFSET.

       Of the unobligated balances available under the Department 
     of Justice Assets Forfeiture Fund, $12,000,000 are 
     permanently cancelled.

     SEC. 4. EFFECTIVE DATE.

       The amendments made by section 2 shall apply only to 
     injuries sustained on or after June 1, 2009.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Reed, and Mr. Brown of Ohio):
  S. 386. A bill to provide assistance to certain employers and States 
in 2011 and 2012, to improve the long-term solvency of the Unemployment 
Compensation program, and for other purposes; to the Committee on 
Finance.
  Mr. DURBIN. Mr. President, employers in several States, including 
Illinois, are facing an automatic tax increase if Congress doesn't do 
something. That is right. Businesses that are struggling in this 
recession face a Federal tax coming their way if we don't act.
  I am introducing a bill today that will prevent that. This is a time 
when we need to help businesses--small businesses in particular--to 
spend every dime they have on hiring people looking for work.
  Here is why I am introducing the bill.
  Current law requires States that have overdrawn their unemployment 
insurance trust funds to raise taxes on employers to fill that deficit. 
The recession put tens of millions of Americans out of work, and the 
number of people who have been unable to find new work for more than 6 
months is unprecedented in recent history. Unemployment insurance has 
helped these families through a difficult time, and it has been a good 
investment. It is money that has been given to the unemployed that is 
quickly put back into the economy, creating demands for goods and 
services.
  The Congressional Budget Office ranks unemployment benefit payments 
as one of the most stimulative things we can do to turn this economy 
around. So we know it is good economics. That spending is going to help 
drive up demand for what private companies sell, which encourages them 
to hire more workers. But the ferocity of the economic downturn has 
strained the unemployment insurance trust fund in many States.
  Let me be clear. This problem has nothing to do with the operating 
deficits many States are facing. That is a bigger but unrelated 
problem. The UI trust funds can only be used by States to pay 
unemployment insurance, and it is these trust funds that we need to 
return to solvency. That is what the Unemployment Insurance Solvency 
Act, which I have introduced, would do.
  Here is what it specifically sets out to accomplish:
  First, it would waive the requirement that States immediately charge 
local employers higher taxes for the next 2 years. This would save 
companies located in my State of Illinois, for example, over $300 
billion over the next 2 years and save businesses nationwide between $8 
billion and $11 billion between now and the end of 2013.
  Second, it would waive the interest payments that States would 
otherwise be required to pay for the next 2 years. That is going to 
save Illinois $200 million in interest payments over the next 2 years.
  Finally, it gives States--Governors, State legislatures, and local 
employers working together--greater flexibility in figuring out how to 
replenish their unemployment trust fund starting in 2014.
  It would give States three options to explore: First, to restructure 
their UI tax base and rates to fill any hole in the trust fund; second, 
seek forgiveness from the Federal Government for a portion of the debts 
the State might owe to its trust fund in return for entering into a 
long-term solvency plan with the Department of Labor to protect the 
interests of the jobless who need unemployment insurance; third, 
maintain existing solvency that a State has already achieved, earning 
higher Federal UI interest payments and lower Federal UI taxes for its 
employers.
  The President included a version of this proposal in his budget he 
submitted to Congress on Monday. I commend him for it.
  With 13.9 million people out of work and $14 trillion in Federal 
debt, we need to find creative solutions to solve problems facing 
workers and employers. This bill I have introduced, cosponsored by 
Senator Jack Reed of Rhode Island and Senator Sherrod Brown of Ohio, is 
one that I think addresses this issue in a proper manner. It removes 
this new burden on small businesses, a tax burden which can only hold 
them back from hiring the people they need and reducing unemployment, 
and it gives to States that are hard-pressed because of other financial 
problems at least 2 years where they don't need to pay the interest 
they owe on the money for unemployment insurance. It is a stopgap 
emergency measure supported by the Obama administration which I am 
happy to introduce.
  This bill will prevent immediate tax increases on employers. It 
ensures unemployment insurance will be there when workers need it. And 
it does not raise the Federal debt. I urge 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. 386

       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 
     ``Unemployment Insurance Solvency 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. Extension of assistance for States with advances.
Sec. 3. Reduction in the rate of employer taxes.
Sec. 4. Modifications of employer credit reductions.
Sec. 5. Increase in the taxable wage base.
Sec. 6. Voluntary State agreements to abate principal on Federal loans.
Sec. 7. Rewards and incentives for solvent States and employers in 
              those States.

     SEC. 2. EXTENSION OF ASSISTANCE FOR STATES WITH ADVANCES.

       (a) In General.--Section 1202(b)(10)(A) of the Social 
     Security Act (42 U.S.C. 1322(b)(10)(A)) is amended by 
     striking ``2010'' and inserting ``2012'' in the matter 
     preceding clause (i).
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in the enactment of section 
     2004 of the Assistance for Unemployed Workers and Struggling 
     Families Act (Public Law 111-5; 123 Stat. 443).

[[Page 2311]]



     SEC. 3. REDUCTION IN THE RATE OF EMPLOYER TAXES.

       (a) In General.--Section 3301 of the Internal Revenue Code 
     of 1986 is amended--
       (1) in paragraph (1), by striking ``2010 and the first 6 
     months of calendar year 2011'' and inserting ``2013''; and
       (2) in paragraph (2), by striking ``6.0 percent in the case 
     of the remainder of calendar year 2011'' and inserting ``5.78 
     percent in the case of calendar year 2014''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the earlier of--
       (1) the date of the enactment of this Act; or
       (2) July 1, 2011.

     SEC. 4. MODIFICATIONS OF EMPLOYER CREDIT REDUCTIONS.

       (a) Limit on Total Credits.--Section 3302(c) of the 
     Internal Revenue Code of 1986 is amended--
       (1) in paragraph (1), by striking ``90 percent of the tax 
     against which such credits are allowable'' and inserting ``an 
     amount equal to 5.4 percent of the total wages (as defined in 
     section 3306(b)) paid by such taxpayer during the calendar 
     year with respect to employment (as defined in section 
     3306(c))''; and
       (2) in paragraph (2)--
       (A) by striking subparagraphs (B) and (C) and the flush 
     matter following subparagraph (C);
       (B) by striking ``(2) If'' and inserting ``(2)(A) If'';
       (C) by striking ``(A)(i) in'' and inserting ``(i) in'';
       (D) in clause (i) of subparagraph (A), as redesignated by 
     subparagraph (C), by striking ``5 percent of the tax imposed 
     by section 3301 with respect to the wages paid by such 
     taxpayer during such taxable year which are attributable to 
     such State'' and inserting ``an amount equal to 0.3 percent 
     of the total wages (as defined in section 3306(b)) paid by 
     such taxpayer during the calendar year with respect to 
     employment (as defined in section 3306(c))'';
       (E) in clause (ii) of subparagraph (A)--
       (i) by moving such clause 2 ems to the left;
       (ii) by striking ``5 percent, for each such succeeding 
     taxable year, of the tax imposed by section 3301 with respect 
     to the wages paid by such taxpayer during such taxable year 
     which are attributable to such State;'' and inserting ``an 
     amount equal to 0.3 percent of the total wages (as defined in 
     section 3306(b)) paid by such taxpayer during the calendar 
     year with respect to employment (as defined in section 
     3306(c)), for each succeeding taxable year;''; and
       (iii) by striking the semicolon at the end and inserting a 
     period; and
       (F) by adding at the end the following new subparagraph:
       ``(B) The provisions of subparagraph (A) shall be applied 
     with respect to the taxable year beginning January 1, 2011, 
     or any succeeding taxable year by deeming January 1, 2013 to 
     be the first January 1 occurring after January 1, 2010. For 
     purposes of subparagraph (A), consecutive taxable years in 
     the period commencing January 1, 2013, shall be determined as 
     if the taxable year which begins on January 1, 2013, were the 
     taxable year immediately succeeding the taxable year which 
     began on January 1, 2010. No taxpayer shall be subject to 
     credit reductions under this paragraph for taxable years 
     beginning January 1, 2011 and January 1, 2012.''.
       (b) Definitions and Special Rules.--Section 3302(d) of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking paragraphs (1), (4), (5), (6), and (7); and
       (2) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if enacted on January 1, 2011.

     SEC. 5. INCREASE IN THE TAXABLE WAGE BASE.

       (a) In General.--Section 3306 of the Internal Revenue Code 
     of 1986 is amended--
       (1) in subsection (b), by striking ``$7,000'' both places 
     it appears and inserting ``the applicable wage base amount 
     (as defined in subsection (v)(1))''; and
       (2) by adding at the end the following new subsection:
       ``(v) Applicable Wage Base Amount.--
       ``(1) In general.--For purposes of subsection (b)(1), the 
     term `applicable wage base amount' means--
       ``(A) for a calendar year before calendar year 2014, 
     $7,000;
       ``(B) for calendar year 2014, $15,000; and
       ``(C) for calendar years beginning on or after January 1, 
     2015, the amount determined under paragraph (2).
       ``(2) Amount for calendar year 2015 and thereafter.--
       ``(A) Amount.--
       ``(i) In general.--For purposes of paragraph (1)(C), the 
     amount determined under this paragraph for a calendar year is 
     an amount equal to the product of--

       ``(I) the amount of average wage growth for the year (as 
     determined in accordance with subparagraph (B)); and
       ``(II) the applicable wage base amount for the preceding 
     calendar year.

       ``(ii) Rounding.--If the amount determined under clause (i) 
     is not a multiple of $100, such amount shall be rounded to 
     the next higher multiple of $100.
       ``(B) Average wage growth.--
       ``(i) In general.--For purposes of subparagraph (A), the 
     amount of annual wage growth for a calendar year shall be 
     determined by dividing the average annual wage in the United 
     States for the 12-month period ending on the June 30 of the 
     preceding calendar year by the average annual wage in the 
     United States for the 12-month period ending on the second 
     prior June 30, and rounding such ratio to the fifth decimal 
     place.
       ``(ii) Average annual wage.--For purposes of clause (i), 
     using data from the Quarterly Census of Employment and Wages 
     (or a successor program), the average annual wage for a 12-
     month period shall be determined by dividing the total 
     covered wages subject to contributions under all State 
     unemployment compensation laws for such period by the average 
     covered employment subject to contributions under all State 
     unemployment compensation laws for such period, and rounding 
     the result to the nearest whole dollar.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 6. VOLUNTARY STATE AGREEMENTS TO ABATE PRINCIPAL ON 
                   FEDERAL LOANS.

       (a) In General.--Section 1203 of the Social Security Act 
     (42 U.S.C. 1323) is amended--
       (1) by inserting ``(a) Advances.--'' after ``1203''; and
       (2) by adding at the end the following new subsection:
       ``(b) Voluntary Abatement Agreements.--
       ``(1) In general.--The governor of any State that has 
     outstanding repayable advances from the Federal unemployment 
     account pursuant to subsection (a) may apply to the Secretary 
     of Labor to enter into a voluntary principal abatement 
     agreement.
       ``(2) Contents of application.--An application described in 
     paragraph (1) shall include a plan that, based upon 
     reasonable economic projections, describes how the State 
     will, within a reasonable period of time--
       ``(A) repay the outstanding principal on its remaining 
     advance to the Federal unemployment account, less the amount 
     of the principal abatement pursuant to paragraph (4); and
       ``(B) restore the solvency of the State's account in the 
     Unemployment Trust Fund to an average high cost multiple of 
     1.0, as calculated and defined by the United States 
     Department of Labor.
       ``(3) Requirement for plan.--A plan described in paragraph 
     (2) shall be premised on the existing unemployment 
     compensation law of the State and may take into consideration 
     the enactment of any changes in law scheduled to become 
     effective during the life of the plan.
       ``(4) Agreement.--Upon review of the application and 
     satisfaction that the State's plan will meet the repayment 
     and solvency goals described in paragraph (2), the Secretary 
     of Labor may enter into a principal abatement agreement with 
     the State. Such an agreement shall be for a period of no more 
     than 7 years.
       ``(5) Calculation.--Under any voluntary abatement agreement 
     under this subsection, the amount of principal abatement 
     shall be calculated as follows:
       ``(A) The State's repayable advances as of the date of the 
     enactment of this subsection or December 31, 2011, whichever 
     is earlier, shall be multiplied by a loan forgiveness 
     multiplier.
       ``(B) The State's loan forgiveness multiplier shall be 
     calculated on the same basis as the temporary increase of 
     Medicaid FMAP under section 5001(c)(2)(A) of division B of 
     the American Recovery and Reinvestment Act of 2009, using the 
     State's additional FMAP tier as of December 31, 2010. In the 
     case of a State that meets the criteria described in--
       ``(i) clause (i) of such section 5001(c)(2)(A), the loan 
     multiplier shall be 0.2.
       ``(ii) clause (ii) of such section 5001(c)(2)(A), the loan 
     multiplier shall be 0.4.
       ``(iii) clause (iii) of such section 5001(c)(2)(A), the 
     loan multiplier shall be 0.6.
       ``(C) The annual amount of principal abatement shall equal 
     one-seventh of the total amount of principal abatement.
       ``(6) Certification.--Under any voluntary abatement 
     agreement under this subsection, the State shall certify that 
     during the period of the agreement--
       ``(A) the method governing the computation of regular 
     unemployment compensation under the State law of the State 
     will not be modified in a manner such that the average weekly 
     benefit amount of regular unemployment compensation which 
     will be payable during the period of the agreement will be 
     less than the average weekly benefit amount of regular 
     unemployment compensation which would have otherwise been 
     payable under the State law as in effect on the date of the 
     enactment of this subsection;
       ``(B) State law will not be modified in a manner such that 
     any unemployed individual who would be eligible for regular 
     unemployment compensation under the State law in effect on 
     such date of enactment would be ineligible for regular 
     unemployment compensation during the period of the agreement 
     or would be subject to any disqualification during the period 
     of the agreement that the individual would not have been 
     subject to under the State law in effect on such date of 
     enactment;

[[Page 2312]]

       ``(C) State law will not be modified in a manner such that 
     the maximum amount of regular unemployment compensation that 
     any unemployed individual would be eligible to receive in a 
     benefit year during the period of the agreement will be less 
     than the maximum amount of regular unemployment compensation 
     that the individual would have been eligible to receive 
     during a benefit year under the State law in effect on such 
     date of enactment; and
       ``(D) upon a determination by the Secretary of Labor that 
     the State has modified State law in a manner inconsistent 
     with the certification described in the preceding provisions 
     of this paragraph or has failed to comply with any 
     certifications required by this paragraph, the State shall be 
     liable for any principal previously abated under the 
     agreement.
       ``(7) Transfer.--Under a voluntary abatement agreement 
     under this subsection, a transfer of the annual amount of the 
     principal abatement shall be made to the State's account in 
     the Unemployment Trust Fund on December 31st of the year in 
     which the agreement is executed so long as the State has 
     complied with the terms of the agreement. For each subsequent 
     year that the Secretary of Labor certifies that the State is 
     in compliance with the terms of the agreement, the annual 
     amount of the State's principal abatement will be credited to 
     its outstanding loan balance. If the loan balance reaches 
     zero while the State still has a remaining principal 
     abatement amount, the remaining amount shall be made as a 
     positive balance transfer to the State's account in the 
     Unemployment Trust Fund.
       ``(8) Regulations.--The Secretary of Labor shall promulgate 
     such regulations as are necessary to implement this 
     subsection. Such regulations shall include--
       ``(A) standards prescribing a reasonable period of time for 
     a State plan to reach a solvency level equal to an average 
     high cost multiple of 1.0, taking into account the economic 
     conditions and level of insolvency of the State,; and
       ``(B) guidelines for insuring progress toward solvency for 
     States with agreements that include plans that require more 
     than 7 years to reach an average high cost multiple of 
     1.0.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 7. REWARDS AND INCENTIVES FOR SOLVENT STATES AND 
                   EMPLOYERS IN THOSE STATES.

       (a) Increased Interest for Solvent States.--
       (1) In general.--Section 904(e) of the Social Security Act 
     (42 U.S.C. 1104(e)) is amended by adding at the end the 
     following new flush sentences:
     ``The separate book account for each State agency shall be 
     augmented by 0.5 percent over the rate of interest provided 
     in subsection (b) when the State maintains reserves in the 
     account that equal or exceed an average high cost multiple of 
     1.0 as defined by the Secretary of Labor as of December 31st 
     of the preceding year. The State may apply the additional 
     funds to support State administration pursuant to the 
     requirements in section 903(c).''.
       (b) Lower Rate of Tax for Solvent States.--
       (1) In general.--Section 3301 of the Internal Revenue Code 
     of 1986, as amended by section 3, is amended by adding at the 
     end the following new sentence: ``For the second 6-month 
     period of 2011 or for each calendar year thereafter, in the 
     case of a State that maintains reserves in the State's 
     separate book account that equal or exceed an average high 
     cost multiple of 1.0 as of December 31st of the year 
     preceding the period or year involved, paragraph (1) shall be 
     applied for such period or year in the State by substituting 
     `6.0 percent' for `6.2 percent' or, as the case may be, 
     paragraph (2) shall be applied for such period or year in the 
     State by substituting `5.68 percent' for `5.78 percent'.''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect on the earlier of--
       (A) the date of the enactment of this Act; or
       (B) July 1, 2011.
                                 ______
                                 
      By Mrs. BOXER (for herself, Mr. Casey, Mr. Tester, Mr. Manchin, 
        Mr. Warner, Mr. Wyden, Mr. Bennet, and Mr. Nelson of Nebraska):
  S. 388. A bill to prohibit Members of Congress and the President from 
receiving pay during Government shutdowns; to the Committee on Homeland 
Security and Governmental Affairs.
  Mrs. BOXER. Mr. President, I send a bill to the desk on behalf of 
myself and Senators Casey, Tester, Manchin, Warner, and Wyden.
  I want to explain it. I hope we will see action on this bill in the 
near future because we are on very delicate ground right now as we try 
to resolve the budget issues before us.
  We have two sides to the legislative branch--the House and the 
Senate. I think we have very different approaches to this deficit 
problem which is quite real. Both sides should be respectful of each 
other. But the messages I am getting via the media in terms of the 
language being used on the other side is: We don't really much care 
what the Senate thinks. It is kind of ``our way or the highway'' type 
of rhetoric.
  The problem with this is that the type of cuts that are coming from 
the House side, from our Republican friends over there, a columnist 
tells us will cost 800,000 jobs to this Nation. Mr. President, 800,000 
jobs will be lost if we do not make some changes to what they have 
done.
  As someone from a State that has a very tough economic climate and 
trying to climb out of this recession, that is just extreme. It is just 
extreme.
  Are we willing to make cuts? Yes. It is my belief both sides have to 
sit down and work this out. We believe there are cuts to be made. They 
have come out with cuts. We need to work together. But here is what 
troubles me, and this is why I introduce this legislation. What 
troubles me is there seems to be more and more threats of a government 
shutdown. In the early days of the new House leadership we did not hear 
that. Now we are hearing it.
  In Politico, one of the headlines recently said: ``McConnell won't 
take shutdown off the table.'' That refers to our Republican leader.
  In Reuters, Republican majority leader Eric Cantor ``refused . . . to 
rule out the possibility of a government shutdown.''
  Republican Senator Mike Lee said: ``The 1995 government shutdown was 
just an inconvenience.''
  I have to tell you, it is a lot more than an inconvenience when 
senior citizens cannot get help getting their Social Security or 
veterans on disability cannot get their help. Hospitals close down. 
Projects shut down. These are real people out there. A lot of 
contractors in the private sector rely on the government operating, 
such as road projects, bridges being repaired, and the rest. It is 
radical to say that a government shutdown is an inconvenience. It is a 
failure. A government shutdown is a failure of those of us who are here 
to act like adults and resolve our differences.
  CNN said:

       Top Republican on the Senate Budget Committee said he's not 
     ruling out the possibility of a government shutdown.

  The way Speaker Boehner spoke today had, to me, kind of a ``take it 
or leave it'' tone to it.
  I have to tell you, that budget over there not only threatens 800,000 
jobs, but they legislated on appropriations. They legislated on an 
appropriations bill. They decided that women should not have access to 
a full range of reproductive health care. They are bringing in the 
issue of abortion on a budget bill. I think the issue of a woman's 
right to choose and her reproductive health care and getting Pap 
screenings and cancer screenings is important, and we should debate 
that. If people want to repeal Roe v. Wade, let's debate that here.
  What they have done with the Clean Air Act--and I know my friend 
sitting in the chair cares so much about this issue. The Clean Air Act 
was brought to us by Richard Nixon. It had bipartisan support.
  What they do is prohibit the Environmental Protection Agency from 
enforcing the Clean Air Act as it relates to carbon pollution--
pollution that is dangerous for our families, that endangers the lives 
and health of our families. That is what the Bush administration said 
when they were in charge, let alone the Obama administration.
  Rather than bringing to the floor a bill to repeal the Clean Air 
Act--I would welcome that debate, and I know my friend would as well--
they do this through the back door and tell the Environmental 
Protection Agency they cannot protect us from pollution.
  That is not what the American people expect to be in a simple budget 
document. We have to cut some programs. Let's cut some programs. Let's 
not change abortion law on it. Let's not bring up how to repeal the 
Clean Air Act on it. Let's not eviscerate law settlements. They have 
done a range of

[[Page 2313]]

things which require debate. I would love to put these questions to the 
American people. I can tell you that people in my home State think 
government has no business in the issue of a woman's health. Stay away. 
That is what they say. We will make up our own minds. Some of us are 
pro-choice, some of us are not, but don't tell us what to believe. That 
is the thought of the majority of the people in my State. They do not 
want Big Brother and the government telling people what to do. Yet they 
put it on a budget bill. That doesn't make any sense.
  Let me tell you, the people in my State want clean air. In all the 
years I have been in office--and the President and I have been around a 
while and holding different offices--not one of my constituents has 
ever came up to me and said: Barbara, we need dirty air. The air is too 
clean. The water is too pure. The lakes are too pristine. The beaches 
are gorgeous. No. They want us to make sure we protect them from 
pollution so their kids can breathe the air and not get asthma. So our 
friends on the other side have these gargantuan cuts, and in addition 
to these cuts--which will cost us, according to Senator Inouye, 800,000 
jobs--800,000 jobs--they have legislated issues that are contentious 
and don't belong on a budget bill.
  Here is the deal. I am worried they might say to us: It is our way or 
the highway. I am worried about that. That is what I am starting to 
hear. They may lead us into a government shutdown if we fail to act 
like adults and resolve this and keep the contentious issues off the 
budget and cut reasonably and sensibly so we don't cause more 
unemployment. If we can figure that out and meet each other halfway and 
everything else you do when you compromise, we will be fine. But if 
that isn't the case, I wish to be sure Members of Congress suffer just 
as much as any Federal employee. So I have written this bill, with my 
colleagues, to say that in the event of a government shutdown or a 
failure to lift the debt ceiling and we start defaulting on our 
commitments, Members of Congress will not get paid because Members of 
Congress don't deserve to be paid if we can't act like adults and 
negotiate this.
  I am so tired of the hypocrisy I have seen. I know it is a strong 
word, and I am not leveling it at any particular individual, but I have 
to tell you, there are Members of the House who said ObamaCare is 
terrible, but then they took it for themselves. So what price are they 
paying? They vote no on health care for everybody else, but they keep 
government health care. It is wrong. A lot of them are sleeping in 
their offices. Tell me one other person who is allowed to sleep in the 
office of their corporation they work for. As far as I know, there is 
nobody. They do not pay any rent. They sleep in their offices.
  So they do all these things: They do not help the housing crisis. 
They sleep in their offices. They would not vote for health care, but 
they take government health care. Now they might shut down the 
government. Yet while Federal employees will not get paid, they will 
get paid--no way, wrong, not fair. They have to pay a price for all 
their extremism.
  So I hope we will pass this bill and send it over to the House and 
the House can decide if they think this is right. This is what I would 
like to take to the American people. Because if they shut down the 
government or they fail to raise the debt ceiling and we start to 
default and they pay no price, it is not fair. We cannot stamp our feet 
and say: It is the way I want it or I am taking my marbles and I am 
going home--or my teddy bear or my blanket or whatever. You can't do 
that.
  This is the greatest country in the world. As my friend, Senator 
Sanders, who is in the chair, so beautifully said last night on a news 
show--and it was so well done--the middle class is hurting. Real income 
is going down. As we look at these budget cuts, we have to think about 
that. I am thinking a lot about it, and I am seeing hundreds of 
thousands of jobs being lost by the middle class, not by the wealthy 
few. They are not going to be touched by this.
  So this is a very simple bill. I will read what it says:

       Members of Congress and the President shall not receive 
     basic pay for any period in which there is more than a 24-
     hour lapse in appropriations for any Federal agency or 
     department as a result of a failure to enact a regular 
     appropriations bill or a continuing resolution, or if the 
     Federal Government is unable to make payments or meet 
     obligations because the debt limit has been reached.

  So simple. So I am calling on my colleagues on the other side of the 
aisle to take the option of a government shutdown off the table. I hope 
this legislation will nudge them in that direction. Let them think 
about what it is like not to get paid. Because if they shut down the 
Federal Government, a whole lot of folks would not get paid. A lot of 
people in the private sector would not get paid and a lot of people on 
pensions would not get paid. The only people who would be exempted, 
pretty much, are Members of Congress, and we have to put an end to that 
dichotomy.
  I thank the Chair for all his leadership on behalf of the middle 
class and the working poor and I think the hypocrisy has to end. I feel 
we have to come to this floor and start telling the American people the 
truth. The truth is: The cuts over there on the other side are going to 
hurt the middle class. They are extreme. They have added language that 
doesn't belong on a budget bill. Even though they said they were about 
jobs, jobs, jobs, and maybe they were--how to lose another 800,000 
jobs, maybe that is what they meant--nobody thought the first thing 
they would do is come in and attach abortion language and family 
planning language and eviscerate the EPA's ability to clean up carbon 
pollution on a budget bill. So we have to start letting the American 
people know because they are busy and they do not get to read all the 
ins and outs of what happens here. We have to put it in straightforward 
language.
  Today is a very good day in the Senate. We have been brought 
together, and a lot of that credit goes to Senator Rockefeller and 
Senator Hutchison. I am proud to serve on their committee. We are doing 
a good job and working together. We have worked out our problems. We 
had problems with new flights out of National, and no one thought we 
could resolve it. But we were happy to work together--Republicans, 
Democrats, people from the East and the West and the Midwest--and we 
showed we can do something here today. As a result, we are about to 
pass a very good bill.
  My own bill of rights is in this bill, and I am thrilled about that. 
It was a Boxer-Snowe bill. It has been incorporated in here. It says if 
you get stuck on an airline, you should be able to expect that you will 
have water and nourishment and that the toilets will not be overflowing 
and that if the plane is stuck for 3 hours, you should be able to have 
the option to get off that flight.
  So listen, there are good things we can do. We have proven it here 
today. But I am getting increasingly nervous about the threats of a 
government shutdown. I think if Members know it isn't just pain that is 
going to be inflicted on someone else but they will have pain inflicted 
on themselves and their families as well, maybe they will take that 
option off the table.
                                 ______
                                 
      By Mr. REED (for himself, Mr. Grassley, Mr. Begich, Mr. 
        Blumenthal, Ms. Collins, Mr. Kerry, Mr. Lautenberg, Mr. 
        Sanders, Ms. Stabenow, and Mr. Whitehouse):
  S. 393. A bill to aid and support pediatric involvement in reading 
and education; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. REED. Mr. President, today I introduce with my colleague, Senator 
Grassley, the Prescribe a Book Act. I thank Senators Begich, 
Blumenthal, Collins, Kerry, Lautenberg, Sanders, Stabenow, and 
Whitehouse for joining us as original cosponsors of this bipartisan 
bill.
  Our legislation would create a federal pediatric early literacy grant 
initiative based on the long-standing, successful Reach Out and Read 
program. The program would award grants on a competitive basis to high-
quality non-profit

[[Page 2314]]

entities to train doctors and nurses in advising parents about the 
importance of reading aloud and to give books to children at pediatric 
check-ups from 6 months to 5 years of age, with a priority for children 
from low-income families. It builds on the relationship between parents 
and medical providers and helps families and communities encourage 
early literacy skills so children enter school prepared for success in 
reading.
  Since fiscal year 2000, Federal funding for Reach Out and Read 
through the Department of Education has been an essential piece of a 
successful public-private partnership that has been matched by tens of 
millions of dollars from the private sector and State governments. This 
funding has supported the training of nearly 50,000 health care 
providers in literacy promotion, and the operation of programs in more 
than 4,100 clinics and hospitals nationwide, including the 40 sites 
that operate in Rhode Island. The Prescribe a Book Act would establish 
a formal authorization for this successful partnership activity.
  The Reach Out and Read model has consistently demonstrated 
effectiveness in increasing parent involvement and boosting children's 
reading proficiency. Research published in peer-reviewed, scientific 
journals has found that parents who have participated in the program 
are significantly more likely to read to their children and include 
more children's books in their home, and that children served by the 
program show an increase of 4-8 points on vocabulary tests. I have seen 
up-close the positive impact of this program on children and their 
families when visiting a number of Rhode Island's Reach Out and Read 
sites.
  I urge my colleagues to cosponsor the Prescribe a Book Act.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 393

       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 ``Prescribe A Book Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Eligible entity.--The term ``eligible entity'' means a 
     nonprofit organization that has, as determined by the 
     Secretary, demonstrated effectiveness in the following areas:
       (A) Providing peer-to-peer training to healthcare providers 
     in research-based methods of literacy promotion as part of 
     routine pediatric health supervision visits.
       (B) Delivering a training curriculum through a variety of 
     medical education settings, including residency training, 
     continuing medical education, and national pediatric 
     conferences.
       (C) Providing technical assistance to local healthcare 
     facilities to effectively implement a high-quality Pediatric 
     Early Literacy Program.
       (D) Offering opportunities for local healthcare facilities 
     to obtain books at significant discounts, as described in 
     section 7.
       (E) Integrating the latest developmental and educational 
     research into the training curriculum for healthcare 
     providers described in subparagraph (B).
       (2) Pediatric early literacy program.--The term ``Pediatric 
     Early Literacy Program'' means a program that--
       (A) creates and implements a 3-part model through which--
       (i) healthcare providers, doctors, and nurses, trained in 
     research-based methods of early language and literacy 
     promotion, encourage parents to read aloud to their young 
     children, and offer developmentally appropriate 
     recommendations and strategies to parents for the purpose of 
     reading aloud to their children;
       (ii) healthcare providers, at health supervision visits, 
     provide each child between the ages of 6 months and 5 years a 
     new, developmentally appropriate children's book to take home 
     and keep; and
       (iii) volunteers in waiting areas of healthcare facilities 
     read aloud to children, modeling for parents the techniques 
     and pleasures of sharing books together;
       (B) demonstrates, through research published in peer-
     reviewed journals, effectiveness in positively altering 
     parent behavior regarding reading aloud to children, and 
     improving expressive and receptive language in young 
     children; and
       (C) receives the endorsement of nationally recognized 
     medical associations and academies.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.

     SEC. 3. PROGRAM AUTHORIZED.

       The Secretary is authorized to award grants to eligible 
     entities to enable the eligible entities to implement 
     Pediatric Early Literacy Programs.

     SEC. 4. APPLICATIONS.

       An eligible entity that desires to receive a grant under 
     section 3 shall submit an application to the Secretary at 
     such time, in such manner, and including such information as 
     the Secretary may reasonably require.

     SEC. 5. MATCHING REQUIREMENT.

       An eligible entity receiving a grant under section 3 shall 
     provide, either directly or through private contributions, 
     non-Federal matching funds equal to not less than 50 percent 
     of the grant received by the eligible entity under section 3. 
     Such matching funds may be in cash or in-kind.

     SEC. 6. USE OF GRANT FUNDS.

       (a) In General.--An eligible entity receiving a grant under 
     section 3 shall--
       (1) enter into contracts with private nonprofit 
     organizations, or with public agencies, selected based on the 
     criteria described in subsection (b), under which each 
     contractor will agree to establish and operate a Pediatric 
     Early Literacy Program;
       (2) provide such training and technical assistance to each 
     contractor of the eligible entity as may be necessary to 
     carry out this Act; and
       (3) include such other terms and conditions in an agreement 
     with a contractor as the Secretary determines to be 
     appropriate to ensure the effectiveness of such programs.
       (b) Contractor Criteria.--Each contractor shall be selected 
     under subsection (a)(1) on the basis of the extent to which 
     the contractor gives priority to serving a substantial number 
     or percentage of at-risk children, including--
       (1) children from families with an income below 200 percent 
     of the poverty line (as defined by the Office of Management 
     and Budget and revised annually in accordance with section 
     673(2) of the Community Services Block Grant Act (42 U.S.C. 
     9902(2)) applicable to a family of the size involved, 
     particularly such children in high-poverty areas;
       (2) children without adequate medical insurance;
       (3) children enrolled in a State Medicaid program, 
     established under title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) or in the State Children's Health 
     Insurance Program established under title XXI of such Act (42 
     U.S.C. 1397aa et seq.);
       (4) children living in rural areas;
       (5) migrant children; and
       (6) children with limited access to libraries.

     SEC. 7. RESTRICTION ON PAYMENTS.

       The Secretary shall make no payment to an eligible entity 
     under this Act unless the Secretary determines that the 
     eligible entity or a contractor of the eligible entity, as 
     the case may be, has made arrangements with book publishers 
     or distributors to obtain books at discounts that are at 
     least as favorable as discounts that are customarily given by 
     such publisher or distributor for book purchases made under 
     similar circumstances in the absence of Federal assistance.

     SEC. 8. REPORTING REQUIREMENT.

       An eligible entity receiving a grant under section 3 shall 
     report annually to the Secretary on the effectiveness of the 
     program implemented by the eligible entity and the programs 
     instituted by each contractor of the eligible entity, and 
     shall include in the report a description of each program.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     Act $15,000,000 for fiscal year 2012 and such sums as may be 
     necessary for each of the succeeding 4 fiscal years.
                                 ______
                                 
      By Mr. KOHL (for himself, Mr. Grassley, Mr. Leahy, Ms. Snowe, Mr. 
        Durbin, Mr. Schumer, and Mr. Lautenberg):
  S. 394. A bill to amend the Sherman Act to make oil-producing and 
exporting cartels illegal; to the Committee on the Judiciary.
  Mr. KOHL. Mr. President, I rise today to introduce the No Oil 
Producing and Exporting Cartels Act, NOPEC. This legislation will 
authorize our government, for the first time, to take action against 
the illegal conduct of the OPEC oil cartel. It is time for the U.S. 
government to fight back against efforts to fix the price of oil and 
hold OPEC accountable when it acts illegally. Our legislation will hold 
OPEC member nations to account under U.S. antitrust law when they agree 
to limit supply or fix price in violation of the most basic principles 
of free competition.
  NOPEC will authorize the Attorney General to file suit against 
nations or other entities that participate in a conspiracy to limit the 
supply, or fix the price, of oil. In addition, it will specify that the 
doctrines of sovereign immunity and act of state do not exempt nations 
that participate in oil cartels

[[Page 2315]]

from basic antitrust law. I have introduced this legislation in each 
Congress since 2000. This legislation passed the full Senate in the 
110th Congress by a vote of 70-23 in June 2007 as an amendment to the 
2007 Energy Bill before being stripped from that bill in the conference 
committee. The identical House version of NOPEC also passed the other 
body as stand alone legislation in the 110th Congress in 2007 by an 
overwhelming 345-72 vote. It is now time for us to at last pass this 
legislation into law and give our nation a long needed tool to 
counteract this pernicious and anti-consumer conspiracy.
  Since January 2009 the cost of crude oil has more than doubled, 
reaching today's level of $96 per barrel. Likewise, throughout 2009 and 
2010, gasoline prices have marched steadily upward, soaring to over $3 
a gallon in January 2011, a price that has nearly doubled in little 
over two years. And recently, OPEC ministers indicated that they may 
decide against an increase an output in 2011, saying in the final days 
of 2010 that the world economy can tolerate a $100 per barrel price. So 
it is clear that the global oil cartel remains a major force conspiring 
to raise oil prices to the detriment of American consumers.
  The actions of the OPEC cartel in recent years demonstrate the 
dangers it presents. A good example occurred at the end of 2008. On 
October 24, 2008, OPEC agreed to cut production by 1.5 million barrels 
a day, and less than two months later, on December 17, 2008, OPEC 
agreed to a further 2.2 million barrels a day production cut. OPEC made 
no secret of its motivation for these production cuts. OPEC President 
Chakib Khelil put it very simply in an interview published December 23, 
2008, ``Without these cuts, I don't think we'd be seeing $43 [per 
barrel] today, we'd have seen in the $20's. . . . [H]opefully by the 
third quarter [of 2009] we will see prices rising.'' In another 
interview in December, Khelil was quoted as saying ``The stronger the 
decision [to cut production], the faster prices will pick up.'' Sure 
enough, oil prices resumed their march upwards in 2009, and now is more 
than $90 per barrel.
  Since cutting its output in this manner at the end of 2008, OPEC has 
not officially changed its output policy for more than two years. Oil 
prices have surged nearly $30 since last summer, and OPEC's Secretary 
General Abdalla Salem El-Badri confirmed there would not be an increase 
in output, claiming in January 2011 that, ``At the moment there is more 
than enough oil on the market.''
  When the price of crude oil rises as a result of these actions by 
OPEC, there is no doubt that millions of American consumers feel the 
pinch every time they visit the gas pump. The Federal Trade Commission 
has estimated that 85 percent of the variability in the cost of 
gasoline is the result of changes in the cost of crude oil.
  Such blatantly anti-competitive conduct by the oil cartel violates 
the most basic principles of fair competition and free markets and 
should not be tolerated. If private companies engaged such an 
international price fixing conspiracy, there would no question that it 
would be illegal. The actions of OPEC should be treated no differently 
because it is a conspiracy of nations.
  For years, this price fixing conspiracy of OPEC nations has unfairly 
driven up the cost of imported crude oil to satisfy the greed of the 
oil exporters. We have long decried OPEC, but, sadly, no one in 
government has yet tried to take any action. This NOPEC legislation 
will, for the first time, establish clearly and plainly that when a 
group of competing oil producers like the OPEC nations act together to 
restrict supply or set prices, they are violating U.S. law.
  It is also important to point out that this legislation will not 
authorize private lawsuits. It only authorizes the Attorney General to 
file suit under the antitrust laws for redress. It will always be in 
the discretion of the Justice Department and the President as to 
whether to take action to enforce NOPEC. Our legislation will not 
require the government to bring a legal action against OPEC member 
nations, and no private party will have the ability to bring such an 
action. This decision will entirely remain in the discretion of the 
executive branch. Our NOPEC legislation will give our law enforcement 
agencies a tool to employ against the oil cartel but the decision on 
whether to use this tool will entirely be up to the Justice Department 
and, ultimately, the President. They can use this tool as they see 
fit--to file a legal action, to jawbone OPEC in diplomatic discussions, 
or defer from any action should they judge foreign policy or other 
considerations warrant it.
  NOPEC will also make plain that the nations of OPEC cannot hide 
behind the doctrines of ``sovereign immunity'' or ``act of state'' to 
escape the reach of American justice. In so doing, our amendment will 
overrule one 28 year old lower court decision which incorrectly failed 
to recognize that the actions of OPEC member nations was commercial 
activity exempt from the protections of sovereign immunity.
  The most fundamental principle of a free market is that competitors 
cannot be permitted to conspire to limit supply or fix price. There can 
be no free market without this foundation. And we should not permit any 
nation to flout this fundamental principle.
  Our NOPEC legislation will, for the first time, enable our Justice 
Department to take legal action to combat the illegitimate price-fixing 
conspiracy of the oil cartel. It will, at a minimum, have a real 
deterrent effect on nations that seek to join forces to fix oil prices 
to the detriment of consumers. This legislation will be the first real 
weapon the U.S. Government has ever had to deter OPEC from its 
seemingly endless cycle of supply cutbacks designed to raise price. It 
will mean that OPEC member nations will face the possibility of real 
and substantial antitrust sanctions should they persist in their 
illegal conduct. It will also deter additional nations who may today be 
considering joining OPEC.
  I urge my colleagues to support our NOPEC legislation so that our 
nation will finally have an effective means to combat this price-fixing 
conspiracy of oil-rich nations.
  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. 394

       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 ``No Oil Producing and 
     Exporting Cartels Act of 2011'' or ``NOPEC''.

     SEC. 2. SHERMAN ACT.

       The Sherman Act (15 U.S.C. 1 et seq.) is amended by adding 
     after section 7 the following:

     ``SEC. 7A. OIL PRODUCING CARTELS.

       ``(a) In General.--It shall be illegal and a violation of 
     this Act for any foreign state, or any instrumentality or 
     agent of any foreign state, to act collectively or in 
     combination with any other foreign state, any instrumentality 
     or agent of any other foreign state, or any other person, 
     whether by cartel or any other association or form of 
     cooperation or joint action--
       ``(1) to limit the production or distribution of oil, 
     natural gas, or any other petroleum product;
       ``(2) to set or maintain the price of oil, natural gas, or 
     any petroleum product; or
       ``(3) to otherwise take any action in restraint of trade 
     for oil, natural gas, or any petroleum product;

     when such action, combination, or collective action has a 
     direct, substantial, and reasonably foreseeable effect on the 
     market, supply, price, or distribution of oil, natural gas, 
     or other petroleum product in the United States.
       ``(b) Sovereign Immunity.--A foreign state engaged in 
     conduct in violation of subsection (a) shall not be immune 
     under the doctrine of sovereign immunity from the 
     jurisdiction or judgments of the courts of the United States 
     in any action brought to enforce this section.
       ``(c) Inapplicability of Act of State Doctrine.--No court 
     of the United States shall decline, based on the act of state 
     doctrine, to make a determination on the merits in an action 
     brought under this section.
       ``(d) Enforcement.--
       ``(1) In general.--The Attorney General of the United 
     States may bring an action to enforce this section in any 
     district court of the United States as provided under the 
     antitrust laws.
       ``(2) No private right of action.--No private right of 
     action is authorized under this section.''.

[[Page 2316]]



     SEC. 3. SOVEREIGN IMMUNITY.

       Section 1605(a) of title 28, United States Code, is 
     amended--
       (1) in paragraph (6), by striking ``or'' after the 
     semicolon;
       (2) in paragraph (7), by striking the period and inserting 
     ``; or''; and
       (3) by adding at the end the following:
       ``(8) in which the action is brought under section 7A of 
     the Sherman Act.''.
                                 ______
                                 
      By Mr. BINGAMAN (for himself and Ms. Murkowski):
  S. 398. A bill to amend the Energy Policy and Conservation Act to 
improve energy efficiency of certain appliances and equipment, and for 
other purposes; to the Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, today I am pleased to join with Senator 
Murkowski, the Ranking Member of the Committee on Energy and Natural 
Resources, in introducing the Implementation of National Consensus 
Appliance Agreements Act of 2011, INCAAA. This bill is an updated 
version of the appliance energy efficiency standards legislation, S. 
3925, that apparently came within a single Senate vote of passage by 
unanimous consent last December, as the 111th Congress drew to a close.
  As with the six appliance energy efficiency laws that have been 
enacted since 1986, this bill enjoys consensus support among appliance 
manufacturers, energy efficiency advocates, and consumer groups. Such 
broad support is to be expected, given the bill's many benefits. It 
would reduce the regulatory burden on appliance manufacturers, 
increasing their profitability and their ability to protect and create 
jobs; reduce national energy and water demand, slowing the need for new 
energy and water supplies, freeing capital for other investments and 
making our economy more competitive overall; save consumers money on 
their monthly energy and water bills, freeing household income for 
spending in other areas; and reduce power plant emissions and other 
environmental costs of energy production.
  At the core of this bill are the appliance efficiency provisions that 
were reported with bipartisan support from the Committee on Energy and 
Natural Resources in 2009 as a part of the comprehensive energy 
legislation, the American Clean Energy Leadership Act, ACELA, S. 1462. 
INCAAA also includes the amendments reported from the Committee in May 
2010 to enhance ACELA. Finally, INCAAA includes several more-recent 
agreements and revisions on appliance efficiency that have been reached 
by industry, energy advocacy, and consumer stake holders.
  I note that there are continuing discussions among stakeholders on 
Section 2(a) regarding the definition of ``energy conservation 
standard'' and whether this term should allow an efficiency standard to 
have more than one metric. For example, that a standard could require a 
specified energy efficiency and also, say, specific water efficiency or 
smart grid capability, or some other additional performance measures. 
Stakeholders have agreed to allow inclusion of this provision in the 
bill for the purposes of introduction while discussions continue. Also 
under continuing discussion are provisions regarding reflector lamps. 
The Department of Energy is scheduled to complete its current 
rulemaking for these products this August and stakeholders continue to 
negotiate what guidance could be given the Department for future 
rulemakings. I am committed to working with all stakeholders to resolve 
these issues as the legislative process moves forward.
  From a business point-of-view, INCAAA's greatest value is as a 
regulatory-reform bill. 25 years ago, the national appliance market was 
in danger of become unmanageably Balkanized because certain States were 
beginning to enact appliance efficiency standards in response their 
power supply problems. Faced with a growing patchwork of state 
standards, industry joined with energy efficiency and consumer groups 
to support Federal authority to pre-empt state standards and thereby 
assure a single national market for appliances.
  INCAAA, as with the five appliance standards laws enacted since 1986, 
would go a step further than simple Federal pre-emption of state 
standards by enacting consensus standards that are negotiated among the 
stakeholders as the Federal standards. By directly enacting consensus 
standards as Federal standards, these laws have the added benefit of 
saving the time, cost, and uncertainty associated with a formal Federal 
rulemaking.
  INCAAA would enact standards agreed to by the manufacturers of the 
covered products and by the Nation's leading energy efficiency groups, 
the Alliance to Save Energy, the American Council for an Energy 
Efficient Economy, and the Natural Resources Defense Council. These 
include new efficiency standards for certain outdoor lighting, as 
supported by the National Electrical Manufacturers Association and 
major lighting manufacturers such as General Electric, Osram Sylvania, 
and Philips; increased efficiency standards for furnaces, heat pumps 
and central air conditioners, as supported by the Air-Conditioning, 
Heating and Refrigeration Institute and its dozens of member companies 
including Carrier, Johnson Controls, Rheem, Lennox, Nordyne, Goodman 
and Trane. The furnace provisions are also supported by the American 
Gas Association; and Increased energy and water efficiency standards 
for refrigerators and freezers, clothes washers and dryers, 
dishwashers, and room air-conditioners, as supported by the Association 
of Home Appliance Manufacturers and its many member companies including 
Electrolux, General Electric, Sub-Zero, and Whirlpool.
  INCAAA also includes consensus standards that were earlier reported 
by the Energy Committee on smaller classes of products such as drinking 
water dispensers, hot food holding cabinets, electric spas, pool 
heaters, and consensus standards that were negotiated more recently for 
service-over-the-counter refrigerators.
  The American Council for an Energy-Efficient Economy estimates that 
INCAAA would save the Nation nearly 850 Trillion Btus of energy each 
year by 2030--enough energy to meet the needs of 4.6 million typical 
American households. For comparison, the states of Utah and Connecticut 
each used just over 800 Trillion Btus of energy in 2008. Result in net 
economic savings, benefits minus costs, to consumers of more than $43 
billion annually by 2030. Save nearly 5 trillion gallons of water 
annually by 2030, roughly the amount needed to meet the current needs 
of every customer in Los Angeles for 25 years. Improve the environment 
by reducing annual carbon dioxide emissions by about 47 million metric 
tons in 2030.
  The Department of Energy's appliance standards program has been one 
of the nation's most powerful and successful tools for promoting energy 
and economic efficiency. ACEEE estimates that by 2010 appliance 
efficiency standards had reduced national non-transportation energy use 
to 7 percent below what it would otherwise be. For comparison, 7 
percent of energy consumption in the U.S. is more than the annual 
energy consumption of Florida or New York. Standards not only defer the 
construction of power plants, but also all of their associated costs 
for planning, siting, operating, fueling, maintaining, and the 
environmental costs of their emissions, and the costs associated with 
the distribution of that energy.
  Finally, INCAAA contains no authorizations. Based on the CBO analysis 
conducted last year on ACELA, it is clear that this bill would not 
incur any no new spending.
  This legislation represents government at its best, as a catalyst, 
bringing together stakeholders on consensus solutions to complex 
problems. I urge my colleagues to join us in supporting enactment of 
INCAAA and reaching the goal that was so narrowly missed last December.
  Mr. President, I ask unanimous consent that the text of the bill and 
a bill summary be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 398

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

[[Page 2317]]



     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Implementation of National Consensus Appliance Agreements 
     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. Energy conservation standards.
Sec. 3. Energy conservation standards for heat pump pool heaters.
Sec. 4. GU-24 base lamps.
Sec. 5. Efficiency standards for bottle-type water dispensers, 
              commercial hot food holding cabinets, and portable 
              electric spas.
Sec. 6. Test procedure petition process.
Sec. 7. Amendments to home appliance test methods.
Sec. 8. Credit for Energy Star smart appliances.
Sec. 9. Video game console energy efficiency study.
Sec. 10. Refrigerator and freezer standards.
Sec. 11. Room air conditioner standards.
Sec. 12. Uniform efficiency descriptor for covered water heaters.
Sec. 13. Clothes dryers.
Sec. 14. Standards for clothes washers.
Sec. 15. Dishwashers.
Sec. 16. Petition for amended standards.
Sec. 17. Prohibited acts.
Sec. 18. Outdoor lighting.
Sec. 19. Standards for commercial furnaces.
Sec. 20. Service over the counter, self-contained, medium temperature 
              commercial refrigerators.
Sec. 21. Motor market assessment and commercial awareness program.
Sec. 22. Study of compliance with energy standards for appliances.
Sec. 23. Study of direct current electricity supply in certain 
              buildings.
Sec. 24. Technical corrections.

     SEC. 2. ENERGY CONSERVATION STANDARDS.

       (a) Definition of Energy Conservation Standard.--Section 
     321 of the Energy Policy and Conservation Act (42 U.S.C. 
     6291) is amended--
       (1) by striking paragraph (6) and inserting the following:
       ``(6) Energy conservation standard.--
       ``(A) In general.--The term `energy conservation standard' 
     means 1 or more performance standards that--
       ``(i) for covered products (excluding clothes washers, 
     dishwashers, showerheads, faucets, water closets, and 
     urinals), prescribe a minimum level of energy efficiency or a 
     maximum quantity of energy use, determined in accordance with 
     test procedures prescribed under section 323;
       ``(ii) for showerheads, faucets, water closets, and 
     urinals, prescribe a minimum level of water efficiency or a 
     maximum quantity of water use, determined in accordance with 
     test procedures prescribed under section 323; and
       ``(iii) for clothes washers and dishwashers--

       ``(I) prescribe a minimum level of energy efficiency or a 
     maximum quantity of energy use, determined in accordance with 
     test procedures prescribed under section 323; and
       ``(II) include a minimum level of water efficiency or a 
     maximum quantity of water use, determined in accordance with 
     those test procedures.

       ``(B) Inclusions.--The term `energy conservation standard' 
     includes--
       ``(i) 1 or more design requirements, if the requirements 
     were established--

       ``(I) on or before the date of enactment of this subclause;
       ``(II) as part of a direct final rule under section 
     325(p)(4); or
       ``(III) as part of a final rule published on or after 
     January 1, 2012; and

       ``(ii) any other requirements that the Secretary may 
     prescribe under section 325(r).
       ``(C) Exclusion.--The term `energy conservation standard' 
     does not include a performance standard for a component of a 
     finished covered product, unless regulation of the component 
     is specifically authorized or established pursuant to this 
     title.''; and
       (2) by adding at the end the following:
       ``(67) EER.--The term `EER' means energy efficiency ratio.
       ``(68) HSPF.--The term `HSPF' means heating seasonal 
     performance factor.''.
       (b) EER and HSPF Test Procedures.--Section 323(b) of the 
     Energy Policy and Conservation Act (42 U.S.C. 6293(b)) is 
     amended by adding at the end the following:
       ``(19) EER and hspf test procedures.--
       ``(A) In general.--Subject to subparagraph (B), for 
     purposes of residential central air conditioner and heat pump 
     standards that take effect on or before January 1, 2015--
       ``(i) the EER shall be tested at an outdoor test 
     temperature of 95 degrees Fahrenheit; and
       ``(ii) the HSPF shall be calculated based on Region IV 
     conditions.
       ``(B) Revisions.--The Secretary may revise the EER outdoor 
     test temperature and the conditions for HSPF calculations as 
     part of any rulemaking to revise the central air conditioner 
     and heat pump test method.''.
       (c) Central Air Conditioners and Heat Pumps.--Section 
     325(d) of the Energy Policy and Conservation Act (42 U.S.C. 
     6295(d)) is amended by adding at the end the following:
       ``(4) Central air conditioners and heat pumps (except 
     through-the-wall central air conditioners, through-the-wall 
     central air conditioning heat pumps, and small duct, high 
     velocity systems) manufactured on or after january 1, 2015.--
       ``(A) Base national standards.--
       ``(i) Seasonal energy efficiency ratio.--The seasonal 
     energy efficiency ratio of central air conditioners and 
     central air conditioning heat pumps manufactured on or after 
     January 1, 2015, shall not be less than the following:

       ``(I) Split Systems: 13 for central air conditioners and 14 
     for heat pumps.
       ``(II) Single Package Systems: 14.

       ``(ii) Heating seasonal performance factor.--The heating 
     seasonal performance factor of central air conditioning heat 
     pumps manufactured on or after January 1, 2015, shall not be 
     less than the following:

       ``(I) Split Systems: 8.2.
       ``(II) Single Package Systems: 8.0.

       ``(B) Regional standards.--
       ``(i) Seasonal energy efficiency ratio.--The seasonal 
     energy efficiency ratio of central air conditioners and 
     central air conditioning heat pumps manufactured on or after 
     January 1, 2015, and installed in States having historical 
     average annual, population weighted, heating degree days less 
     than 5,000 (specifically the States of Alabama, Arizona, 
     Arkansas, California, Delaware, Florida, Georgia, Hawaii, 
     Kentucky, Louisiana, Maryland, Mississippi, Nevada, New 
     Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, 
     Texas, and Virginia) or in the District of Columbia, the 
     Commonwealth of Puerto Rico, or any other territory or 
     possession of the United States shall not be less than the 
     following:

       ``(I) Split Systems: 14 for central air conditioners and 14 
     for heat pumps.
       ``(II) Single Package Systems: 14.

       ``(ii) Energy efficiency ratio.--The energy efficiency 
     ratio of central air conditioners (not including heat pumps) 
     manufactured on or after January 1, 2015, and installed in 
     the State of Arizona, California, New Mexico, or Nevada shall 
     be not less than the following:

       ``(I) Split Systems: 12.2 for split systems having a rated 
     cooling capacity less than 45,000 BTU per hour and 11.7 for 
     products having a rated cooling capacity equal to or greater 
     than 45,000 BTU per hour.
       ``(II) Single Package Systems: 11.0.

       ``(iii) Application of subsection (o)(6).--Subsection 
     (o)(6) shall apply to the regional standards set forth in 
     this subparagraph.
       ``(C) Amendment of standards.--
       ``(i) In general.--Not later than January 1, 2017, the 
     Secretary shall publish a final rule to determine whether the 
     standards in effect for central air conditioners and central 
     air conditioning heat pumps should be amended.
       ``(ii) Application.--The rule shall provide that any 
     amendments shall apply to products manufactured on or after 
     January 1, 2022.
       ``(D) Consideration of additional performance standards or 
     efficiency criteria.--
       ``(i) Forum.--Not later than 4 years in advance of the 
     expected publication date of a final rule for central air 
     conditioners and heat pumps under subparagraph (C), the 
     Secretary shall convene and facilitate a forum for interested 
     persons that are fairly representative of relevant points of 
     view (including representatives of manufacturers of the 
     covered product, States, and efficiency advocates), as 
     determined by the Secretary, to consider adding additional 
     performance standards or efficiency criteria in the 
     forthcoming rule.
       ``(ii) Recommendation.--If, within 1 year of the initial 
     convening of such a forum, the Secretary receives a 
     recommendation submitted jointly by such representative 
     interested persons to add 1 or more performance standards or 
     efficiency criteria, the Secretary shall incorporate the 
     performance standards or efficiency criteria in the 
     rulemaking process, and, if justified under the criteria 
     established in this section, incorporate such performance 
     standards or efficiency criteria in the revised standard.
       ``(iii) No recommendation.--If no such joint recommendation 
     is made within 1 year of the initial convening of such a 
     forum, the Secretary may add additional performance standards 
     or efficiency criteria if the Secretary finds that the 
     benefits substantially exceed the burdens of the action.
       ``(E) New construction levels.--
       ``(i) In general.--As part of any final rule concerning 
     central air conditioner and heat pump standards published 
     after June 1, 2013, the Secretary shall determine if the 
     building code levels specified in section 327(f)(3)(C) should 
     be amended subject to meeting the criteria of subsection (o) 
     when applied specifically to new construction.
       ``(ii) Effective date.--Any amended levels shall not take 
     effect before January 1, 2018.
       ``(iii) Amended levels.--The final rule shall contain the 
     amended levels, if any.''.
       (d) Through-the-Wall Central Air Conditioners, Through-the-
     Wall Central Air Conditioning Heat Pumps, and Small Duct, 
     High Velocity Systems.--Section 325(d) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6295(d)) (as amended by 
     subsection (c)) is amended by adding at the end the 
     following:
       ``(5) Standards for through-the-wall central air 
     conditioners, through-the-wall central air conditioning heat 
     pumps, and small duct, high velocity systems.--

[[Page 2318]]

       ``(A) Definitions.--In this paragraph:
       ``(i) Small duct, high velocity system.--The term `small 
     duct, high velocity system' means a heating and cooling 
     product that contains a blower and indoor coil combination 
     that--

       ``(I) is designed for, and produces, at least 1.2 inches of 
     external static pressure when operated at the certified air 
     volume rate of 220-350 CFM per rated ton of cooling; and
       ``(II) when applied in the field, uses high velocity room 
     outlets generally greater than 1,000 fpm that have less than 
     6.0 square inches of free area.

       ``(ii) Through-the-wall central air conditioner; through-
     the-wall central air conditioning heat pump.--The terms 
     `through-the-wall central air conditioner' and `through-the-
     wall central air conditioning heat pump' mean a central air 
     conditioner or heat pump, respectively, that is designed to 
     be installed totally or partially within a fixed-size opening 
     in an exterior wall, and--

       ``(I) is not weatherized;
       ``(II) is clearly and permanently marked for installation 
     only through an exterior wall;
       ``(III) has a rated cooling capacity no greater than 30,000 
     Btu/hr;
       ``(IV) exchanges all of its outdoor air across a single 
     surface of the equipment cabinet; and
       ``(V) has a combined outdoor air exchange area of less than 
     800 square inches (split systems) or less than 1,210 square 
     inches (single packaged systems) as measured on the surface 
     area described in subclause (IV).

       ``(iii) Revision.--The Secretary may revise the definitions 
     contained in this subparagraph through publication of a final 
     rule.
       ``(B) Small-duct high-velocity systems.--
       ``(i) Seasonal energy efficiency ratio.--The seasonal 
     energy efficiency ratio for small-duct high-velocity systems 
     shall be not less than 11.00 for products manufactured on or 
     after January 23, 2006.
       ``(ii) Heating seasonal performance factor.--The heating 
     seasonal performance factor for small-duct high-velocity 
     systems shall be not less than 6.8 for products manufactured 
     on or after January 23, 2006.
       ``(C) Rulemaking.--
       ``(i) In general.--Not later than June 30, 2011, the 
     Secretary shall publish a final rule to determine whether 
     standards for through-the-wall central air conditioners, 
     through-the-wall central air conditioning heat pumps and 
     small duct, high velocity systems should be amended.
       ``(ii) Application.--The rule shall provide that any new or 
     amended standard shall apply to products manufactured on or 
     after June 30, 2016.''.
       (e) Furnaces.--Section 325(f) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295(f)) is amended by adding at 
     the end the following:
       ``(5) Non-weatherized furnaces (including mobile home 
     furnaces, but not including boilers) manufactured on or after 
     may 1, 2013, and weatherized furnaces manufactured on or 
     after january 1, 2015.--
       ``(A) Base national standards.--
       ``(i)  Non-weatherized furnaces.--The annual fuel 
     utilization efficiency of non-weatherized furnaces 
     manufactured on or after May 1, 2013, shall be not less than 
     the following:

       ``(I) Gas furnaces, a level determined by the Secretary in 
     a final rule published not later than June 30, 2011.
       ``(II) Oil furnaces, 83 percent.

       ``(ii) Weatherized furnaces.--The annual fuel utilization 
     efficiency of weatherized gas furnaces manufactured on or 
     after January 1, 2015, shall be not less than 81 percent.
       ``(B) Regional standard.--
       ``(i) Annual fuel utilization efficiency.--Not later than 
     June 30, 2011, the Secretary shall--

       ``(I) publish a final rule determining whether to establish 
     a standard for the annual fuel utilization efficiency of non-
     weatherized gas furnaces manufactured on or after May 1, 
     2013, and installed in States having historical average 
     annual, population weighted, heating degree days equal to or 
     greater than 5,000 (specifically the States of Alaska, 
     Colorado, Connecticut, Idaho, Illinois, Indiana, Iowa, 
     Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, 
     Montana, Nebraska, New Hampshire, New Jersey, New York, North 
     Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South 
     Dakota, Utah, Vermont, Washington, West Virginia, Wisconsin, 
     and Wyoming); and
       ``(II) include in the final rule described in subclause (I) 
     any regional standard established under this subparagraph.

       ``(ii) Application of subsection (o)(6).--Subsection (o)(6) 
     shall apply to any regional standard established under this 
     subparagraph.
       ``(C) Amendment of standards.--
       ``(i) Non-weatherized furnaces.--

       ``(I) In general.--Not later than January 1, 2014, the 
     Secretary shall publish a final rule to determine whether the 
     standards in effect for non-weatherized furnaces should be 
     amended.
       ``(II) Application.--The rule shall provide that any 
     amendments shall apply to products manufactured on or after 
     January 1, 2019.

       ``(ii) Weatherized furnaces.--

       ``(I) In general.--Not later than January 1, 2017, the 
     Secretary shall publish a final rule to determine whether the 
     standard in effect for weatherized furnaces should be 
     amended.
       ``(II) Application.--The rule shall provide that any 
     amendments shall apply to products manufactured on or after 
     January 1, 2022.

       ``(D) New construction levels.--
       ``(i) In general.--

       ``(I) Final rule published after january 1, 2011.--As part 
     of any final rule concerning furnace standards published 
     after January 1, 2011, the Secretary shall establish the 
     building code levels referred to in subclauses (I)(aa), 
     (II)(aa), and (III)(aa) of section 327(f)(3)(C)(i) subject to 
     meeting the criteria of subsection (o) when applied 
     specifically to new construction.
       ``(II) Final rule published after june 1, 2013.--As part of 
     any final rule concerning furnace standards published after 
     June 1, 2013, the Secretary shall determine if the building 
     code levels specified in or pursuant to section 327(f)(3)(C) 
     should be amended subject to meeting the criteria of 
     subsection (o) when applied specifically to new construction.

       ``(ii) Effective date.--Any amended levels shall not take 
     effect before January 1, 2018.
       ``(iii) Amended levels.--The final rule shall contain the 
     amended levels, if any.''.
       (f) Exception for Certain Building Code Requirements.--
     Section 327(f) of the Energy Policy and Conservation Act (42 
     U.S.C. 6297(f)) is amended--
       (1) in paragraph (3), by striking subparagraphs (B) through 
     (F) and inserting the following:
       ``(B) The code does not contain a mandatory requirement 
     that, under all code compliance paths, requires that the 
     covered product have an energy efficiency exceeding 1 of the 
     following levels:
       ``(i) The applicable energy conservation standard 
     established in or prescribed under section 325.
       ``(ii) The level required by a regulation of the State for 
     which the Secretary has issued a rule granting a waiver under 
     subsection (d).
       ``(C) If the energy consumption or conservation objective 
     in the code is determined using covered products, including 
     any baseline building designs against which all submitted 
     building designs are to be evaluated, the objective is based 
     on the use of covered products having efficiencies not 
     exceeding--
       ``(i) for residential furnaces, central air conditioners, 
     and heat pumps, effective not earlier than January 1, 2013, 
     and until such time as a level takes effect for the product 
     under clause (ii)--

       ``(I) for the States described in section 325(f)(5)(B)(i)--

       ``(aa) for gas furnaces, an AFUE level determined by the 
     Secretary; and
       ``(bb) 14 SEER for central air conditioners (not including 
     heat pumps);

       ``(II) for the States and other localities described in 
     section 325(d)(4)(B)(i) (except for the States of Arizona, 
     California, Nevada, and New Mexico)--

       ``(aa) for gas furnaces, an AFUE level determined by the 
     Secretary; and
       ``(bb) 15 SEER for central air conditioners;

       ``(III) for the States of Arizona, California, Nevada, and 
     New Mexico--

       ``(aa) for gas furnaces, an AFUE level determined by the 
     Secretary;
       ``(bb) 15 SEER for central air conditioners;
       ``(cc) an EER of 12.5 for air conditioners (not including 
     heat pumps) with cooling capacity less than 45,000 Btu per 
     hour; and
       ``(dd) an EER of 12.0 for air conditioners (not including 
     heat pumps) with cooling capacity of 45,000 Btu per hour or 
     more; and

       ``(IV) for all States--

       ``(aa) 85 percent AFUE for oil furnaces; and
       ``(bb) 15 SEER and 8.5 HSPF for heat pumps;
       ``(ii) the building code levels established pursuant to 
     section 325; or
       ``(iii) the applicable standards or levels specified in 
     subparagraph (B).
       ``(D) The credit to the energy consumption or conservation 
     objective allowed by the code for installing a covered 
     product having an energy efficiency exceeding the applicable 
     standard or level specified in subparagraph (C) is on a 1-
     for-1 equivalent energy use or equivalent energy cost basis, 
     which may take into account the typical lifetimes of the 
     products and building features, using lifetimes for covered 
     products based on information published by the Department of 
     Energy or the American Society of Heating, Refrigerating and 
     Air-Conditioning Engineers.
       ``(E) If the code sets forth 1 or more combinations of 
     items that meet the energy consumption or conservation 
     objective, and if 1 or more combinations specify an 
     efficiency level for a covered product that exceeds the 
     applicable standards and levels specified in subparagraph 
     (B)--
       ``(i) there is at least 1 combination that includes such 
     covered products having efficiencies not exceeding 1 of the 
     standards or levels specified in subparagraph (B); and
       ``(ii) if 1 or more combinations of items specify an 
     efficiency level for a furnace, central air conditioner, or 
     heat pump that exceeds the applicable standards and levels 
     specified in subparagraph (B), there is at least 1 
     combination that the State has found to be reasonably 
     achievable using commercially available technologies that 
     includes

[[Page 2319]]

     such products having efficiencies at the applicable levels 
     specified in subparagraph (C), except that no combination 
     need include a product having an efficiency less than the 
     level specified in subparagraph (B)(ii).
       ``(F) The energy consumption or conservation objective is 
     specified in terms of an estimated total consumption of 
     energy (which may be specified in units of energy or its 
     equivalent cost).'';
       (2) in paragraph (4)(B)--
       (A) by inserting after ``building code'' the first place it 
     appears the following: ``contains a mandatory requirement 
     that, under all code compliance paths,''; and
       (B) by striking ``unless the'' and all that follows through 
     ``subsection (d)''; and
       (3) by adding at the end the following:
       ``(5) Replacement of covered product.--Paragraph (3) shall 
     not apply to the replacement of a covered product serving an 
     existing building unless the replacement results in an 
     increase in capacity greater than--
       ``(A) 12,000 Btu per hour for residential air conditioners 
     and heat pumps; or
       ``(B) 20 percent for other covered products.''.

     SEC. 3. ENERGY CONSERVATION STANDARDS FOR HEAT PUMP POOL 
                   HEATERS.

       (a) Definitions.--
       (1) Efficiency descriptor.--Section 321(22) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6291(22)) is amended--
       (A) in subparagraph (E), by inserting ``gas-fired'' before 
     ``pool heaters''; and
       (B) by adding at the end the following:
       ``(F) For heat pump pool heaters, coefficient of 
     performance of heat pump pool heaters.''.
       (2) Coefficient of performance of heat pump pool heaters.--
     Section 321 of the Energy Policy and Conservation Act (42 
     U.S.C. 6291) is amended by inserting after paragraph (25) the 
     following:
       ``(25A) Coefficient of performance of heat pump pool 
     heaters.--The term `coefficient of performance of heat pump 
     pool heaters' means the ratio of the capacity to power input 
     value obtained at the following rating conditions: 50.0 F 
     db/44.2 F wb outdoor air and 80.0 F entering water 
     temperatures, according to AHRI Standard 1160.''.
       (3) Thermal efficiency of gas-fired pool heaters.--Section 
     321(26) of the Energy Policy and Conservation Act (42 U.S.C. 
     6291(26)) is amended by inserting ``gas-fired'' before ``pool 
     heaters''.
       (b) Standards for Pool Heaters.--Section 325(e)(2) of the 
     Energy Policy and Conservation Act (42 U.S.C. 6295(e)(2)) is 
     amended--
       (1) by striking ``(2) The thermal efficiency of pool 
     heaters'' and inserting the following:
       ``(2) Pool heaters.--
       ``(A) Gas-fired pool heaters.--The thermal efficiency of 
     gas-fired pool heaters''; and
       (2) by adding at the end the following:
       ``(B) Heat pump pool heaters.--Heat pump pool heaters 
     manufactured on or after the date of enactment of this 
     subparagraph shall have a minimum coefficient of performance 
     of 4.0.''.

     SEC. 4. GU-24 BASE LAMPS.

       (a) Definitions.--Section 321 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291) (as amended by section 
     2(a)(2)) is amended by adding at the end the following:
       ``(69) GU-24.--The term `GU-24''' means the designation of 
     a lamp socket, based on a coding system by the International 
     Electrotechnical Commission, under which--
       ``(A) `G' indicates a holder and socket type with 2 or more 
     projecting contacts, such as pins or posts;
       ``(B) `U' distinguishes between lamp and holder designs of 
     similar type that are not interchangeable due to electrical 
     or mechanical requirements; and
       ``(C) 24 indicates the distance in millimeters between the 
     electrical contact posts.
       ``(70) GU-24 adaptor.--
       ``(A) In general.--The term `GU-24 Adaptor' means a 1-piece 
     device, pig-tail, wiring harness, or other such socket or 
     base attachment that--
       ``(i) connects to a GU-24 socket on 1 end and provides a 
     different type of socket or connection on the other end; and
       ``(ii) does not alter the voltage.
       ``(B) Exclusion.--The term `GU-24 Adaptor' does not include 
     a fluorescent ballast with a GU-24 base.
       ``(71) GU-24 base lamp.--`GU-24 base lamp' means a light 
     bulb designed to fit in a GU-24 socket.''.
       (b) Standards.--Section 325 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295) is amended--
       (1) by redesignating subsection (ii) as subsection (jj); 
     and
       (2) by inserting after subsection (hh) the following:
       ``(ii) GU-24 Base Lamps.--
       ``(1) In general.--A GU-24 base lamp shall not be an 
     incandescent lamp as defined by ANSI.
       ``(2) GU-24 adaptors.--GU-24 adaptors shall not adapt a GU-
     24 socket to any other line voltage socket.''.

     SEC. 5. EFFICIENCY STANDARDS FOR BOTTLE-TYPE WATER 
                   DISPENSERS, COMMERCIAL HOT FOOD HOLDING 
                   CABINETS, AND PORTABLE ELECTRIC SPAS.

       (a) Definitions.--Section 321 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291) (as amended by section 
     4(a)) is amended by adding at the end the following:
       ``(72) Bottle-type water dispenser.--The term `bottle-type 
     water dispenser' means a drinking water dispenser that is--
       ``(A) designed for dispensing hot and cold water; and
       ``(B) uses a removable bottle or container as the source of 
     potable water.
       ``(73) Commercial hot food holding cabinet.--
       ``(A) In general.--The term `commercial hot food holding 
     cabinet' means a heated, fully-enclosed compartment that--
       ``(i) is designed to maintain the temperature of hot food 
     that has been cooked in a separate appliance;
       ``(ii) has 1 or more solid or glass doors; and
       ``(iii) has an interior volume of 8 cubic feet or more.
       ``(B) Exclusions.--The term `commercial hot food holding 
     cabinet' does not include--
       ``(i) a heated glass merchandising cabinet;
       ``(ii) a drawer warmer;
       ``(iii) a cook-and-hold appliance; or
       ``(iv) a mobile serving cart with both hot and cold 
     compartments.
       ``(74) Compartment bottle-type water dispenser.--The term 
     `compartment bottle-type water dispenser' means a drinking 
     water dispenser that--
       ``(A) is designed for dispensing hot and cold water;
       ``(B) uses a removable bottle or container as the source of 
     potable water; and
       ``(C) includes a refrigerated compartment with or without 
     provisions for making ice.
       ``(75) Portable electric spa.--
       ``(A) In general.--The term `portable electric spa' means a 
     factory-built electric spa or hot tub that--
       ``(i) is intended for the immersion of persons in heated 
     water circulated in a closed system; and
       ``(ii) is not intended to be drained and filled with each 
     use.
       ``(B) Inclusions.--The term `portable electric spa' 
     includes--
       ``(i) a filter;
       ``(ii) a heater (including an electric, solar, or gas 
     heater);
       ``(iii) a pump;
       ``(iv) a control; and
       ``(v) other equipment, such as a light, a blower, and water 
     sanitizing equipment.
       ``(C) Exclusions.--The term `portable electric spa' does 
     not include--
       ``(i) a permanently installed spa that, once installed, 
     cannot be moved; or
       ``(ii) a spa that is specifically designed and exclusively 
     marketed for medical treatment or physical therapy purposes.
       ``(76) Water dispenser.--The term `water dispenser' means a 
     factory-made assembly that--
       ``(A) mechanically cools and heats potable water; and
       ``(B) dispenses the cooled or heated water by integral or 
     remote means.''.
       (b) Coverage.--
       (1) In general.--Section 322(a) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6292(a)) is amended--
       (A) by redesignating paragraph (20) as paragraph (23); and
       (B) by inserting after paragraph (19) the following:
       ``(20) Bottle-type water dispensers and compartment bottle-
     type water dispensers.
       ``(21) Commercial hot food holding cabinets.
       ``(22) Portable electric spas.''.
       (2) Conforming amendments.--
       (A) Section 324 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6294) is amended by striking ``(19)'' each place 
     it appears in subsections (a)(3), (b)(1)(B), (b)(3), and 
     (b)(5) and inserting ``(23)''.
       (B) Section 325(l) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6295(l)) is amended by striking ``paragraph 
     (19)'' each place it appears in paragraphs (1) and (2) and 
     inserting ``paragraph (23)''.
       (c) Test Procedures.--Section 323(b) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6293(b)) (as amended by 
     section 2(b)) is amended by adding at the end the following:
       ``(20) Bottle-type water dispensers.--
       ``(A) In general.--Test procedures for bottle-type water 
     dispensers and compartment bottle-type water dispensers shall 
     be based on the document `Energy Star Program Requirements 
     for Bottled Water Coolers version 1.1' published by the 
     Environmental Protection Agency.
       ``(B) Integral, automatic timers.--A unit with an integral, 
     automatic timer shall not be tested under this paragraph 
     using section 4D of the test criteria (relating to Timer 
     Usage).
       ``(21) Commercial hot food holding cabinets.--
       ``(A) In general.--Test procedures for commercial hot food 
     holding cabinets shall be based on the test procedures 
     described in ANSI/ASTM F2140-01 (Test for idle energy rate-
     dry test).
       ``(B) Interior volume.--Interior volume shall be based 
     under this paragraph on the method demonstrated in the 
     document `Energy Star Program Requirements for Commercial Hot 
     Food Holding Cabinets' of the Environmental Protection 
     Agency, as in effect on August 15, 2003.
       ``(22) Portable electric spas.--

[[Page 2320]]

       ``(A) In general.--Test procedures for portable electric 
     spas shall be based on the test method for portable electric 
     spas described in section 1604 of title 20, California Code 
     of Regulations, as amended on December 3, 2008.
       ``(B) Normalized consumption.--Consumption shall be 
     normalized under this paragraph for a water temperature 
     difference of 37 degrees Fahrenheit.
       ``(C) ANSI test procedure.--If the American National 
     Standards Institute publishes a test procedure for portable 
     electric spas, the Secretary shall revise the procedure 
     established under this paragraph, as determined appropriate 
     by the Secretary.''.
       (d) Standards.--Section 325 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295) (as amended by section 
     4(b)) is amended--
       (1) by redesignating subsection (ii) as subsection (mm); 
     and
       (2) by inserting after subsection (hh) the following:
       ``(ii) Bottle-Type Water Dispensers.--Effective beginning 
     on the date that is 1 year after the date of enactment of the 
     Implementation of National Consensus Appliance Agreements Act 
     of 2011--
       ``(1) a bottle-type water dispenser shall not have standby 
     energy consumption that is greater than 1.2 kilowatt-hours 
     per day; and
       ``(2) a compartment bottle-type water dispenser shall not 
     have standby energy consumption that is greater than 1.3 
     kilowatt-hours per day.
       ``(jj) Commercial Hot Food Holding Cabinets.--Effective 
     beginning on the date that is 1 year after the date of 
     enactment of the Implementation of National Consensus 
     Appliance Agreements Act of 2011, a commercial hot food 
     holding cabinet shall have a maximum idle energy rate of 40 
     watts per cubic foot of interior volume.
       ``(kk) Portable Electric Spas.--Effective beginning on the 
     date that is 1 year after the date of enactment of the 
     Implementation of National Consensus Appliance Agreements Act 
     of 2011, a portable electric spa shall not have a normalized 
     standby power rate of greater than 5 (V2/3) Watts 
     (in which `V' equals the fill volume (in gallons)).
       ``(ll) Revisions.--
       ``(1) In general.--Not later than the date that is 3 years 
     after the date of enactment of the Implementation of National 
     Consensus Appliance Agreements Act of 2011, the Secretary 
     shall--
       ``(A) consider in accordance with subsection (o) revisions 
     to the standards established under subsections (ii), (jj), 
     and (kk); and
       ``(B)(i) publish a final rule establishing the revised 
     standards; or
       ``(ii) make a finding that no revisions are technically 
     feasible and economically justified.
       ``(2) Effective date.--Any revised standards under this 
     subsection shall take effect not earlier than the date that 
     is 3 years after the date of the publication of the final 
     rule.''.
       (e) Preemption.--Section 327 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6297) is amended--
       (1) in subsection (b)--
       (A) in paragraph (6), by striking ``or'' after the 
     semicolon at the end;
       (B) in paragraph (7), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(8) is a regulation that--
       ``(A) establishes efficiency standards for bottle-type 
     water dispensers, compartment bottle-type water dispensers, 
     commercial hot food holding cabinets, or portable electric 
     spas; and
       ``(B) is in effect on or before the date of enactment of 
     this paragraph.''; and
       (2) in subsection (c)--
       (A) in paragraph (8)(B), by striking ``and'' after the 
     semicolon at the end;
       (B) in paragraph (9)--
       (i) by striking ``except that--'' and all that follows 
     through ``if the Secretary'' and inserting ``except that if 
     the Secretary'';
       (ii) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively, and indenting appropriately; and
       (iii) in subparagraph (B) (as so redesignated), by striking 
     the period at the end and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(10) is a regulation that--
       ``(A) establishes efficiency standards for bottle-type 
     water dispensers, compartment bottle-type water dispensers, 
     commercial hot food holding cabinets, or portable electric 
     spas; and
       ``(B) is adopted by the California Energy Commission on or 
     before January 1, 2013.''.

     SEC. 6. TEST PROCEDURE PETITION PROCESS.

       (a) Consumer Products Other Than Automobiles.--Section 
     323(b)(1) of the Energy Policy and Conservation Act (42 
     U.S.C. 6293(b)(1)) is amended--
       (1) in subparagraph (A)(i), by striking ``amend'' and 
     inserting ``publish in the Federal Register amended''; and
       (2) by adding at the end the following:
       ``(B) Petitions.--
       ``(i) In general.--In the case of any covered product, any 
     person may petition the Secretary to conduct a rulemaking--

       ``(I) to prescribe a test procedure for the covered 
     product; or
       ``(II) to amend the test procedures applicable to the 
     covered product to more accurately or fully comply with 
     paragraph (3).

       ``(ii) Determination.--The Secretary shall--

       ``(I) not later than 90 days after the date of receipt of 
     the petition, publish the petition in the Federal Register; 
     and
       ``(II) not later than 180 days after the date of receipt of 
     the petition, grant or deny the petition.

       ``(iii) Basis.--The Secretary shall grant a petition if the 
     Secretary finds that the petition contains evidence that, 
     assuming no other evidence was considered, provides an 
     adequate basis for determining that an amended test procedure 
     would more accurately or fully comply with paragraph (3).
       ``(iv) Effect on other requirements.--The granting of a 
     petition by the Secretary under this subparagraph shall 
     create no presumption with respect to the determination of 
     the Secretary that the proposed test procedure meets the 
     requirements of paragraph (3).
       ``(v) Rulemaking.--

       ``(I) In general.--Except as provided in subclause (II), 
     not later than the end of the 18-month period beginning on 
     the date of granting a petition, the Secretary shall publish 
     an amended test procedure or a determination not to amend the 
     test procedure.
       ``(II) Extension.--The Secretary may extend the period 
     described in subclause (I) for 1 additional year.
       ``(III) Direct final rule.--The Secretary may adopt a 
     consensus test procedure in accordance with the direct final 
     rule procedure established under section 325(p)(4).

       ``(C) Test procedures.--The Secretary may, in accordance 
     with the requirements of this subsection, prescribe test 
     procedures for any consumer product classified as a covered 
     product under section 322(b).
       ``(D) New or amended test procedures.--The Secretary shall 
     direct the National Institute of Standards and Technology to 
     assist in developing new or amended test procedures.''.
       (b) Certain Industrial Equipment.--Section 343 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6314) is 
     amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) Amendment and petition process.--
       ``(A) In general.--At least once every 7 years, the 
     Secretary shall review test procedures for all covered 
     equipment and--
       ``(i) publish in the Federal Register amended test 
     procedures with respect to any covered equipment, if the 
     Secretary determines that amended test procedures would more 
     accurately or fully comply with paragraphs (2) and (3); or
       ``(ii) publish notice in the Federal Register of any 
     determination not to amend a test procedure.
       ``(B) Petitions.--
       ``(i) In general.--In the case of any class or category of 
     covered equipment, any person may petition the Secretary to 
     conduct a rulemaking--

       ``(I) to prescribe a test procedure for the covered 
     equipment; or
       ``(II) to amend the test procedures applicable to the 
     covered equipment to more accurately or fully comply with 
     paragraphs (2) and (3).

       ``(ii) Determination.--The Secretary shall--

       ``(I) not later than 90 days after the date of receipt of 
     the petition, publish the petition in the Federal Register; 
     and
       ``(II) not later than 180 days after the date of receipt of 
     the petition, grant or deny the petition.

       ``(iii) Basis.--The Secretary shall grant a petition if the 
     Secretary finds that the petition contains evidence that, 
     assuming no other evidence was considered, provides an 
     adequate basis for determining that an amended test method 
     would more accurately promote energy or water use efficiency.
       ``(iv) Effect on other requirements.--The granting of a 
     petition by the Secretary under this paragraph shall create 
     no presumption with respect to the determination of the 
     Secretary that the proposed test procedure meets the 
     requirements of paragraphs (2) and (3).
       ``(v) Rulemaking.--

       ``(I) In general.--Except as provided in subclause (II), 
     not later than the end of the 18-month period beginning on 
     the date of granting a petition, the Secretary shall publish 
     an amended test method or a determination not to amend the 
     test method.
       ``(II) Extension.--The Secretary may extend the period 
     described in subclause (I) for 1 additional year.
       ``(III) Direct final rule.--The Secretary may adopt a 
     consensus test procedure in accordance with the direct final 
     rule procedure established under section 325(p).'';

       (2) by striking subsection (c); and
       (3) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively.

     SEC. 7. AMENDMENTS TO HOME APPLIANCE TEST METHODS.

       Section 323(b) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6293(b)) (as amended by section 5(c)) is amended 
     by adding at the end the following:
       ``(23) Refrigerator and freezer test procedure.--
       ``(A) In general.--Not later than 90 days after the date on 
     which the Secretary publishes the final standard rule that 
     was proposed on September 27, 2010, the Secretary

[[Page 2321]]

     shall finalize the interim final test procedure rule proposed 
     on December 16, 2010, with such subsequent modifications to 
     the test procedure or standards as the Secretary determines 
     to be appropriate and consistent with this part.
       ``(B) Rulemaking.--
       ``(i) Initiation.--Not later than January 1, 2012, the 
     Secretary shall initiate a rulemaking to amend the test 
     procedure described in subparagraph (A) only to incorporate 
     measured automatic icemaker energy use.
       ``(ii) Final rule.--Not later than December 31, 2012, the 
     Secretary shall publish a final rule regarding the matter 
     described in clause (i).
       ``(24) Additional home appliance test procedures.--
       ``(A) Amended test procedure for clothes washers.--Not 
     later than October 1, 2011, the Secretary shall publish a 
     final rule amending the residential clothes washer test 
     procedure.
       ``(B) Amended test procedure for clothes dryers.--
       ``(i) In general.--Not later than 180 days after the date 
     of enactment of this paragraph, the Secretary shall publish 
     an amended test procedure for clothes dryers.
       ``(ii) Requirement.--The amendments to the test procedure 
     shall be limited to modifications requiring that tested 
     dryers are run until the cycle (including cool down) is ended 
     by automatic termination controls, if equipped with those 
     controls.''.

     SEC. 8. CREDIT FOR ENERGY STAR SMART APPLIANCES.

       Section 324A of the Energy Policy and Conservation Act (42 
     U.S.C. 6294a) is amended by adding at the end the following:
       ``(e) Credit for Smart Appliances.--Not later than 180 days 
     after the date of enactment of this subsection, after 
     soliciting comments pursuant to subsection (c)(5), the 
     Administrator of the Environmental Protection Agency, in 
     cooperation with the Secretary, shall determine whether to 
     update the Energy Star criteria for residential 
     refrigerators, refrigerator-freezers, freezers, dishwashers, 
     clothes washers, clothes dryers, and room air conditioners to 
     incorporate smart grid and demand response features.''.

     SEC. 9. VIDEO GAME CONSOLE ENERGY EFFICIENCY STUDY.

       (a) In General.--Part B of title III of the Energy Policy 
     and Conservation Act is amended by inserting after section 
     324A (42 U.S.C. 6294a) the following:

     ``SEC. 324B. VIDEO GAME CONSOLE ENERGY EFFICIENCY STUDY.

       ``(a) Initial Study.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall conduct a 
     study of--
       ``(A) video game console energy use; and
       ``(B) opportunities for energy savings regarding that 
     energy use.
       ``(2) Inclusions.--The study under paragraph (1) shall 
     include an assessment of all power-consuming modes and media 
     playback modes of video game consoles.
       ``(b) Action on Completion.--On completion of the initial 
     study under subsection (a), the Secretary shall determine, by 
     regulation, using the criteria and procedures described in 
     section 325(n)(2), whether to initiate a process for 
     establishing minimum energy efficiency standards for video 
     game console energy use.
       ``(c) Follow-Up Study.--If the Secretary determines under 
     subsection (b) that standards should not be established, the 
     Secretary shall conduct a follow-up study in accordance with 
     subsection (a) by not later than 3 years after the date of 
     the determination.''.
       (b) Application Date.--Subsection (nn)(1) of section 325 of 
     the Energy Policy and Conservation Act (42 U.S.C. 6295) (as 
     redesignated by section 5(d)(1)) is amended by inserting ``or 
     section 324B'' after ``subsection (l), (u), or (v)'' each 
     place it appears.

     SEC. 10. REFRIGERATOR AND FREEZER STANDARDS.

       Section 325(b) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(b)) is amended by striking paragraph (4) and 
     inserting the following:
       ``(4) Refrigerators, refrigerator-freezers, and freezers 
     manufactured as of january 1, 2014.--
       ``(A) Definition of built-in product class.--In this 
     paragraph, the term `built-in product class' means a 
     refrigerator, freezer, or refrigerator with a freezer unit 
     that--
       ``(i) is 7.75 cubic feet or greater in total volume and 24 
     inches or less in cabinet depth (not including doors, 
     handles, and custom front panels);
       ``(ii) is designed to be totally encased by cabinetry or 
     panels attached during installation;
       ``(iii) is designed to accept a custom front panel or to be 
     equipped with an integral factory-finished face;
       ``(iv) is designed to be securely fastened to adjacent 
     cabinetry, walls, or floors; and
       ``(v) has 2 or more sides that are not--

       ``(I) fully finished; and
       ``(II) intended to be visible after installation.

       ``(B) Maximum energy use.--
       ``(i) In general.--Based on the test procedure in effect on 
     July 9, 2010, the maximum energy use allowed in kilowatt 
     hours per year for each product described in the table 
     contained in clause (ii) (other than refrigerators and 
     refrigerator-freezers with total refrigerated volume 
     exceeding 39 cubic feet and freezers with total refrigerated 
     volume exceeding 30 cubic feet) that is manufactured on or 
     after January 1, 2014, is specified in the table contained in 
     that clause.
       ``(ii) Standards equations.--The allowed maximum energy use 
     referred to in clause (i) is as follows:


 
 
------------------------------------------------------------------------
``Standards Equations
------------------------------------------------------------------------
Product Description
------------------------------------------------------------------------
Automatic Defrost Refrigerator-Freezers
------------------------------------------------------------------------
Top Freezer w/o TTD ice                                   7.35 AV+ 207.0
------------------------------------------------------------------------
Top Freezer w/ TTD ice                                    7.65 AV+ 267.0
------------------------------------------------------------------------
Side Freezer w/o TTD ice                                  3.68 AV+ 380.6
------------------------------------------------------------------------
Side Freezer w/ TTD ice                                    7.58 AV+304.5
------------------------------------------------------------------------
Bottom Freezer w/o TTD ice                                3.68 AV+ 367.2
------------------------------------------------------------------------
Bottom Freezer w/ TTD ice                                  4.0 AV+ 431.2
------------------------------------------------------------------------
Manual & Partial Automatic Refrigerator-Freezers
------------------------------------------------------------------------
Manual Defrost                                            7.06 AV+ 198.7
------------------------------------------------------------------------
Partial Automatic                                          7.06 AV+198.7
------------------------------------------------------------------------
All Refrigerators
------------------------------------------------------------------------
Manual Defrost                                              7.06AV+198.7
------------------------------------------------------------------------
Automatic Defrost                                         7.35 AV+ 207.0
------------------------------------------------------------------------
All Freezers
------------------------------------------------------------------------
Upright with manual defrost                               5.66 AV+ 193.7
------------------------------------------------------------------------
Upright with automatic defrost                            8.70 AV+ 228.3
------------------------------------------------------------------------
Chest with manual defrost                                 7.41 AV+ 107.8
------------------------------------------------------------------------
Chest with automatic defrost                             10.33 AV+ 148.1
------------------------------------------------------------------------
Automatic Defrost Refrigerator-Freezers-Compact Size
------------------------------------------------------------------------
Top Freezer and Bottom Freezer                           10.80 AV+ 301.8
------------------------------------------------------------------------
Side Freezer                                              6.08 AV+ 400.8
------------------------------------------------------------------------
Manual & Partial Automatic Refrigerator-Freezers-Compact Size
------------------------------------------------------------------------
Manual Defrost                                            8.03 AV+ 224.3
------------------------------------------------------------------------
Partial Automatic                                         5.25 AV+ 298.5
------------------------------------------------------------------------
All Refrigerators-Compact Size
------------------------------------------------------------------------
Manual defrost                                            8.03 AV+ 224.3
------------------------------------------------------------------------
Automatic defrost                                         9.53 AV+ 266.3
------------------------------------------------------------------------
All Freezers-Compact Size
------------------------------------------------------------------------
Upright with manual defrost                               8.80 AV+ 225.7
------------------------------------------------------------------------
Upright with automatic defrost                           10.26 AV+ 351.9
------------------------------------------------------------------------
Chest                                                      9.41AV+ 136.8
------------------------------------------------------------------------
Automatic Defrost Refrigerator-Freezers-Built-ins
------------------------------------------------------------------------
Top Freezer w/o TTD ice                                   7.84 AV+ 220.8
------------------------------------------------------------------------
Side Freezer w/o TTD ice                                  3.93 AV+ 406.0
------------------------------------------------------------------------
Side Freezer w/ TTD ice                                   8.08 AV+ 324.8
------------------------------------------------------------------------
Bottom Freezer w/o TTD ice                                3.91 AV+ 390.2
------------------------------------------------------------------------
Bottom Freezer w/ TTD ice                                 4.25 AV+ 458.2
------------------------------------------------------------------------
All Refrigerators-Built-ins
------------------------------------------------------------------------
Automatic Defrost                                         7.84 AV+ 220.8
------------------------------------------------------------------------
All Freezers-Built-ins
------------------------------------------------------------------------
Upright with automatic defrost                           9.32 AV+ 244.6.
------------------------------------------------------------------------

       ``(iii) Final rules.--

       ``(I) In general.--Except as provided in subclause (II), 
     after the date of publication of each test procedure change 
     made pursuant to section 323(b)(23), in accordance with the 
     procedures described in section 323(e)(2), the Secretary 
     shall publish final rules to amend the standards specified in 
     the table contained in clause (ii).
       ``(II) Exception.--The standards amendment made pursuant to 
     the test procedure change required under section 
     323(b)(23)(B) shall be based on the difference between--

[[Page 2322]]

       ``(aa) the average measured automatic ice maker energy use 
     of a representative sample for each product class; and
       ``(bb) the value assumed by the Department of Energy for 
     ice maker energy use in the test procedure published pursuant 
     to section 323(b)(23)(A).

       ``(III) Applicability.--Section 323(e)(3) shall not apply 
     to the rules described in this clause.

       ``(iv) Final rule.--The Secretary shall publish any final 
     rule required by clause (iii) by not later than the later of 
     the date that is 180 days after--

       ``(I) the date of enactment of this clause; or
       ``(II) the date of publication of a final rule to amend the 
     test procedure described in section 323(b)(23).

       ``(v) New product classes.--The Secretary may establish 1 
     or more new product classes as part of the final amended 
     standard adopted pursuant to the test procedure change 
     required under section 323(b)(23)(B) if the 1 or more new 
     product classes are needed to distinguish among products with 
     automatic icemakers.
       ``(vi) Effective dates of standards.--

       ``(I) Standards amendment for first revised test 
     procedure.--A standards amendment adopted pursuant to a test 
     procedure change required under section 323(b)(23)(A) shall 
     apply to any product manufactured as of January 1, 2014.
       ``(II) Standards amendment after revised test procedure for 
     icemaker energy.--An amendment adopted pursuant to a test 
     procedure change required under section 323(b)(23)(B) shall 
     apply to any product manufactured as of the date that is 3 
     years after the date of publication of the final rule 
     amending the standards.

       ``(vii) Slope and intercept adjustments.--

       ``(I) In general.--With respect to refrigerators, freezers, 
     and refrigerator-freezers, the Secretary may, by rule, adjust 
     the slope and intercept of the equations specified in the 
     table contained in clause (ii)--

       ``(aa) based on the energy use of typical products of 
     various sizes in a product class; and
       ``(bb) if the average energy use for each of the classes is 
     the same under the new equations as under the equations 
     specified in the table contained in clause (ii).

       ``(II) Deadline.--If the Secretary adjusts the slope and 
     intercept of an equation described in subclause (I), the 
     Secretary shall publish the final rule containing the 
     adjustment by not later than July 1, 2011.

       ``(viii) Effect.--A final rule published under clause (iii) 
     pursuant to the test procedure change required under section 
     323(b)(23)(B) or pursuant to clause (iv) shall not be 
     considered to be an amendment to the standard for purposes of 
     section 325(m).''.

     SEC. 11. ROOM AIR CONDITIONER STANDARDS.

       Section 325(c) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(c)) is amended by adding at the end the 
     following:
       ``(3) Minimum energy efficiency ratio of room air 
     conditioners manufactured on or after june 1, 2014.--
       ``(A) In general.--Based on the test procedure in effect on 
     July 9, 2010, the minimum energy efficiency ratios of room 
     air conditioners manufactured on or after June 1, 2014, shall 
     not be less than that specified in the table contained in 
     subparagraph (B).
       ``(B) Minimum energy efficiency ratios.--The minimum energy 
     efficiency ratios referred to in subparagraph (A) are as 
     follows:


 
                  ``Product Description                     Minimum EER
------------------------------------------------------------------------
Without Reverse Cycle w/Louvers
------------------------------------------------------------------------
<6,000 Btu/h                                                        11.2
------------------------------------------------------------------------
6,000 to 7,999 Btu/h                                                11.2
------------------------------------------------------------------------
8,000-13,999 Btu/h                                                  11.0
------------------------------------------------------------------------
14,000 to 19,999 Btu/h                                              10.8
------------------------------------------------------------------------
20,000-27,999 Btu/h                                                  9.4
------------------------------------------------------------------------
$28,000 Btu/h                                                        9.0
------------------------------------------------------------------------
Without Reverse Cycle w/o Louvers
------------------------------------------------------------------------
<6,000 Btu/h                                                        10.2
------------------------------------------------------------------------
6,000 to 7,999 Btu/h                                                10.2
------------------------------------------------------------------------
8,000-10,999 Btu/h                                                   9.7
------------------------------------------------------------------------
11,000-13,999 Btu/h                                                  9.6
------------------------------------------------------------------------
14,000 to 19,999 Btu/h                                               9.4
------------------------------------------------------------------------
$20,000 Btu/h                                                        9.4
------------------------------------------------------------------------
With Reverse Cycle
------------------------------------------------------------------------
<20,000 w/Louvers Btu/h                                              9.9
------------------------------------------------------------------------
$ 20,000 w/Louvers Btu/h                                             9.4
------------------------------------------------------------------------
<14,000 w/o Louvers Btu/h                                            9.4
------------------------------------------------------------------------
$14,000 w/o Louvers Btu/h                                            8.8
------------------------------------------------------------------------
Casement
------------------------------------------------------------------------
Casement Only                                                        9.6
------------------------------------------------------------------------
Casement-Slider                                                    10.5.
------------------------------------------------------------------------

       ``(C) Final rule.--
       ``(i) In general.--Not later than July 1, 2011, pursuant to 
     the test procedure adopted by the Secretary on January 6, 
     2011, the Secretary shall amend the standards specified in 
     the table contained in subparagraph (B) in accordance with 
     the procedures described in section 323(e)(2).
       ``(ii) Standby and off mode energy consumption.--

       ``(I) In general.--The Secretary shall integrate standby 
     and off mode energy consumption into the amended energy 
     efficiency ratios standards required under clause (i).
       ``(II) Requirements.--The amended standards described in 
     subclause (I) shall reflect the levels of standby and off 
     mode energy consumption that meet the criteria described in 
     section 325(o).

       ``(iii) Applicability.--

       ``(I) Amendment of standard.--Section 323(e)(3) shall not 
     apply to the amended standards described in clause (i).
       ``(II) Amended standards.--The amended standards required 
     by this subparagraph shall apply to products manufactured on 
     or after June 1, 2014.''.

     SEC. 12. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED WATER 
                   HEATERS.

       Section 325(e) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(e)) is amended by adding at the end the 
     following:
       ``(5) Uniform efficiency descriptor for covered water 
     heaters.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Covered water heater.--The term `covered water 
     heater' means--

       ``(I) a water heater; and
       ``(II) a storage water heater, instantaneous water heater, 
     and unfired water storage tank (as defined in section 340).

       ``(ii) Final rule.--The term `final rule' means the final 
     rule published under this paragraph.
       ``(B) Publication of final rule.--Not later than 180 days 
     after the date of enactment of this paragraph, the Secretary 
     shall publish a final rule that establishes a uniform 
     efficiency descriptor and accompanying test methods for 
     covered water heaters.
       ``(C) Purpose.--The purpose of the final rule shall be to 
     replace with a uniform efficiency descriptor--
       ``(i) the energy factor descriptor for water heaters 
     established under this subsection; and
       ``(ii) the thermal efficiency and standby loss descriptors 
     for storage water heaters, instantaneous water heaters, and 
     unfired water storage tanks established under section 
     342(a)(5).
       ``(D) Effect of final rule.--
       ``(i) In general.--Notwithstanding any other provision of 
     this title, effective beginning on the effective date of the 
     final rule, the efficiency standard for covered water heaters 
     shall be denominated according to the efficiency descriptor 
     established by the final rule.
       ``(ii) Effective date.--The final rule shall take effect 1 
     year after the date of publication of the final rule under 
     subparagraph (B).
       ``(E) Conversion factor.--
       ``(i) In general.--The Secretary shall develop a 
     mathematical conversion factor for converting the measurement 
     of efficiency for covered water heaters from the test 
     procedures in effect on the date of enactment of this 
     paragraph to the new energy descriptor established under the 
     final rule.
       ``(ii) Application.--The conversion factor shall apply to 
     models of covered water heaters affected by the final rule 
     and tested prior to the effective date of the final rule.
       ``(iii) Effect on efficiency requirements.--The conversion 
     factor shall not affect the minimum efficiency requirements 
     for covered water heaters otherwise established under this 
     title.
       ``(iv) Use.--During the period described in clause (v), a 
     manufacturer may apply the conversion factor established by 
     the Secretary to rerate existing models of covered water 
     heaters that are in existence prior to the effective date of 
     the rule described in clause (v)(II) to comply with the new 
     efficiency descriptor.
       ``(v) Period.--Subclause (E) shall apply during the 
     period--

       ``(I) beginning on the date of publication of the 
     conversion factor in the Federal Register; and
       ``(II) ending on April 16, 2015.

       ``(F) Exclusions.--The final rule may exclude a specific 
     category of covered water heaters from the uniform efficiency 
     descriptor established under this paragraph if the Secretary 
     determines that the category of water heaters--
       ``(i) does not have a residential use and can be clearly 
     described in the final rule; and
       ``(ii) are effectively rated using the thermal efficiency 
     and standby loss descriptors applied (on the date of 
     enactment of this paragraph) to the category under section 
     342(a)(5).
       ``(G) Options.--The descriptor set by the final rule may 
     be--
       ``(i) a revised version of the energy factor descriptor in 
     use on the date of enactment of this paragraph;
       ``(ii) the thermal efficiency and standby loss descriptors 
     in use on that date;
       ``(iii) a revised version of the thermal efficiency and 
     standby loss descriptors;

[[Page 2323]]

       ``(iv) a hybrid of descriptors; or
       ``(v) a new approach.
       ``(H) Application.--The efficiency descriptor and 
     accompanying test method established under the final rule 
     shall apply, to the maximum extent practicable, to all water 
     heating technologies in use on the date of enactment of this 
     paragraph and to future water heating technologies.
       ``(I) Participation.--The Secretary shall invite interested 
     stakeholders to participate in the rulemaking process used to 
     establish the final rule.
       ``(J) Testing of alternative descriptors.--In establishing 
     the final rule, the Secretary shall contract with the 
     National Institute of Standards and Technology, as necessary, 
     to conduct testing and simulation of alternative descriptors 
     identified for consideration.
       ``(K) Existing covered water heaters.--A covered water 
     heater shall be considered to comply with the final rule on 
     and after the effective date of the final rule and with any 
     revised labeling requirements established by the Federal 
     Trade Commission to carry out the final rule if the covered 
     water heater--
       ``(i) was manufactured prior to the effective date of the 
     final rule; and
       ``(ii) complied with the efficiency standards and labeling 
     requirements in effect prior to the final rule.''.

     SEC. 13. CLOTHES DRYERS.

       Section 325(g)(4) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(g)(4)) is amended by adding at the end the 
     following:
       ``(D) Minimum energy factors for clothes dryers.--
       ``(i) In general.--Based on the test procedure in effect as 
     of July 9, 2010, clothes dryers manufactured on or after 
     January 1, 2015, shall comply with the minimum energy factors 
     specified in the table contained in clause (ii).
       ``(ii) New standards.--The minimum energy factors referred 
     to in clause (i) are as follows:


 
              ``Product Description                         EF
------------------------------------------------------------------------
Vented Electric Standard                          3.17
------------------------------------------------------------------------
Vented Electric Compact 120V                      3.29
------------------------------------------------------------------------
Vented Electric Compact 240V                      3.05
------------------------------------------------------------------------
Vented Gas                                        2.81
------------------------------------------------------------------------
Vent-Less Electric Compact 240V                   2.37
------------------------------------------------------------------------
Vent-Less Electric Combination Washer/Dryer       1.95
------------------------------------------------------------------------

       ``(iii) Final rule.--

       ``(I) Requirements.--

       ``(aa) In general.--The final rule to amend the clothes 
     dryer test procedure adopted pursuant to section 
     323(b)(24)(B) shall amend the energy factors standards 
     specified in the table contained in clause (ii) in accordance 
     with the procedures described in section 323(e)(2).
       ``(bb) Representative sample.--To establish a 
     representative sample of compliant products, the Secretary 
     shall select a sample of minimally compliant dryers that 
     automatically terminate the drying cycle at not less than 4 
     percent remaining moisture content.

       ``(II) Standby and off mode energy consumption.--

       ``(aa) Integration.--The Secretary shall integrate standby 
     and off mode energy consumption into the amended standards 
     required under subclause (I).
       ``(bb) Requirements.--The amended standards described in 
     item (aa) shall reflect levels of standby and off mode energy 
     consumption that meet the criteria described in section 
     325(o).

       ``(III) Applicability.--

       ``(aa) Amendment of standard.--Section 323(e)(3) shall not 
     apply to the amended standards described in subclause (I).
       ``(bb) Amended standards.--The amended standards required 
     by this clause shall apply to products manufactured on or 
     after January 1, 2015.
       ``(iv) Other standards.--Any dryer energy conservation 
     standard that takes effect after the date of enactment of 
     this subparagraph but before the amended standard required by 
     this subparagraph shall not apply.''.

     SEC. 14. STANDARDS FOR CLOTHES WASHERS.

       Section 325(g)(9) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(g)(9)) is amended by striking subparagraph 
     (B) and inserting the following:
       ``(B) Amendment of standards.--
       ``(i) Products manufactured on or after january 1, 2015.--

       ``(I) In general.--Based on the test procedure in effect on 
     July 9, 2010, clothes washers manufactured on or after 
     January 1, 2015, shall comply with the minimum modified 
     energy factors and maximum water factors specified in the 
     table contained in subclause (II).
       ``(II) Standards.--The minimum modified energy factors and 
     maximum water factors referred to in subclause (I) are as 
     follows:


 
 
------------------------------------------------------------------------
                                                    ``MEF            WF
------------------------------------------------------------------------
Top Loading--Standard                                1.72           8.0
------------------------------------------------------------------------
Top Loading--Compact                                 1.26          14.0
------------------------------------------------------------------------
Front Loading--Standard                               2.2           4.5
------------------------------------------------------------------------
Front Loading--Compact (less than 1.6 cu.            1.72          8.0.
 ft. capacity)
------------------------------------------------------------------------

       ``(ii) Products manufactured on or after january 1, 2018.--

       ``(I) In general.--Based on the test procedure in effect on 
     July 9, 2010, top-loading clothes washers manufactured on or 
     after January 1, 2018, shall comply with the minimum modified 
     energy factors and maximum water factors specified in the 
     table contained in subclause (II).
       ``(II) Standards.--The minimum modified energy factors and 
     maximum water factors referred to in subclause (I) are as 
     follows:


 
 
------------------------------------------------------------------------
                                      ``MEF   WF
------------------------------------------------------------------------
Top Loading--Standard                   2.0   6.0
------------------------------------------------------------------------
Top Loading--Compact                   1.81   11.6.
------------------------------------------------------------------------

       ``(iii) Final rule.--

       ``(I) In general.--The final rule to amend the clothes 
     washer test procedure adopted pursuant to section 
     323(b)(24)(A) shall amend the standards described in clauses 
     (i) and (ii) in accordance with the procedures described in 
     section 323(e)(2).
       ``(II) Standby and off mode energy consumption.--

       ``(aa) Integration.--The Secretary shall integrate standby 
     and off mode energy consumption into the amended modified 
     energy factor standards required under subclause (I).
       ``(bb) Requirements.--The amended modified energy factor 
     standards described in item (aa) shall reflect levels of 
     standby and off mode energy consumption that meet the 
     criteria described in section 325(o).

       ``(III) Applicability.--

       ``(aa) Amendment of standard.--Section 323(e)(3) shall not 
     apply to the amended standards described in subclause (I).
       ``(bb) Amended standards for products manufactured on or 
     after january 1, 2015.--Amended standards required by this 
     clause that are based on clause (i) shall apply to products 
     manufactured on or after January 1, 2015.
       ``(cc) Amended standards for products manufactured on or 
     after january 1, 2018.--Amended standards required by this 
     clause that are based on clause (ii) shall apply to products 
     manufactured on or after January 1, 2018.''.

     SEC. 15. DISHWASHERS.

       Section 325(g)(10) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6295(g)(10)) is amended--
       (1) by striking subparagraph (A);
       (2) by redesignating subparagraph (B) as subparagraph (D); 
     and
       (3) by inserting before subparagraph (D) (as redesignated 
     by paragraph (2)) the following:
       ``(A) Dishwashers manufactured on or after january 1, 
     2010.--A dishwasher manufactured on or after January 1, 2010, 
     shall--
       ``(i) for a standard size dishwasher, not exceed 355 
     kilowatt hours per year and 6.5 gallons per cycle; and
       ``(ii) for a compact size dishwasher, not exceed 260 
     kilowatt hours per year and 4.5 gallons per cycle.
       ``(B) Dishwashers manufactured on or after january 1, 
     2013.--A dishwasher manufactured on or after January 1, 2013, 
     shall--
       ``(i) for a standard size dishwasher, not exceed 307 
     kilowatt hours per year and 5.0 gallons per cycle; and
       ``(ii) for a compact size dishwasher, not exceed 222 
     kilowatt hours per year and 3.5 gallons per cycle.
       ``(C) Requirements of final rules.--
       ``(i) In general.--Any final rule to amend the dishwasher 
     test procedure after July 9, 2010, and before January 1, 
     2013, shall amend the standards described in subparagraph (B) 
     in accordance with the procedures described in section 
     323(e)(2).
       ``(ii) Applicability.--

       ``(I) Amendment of standard.--Section 323(e)(3) shall not 
     apply to the amended standards described in clause (i).
       ``(II) Amended standards.--The amended standards required 
     by this subparagraph shall apply to products manufactured on 
     or after January 1, 2013.''.

     SEC. 16. PETITION FOR AMENDED STANDARDS.

       Section 325(n) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(n)) is amended--
       (1) by redesignating paragraph (3) as paragraph (5); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Notice of decision.--Not later than 180 days after 
     the date of receiving a petition, the Secretary shall publish 
     in the Federal Register a notice of, and explanation for, the 
     decision of the Secretary to grant or deny the petition.
       ``(4) New or amended standards.--Not later than 3 years 
     after the date of granting

[[Page 2324]]

     a petition for new or amended standards, the Secretary shall 
     publish in the Federal Register--
       ``(A) a final rule that contains the new or amended 
     standards; or
       ``(B) a determination that no new or amended standards are 
     necessary.''.

     SEC. 17. PROHIBITED ACTS.

       Section 332(a) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6302(a)) is amended--
       (1) in paragraph (1), by striking ``for any manufacturer or 
     private labeler to distribute'' and inserting ``for any 
     manufacturer (or representative of a manufacturer), 
     distributor, retailer, or private labeler to offer for sale 
     or distribute'';
       (2) by striking paragraph (5) and inserting the following:
       ``(5) for any manufacturer (or representative of a 
     manufacturer), distributor, retailer, or private labeler--
       ``(A) to offer for sale or distribute in commerce any new 
     covered product that is not in conformity with an applicable 
     energy conservation standard established in or prescribed 
     under this part; or
       ``(B) if the standard is a regional standard that is more 
     stringent than the base national standard, to offer for sale 
     or distribute in commerce any new covered product having 
     knowledge (consistent with the definition of `knowingly' in 
     section 333(b)) that the product will be installed at a 
     location covered by a regional standard established in or 
     prescribed under this part and will not be in conformity with 
     the standard;'';
       (3) in paragraph (6) (as added by section 306(b)(2) of 
     Public Law 110-140 (121 Stat. 1559)), by striking the period 
     at the end and inserting a semicolon;
       (4) by redesignating paragraph (6) (as added by section 
     321(e)(3) of Public Law 110-140 (121 Stat. 1586)) as 
     paragraph (7);
       (5) in paragraph (7) (as so redesignated)--
       (A) by striking ``for any manufacturer, distributor, 
     retailer, or private labeler to distribute'' and inserting 
     ``for any manufacturer (or representative of a manufacturer), 
     distributor, retailer, or private labeler to offer for sale 
     or distribute''; and
       (B) by striking the period at the end and inserting a 
     semicolon; and
       (6) by inserting after paragraph (7) (as so redesignated) 
     the following:
       ``(8) for any manufacturer or private labeler to distribute 
     in commerce any new covered product that has not been 
     properly certified in accordance with the requirements 
     established in or prescribed under this part;
       ``(9) for any manufacturer or private labeler to distribute 
     in commerce any new covered product that has not been 
     properly tested in accordance with the requirements 
     established in or prescribed under this part; and
       ``(10) for any manufacturer or private labeler to violate 
     any regulation lawfully promulgated to implement any 
     provision of this part.''.

     SEC. 18. OUTDOOR LIGHTING.

       (a) Definitions.--
       (1) Covered equipment.--Section 340(1) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6311(1)) is amended--
       (A) by redesignating subparagraph (L) as subparagraph (O); 
     and
       (B) by inserting after subparagraph (K) the following:
       ``(L) High light output double-ended quartz halogen lamps.
       ``(M) General purpose mercury vapor lamps.''.
       (2) Industrial equipment.--Section 340(2)(B) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6311(2)(B)) is 
     amended--
       (A) by striking ``and'' before ``unfired hot water''; and
       (B) by inserting after ``tanks'' the following: ``, high 
     light output double-ended quartz halogen lamps, and general 
     purpose mercury vapor lamps''.
       (3) New definitions.--Section 340 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6311) is amended--
       (A) by redesignating paragraphs (22) and (23) (as amended 
     by sections 312(a)(2) and 314(a) of the Energy Independence 
     and Security Act of 2007 (121 Stat. 1564, 1569)) as 
     paragraphs (23) and (24), respectively; and
       (B) by adding at the end the following:
       ``(25) General purpose mercury vapor lamp.--The term 
     `general purpose mercury vapor lamp' means a mercury vapor 
     lamp (as defined in section 321) that--
       ``(A) has a screw base;
       ``(B) is designed for use in general lighting applications 
     (as defined in section 321);
       ``(C) is not a specialty application mercury vapor lamp; 
     and
       ``(D) is designed to operate on a mercury vapor lamp 
     ballast (as defined in section 321) or is a self- ballasted 
     lamp.
       ``(26) High light output double-ended quartz halogen 
     lamp.--The term `high light output double-ended quartz 
     halogen lamp' means a lamp that--
       ``(A) is designed for general outdoor lighting purposes;
       ``(B) contains a tungsten filament;
       ``(C) has a rated initial lumen value of greater than 6,000 
     and less than 40,000 lumens;
       ``(D) has at each end a recessed single contact, R7s base;
       ``(E) has a maximum overall length (MOL) between 4 and 11 
     inches;
       ``(F) has a nominal diameter less than \3/4\ inch (T6);
       ``(G) is designed to be operated at a voltage not less than 
     110 volts and not greater than 200 volts or is designed to be 
     operated at a voltage between 235 volts and 300 volts;
       ``(H) is not a tubular quartz infrared heat lamp; and
       ``(I) is not a lamp marked and marketed as a Stage and 
     Studio lamp with a rated life of 500 hours or less.
       ``(27) Specialty application mercury vapor lamp.--The term 
     `specialty application mercury vapor lamp' means a mercury 
     vapor lamp (as defined in section 321) that is--
       ``(A) designed only to operate on a specialty application 
     mercury vapor lamp ballast (as defined in section 321); and
       ``(B) is marked and marketed for specialty applications 
     only.
       ``(28) Tubular quartz infrared heat lamp.--The term 
     `tubular quartz infrared heat lamp' means a double-ended 
     quartz halogen lamp that--
       ``(A) is marked and marketed as an infrared heat lamp; and
       ``(B) radiates predominately in the infrared radiation 
     range and in which the visible radiation is not of principle 
     interest.''.
       (b) Standards.--Section 342 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6313) is amended by adding at the 
     end the following:
       ``(g) High Light Output Double-Ended Quartz Halogen 
     Lamps.--A high light output double-ended quartz halogen lamp 
     manufactured on or after January 1, 2016, shall have a 
     minimum efficiency of--
       ``(1) 27 LPW for lamps with a minimum rated initial lumen 
     value greater than 6,000 and a maximum initial lumen value of 
     15,000; and
       ``(2) 34 LPW for lamps with a rated initial lumen value 
     greater than 15,000 and less than 40,000.
       ``(h) General Purpose Mercury Vapor Lamps.--A general 
     purpose mercury vapor lamp shall not be manufactured on or 
     after January 1, 2016.''.
       (c) Preemption.--Section 345 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6316) is amended--
       (1) in the first sentence of subsection (a), by striking 
     ``The'' and inserting ``Except as otherwise provided in this 
     section, the''; and
       (2) by adding at the end the following:
       ``(i) High Light Output Double-Ended Quartz Halogen 
     Lamps.--
       ``(1) In general.--Except as provided in paragraph (2), 
     section 327 shall apply to high light output double-ended 
     quartz halogen lamps to the same extent and in the same 
     manner as described in section 325(nn)(1).
       ``(2) State energy conservation standards.--Any State 
     energy conservation standard that is adopted on or before 
     January 1, 2015, pursuant to a statutory requirement to adopt 
     efficiency standard for reducing outdoor lighting energy use 
     enacted prior to January 31, 2008, shall not be preempted.''.

     SEC. 19. STANDARDS FOR COMMERCIAL FURNACES.

       Section 342(a) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6313(a)) is amended by adding at the end the 
     following:
       ``(11) Warm air furnaces with an input rating of 225,000 
     Btu per hour or more and manufactured on or after the date 
     that is 1 year after the date of enactment of this paragraph 
     shall meet the following standard levels:
       ``(A) Gas-fired units shall--
       ``(i) have a minimum combustion efficiency of 80 percent;
       ``(ii) include an interrupted or intermittent ignition 
     device;
       ``(iii) have jacket losses not exceeding 0.75 percent of 
     the input rating; and
       ``(iv) have power venting or a flue damper.
       ``(B) Oil-fired units shall have--
       ``(i) a minimum thermal efficiency of 81 percent;
       ``(ii) jacket losses not exceeding 0.75 percent of the 
     input rating; and
       ``(iii) power venting or a flue damper.''.

     SEC. 20. SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM 
                   TEMPERATURE COMMERCIAL REFRIGERATORS.

       Section 342(c) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6313(c)) is amended--
       (1) in paragraph (1)--
       (A) by redesignating subparagraph (C) as subparagraph (E); 
     and
       (B) by inserting after subparagraph (B) the following:
       ``(C) The term `service over the counter, self-contained, 
     medium temperature commercial refrigerator' or `(SOC-SC-M)' 
     means a medium temperature commercial refrigerator--
       ``(i) with a self-contained condensing unit and equipped 
     with sliding or hinged doors in the back intended for use by 
     sales personnel, and with glass or other transparent material 
     in the front for displaying merchandise; and
       ``(ii) that has a height not greater than 66 inches and is 
     intended to serve as a counter for transactions between sales 
     personnel and customers.
       ``(D) The term `TDA' means the total display area (ft\2\) 
     of the refrigerated case, as defined in AHRI Standard 
     1200.'';
       (2) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and

[[Page 2325]]

       (3) by inserting after paragraph (3) the following:
       ``(4) Each SOC-SC-M manufactured on or after January 1, 
     2012, shall have a total daily energy consumption (in 
     kilowatt hours per day) of not more than 0.6 x TDA + 1.0.''.

     SEC. 21. MOTOR MARKET ASSESSMENT AND COMMERCIAL AWARENESS 
                   PROGRAM.

       (a) Findings.--Congress finds that--
       (1) electric motor systems account for about half of the 
     electricity used in the United States;
       (2) electric motor energy use is determined by both the 
     efficiency of the motor and the system in which the motor 
     operates;
       (3) Federal Government research on motor end use and 
     efficiency opportunities is more than a decade old; and
       (4) the Census Bureau has discontinued collection of data 
     on motor and generator importation, manufacture, shipment, 
     and sales.
       (b) Definitions.--In this section:
       (1) Department.--The term ``Department'' means the 
     Department of Energy.
       (2) Interested parties.--The term ``interested parties'' 
     includes--
       (A) trade associations;
       (B) motor manufacturers;
       (C) motor end users;
       (D) electric utilities; and
       (E) individuals and entities that conduct energy efficiency 
     programs.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy, in consultation with interested parties.
       (c) Assessment.--The Secretary shall conduct an assessment 
     of electric motors and the electric motor market in the 
     United States that shall--
       (1) include important subsectors of the industrial and 
     commercial electric motor market (as determined by the 
     Secretary), including--
       (A) the stock of motors and motor-driven equipment;
       (B) efficiency categories of the motor population; and
       (C) motor systems that use drives, servos, and other 
     control technologies;
       (2) characterize and estimate the opportunities for 
     improvement in the energy efficiency of motor systems by 
     market segment, including opportunities for--
       (A) expanded use of drives, servos, and other control 
     technologies;
       (B) expanded use of process control, pumps, compressors, 
     fans or blowers, and material handling components; and
       (C) substitution of existing motor designs with existing 
     and future advanced motor designs, including electronically 
     commutated permanent magnet, interior permanent magnet, and 
     switched reluctance motors; and
       (3) develop an updated profile of motor system purchase and 
     maintenance practices, including surveying the number of 
     companies that have motor purchase and repair specifications, 
     by company size, number of employees, and sales.
       (d) Recommendations; Update.--Based on the assessment 
     conducted under subsection (c), the Secretary shall--
       (1) develop--
       (A) recommendations to update the detailed motor profile on 
     a periodic basis;
       (B) methods to estimate the energy savings and market 
     penetration that is attributable to the Save Energy Now 
     Program of the Department; and
       (C) recommendations for the Director of the Census Bureau 
     on market surveys that should be undertaken in support of the 
     motor system activities of the Department; and
       (2) prepare an update to the Motor Master+ program of the 
     Department.
       (e) Program.--Based on the assessment, recommendations, and 
     update required under subsections (c) and (d), the Secretary 
     shall establish a proactive, national program targeted at 
     motor end-users and delivered in cooperation with interested 
     parties to increase awareness of--
       (1) the energy and cost-saving opportunities in commercial 
     and industrial facilities using higher efficiency electric 
     motors;
       (2) improvements in motor system procurement and management 
     procedures in the selection of higher efficiency electric 
     motors and motor-system components, including drives, 
     controls, and driven equipment; and
       (3) criteria for making decisions for new, replacement, or 
     repair motor and motor system components.

     SEC. 22. STUDY OF COMPLIANCE WITH ENERGY STANDARDS FOR 
                   APPLIANCES.

       (a) In General.--The Secretary of Energy shall conduct a 
     study of the degree of compliance with energy standards for 
     appliances, including an investigation of compliance rates 
     and options for improving compliance, including enforcement.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Energy shall submit 
     to the appropriate committees of Congress a report describing 
     the results of the study, including any recommendations.

     SEC. 23. STUDY OF DIRECT CURRENT ELECTRICITY SUPPLY IN 
                   CERTAIN BUILDINGS.

       (a) In General.--The Secretary of Energy shall conduct a 
     study--
       (1) of the costs and benefits (including significant energy 
     efficiency, power quality, and other power grid, safety, and 
     environmental benefits) of requiring high-quality, direct 
     current electricity supply in buildings; and
       (2) to determine, if the requirement described in paragraph 
     (1) is imposed, what the policy and role of the Federal 
     Government should be in realizing those benefits.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report describing the 
     results of the study, including any recommendations.

     SEC. 24. TECHNICAL CORRECTIONS.

       (a) Title III of Energy Independence and Security Act of 
     2007--Energy Savings Through Improved Standards for 
     Appliances and Lighting.--
       (1) Section 325(u) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6295(u)) (as amended by section 301(c) of the 
     Energy Independence and Security Act of 2007 (121 Stat. 
     1550)) is amended--
       (A) by redesignating paragraph (7) as paragraph (4); and
       (B) in paragraph (4) (as so redesignated), by striking 
     ``supplies is'' and inserting ``supply is''.
       (2) Section 302(b) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1551) is amended by striking 
     ``6313(a)'' and inserting ``6314(a)''.
       (3) Section 342(a)(6) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6313(a)(6)) (as amended by section 305(b)(2) 
     of the Energy Independence and Security Act of 2007 (121 
     Stat. 1554)) is amended--
       (A) in subparagraph (B)--
       (i) by striking ``If the Secretary'' and inserting the 
     following:
       ``(i) In general.--If the Secretary'';
       (ii) by striking ``clause (ii)(II)'' and inserting 
     ``subparagraph (A)(ii)(II)'';
       (iii) by striking ``clause (i)'' and inserting 
     ``subparagraph (A)(i)''; and
       (iv) by adding at the end the following:
       ``(ii) Factors.--In determining whether a standard is 
     economically justified for the purposes of subparagraph 
     (A)(ii)(II), the Secretary shall, after receiving views and 
     comments furnished with respect to the proposed standard, 
     determine whether the benefits of the standard exceed the 
     burden of the proposed standard by, to the maximum extent 
     practicable, considering--

       ``(I) the economic impact of the standard on the 
     manufacturers and on the consumers of the products subject to 
     the standard;
       ``(II) the savings in operating costs throughout the 
     estimated average life of the product in the type (or class) 
     compared to any increase in the price of, or in the initial 
     charges for, or maintenance expenses of, the products that 
     are likely to result from the imposition of the standard;
       ``(III) the total projected quantity of energy savings 
     likely to result directly from the imposition of the 
     standard;
       ``(IV) any lessening of the utility or the performance of 
     the products likely to result from the imposition of the 
     standard;
       ``(V) the impact of any lessening of competition, as 
     determined in writing by the Attorney General, that is likely 
     to result from the imposition of the standard;
       ``(VI) the need for national energy conservation; and
       ``(VII) other factors the Secretary considers relevant.

       ``(iii) Administration.--

       ``(I) Energy use and efficiency.--The Secretary may not 
     prescribe any amended standard under this paragraph that 
     increases the maximum allowable energy use, or decreases the 
     minimum required energy efficiency, of a covered product.
       ``(II) Unavailability.--

       ``(aa) In general.--The Secretary may not prescribe an 
     amended standard under this subparagraph if the Secretary 
     finds (and publishes the finding) that interested persons 
     have established by a preponderance of the evidence that a 
     standard is likely to result in the unavailability in the 
     United States in any product type (or class) of performance 
     characteristics (including reliability, features, sizes, 
     capacities, and volumes) that are substantially the same as 
     those generally available in the United States at the time of 
     the finding of the Secretary.
       ``(bb) Other types or classes.--The failure of some types 
     (or classes) to meet the criterion established under this 
     subclause shall not affect the determination of the Secretary 
     on whether to prescribe a standard for the other types or 
     classes.''; and
       (B) in subparagraph (C)(iv), by striking ``An amendment 
     prescribed under this subsection'' and inserting 
     ``Notwithstanding subparagraph (D), an amendment prescribed 
     under this subparagraph''.
       (4) Section 342(a)(6)(B)(iii) of the Energy Policy and 
     Conservation Act (as added by section 306(c) of the Energy 
     Independence and Security Act of 2007 (121 Stat. 1559)) is 
     transferred and redesignated as clause (vi) of section 
     342(a)(6)(C) of the Energy Policy and Conservation Act (as 
     amended by section 305(b)(2) of the Energy Independence and 
     Security Act of 2007 (121 Stat. 1554)).
       (5) Section 345 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6316) (as amended by section 312(e) of the Energy 
     Independence and Security Act of 2007 (121 Stat. 1567)) is 
     amended--
       (A) by striking ``subparagraphs (B) through (G)'' each 
     place it appears and inserting

[[Page 2326]]

     ``subparagraphs (B), (C), (D), (I), (J), and (K)'';
       (B) by striking ``part A'' each place it appears and 
     inserting ``part B''; and
       (C) in subsection (a)--
       (i) in paragraph (8), by striking ``and'' at the end;
       (ii) in paragraph (9), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(10) section 327 shall apply with respect to the 
     equipment described in section 340(1)(L) beginning on the 
     date on which a final rule establishing an energy 
     conservation standard is issued by the Secretary, except that 
     any State or local standard prescribed or enacted for the 
     equipment before the date on which the final rule is issued 
     shall not be preempted until the energy conservation standard 
     established by the Secretary for the equipment takes 
     effect.''; and
       (D) in subsection (h)(3), by striking ``section 342(f)(3)'' 
     and inserting ``section 342(f)(4)''.
       (6) Section 340(13) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6311(13)) (as amended by section 313(a) of the 
     Energy Independence and Security Act of 2007 (121 Stat. 
     1568)) is amended--
       (A) by striking subparagraphs (A) and (B) and inserting the 
     following:
       ``(A) In general.--The term `electric motor' means any of 
     the following:
       ``(i) A motor that is a general purpose T-frame, single-
     speed, foot-mounting, polyphase squirrel-cage induction motor 
     of the National Electrical Manufacturers Association, Design 
     A and B, continuous rated, operating on 230/460 volts and 
     constant 60 Hertz line power as defined in NEMA Standards 
     Publication MG1-1987.
       ``(ii) A motor incorporating the design elements described 
     in clause (i), but is configured to incorporate 1 or more of 
     the following variations:

       ``(I) U-frame motor.
       ``(II) NEMA Design C motor.
       ``(III) Close-coupled pump motor.
       ``(IV) Footless motor.
       ``(V) Vertical solid shaft normal thrust motor (as tested 
     in a horizontal configuration).
       ``(VI) 8-pole motor.
       ``(VII) Poly-phase motor with a voltage rating of not more 
     than 600 volts (other than 230 volts or 460 volts, or both, 
     or can be operated on 230 volts or 460 volts, or both).''; 
     and

       (B) by redesignating subparagraphs (C) through (I) as 
     subparagraphs (B) through (H), respectively.
       (7)(A) Section 342(b) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6313(b)) is amended--
       (i) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraph (3)'';
       (ii) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4);
       (iii) by inserting after paragraph (1) the following:
       ``(2) Standards effective beginning december 19, 2010.--
       ``(A) In general.--Except for definite purpose motors, 
     special purpose motors, and those motors exempted by the 
     Secretary under paragraph (3) and except as provided for in 
     subparagraphs (B), (C), and (D), each electric motor 
     manufactured with power ratings from 1 to 200 horsepower 
     (alone or as a component of another piece of equipment) on or 
     after December 19, 2010, shall have a nominal full load 
     efficiency of not less than the nominal full load efficiency 
     described in NEMA MG-1 (2006) Table 12-12.
       ``(B) Fire pump electric motors.--Except for those motors 
     exempted by the Secretary under paragraph (3), each fire pump 
     electric motor manufactured with power ratings from 1 to 200 
     horsepower (alone or as a component of another piece of 
     equipment) on or after December 19, 2010, shall have a 
     nominal full load efficiency that is not less than the 
     nominal full load efficiency described in NEMA MG-1 (2006) 
     Table 12-11.
       ``(C) NEMA design b electric motors.--Except for those 
     motors exempted by the Secretary under paragraph (3), each 
     NEMA Design B electric motor with power ratings of more than 
     200 horsepower, but not greater than 500 horsepower, 
     manufactured (alone or as a component of another piece of 
     equipment) on or after December 19, 2010, shall have a 
     nominal full load efficiency of not less than the nominal 
     full load efficiency described in NEMA MG-1 (2006) Table 12-
     11.
       ``(D) Motors incorporating certain design elements.--Except 
     for those motors exempted by the Secretary under paragraph 
     (3), each electric motor described in section 340(13)(A)(ii) 
     manufactured with power ratings from 1 to 200 horsepower 
     (alone or as a component of another piece of equipment) on or 
     after December 19, 2010, shall have a nominal full load 
     efficiency of not less than the nominal full load efficiency 
     described in NEMA MG-1 (2006) Table 12-11.''; and
       (iv) in paragraph (3) (as redesignated by clause (ii)), by 
     striking ``paragraph (1)'' each place it appears in 
     subparagraphs (A) and (D) and inserting ``paragraphs (1) and 
     (2)''.
       (B) Section 313 of the Energy Independence and Security Act 
     of 2007 (121 Stat. 1568) is repealed.
       (C) The amendments made by--
       (i) subparagraph (A) take effect on December 19, 2010; and
       (ii) subparagraph (B) take effect on December 19, 2007.
       (8) Section 321(30)(D)(i)(III) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291(30)(D)(i)(III)) (as amended 
     by section 321(a)(1)(A) of the Energy Independence and 
     Security Act of 2007 (121 Stat. 1574)) is amended by 
     inserting before the semicolon the following: ``or, in the 
     case of a modified spectrum lamp, not less than 232 lumens 
     and not more than 1,950 lumens''.
       (9) Section 321(30)(T) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291(30)(T)) (as amended by 
     section 321(a)(1)(B) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1574)) is amended--
       (A) in clause (i)--
       (i) by striking the comma after ``household appliance'' and 
     inserting ``and''; and
       (ii) by striking ``and is sold at retail,''; and
       (B) in clause (ii), by inserting ``when sold at retail,'' 
     before ``is designated''.
       (10) Section 325(i) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6295(i)) (as amended by sections 321(a)(3)(A) 
     and 322(b) of the Energy Independence and Security Act of 
     2007 (121 Stat. 1577, 1588)) is amended by striking the 
     subsection designation and all that follows through the end 
     of paragraph (8) and inserting the following:
       ``(i) General Service Fluorescent Lamps, General Service 
     Incandescent Lamps, Intermediate Base Incandescent Lamps, 
     Candelabra Base Incandescent Lamps, and Incandescent 
     Reflector Lamps.--
       ``(1) Energy efficiency standards.--
       ``(A) In general.--Each of the following general service 
     fluorescent lamps, general service incandescent lamps, 
     intermediate base incandescent lamps, candelabra base 
     incandescent lamps, and incandescent reflector lamps 
     manufactured after the effective date specified in the tables 
     listed in this subparagraph shall meet or exceed the 
     standards established in the following tables:

                                               ``FLUORESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
                                                                                                  Effective Date
           Lamp Type               Nominal Lamp       Minimum CRI       Minimum Average Lamp        (Period of
                                      Wattage                              Efficacy (LPW)            Months)
----------------------------------------------------------------------------------------------------------------
4-foot medium bi-pin...........        >35 W              69                    75.0                    36
                                       35 W               45                    75.0                    36
2-foot U-shaped................        >35 W              69                    68.0                    36
                                        35 W              45                    64.0                    36
8-foot slimline................        >65 W              69                    80.0                    18
                                       65 W               45                    80.0                    18
8-foot high output.............       >100 W              69                    80.0                    18
                                       100 W              45                    80.0                    18
----------------------------------------------------------------------------------------------------------------


                                         ``INCANDESCENT REFLECTOR LAMPS
----------------------------------------------------------------------------------------------------------------
                                                                            Minimum Average
                          Nominal Lamp Wattage                               Lamp Efficacy      Effective Date
                                                                                 (LPW)        (Period of Months)
----------------------------------------------------------------------------------------------------------------
 40-50..................................................................         10.5                 36
 51-66..................................................................         11.0                 36
 67-85..................................................................         12.5                 36

[[Page 2327]]

 
 86-115.................................................................         14.0                 36
116-155.................................................................         14.5                 36
156-205.................................................................         15.0                 36
----------------------------------------------------------------------------------------------------------------



                                      ``GENERAL SERVICE INCANDESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
                                                         Maximum Rated       Minimum Rated
                 Rated Lumen Ranges                         Wattage            Lifetime         Effective Date
----------------------------------------------------------------------------------------------------------------
1490-2600                                                            72           1,000 hrs            1/1/2012
1050-1489                                                            53           1,000 hrs            1/1/2013
750-1049                                                             43           1,000 hrs            1/1/2014
310-749                                                              29           1,000 hrs            1/1/2014
----------------------------------------------------------------------------------------------------------------



                             ``MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
                                                         Maximum Rated       Minimum Rated
                 Rated Lumen Ranges                         Wattage            Lifetime         Effective Date
----------------------------------------------------------------------------------------------------------------
1118-1950                                                            72           1,000 hrs            1/1/2012
788-1117                                                             53           1,000 hrs            1/1/2013
563-787                                                              43           1,000 hrs            1/1/2014
232-562                                                              29           1,000 hrs            1/1/2014
----------------------------------------------------------------------------------------------------------------

       ``(B) Application.--
       ``(i) Application criteria.--This subparagraph applies to 
     each lamp that--

       ``(I) is intended for a general service or general 
     illumination application (whether incandescent or not);
       ``(II) has a medium screw base or any other screw base not 
     defined in ANSI C81.61-2006;
       ``(III) is capable of being operated at a voltage at least 
     partially within the range of 110 to 130 volts; and
       ``(IV) is manufactured or imported after December 31, 2011.

       ``(ii) Requirement.--For purposes of this paragraph, each 
     lamp described in clause (i) shall have a color rendering 
     index that is greater than or equal to--

       ``(I) 80 for nonmodified spectrum lamps; or
       ``(II) 75 for modified spectrum lamps.

       ``(C) Candelabra incandescent lamps and intermediate base 
     incandescent lamps.--
       ``(i) Candelabra base incandescent lamps.--Effective 
     beginning January 1, 2012, a candelabra base incandescent 
     lamp shall not exceed 60 rated watts.
       ``(ii) Intermediate base incandescent lamps.--Effective 
     beginning January 1, 2012, an intermediate base incandescent 
     lamp shall not exceed 40 rated watts.
       ``(D) Exemptions.--
       ``(i) Statutory exemptions.--The standards specified in 
     subparagraph (A) shall not apply to the following types of 
     incandescent reflector lamps:

       ``(I) Lamps rated at 50 watts or less that are ER30, BR30, 
     BR40, or ER40 lamps.
       ``(II) Lamps rated at 65 watts that are BR30, BR40, or ER40 
     lamps.
       ``(III) R20 incandescent reflector lamps rated 45 watts or 
     less.

       ``(ii) Administrative exemptions.--

       ``(I) Petition.--Any person may petition the Secretary for 
     an exemption for a type of general service lamp from the 
     requirements of this subsection.
       ``(II) Criteria.--The Secretary may grant an exemption 
     under subclause (I) only to the extent that the Secretary 
     finds, after a hearing and opportunity for public comment, 
     that it is not technically feasible to serve a specialized 
     lighting application (such as a military, medical, public 
     safety, or certified historic lighting application) using a 
     lamp that meets the requirements of this subsection.
       ``(III) Additional criterion.--To grant an exemption for a 
     product under this clause , the Secretary shall include, as 
     an additional criterion, that the exempted product is 
     unlikely to be used in a general service lighting 
     application.

       ``(E) Extension of coverage.--
       ``(i) Petition.--Any person may petition the Secretary to 
     establish standards for lamp shapes or bases that are 
     excluded from the definition of general service lamps.
       ``(ii) Increased sales of exempted lamps.--The petition 
     shall include evidence that the availability or sales of 
     exempted incandescent lamps have increased significantly 
     since the date on which the standards on general service 
     incandescent lamps were established.
       ``(iii) Criteria.--The Secretary shall grant a petition 
     under clause (i) if the Secretary finds that--

       ``(I) the petition presents evidence that demonstrates that 
     commercial availability or sales of exempted incandescent 
     lamp types have increased significantly since the standards 
     on general service lamps were established and likely are 
     being widely used in general lighting applications; and
       ``(II) significant energy savings could be achieved by 
     covering exempted products, as determined by the Secretary 
     based in part on sales data provided to the Secretary from 
     manufacturers and importers.

       ``(iv) No presumption.--The grant of a petition under this 
     subparagraph shall create no presumption with respect to the 
     determination of the Secretary with respect to any criteria 
     under a rulemaking conducted under this section.
       ``(v) Expedited proceeding.--If the Secretary grants a 
     petition for a lamp shape or base under this subparagraph, 
     the Secretary shall--

       ``(I) conduct a rulemaking to determine standards for the 
     exempted lamp shape or base; and
       ``(II) complete the rulemaking not later than 18 months 
     after the date on which notice is provided granting the 
     petition.

       ``(F) Effective dates.--
       ``(i) In general.--In this paragraph, except as otherwise 
     provided in a table contained in subparagraph (A) or in 
     clause (ii), the term `effective date' means the last day of 
     the period of months specified in the table after October 24, 
     1992.
       ``(ii) Special effective dates.--

       ``(I) ER, br, and bpar lamps.--The standards specified in 
     subparagraph (A) shall apply with respect to ER incandescent 
     reflector lamps, BR incandescent reflector lamps, BPAR 
     incandescent reflector lamps, and similar bulb shapes on and 
     after January 1, 2008, or the date that is 180 days after the 
     date of enactment of the Energy Independence and Security Act 
     of 2007.
       ``(II) Lamps between 2.25-2.75 inches in diameter.--The 
     standards specified in subparagraph (A) shall apply with 
     respect to incandescent reflector lamps with a diameter of 
     more than 2.25 inches, but not more than 2.75 inches, on and 
     after the later of January 1, 2008, or the date that is 180 
     days after the date of enactment of the Energy Independence 
     and Security Act of 2007.

       ``(2) Compliance with existing law.--Notwithstanding 
     section 332(a)(5) and section 332(b), it shall not be 
     unlawful for a manufacturer to sell a lamp that is in 
     compliance with the law at the time the lamp was 
     manufactured.
       ``(3) Rulemaking before october 24, 1995.--
       ``(A) In general.--Not later than 36 months after October 
     24, 1992, the Secretary shall initiate a rulemaking procedure 
     and shall publish a final rule not later than the end of the 
     54-month period beginning on October 24, 1992, to determine 
     whether the standards established under paragraph (1) should 
     be amended.
       ``(B) Administration.--The rule shall contain the 
     amendment, if any, and provide that

[[Page 2328]]

     the amendment shall apply to products manufactured on or 
     after the 36-month period beginning on the date on which the 
     final rule is published.
       ``(4) Rulemaking before october 24, 2000.--
       ``(A) In general.--Not later than 8 years after October 24, 
     1992, the Secretary shall initiate a rulemaking procedure and 
     shall publish a final rule not later than 9 years and 6 
     months after October 24, 1992, to determine whether the 
     standards in effect for fluorescent lamps and incandescent 
     lamps should be amended.
       ``(B) Administration.--The rule shall contain the 
     amendment, if any, and provide that the amendment shall apply 
     to products manufactured on or after the 36-month period 
     beginning on the date on which the final rule is published.
       ``(5) Rulemaking for additional general service fluorescent 
     lamps.--
       ``(A) In general.--Not later than the end of the 24-month 
     period beginning on the date labeling requirements under 
     section 324(a)(2)(C) become effective, the Secretary shall--
       ``(i) initiate a rulemaking procedure to determine whether 
     the standards in effect for fluorescent lamps and 
     incandescent lamps should be amended so that the standards 
     would be applicable to additional general service fluorescent 
     lamps; and
       ``(ii) publish, not later than 18 months after initiating 
     the rulemaking, a final rule including the amended standards, 
     if any.
       ``(B) Administration.--The rule shall provide that the 
     amendment shall apply to products manufactured after a date 
     which is 36 months after the date on which the rule is 
     published.
       ``(6) Standards for general service lamps.--
       ``(A) Rulemaking before january 1, 2014.--
       ``(i) In general.--Not later than January 1, 2014, the 
     Secretary shall initiate a rulemaking procedure to determine 
     whether--

       ``(I) standards in effect for general service lamps should 
     be amended; and
       ``(II) the exclusions for certain incandescent lamps should 
     be maintained or discontinued based, in part, on excluded 
     lamp sales collected by the Secretary from manufacturers.

       ``(ii) Scope.--The rulemaking--

       ``(I) shall not be limited to incandescent lamp 
     technologies; and
       ``(II) shall include consideration of a minimum standard of 
     45 lumens per watt for general service lamps.

       ``(iii) Amended standards.--If the Secretary determines 
     that the standards in effect for general service lamps should 
     be amended, the Secretary shall publish a final rule not 
     later than January 1, 2017, with an effective date that is 
     not earlier than 3 years after the date on which the final 
     rule is published.
       ``(iv) Phased-in effective dates.--The Secretary shall 
     consider phased-in effective dates under this subparagraph 
     after considering--

       ``(I) the impact of any amendment on manufacturers, 
     retiring and repurposing existing equipment, stranded 
     investments, labor contracts, workers, and raw materials; and
       ``(II) the time needed to work with retailers and lighting 
     designers to revise sales and marketing strategies.

       ``(v) Backstop requirement.--If the Secretary fails to 
     complete a rulemaking in accordance with clauses (i) through 
     (iv) or if the final rule does not produce savings that are 
     greater than or equal to the savings from a minimum efficacy 
     standard of 45 lumens per watt, effective beginning January 
     1, 2020, the Secretary shall prohibit the manufacture of any 
     general service lamp that does not meet a minimum efficacy 
     standard of 45 lumens per watt.
       ``(vi) State preemption.--Neither section 327 nor any other 
     provision of law shall preclude California or Nevada from 
     adopting, effective beginning on or after January 1, 2018--

       ``(I) a final rule adopted by the Secretary in accordance 
     with clauses (i) through (iv);
       ``(II) if a final rule described in subclause (I) has not 
     been adopted, the backstop requirement under clause (v); or
       ``(III) in the case of California, if a final rule 
     described in subclause (I) has not been adopted, any 
     California regulations relating to these covered products 
     adopted pursuant to State statute in effect on the date of 
     enactment of the Energy Independence and Security Act of 
     2007.

       ``(B) Rulemaking before january 1, 2020.--
       ``(i) In general.--Not later than January 1, 2020, the 
     Secretary shall initiate a rulemaking procedure to determine 
     whether--

       ``(I) standards in effect for general service lamps should 
     be amended; and
       ``(II) the exclusions for certain incandescent lamps should 
     be maintained or discontinued based, in part, on excluded 
     lamp sales data collected by the Secretary from 
     manufacturers.

       ``(ii) Scope.--The rulemaking shall not be limited to 
     incandescent lamp technologies.
       ``(iii) Amended standards.--If the Secretary determines 
     that the standards in effect for general service lamps should 
     be amended, the Secretary shall publish a final rule not 
     later than January 1, 2022, with an effective date that is 
     not earlier than 3 years after the date on which the final 
     rule is published.
       ``(iv) Phased-in effective dates.--The Secretary shall 
     consider phased-in effective dates under this subparagraph 
     after considering--

       ``(I) the impact of any amendment on manufacturers, 
     retiring and repurposing existing equipment, stranded 
     investments, labor contracts, workers, and raw materials; and
       ``(II) the time needed to work with retailers and lighting 
     designers to revise sales and marketing strategies.

       ``(7) Federal actions.--
       ``(A) Comments of secretary.--
       ``(i) In general.--With respect to any lamp to which 
     standards are applicable under this subsection or any lamp 
     specified in section 346, the Secretary shall inform any 
     Federal entity proposing actions that would adversely impact 
     the energy consumption or energy efficiency of the lamp of 
     the energy conservation consequences of the action.
       ``(ii) Consideration.--The Federal entity shall carefully 
     consider the comments of the Secretary.
       ``(B) Amendment of standards.--Notwithstanding section 
     325(n)(1), the Secretary shall not be prohibited from 
     amending any standard, by rule, to permit increased energy 
     use or to decrease the minimum required energy efficiency of 
     any lamp to which standards are applicable under this 
     subsection if the action is warranted as a result of other 
     Federal action (including restrictions on materials or 
     processes) that would have the effect of either increasing 
     the energy use or decreasing the energy efficiency of the 
     product.
       ``(8) Compliance.--
       ``(A) In general.--Not later than the date on which 
     standards established pursuant to this subsection become 
     effective, or, with respect to high-intensity discharge lamps 
     covered under section 346, the effective date of standards 
     established pursuant to that section, each manufacturer of a 
     product to which the standards are applicable shall file with 
     the Secretary a laboratory report certifying compliance with 
     the applicable standard for each lamp type.
       ``(B) Contents.--The report shall include the lumen output 
     and wattage consumption for each lamp type as an average of 
     measurements taken over the preceding 12-month period.
       ``(C) Other lamp types.--With respect to lamp types that 
     are not manufactured during the 12-month period preceding the 
     date on which the standards become effective, the report 
     shall--
       ``(i) be filed with the Secretary not later than the date 
     that is 12 months after the date on which manufacturing is 
     commenced; and
       ``(ii) include the lumen output and wattage consumption for 
     each such lamp type as an average of measurements taken 
     during the 12-month period.''.
       (11) Section 325(l)(4)(A) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295(l)(4)(A)) (as amended by 
     section 321(a)(3)(B) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1581)) is amended by striking 
     ``only''.
       (12) Section 327(b)(1)(B) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6297(b)(1)(B)) (as amended by 
     section 321(d)(3) of the Energy Independence and Security Act 
     of 2007 (121 Stat. 1585)) is amended--
       (A) in clause (i), by inserting ``and'' after the semicolon 
     at the end;
       (B) in clause (ii), by striking ``; and'' and inserting a 
     period; and
       (C) by striking clause (iii).
       (13) Section 321(30)(C)(ii) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291(30)(C)(ii)) (as amended by 
     section 322(a)(1)(B) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1587)) is amended by inserting a 
     period after ``40 watts or higher''.
       (14) Section 322(b) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1588) is amended by striking 
     ``6995(i)'' and inserting ``6295(i)''.
       (15) Section 327(c) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6297(c)) (as amended by sections 324(f) of the 
     Energy Independence and Security Act of 2007 (121 Stat. 1594) 
     and section 6(e)(2)) is amended--
       (A) in paragraph (6), by striking ``or'' after the 
     semicolon at the end;
       (B) in paragraph (9)(B), by striking ``or'' at the end;
       (C) in paragraph (10), by striking the period at the end 
     and inserting a semicolon;
       (D) by adding at the end the following:
       ``(11) is a regulation for general service lamps that 
     conforms with Federal standards and effective dates; or
       ``(12) is an energy efficiency standard for general service 
     lamps enacted into law by the State of Nevada prior to 
     December 19, 2007, if the State has not adopted the Federal 
     standards and effective dates pursuant to subsection 
     (b)(1)(B)(ii).''.
       (16) Section 325(b) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1596) is amended by striking 
     ``6924(c)'' and inserting ``6294(c)''.
       (17) This subsection and the amendments made by this 
     subsection take effect as if included in the Energy 
     Independence and Security Act of 2007 (Public Law 110-140; 
     121 Stat. 1492).
       (b) Energy Policy Act of 2005.--

[[Page 2329]]

       (1) Section 325(g)(8)(C)(ii) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295(g)(8)(C)(ii)) (as added by 
     section 135(c)(2)(B) of the Energy Policy Act of 2005) is 
     amended by striking ``20F'' and inserting ``-20F''.
       (2) This subsection and the amendment made by this 
     subsection take effect as if included in the Energy Policy 
     Act of 2005 (Public Law 109-58; 119 Stat. 594).
       (c) Energy Policy and Conservation Act.--
       (1) Section 340(2)(B) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6311(2)(B)) is amended--
       (A) in clause (xi), by striking ``and'' at the end;
       (B) in clause (xii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(xiii) other motors.''.
       (2) Section 343(a) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6314(a)) is amended by striking ``Air-
     Conditioning and Refrigeration Institute'' each place it 
     appears in paragraphs (4)(A) and (7) and inserting ``Air-
     Conditioning, Heating, and Refrigeration Institute''.
                                  ____


Section-by-Section Summary of the Implementation of National Consensus 
               Appliance Agreements Act of 2011 (INCAAA)

       Purpose: DOE's ``Appliance Standards Program'' (Title III, 
     Part B of the Energy Policy and Conservation Act (EPCA) (42 
     USC 6291)) establishes energy efficiency standards for dozens 
     of appliances and types of commercial equipment. These 
     standards have been extraordinarily effective for improving 
     the nation's economic and energy security, by 2010 reducing 
     national non-transportation energy use by about 7 percent 
     below what it otherwise would be. Appliance manufacturers 
     have supported standards because of their significant 
     national benefits and because they typically replace a 
     patchwork of state regulations. This bill would amend EPCA to 
     enact consensus energy-efficiency standards for a range of 
     products that were agreed to among industry, energy advocate 
     and consumer stakeholders. More specifically, . . .
       Sec. 1. Short title; table of contents.
       Sec. 2. Energy conservation standards: clarifies that 
     `energy conservation standard' means one or more performance 
     or design requirements such as energy and water efficiency. 
     Adds definitions, effective dates, and standards for: central 
     air conditioners and heat pumps, through-the-wall central air 
     conditioners; through-the-wall central air conditioning heat 
     pumps; small-duct, high-velocity systems; and non-weatherized 
     furnaces, as agreed to between manufacturers and efficiency 
     advocacy groups. Finally, it provides that building codes may 
     allow for appliance standards to exceed the federal standard 
     in certain cases.
       Sec. 3. Energy conservation standards for heat pump pool 
     heaters: adds definitions, standards and effective dates for 
     heat pump pool heaters, as agreed to between manufacturers 
     and efficiency and consumer advocacy groups.
       Sec. 4. GU-24 base lamps: adds definitions, standards and 
     effective dates for the next-generation, GU-24 lamps, lamp 
     sockets, and adaptors, as agreed to between manufacturers and 
     efficiency and consumer advocacy groups.
       Sec. 5. Efficiency standards for bottle-type water 
     dispensers, commercial hot food holding cabinets, and 
     portable electric spas: adds definitions, exclusions, test 
     procedures, standards and effective dates for bottle-type 
     water dispensers, commercial hot food holding cabinets, and 
     portable electric spas, as agreed to between manufacturers 
     and efficiency and consumer advocacy groups.
       Sec. 6. Test procedure petition process: (a) provides that 
     any person may petition DOE to prescribe or amend test 
     procedures and establishes deadlines for DOE to respond to 
     such petitions; and (b) for certain industrial equipment, 
     clarifies that DOE periodically review test procedures, and 
     provides that any person may petition DOE to prescribe or 
     amend test procedures for such equipment and establishes 
     deadlines for DOE to respond to such petitions. It also 
     provides that DOE may use the Direct Final Rule procedure 
     currently available to prescribe consensus standards, to 
     prescribe consensus test procedures.
       Sec. 7. Amendments to Home Appliance Test Methods: sets 
     deadlines regarding refrigerator and freezer, clothes washer, 
     and clothes dryer test methods.
       Sec. 8. Credit for Energy Star Smart Appliances: directs 
     federal officials to determine whether to update Energy Star 
     criteria for certain products to incorporate smart grid and 
     demand response features.
       Sec. 9. Video game console energy efficiency study: directs 
     DOE to conduct a study of video game console energy use and 
     opportunities for energy savings, and upon completion to 
     determine whether to establish an efficiency standard. If 
     standards are not established, then DOE shall conduct a 
     follow-up study.
       Sec. 10. Refrigerator and freezer standards: updates 
     definitions, exceptions, standards and effective dates for 
     new standards for refrigerators and freezers, as agreed to 
     between manufacturers and efficiency and consumer advocacy 
     groups.
       Sec. 11. Room air conditioner standards: establishes new 
     standards and effective dates for room air-conditioners, as 
     agreed to between manufacturers and efficiency and consumer 
     advocacy groups.
       Sec. 12. Uniform efficiency descriptor for covered water 
     heaters: directs DOE to publish a final rule that establishes 
     a uniform efficiency descriptor and test methods for covered 
     water heaters. The section also sets forth other provisions 
     necessary to transition from the current two descriptors for 
     two types of water heaters, to having a single descriptor for 
     all covered water heaters.
       Sec. 13. Clothes dryers: establishes new standards and 
     effective dates for clothes dryers, as agreed to between 
     manufacturers and efficiency and consumer advocacy groups.
       Sec. 14. Standards for clothes washers: establishes new 
     standards and effective dates for clothes washers, as agreed 
     to between manufacturers and efficiency and consumer advocacy 
     groups.
       Sec. 15. Dishwashers: establishes new standards and 
     effective dates for dishwashers, as agreed to between 
     manufacturers and efficiency and consumer advocacy groups.
       Sec. 16. Petition for amended standards: requires DOE to 
     publish an explanation of DOE's decision to grant or deny a 
     petition for a new or amended standard (filed under current 
     law) within 180 days, and to publish the new rule within 3 
     year in those cases where the petition is granted.
       Sec. 17. Prohibited acts: updates certain enforcement 
     provisions to clarify that prohibitions under the law apply 
     to distributors, retailers, and private labelers as well as 
     manufacturers, and clarifies that prohibitions must be 
     ``knowingly'' violated in the case of regional standards.
       Sec. 18. Outdoor lighting: establishes definitions, test 
     methods, standards, and effective dates for certain types of 
     outdoor lighting, as agreed to between manufacturers and 
     efficiency and consumer advocacy groups.
       Sec. 19. Standards for commercial furnaces: establishes a 
     new standard and effective date for commercial furnaces, as 
     agreed to between manufacturers and efficiency and consumer 
     advocacy groups.
       Sec. 20. Service over the counter, self-contained, medium 
     temperature commercial Refrigerators: establishes new 
     definitions and a standard and effective date for certain 
     service over the counter refrigerators, as agreed to between 
     manufacturers and efficiency and consumer advocacy groups.
       Sec. 21. Motor market assessment and commercial awareness 
     program: directs DOE to assess the U.S. electric motor market 
     and develop recommendations on ways to improve the efficiency 
     of motor systems. It also requires DOE to periodically update 
     this information; estimate the savings attributable to the 
     Save Energy Now Program; make recommendations to the Census 
     Bureau on surveys to support DOE's motor activities; and 
     prepare an update to the Motor Master+ program of DOE. 
     Finally, based on the assessment and recommendations, the 
     section would direct DOE to establish a program to: increase 
     awareness of the savings opportunities of using higher 
     efficiency motors, improve motor system procurement 
     practices, and establish criteria for making decisions 
     regarding electric motor systems.
       Sec. 22. Study of Compliance with Energy Standards for 
     Appliances: directs DOE to conduct, and submit to Congress 
     with any recommendations, a study on the degree of compliance 
     with energy standards for appliances including an 
     investigation of compliance rates and options for improving 
     compliance.
       Sec. 23. Study of direct current electricity supply in 
     certain buildings: directs DOE to conduct, and submit to 
     Congress with any recommendations, a study of the costs and 
     benefits of requiring high-quality, direct current 
     electricity supply in certain buildings and to determine, if 
     this requirement is imposed, what the policy and role of the 
     Federal Government should be.
       Sec. 24. Technical corrections: makes technical corrections 
     to the Energy Independence and Security Act of 2007 (EISA), 
     the Energy Policy Act of 2005, and the Energy Policy and 
     Conservation Act regarding the appliance efficiency standards 
     program.
                                 ______
                                 
      By Mr. BAUCUS (for himself and Mr. Tester):
  S. 399. A bill to modify the purposes and operation of certain 
facilities of the Bureau of Reclamation to implement the water rights 
compact among the State of Montana, the Blackfeet Tribe of the 
Blackfeet Indian Reservation of Montana, and the United States, and for 
other purposes; to the Committee on Indian Affairs.
  Mr. BAUCUS. Mr. President, today I rise to introduce the Blackfeet 
Water Rights Settlement Act of 2011. The Blackfeet Reservation is 
located in northwest Montana with Canada to the north and Glacier Park 
to the west. The Blackfeet Reservation consists of approximately 1.5 
million acres with farming and tribal and federal government as the 
primary source of economic activity. About 10,100 people live

[[Page 2330]]

on the reservation and approximately 25,800 live off reservation. The 
Blackfeet Tribe is ably assisted by the Blackfeet Tribal Business 
Council of which Willie Sharp is Chairman.
  The Blackfeet Reservation was established under the Fort Laramie 
Treaty of 1851. Later, part of the reservation was sold to the U.S. 
Government, and the Sweetgrass Hills Treaty was ratified by Congress in 
1888. The sale of these lands by treaty established the reservations 
for the Fort Peck and Fort Belknap Tribes.
  Over 100 years ago the U.S. Supreme Court ruled that such treaties 
imply a commitment to reserve sufficient water to satisfy both present 
and future needs of a tribe. Today we are moving forward on the journey 
to fulfill that commitment with the introduction of the Blackfeet Water 
Rights Settlement Act of 2011.
  The Blackfeet Water Rights Settlement Act of 2011 will resolve over a 
century of conflict over waters in Montana. The Act ratifies the water 
rights compact with the Blackfeet Nation. It is the product of more 
than 10 years of negotiations between diverse groups of users in the 
area, which ended in 2007. The Compact was approved by the Montana 
Legislature in April 2009, and the state of Montana has already 
appropriated $19 million in support of its work to implement the 
Compact. This legislation will bring clean water to reservation 
families and support tribal agriculture and provide long-range economic 
development.
  The Blackfeet People call the mountains of their homeland the 
``backbone of the world.'' When you visit their land, you can feel a 
shiver in your own backbone at its beauty and spiritual significance. 
These mountains are also the wellspring of the reservation's water. 
Their cirques and flanks, frozen for much of the year, store the 
crucial resource that makes the Great Plains inhabitable. The drainages 
and storage systems that define how the snow melts and the water flows 
are the principal subject of this legislation. This water is necessary 
for irrigation, livestock, fisheries, wildlife, homes, and other uses.
  By ratifying this compact, Congress will both establish the federal 
reserved water rights of the Tribe and authorize funds to construct the 
infrastructure necessary to make the water available for use. Last 
year, Senator Tester and I introduced this bill on April 29, 2010. The 
Senate Indian Affairs Committee held a hearing on July 22, 2011. I look 
forward to working with my colleagues here in the Senate, in the House, 
and in the Administration to quickly moving forward on the Blackfeet 
Water Compact.
                                 ______
                                 
      By Mr. LEAHY (for himself and Mr. Cornyn):
  S. 401. A bill to help Federal prosecutors and investigators combat 
public corruption by strengthening and clarifying the law; to the 
Committee on the Judiciary.
  Mr. LEAHY. Mr. President, I am pleased to join with Senator Cornyn 
once again to introduce the Public Corruption Prosecution Improvements 
Act of 2011, a bill that will strengthen and clarify key aspects of 
Federal criminal law and provide new tools to help investigators and 
prosecutors attack public corruption nationwide.
  As we have seen in recent years, public corruption can erode the 
trust the American people have in those who are given the privilege of 
public service, and, too often, loopholes in existing laws have meant 
that corrupt conduct can go unchecked. Make no mistake: The stain of 
corruption has spread to all levels of government. This is a problem 
that victimizes every American by chipping away at the foundations of 
our democracy. Rooting out the kinds of public corruption that have 
resulted in convictions of members of Congress, judges, governors, and 
many others, requires us to give prosecutors the tools they need to 
investigate and prosecute criminal public corruption offenses.
  The bill Senator Cornyn and I introduce today will increase sentences 
for serious corruption offenses and will provide investigators and 
prosecutors more time to pursue public corruption cases. The bill 
raises the statutory maximum penalties for several laws dealing with 
official misconduct, including bribery and theft of government 
property, to ensure that those who violate the public trust are held 
accountable. These increases reflect the serious and corrosive nature 
of these crimes, and would harmonize the punishment for these crimes 
with other similar statutes.
  The bill extends the statute of limitations from 5 to 6 years for the 
most serious public corruption offenses. Bank fraud, arson, and 
passport fraud, among other offenses, all have 10-year statutes of 
limitations. We recently increased the statute of limitations for 
securities fraud to 6 years. Public corruption offenses cut to the 
heart of our democracy and are among the most difficult and time-
consuming cases to investigate. This modest increase to the statute of 
limitations is a reasonable step to help our corruption investigators 
and prosecutors do their jobs.
  This bill also amends several key statutes to broaden their 
application in corruption contexts and to prevent corrupt public 
officials and their accomplices from evading or defeating prosecution 
based on existing legal ambiguities. It includes a fix to the 
gratuities statute that makes clear that public officials may not 
accept anything of value, other than what is permitted by existing 
rules and regulations, given to them because of their official 
position. This important provision contains appropriate safeguards to 
ensure that only corrupt conduct is prosecuted, but it will help to 
ensure that the work of public officials cannot be bought, and it will 
put teeth behind key ethics reforms enacted by Congress in 2007.
  The bill also appropriately clarifies the definition of what it means 
for a public official to perform an ``official act'' for the purposes 
of the bribery statute and closes several other gaps in current law. It 
adds two corruption-related crimes as predicates for the Federal 
wiretap and racketeering statutes, lowers the transactional amount 
required for Federal prosecution of bribery involving federally-funded 
state programs, and expands the venue for perjury and obstruction of 
justice prosecutions.
  Senator Cornyn and I have added two new modest fixes into this year's 
bill. The first allows information sharing that will make it easier for 
law enforcement to investigate possible criminal activity by Federal 
judges. The second further clarifies and strengthens the federal 
program bribery statute.
  I remain committed to ensuring sufficient funding for public 
corruption enforcement. Since September 11, 2001, Federal Bureau of 
Investigation resources have been shifted away from the pursuit of 
white collar crime to counterterrorism. Director Mueller has 
consistently affirmed that public corruption is among the FBI's top 
investigative priorities, but reports in the past decade indicated that 
this shift in resources sometimes meant a reduction in the number of 
public corruption investigations and at times made pursuing key 
corruption cases more difficult. The Justice Department and the FBI 
have been working to reverse this trend, but we must make sure that law 
enforcement has all the tools and the resources it needs to strongly 
confront these serious and corrosive crimes.
  In recognition of the difficult budget situation in which we find 
ourselves and in an effort to maintain maximum bipartisan support for 
this important legislation, I have agreed to remove from this year's 
bill a modest authorization for anti-corruption investigators and 
prosecutors that we included in past versions. Nonetheless, given the 
vital importance of this work, I hope that Senator Cornyn and others 
will join me in calling on appropriators and the Justice Department and 
FBI to ensure that significant resources are allocated to investigating 
and prosecuting public corruption.
  Since we last introduced this bill, our country has unfortunately 
taken a step backward in its efforts to fight fraud and corruption. 
Last year, in the case of Skilling v. United States, the Supreme Court 
sided with a former executive from Enron, whose collapse had such 
devastating effects on the economy early in the last decade, and 
greatly narrowed the honest services

[[Page 2331]]

fraud statute, a law that plays an important role in combating public 
corruption, corporate fraud, and self-dealing.
  The Court's decision leaves corrupt and fraudulent conduct which 
prosecutors in the past addressed under the honest services fraud 
statute to go unchecked. Most notably, the Court's decision excluded 
undisclosed ``self-dealing'' by state and federal public officials, and 
corporate officers and directors, which is when those officials or 
executives secretly act in their own financial self-interest, rather 
than in the interest of the public or, in private sector cases, their 
shareholders and employees.
  I introduced legislation in the last Congress, the Honest Services 
Restoration Act, to close this crucial gap and restore the government's 
ability to prosecute key categories of corruption cases. I have heard 
from Democrats and Republicans in the Senate and the House who are 
eager to fix this problem. I hope to continue working with Senator 
Cornyn and others to find a bipartisan solution to fixing honest 
services fraud and perhaps to incorporate a fix into this comprehensive 
anti-corruption bill at some point in the future.
  If we are serious about addressing the kinds of egregious misconduct 
that we have witnessed in recent years in high-profile public 
corruption cases, Congress should enact meaningful legislation to give 
investigators and prosecutors the tools they need to enforce our laws. 
It is time to strengthen the criminal law to bring those who undermine 
the public trust to justice. I hope that all Senators will support this 
bipartisan bill and take firm action to stamp out intolerable 
corruption.
  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. 401

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Public Corruption 
     Prosecution Improvements Act''.

     SEC. 2. EXTENSION OF STATUTE OF LIMITATIONS FOR SERIOUS 
                   PUBLIC CORRUPTION OFFENSES.

       (a) In General.--Chapter 213 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3299A. Corruption offenses

       ``Unless an indictment is returned or the information is 
     filed against a person within 6 years after the commission of 
     the offense, a person may not be prosecuted, tried, or 
     punished for a violation of, or a conspiracy or an attempt to 
     violate the offense in--
       ``(1) section 201 or 666;
       ``(2) section 1341 or 1343, when charged in conjunction 
     with section 1346 and where the offense involves a scheme or 
     artifice to deprive another of the intangible right of honest 
     services of a public official;
       ``(3) section 1951, if the offense involves extortion under 
     color of official right;
       ``(4) section 1952, to the extent that the unlawful 
     activity involves bribery; or
       ``(5) section 1962, to the extent that the racketeering 
     activity involves bribery chargeable under State law, 
     involves a violation of section 201 or 666, section 1341 or 
     1343, when charged in conjunction with section 1346 and where 
     the offense involves a scheme or artifice to deprive another 
     of the intangible right of honest services of a public 
     official, or section 1951, if the offense involves extortion 
     under color of official right.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 213 of title 18, United States Code, is 
     amended by adding at the end the following:
``3299A. Corruption offenses.''.
       (c) Application of Amendment.--The amendments made by this 
     section shall not apply to any offense committed before the 
     date of enactment of this Act.

     SEC. 3. APPLICATION OF MAIL AND WIRE FRAUD STATUTES TO 
                   LICENCES AND OTHER INTANGIBLE RIGHTS.

       Sections 1341 and 1343 of title 18, United States Code, are 
     each amended by striking ``money or property'' and inserting 
     ``money, property, or any other thing of value''.

     SEC. 4. VENUE FOR FEDERAL OFFENSES.

       (a) In General.--The second undesignated paragraph of 
     section 3237(a) of title 18, United States Code, is amended 
     by adding before the period at the end the following: ``or in 
     any district in which an act in furtherance of the offense is 
     committed''.
       (b) Section Heading.--The heading for section 3237 of title 
     18, United States Code, is amended to read as follows:

     ``Sec. 3237. Offense taking place in more than one 
       district''.

       (c) Table of Sections.--The table of sections at the 
     beginning of chapter 211 of title 18, United States Code, is 
     amended so that the item relating to section 3237 reads as 
     follows:
``3237. Offense taking place in more than one district.''.

     SEC. 5. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING 
                   FEDERAL FINANCIAL ASSISTANCE.

       Section 666 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)(B), by--
       (i) striking ``anything of value'' and inserting ``any 
     thing or things of value''; and
       (ii) striking ``of $5,000 or more'' and inserting ``of 
     $1,000 or more'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) corruptly gives, offers, or agrees to give any thing 
     or things of value to any person, with intent to influence or 
     reward an agent of an organization or of a State, local or 
     Indian tribal government, or any agency thereof, in 
     connection with any business, transaction, or series of 
     transactions of such organization, government, or agency 
     involving anything of value of $1,000 or more;''; and
       (C) in the matter following paragraph (2), by striking 
     ``ten years'' and inserting ``15 years''; and
       (2) in subsection (c)--
       (A) by striking ``This section does not apply to''; and
       (B) by inserting before ``bona fide salary'' the following: 
     ``The term `anything of value' that is corruptly solicited, 
     demanded, accepted or agreed to be accepted in subsection 
     (a)(1)(B) or corruptly given, offered, or agreed to be given 
     in subsection (a)(2) shall not include''.

     SEC. 6. PENALTY FOR SECTION 641 VIOLATIONS.

       Section 641 of title 18, United States Code, is amended by 
     striking ``ten years'' and inserting ``15 years''.

     SEC. 7. PENALTY FOR SECTION 201(B) VIOLATIONS.

       Section 201(b) of title 18, United States Code, is amended 
     by striking ``fifteen years'' and inserting ``20 years''.

     SEC. 8. INCREASE OF MAXIMUM PENALTIES FOR CERTAIN PUBLIC 
                   CORRUPTION RELATED OFFENSES.

       (a) Solicitation of Political Contributions.--Section 
     602(a) of title 18, United States Code, is amended by 
     striking ``three years'' and inserting ``10 years''.
       (b) Promise of Employment for Political Activity.--Section 
     600 of title 18, United States Code, is amended by striking 
     ``one year'' and inserting ``10 years''.
       (c) Deprivation of Employment for Political Activity.--
     Section 601(a) of title 18, United States Code, is amended by 
     striking ``one year'' and inserting ``10 years''.
       (d) Intimidation To Secure Political Contributions.--
     Section 606 of title 18, United States Code, is amended by 
     striking ``three years'' and inserting ``10 years''.
       (e) Solicitation and Acceptance of Contributions in Federal 
     Offices.--Section 607(a)(2) of title 18, United States Code, 
     is amended by striking ``3 years'' and inserting ``10 
     years''.
       (f) Coercion of Political Activity by Federal Employees.--
     Section 610 of title 18, United States Code, is amended by 
     striking ``three years'' and inserting ``10 years''.

     SEC. 9. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF PUBLIC 
                   MONEY OFFENSE.

       Section 641 of title 18, United States Code, is amended by 
     inserting ``the District of Columbia or'' before ``the United 
     States'' each place that term appears.

     SEC. 10. ADDITIONAL RICO PREDICATES.

       (a) In General.--Section 1961(1) of title 18, United States 
     Code, is amended--
       (1) by inserting ``section 641 (relating to embezzlement or 
     theft of public money, property, or records),'' after ``473 
     (relating to counterfeiting),''; and
       (2) by inserting ``section 666 (relating to theft or 
     bribery concerning programs receiving Federal funds),'' after 
     ``section 664 (relating to embezzlement from pension and 
     welfare funds),''.
       (b) Conforming Amendments.--Section 1956(c)(7)(D) of title 
     18, United States Code, is amended--
       (1) by striking ``section 641 (relating to public money, 
     property, or records),''; and
       (2) by striking ``section 666 (relating to theft or bribery 
     concerning programs receiving Federal funds),''.

     SEC. 11. ADDITIONAL WIRETAP PREDICATES.

       Section 2516(1)(c) of title 18, United States Code, is 
     amended by inserting ``section 641 (relating to embezzlement 
     or theft of public money, property, or records), section 666 
     (relating to theft or bribery concerning programs receiving 
     Federal funds),'' after ``section 224 (bribery in sporting 
     contests),''.

     SEC. 12. CLARIFICATION OF CRIME OF ILLEGAL GRATUITIES.

       (a) Definition.--Section 201(a) of title 18, United states 
     Code, is amended--
       (1) in paragraph (2), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (3) by inserting at the end the following:
       ``(4) the term `rule or regulation' means a federal 
     regulation or a rule of the House of Representatives and the 
     Senate, including those rules and regulations governing the 
     acceptance of campaign contributions.''.

[[Page 2332]]

       (b) Clarification.--Section 201(c)(1) of title 18, United 
     States Code, is amended--
       (1) by striking the matter before subparagraph (A) and 
     inserting ``otherwise than as provided by law for the proper 
     discharge of official duty, or by rule or regulation--'';
       (2) in subparagraph (A), by inserting after ``, or person 
     selected to be a public official,'' the following: ``for or 
     because of the official's or person's official position, or 
     for or because of any official act performed or to be 
     performed by such public official, former public official, or 
     person selected to be a public official''; and
       (3) in subparagraph (B)--
       (A) by striking ``otherwise than as provided by law for the 
     proper discharge of official duty,''; and
       (B) by striking all after ``anything of value personally'' 
     and inserting ``for or because of the official's or person's 
     official position, or for or because of any official act 
     performed or to be performed by such official or person;''.

     SEC. 13. CLARIFICATION OF DEFINITION OF OFFICIAL ACT.

       Section 201(a)(3) of title 18, United States Code, is 
     amended to read as follows:
       ``(3) the term `official act' means any action within the 
     range of official duty, and any decision or action on any 
     question, matter, cause, suit, proceeding or controversy, 
     which may at any time be pending, or which may by law be 
     brought before any public official, in such public official's 
     official capacity or in such official's place of trust or 
     profit. An official act can be a single act, more than one 
     act, or a course of conduct.''.

     SEC. 14. CLARIFICATION OF COURSE OF CONDUCT BRIBERY.

       Section 201 of title 18, United States Code, is amended--
       (1) in subsection (b), by striking ``anything of value'' 
     each place it appears and inserting ``any thing or things of 
     value''; and
       (2) in subsection (c), by striking ``anything of value'' 
     each place it appears and inserting ``any thing or things of 
     value''.

     SEC. 15. EXPANDING VENUE FOR PERJURY AND OBSTRUCTION OF 
                   JUSTICE PROCEEDINGS.

       (a) In General.--Section 1512(i) of title 18, United States 
     Code, is amended to read as follows:
       ``(i) A prosecution under section 1503, 1504, 1505, 1508, 
     1509, 1510, or this section may be brought in the district in 
     which the conduct constituting the alleged offense occurred 
     or in which the official proceeding (whether or not pending 
     or about to be instituted) was intended to be affected.''.
       (b) Perjury.--
       (1) In general.--Chapter 79 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1624. Venue

       ``A prosecution under section 1621(1), 1622 (in regard to 
     subornation of perjury under 1621(1)), or 1623 of this title 
     may be brought in the district in which the oath, 
     declaration, certificate, verification, or statement under 
     penalty of perjury is made or in which a proceeding takes 
     place in connection with the oath, declaration, certificate, 
     verification, or statement.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 79 of title 18, United States Code, is 
     amended by adding at the end the following:
``1624. Venue.''.

     SEC. 16. AMENDMENT OF THE SENTENCING GUIDELINES RELATING TO 
                   CERTAIN CRIMES.

       (a) Directive to Sentencing Commission.--Pursuant to its 
     authority under section 994(p) of title 28, United States 
     Code, and in accordance with this section, the United States 
     Sentencing Commission shall review and amend its guidelines 
     and its policy statements applicable to persons convicted of 
     an offense under sections 201, 641, and 666 of title 18, 
     United States Code, in order to reflect the intent of 
     Congress that such penalties be increased in comparison to 
     those currently provided by the guidelines and policy 
     statements.
       (b) Requirements.--In carrying out this section, the 
     Commission shall--
       (1) ensure that the sentencing guidelines and policy 
     statements reflect Congress' intent that the guidelines and 
     policy statements reflect the serious nature of the offenses 
     described in subsection (a), the incidence of such offenses, 
     and the need for an effective deterrent and appropriate 
     punishment to prevent such offenses;
       (2) consider the extent to which the guidelines may or may 
     not appropriately account for--
       (A) the potential and actual harm to the public and the 
     amount of any loss resulting from the offense;
       (B) the level of sophistication and planning involved in 
     the offense;
       (C) whether the offense was committed for purposes of 
     commercial advantage or private financial benefit;
       (D) whether the defendant acted with intent to cause either 
     physical or property harm in committing the offense;
       (E) the extent to which the offense represented an abuse of 
     trust by the offender and was committed in a manner that 
     undermined public confidence in the Federal, State, or local 
     government; and
       (F) whether the violation was intended to or had the effect 
     of creating a threat to public health or safety, injury to 
     any person or even death;
       (3) assure reasonable consistency with other relevant 
     directives and with other sentencing guidelines;
       (4) account for any additional aggravating or mitigating 
     circumstances that might justify exceptions to the generally 
     applicable sentencing ranges;
       (5) make any necessary conforming changes to the sentencing 
     guidelines; and
       (6) assure that the guidelines adequately meet the purposes 
     of sentencing as set forth in section 3553(a)(2) of title 18, 
     United States Code.

     SEC. 17. PERMITTING THE DISCLOSURE OF INFORMATION REGARDING 
                   POTENTIAL CRIMINAL ACTIVITY TO APPROPRIATE LAW 
                   ENFORCEMENT AUTHORITIES.

       Section 360(a) of title 28, United States Code, is 
     amended--
       (1) in paragraph (2), by striking ``or'' after the 
     semicolon;
       (2) in paragraph (3), by striking the period and inserting 
     ``; or''; and
       (3) by inserting after paragraph (3) the following:
       ``(4) disclosure of information regarding a potential 
     criminal offense may be made to the United States Department 
     of Justice, a Federal, State, or local grand jury, or 
     Federal, State, or local law enforcement agents.''.
                                 ______
                                 
      By Mr. WYDEN (for himself and Mr. Merkley):
  S. 403. A bill to amend the Wild and Scenic Rivers Act to designate 
segments of the Molalla River in the State of Oregon, as components of 
the National Wild and Scenic Rivers System, and for other purposes; to 
the Committee on Energy and Natural Resources.
  Mr. WYDEN. Mr. President, today I am introducing a bill to designate 
segments of Oregon's Molalla River as Wild and Scenic. I am pleased to 
be joined in the Senate in introducing this legislation with my 
colleague from Oregon, Senator Merkley. This legislation is also being 
introduced today by Representative Schrader in the House of 
Representatives. He has been a champion for protecting the river. My 
colleagues previously joined me in the effort to protect this Oregon 
gem by introducing this bill in the last Congress. The Molalla River 
Wild and Scenic Rivers Act will amend the Wild and Scenic Rivers Act 
and designate an approximately 15.1 mile segment of the Molalla River 
and an approximately 6.2 mile segment of Table Rock Fork Molalla River 
as a recreational river under the Wild and Scenic Rivers Act.
  The Molalla River Wild and Scenic Rivers Act would protect a popular 
Oregon destination that provides abundant recreational activities that 
help fuel the recreation economy that is so important to the 
communities along the river. The scenic beauty of the Molalla River 
provides a backdrop for hiking, mountain biking, camping, and horseback 
riding, while the waters of the river are a popular destination for 
fishing, kayaking, and whitewater rafting enthusiasts. My bill would 
not only preserve this area as a recreation destination, but would also 
protect the river habitat of the Chinook salmon and Steelhead trout, 
along with the wildlife habitat surrounding the river, home to the 
northern spotted owl, the pileated woodpecker, golden and bald eagles, 
deer, elk, the pacific giant salamander, and many others.
  The Molalla River is not only an important habitat for wildlife and a 
popular northwest recreation destination, but it is also the source of 
clean drinking water for the towns of Molalla and Canby, Oregon. 
Protecting the approximately 21.3 miles of the Molalla River will 
provide the residents of these Oregon towns with the assurance that 
they will continue to receive clean drinking water, and will provide 
all the people of the Pacific Northwest and beyond the knowledge that 
this important natural resource will be preserved for continued 
enjoyment for years to come.
  I would like to reiterate my continued appreciation for the Molalla 
River Alliance--a coalition of more than 45 organizations that 
recognize that this river is a jewel and have set out to protect it. 
Michael Moody, the President of this Alliance, made sure that 
irrigators, city councilors, the mayor, businesses and 
environmentalists all came together on this. These are the kind of 
collaborative home grown solutions that Oregonians are best at. I

[[Page 2333]]

look forward to working with Senator Merkley, Representative Schrader, 
and the bill's supporters to advance this legislation to the 
President's desk.
                                 ______
                                 
      By Mr. NELSON of Florida:
  S. 405. A bill to amend the Outer Continental Shelf Lands Act to 
provide a requirement for certain lessees, and for other purposes; to 
the Committee on Energy and Natural Resources.
  Mr. NELSON of Florida. Mr. President, for years, I have fought to 
keep oil rigs off the coast of Florida--both in federal waters and 
Cuban waters. As we've seen, an oil spill even hundreds of miles away 
from Florida can send the black stuff onto our beaches and close our 
fishing grounds. Risky exploration close to our shores endangers 
Florida's marine environment and tourism as well as our national 
security.
  Yet we know that drilling just a mere 45 miles off Florida's coast is 
possible and is coming from the behest of Cuba's communist regime. For 
years the Castros have been eager to develop undiscovered offshore oil 
resources, and have already started leasing off different plots of 
land. Later this year, the Spanish oil company Repsol, in a consortium 
with oil companies from Norway, India, Italy and others, is expected to 
drill a deepwater exploratory well roughly 20 miles northeast of 
Havana--right in the midst of currents that run up the eastern 
seaboard. The U.S. Geological Survey estimates that the North Cuba 
Basin could contain over four and a half billion barrels of recoverable 
crude oil.
  We now find ourselves in a grim situation. Over the past several 
years, I have asked both Republican and Democratic administrations to 
withdraw the diplomatic letters that we exchange with Cuba every 2 
years. This exchange of letters is the only thing enforcing the 1977 
Maritime Boundary Agreement, which has never been ratified by the U.S. 
Senate. Though I have consistently advocated against this boundary 
agreement, our presidents have disagreed. It seems that oil exploration 
in waters that are essentially our backyard is imminent.
  So today I'm introducing the Gulf Stream Protection Act of 2011, 
which will protect the economy and environment of Florida. This 
legislation will require federal agencies to safeguard our shores by 
preparing for another devastating spill like the Deepwater Horizon that 
occurred less than a year ago--but this time in Cuban waters. If a 
company that's drilling in Cuba wants to lease drilling rights in the 
United States, this bill will require them to first prove that they 
have a sufficient oil spill response plan and the resources to address 
a spill in both Cuban and U.S. waters. Additionally this bill directs 
the Department of Interior--in consultation with the Department of 
State--to provide recommendations to Congress on a multinational 
agreement for spill response, not unlike what was suggested by the 
Spill Commission chaired by Senator Bob Graham and Bill Reilly.
  We have seen what oil spills have done in other parts of the country 
and around the world. If oil spilled from a well in the North Cuba 
Basin, it would coat popular South Atlantic beaches like Miami and West 
Palm. I am not prepared to take chances with Florida's coral reefs and 
other marine life, nor with the livelihoods of millions of Floridians 
who depend on tourism for their economic well-being.
  That is why I believe that in addition to my responsibility to deter 
exploration and drilling off Florida's coastline, I also have a 
responsibility to ensure that we are prepared for the worst-case 
scenario: an oil spill from a foreign rig in Cuban waters. I hope my 
colleagues will join me in supporting this commonsense 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. 405

       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 ``Gulf Stream Protection Act 
     of 2011''.

     SEC. 2. REQUIREMENT FOR CERTAIN DUAL LESSEES.

       Section 8(a) of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1337(a)) is amended by adding at the end the 
     following:
       ``(9) Requirement for Certain Lessees.--If a bidder for an 
     oil or gas lease under this subsection is conducting oil and 
     gas operations off the coast of Cuba, the Secretary shall not 
     grant an oil or gas lease to the bidder unless the bidder 
     submits to the Secretary--
       ``(A) a Cuban oil spill response plan, which shall include 
     1 or more worst-case-scenario oil discharge plans; and
       ``(B) evidence that the bidder has sufficient financial 
     resources and other resources necessary for a cleanup effort, 
     as determined by the Secretary, to respond to a worst case 
     scenario oil discharge in Cuba that occurs in, or would 
     impact, the waters of the United States.''.

     SEC. 3. NONDOMESTIC GULF OIL SPILL RESPONSE PLAN.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of the Interior 
     (referred to in this section as the ``Secretary'') shall 
     carry out an oil spill risk analysis and planning process for 
     the development and implementation of oil spill response 
     plans for nondomestic oil spills in the Gulf of Mexico.
       (b) Requirements.--In developing plans under subsection 
     (a), the Secretary shall--
       (1) consult with the heads of other Federal agencies with 
     relevant scientific and operational expertise to verify that 
     holders of oil and gas leases can conduct any response and 
     containment operations provided for in the plans;
       (2) ensure that all critical information and spill 
     scenarios are included in the plans, including oil spill 
     containment and control methods to ensure that holders of oil 
     and gas leased can conduct the operations provided for in the 
     plans;
       (3) ensure that the plans include shared international 
     standards for natural resource extraction activities;
       (4) in consultation with the Secretary of State, to the 
     maximum extent practicable, include recommendations for 
     Congress on a joint contingency plan with the countries of 
     Mexico, Cuba, and the Bahamas to ensure an adequate response 
     to oil spills located in the eastern Gulf of Mexico; and
       (5) to the maximum extent practicable, ensure that the 
     contingency plan described in paragraph (4) contains a 
     description of the organization and logistics of a response 
     team for each country described in that paragraph (including 
     each applicable Federal and State agency).
       (c) Modeling of Cuban Waters.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Administrator of the National 
     Oceanic and Atmospheric Administration shall conduct modeling 
     of the Cuban waters.
       (2) Use of modeling.--For purposes of developing the plans 
     required under subsection (a), the Secretary shall take into 
     account any modeling data collected under paragraph (1).
       (d) Verification Process.--The Secretary may conduct a 
     verification process to ensure that any companies operating 
     in the United States that are conducting drilling operations 
     off the coast of Cuba are subject to standards that are as 
     stringent as the standards under the Outer Continental Shelf 
     Lands Act (43 U.S.C. 1331 et seq.).
                                 ______
                                 
      By Mr. ROCKEFELLER:
  S. 408. A bill to provide for the temporary retention of sole 
community hospital status for a hospital under the Medicare program; to 
the Committee on Finance.
  Mr. ROCKEFELLER. Mr. President, I rise today to introduce the 
Community Hospital Jobs Act of 2011, legislation that gives Fairmont 
General Hospital, a small community hospital in West Virginia, the 
chance to make an important transition.
  Many of Marion County's residents were born at Fairmont General 
Hospital--founded in 1939. And many of the hospital's 700 employees are 
from the surrounding area. That is why, when Fairmont's leaders told me 
the hospital was going to lose a large portion of its Medicare payments 
because it was going to lose its status as a Sole Community Hospital, I 
knew it was important to make sure Fairmont General maintained its role 
as a vibrant health care leader in our community--and I began looking 
for ways to help.
  Over the last couple of years, I have worked extensively with 
Fairmont officials and with other members of the West Virginia 
delegation to identify possible solutions to Fairmont's problem, which 
the hospital did nothing to cause. First we looked for a regulatory 
solution. However, after speaking extensively with federal and hospital 
officials, scrutinizing every regulation, we

[[Page 2334]]

determined that without intervention from Congress, Fairmont would lose 
its status as the sole community hospital--and with it, additional 
federal payments that are helping the hospital stay afloat and maintain 
jobs, as many as 70 of which may be at stake.
  Once it became clear that legislation was necessary, I got to work 
again on behalf of Fairmont. Last fall, I started to work on a 
legislative solution to allow Fairmont to retain its sole community 
hospital status. And, when the Senate began consideration of an end-of-
the-year health care bill, I pushed for the inclusion of legislative 
language to allow Fairmont to keep its sole community hospital status 
for a three-year transition period. Unfortunately, this language was 
not ultimately included in the final Medicare and Medicaid Extenders 
Act of 2010--but I am not going to give up.
  Fairmont General does not give up on its patients, and I am not 
giving up on Fairmont. That is why I am introducing this important 
legislation today.
  I urge my colleagues to support the Community Hospital Jobs Act.
                                 ______
                                 
      By Mr. GRASSLEY (for himself, Mr. Schumer, Mr. Leahy, Mr. Graham, 
        Mr. Cornyn, Mr. Durbin, and Ms. Klobuchar):
  S. 410. A bill to provide for media coverage of Federal court 
proceedings; to the Committee on the Judiciary.
  Mr. GRASSLEY. Mr. President, today, I reintroduce the Sunshine in the 
Courtroom Act, a bipartisan bill which will allow judges at all federal 
court levels to open their courtrooms to television cameras and radio 
broadcasts.
  Openness in our courts improves the public's understanding of what 
goes on there. Our judicial system is a secret to many people across 
the country. Letting the sun shine in on federal courtrooms will give 
Americans an opportunity to better understand the judicial process. 
Courts are the bedrock of the American justice system. Allowing greater 
access to our courts will inspire faith in and restore appreciation for 
our judges who pledge equal and impartial justice for all.
  For decades, states such as my home state of Iowa have allowed 
cameras in their courtrooms with great results. As a matter of fact, 
only the District of Columbia prohibits trial and appellate court 
coverage entirely. Nineteen States allow news coverage in most courts; 
16 allow coverage with slight restrictions; and the remaining 15 allow 
coverage with stricter rules.
  The bill I am introducing today, along with Senator Schumer and five 
other cosponsors from both sides of the aisle, including Judiciary 
Chairman Leahy, will greatly improve public access to Federal courts. 
It lets Federal judges open their courtrooms to television cameras and 
other electronic media.
  The Sunshine in the Courtroom Act is full of provisions that ensure 
that the introduction of cameras and other broadcasting devices into 
the courtrooms goes as smoothly as it has at the state level. First, 
the presence of the cameras in Federal trial and appellate courts is at 
the sole discretion of the judges--it is not mandatory. The bill also 
provides a mechanism for Congress to study the effects of this 
legislation on our judiciary before making this change permanent 
through a 3 year sunset provision. The bill also protects the privacy 
and safety of non-party witnesses by giving them the right to have 
their faces and voices obscured. Finally, it includes a provision to 
protect the due process rights of any party, and prohibits the 
televising of jurors.
  We need to open the doors and let the light shine in on the Federal 
Judiciary. This bill improves public access to and therefore 
understanding of our federal courts. It has safety provisions to ensure 
that the cameras won't interfere with the proceedings or with the 
safety or due process of anyone involved in the cases. Our states have 
allowed news coverage of their courtrooms for decades. It is time we 
join them.
  Mr. President, I ask unanimous consent that the text of this 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. 410

       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 ``Sunshine in the Courtroom 
     Act of 2011''.

     SEC. 2. FEDERAL APPELLATE AND DISTRICT COURTS.

       (a) Definitions.--In this section:
       (1) Presiding judge.--The term ``presiding judge'' means 
     the judge presiding over the court proceeding concerned. In 
     proceedings in which more than 1 judge participates, the 
     presiding judge shall be the senior active judge so 
     participating or, in the case of a circuit court of appeals, 
     the senior active circuit judge so participating, except 
     that--
       (A) in en banc sittings of any United States circuit court 
     of appeals, the presiding judge shall be the chief judge of 
     the circuit whenever the chief judge participates; and
       (B) in en banc sittings of the Supreme Court of the United 
     States, the presiding judge shall be the Chief Justice 
     whenever the Chief Justice participates.
       (2) Appellate court of the united states.--The term 
     ``appellate court of the United States'' means any United 
     States circuit court of appeals and the Supreme Court of the 
     United States.
       (b) Authority of Presiding Judge To Allow Media Coverage of 
     Court Proceedings.--
       (1) Authority of appellate courts.--
       (A) In general.--Except as provided under subparagraph (B), 
     the presiding judge of an appellate court of the United 
     States may, at the discretion of that judge, permit the 
     photographing, electronic recording, broadcasting, or 
     televising to the public of any court proceeding over which 
     that judge presides.
       (B) Exception.--The presiding judge shall not permit any 
     action under subparagraph (A), if--
       (i) in the case of a proceeding involving only the 
     presiding judge, that judge determines the action would 
     constitute a violation of the due process rights of any 
     party; or
       (ii) in the case of a proceeding involving the 
     participation of more than 1 judge, a majority of the judges 
     participating determine that the action would constitute a 
     violation of the due process rights of any party.
       (2) Authority of district courts.--
       (A) In general.--
       (i) Authority.--Notwithstanding any other provision of law, 
     except as provided under clause (iii), the presiding judge of 
     a district court of the United States may, at the discretion 
     of that judge, permit the photographing, electronic 
     recording, broadcasting, or televising to the public of any 
     court proceeding over which that judge presides.
       (ii) Obscuring of witnesses.--Except as provided under 
     clause (iii)--

       (I) upon the request of any witness (other than a party) in 
     a trial proceeding, the court shall order the face and voice 
     of the witness to be disguised or otherwise obscured in such 
     manner as to render the witness unrecognizable to the 
     broadcast audience of the trial proceeding; and
       (II) the presiding judge in a trial proceeding shall inform 
     each witness who is not a party that the witness has the 
     right to request the image and voice of that witness to be 
     obscured during the witness' testimony.

       (iii) Exception.--The presiding judge shall not permit any 
     action under this subparagraph--

       (I) if that judge determines the action would constitute a 
     violation of the due process rights of any party; and
       (II) until the Judicial Conference of the United States 
     promulgates mandatory guidelines under paragraph (5).

       (B) No media coverage of jurors.--The presiding judge shall 
     not permit the photographing, electronic recording, 
     broadcasting, or televising of any juror in a trial 
     proceeding, or of the jury selection process.
       (C) Discretion of the judge.--The presiding judge shall 
     have the discretion to obscure the face and voice of an 
     individual, if good cause is shown that the photographing, 
     electronic recording, broadcasting, or televising of the 
     individual would threaten--
       (i) the safety of the individual;
       (ii) the security of the court;
       (iii) the integrity of future or ongoing law enforcement 
     operations; or
       (iv) the interest of justice.
       (D) Sunset of district court authority.--The authority 
     under this paragraph shall terminate 3 years after the date 
     of the enactment of this Act.
       (3) Interlocutory appeals barred.--The decision of the 
     presiding judge under this subsection of whether or not to 
     permit, deny, or terminate the photographing, electronic 
     recording, broadcasting, or televising of a court proceeding 
     may not be challenged through an interlocutory appeal.
       (4) Advisory guidelines.--The Judicial Conference of the 
     United States may promulgate advisory guidelines to which a 
     presiding judge, at the discretion of that judge, may refer 
     in making decisions with respect to the management and 
     administration of

[[Page 2335]]

     photographing, recording, broadcasting, or televising 
     described under paragraphs (1) and (2).
       (5) Mandatory guidelines.--Not later than 6 months after 
     the date of enactment of this Act, the Judicial Conference of 
     the United States shall promulgate mandatory guidelines which 
     a presiding judge is required to follow for obscuring of 
     certain vulnerable witnesses, including crime victims, minor 
     victims, families of victims, cooperating witnesses, 
     undercover law enforcement officers or agents, witnesses 
     subject to section 3521 of title 18, United States Code, 
     relating to witness relocation and protection, or minors 
     under the age of 18 years. The guidelines shall include 
     procedures for determining, at the earliest practicable time 
     in any investigation or case, which witnesses should be 
     considered vulnerable under this section.
       (6) Procedures.--In the interests of justice and fairness, 
     the presiding judge of the court in which media use is 
     desired has discretion to promulgate rules and disciplinary 
     measures for the courtroom use of any form of media or media 
     equipment and the acquisition or distribution of any of the 
     images or sounds obtained in the courtroom. The presiding 
     judge shall also have discretion to require written 
     acknowledgment of the rules by anyone individually or on 
     behalf of any entity before being allowed to acquire any 
     images or sounds from the courtroom.
       (7) No broadcast of conferences between attorneys and 
     clients.--There shall be no audio pickup or broadcast of 
     conferences which occur in a court proceeding between 
     attorneys and their clients, between co-counsel of a client, 
     between adverse counsel, or between counsel and the presiding 
     judge, if the conferences are not part of the official record 
     of the proceedings.
       (8) Expenses.--A court may require that any accommodations 
     to effectuate this Act be made without public expense.
       (9) Inherent authority.--Nothing in this Act shall limit 
     the inherent authority of a court to protect witnesses or 
     clear the courtroom to preserve the decorum and integrity of 
     the legal process or protect the safety of an individual.
                                 ______
                                 
      By Mr. LEVIN (for himself, Mrs. Hutchison, Mr. Vitter, Ms. 
        Landrieu, Mr. Shelby, Ms. Stabenow, Mrs. Boxer, Ms. Klobuchar, 
        Mr. Wyden, Mr. Franken, Mr. Lieberman, Mr. Brown of Ohio, Mrs. 
        Gillibrand, and Mr. Cornyn):
  S. 412. A bill to ensure that amounts credited to the Harbor 
Maintenance Trust Fund are used for harbor maintenance; to the 
Committee on Environment and Public Works.
  Mr. LEVIN. Mr. President, in 1986, the Congress wisely established 
the Harbor Maintenance Trust Fund to pay for operation and maintenance 
of our Nation's harbors. This fund, which is fed by a tax based on the 
value of goods passing through our ports, today has a balance of more 
than $5.7 billion--a significant sum of money to address our Nation's 
need for clear and navigable harbors connecting our Nation's farmers 
and manufacturers to the web of international commerce.
  But that $5.7 billion is not being used that way, or at least, not to 
the extent it should be. Despite that significant balance, our harbors 
are struggling because of unmet maintenance needs. In the Great Lakes 
region alone, more than 18 million cubic yards of material need to be 
dredged from harbors to ensure safe navigation. Dredging these harbors 
would be a $200 million job. And on the coasts, similar backlogs 
threaten the safe and efficient movement of commerce that creates jobs 
and helps the American economy grow. The Army Corps of Engineers 
estimates that the nation's 59 busiest ports are available less than 35 
percent of the time because they are inadequately maintained. Unless we 
act, the failure to address these maintenance needs could slow the flow 
of goods, reduce economic growth, cost jobs, and create hazards to 
navigation that could lead to accidents and environmental damage.
  We need to address that maintenance backlog. The Harbor Maintenance 
Trust Fund can provide the funding to do so. But Congress must take 
action to ensure we address these needs. That is why today, Senator 
Hutchison and I, joined by 12 of our colleagues, have introduced the 
Harbor Maintenance Act of 2011.
  Simply put, our legislation would connect our spending on harbor 
maintenance to the revenue collected in the Harbor Maintenance Trust 
Fund. As commerce continues to grow and shipping becomes an ever-more-
important driver of economic growth, proper maintenance is vital.
  A wise car owner does not ignore the need to change the oil. A smart 
homeowner makes sure the roof is in good shape. They do so because a 
small investment in maintenance today can prevent much bigger costs 
tomorrow. We should follow the same philosophy when it comes to our 
harbors. We should ensure that we make smart investments today that 
will pay off for years to come.
  I thank Senator Hutchison and our co-sponsors for their work on 
behalf of this important legislation, and I urge my colleagues to help 
us ensure its passage.
  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. 412

       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 ``Harbor Maintenance Act of 
     2011''.

     SEC. 2. FUNDING FOR HARBOR MAINTENANCE PROGRAMS.

       (a) Harbor Maintenance Trust Fund Guarantee.--
       (1) In general.--The total budget resources made available 
     from the Harbor Maintenance Trust Fund each fiscal year 
     pursuant to section 9505(c) of the Internal Revenue Code of 
     1986 (relating to expenditures from the Harbor Maintenance 
     Trust Fund) shall be equal to the level of receipts plus 
     interest credited to the Harbor Maintenance Trust Fund for 
     that fiscal year. Such amounts may be used only for harbor 
     maintenance programs described in section 9505(c) of such 
     Code.
       (2) Guarantee.--No funds may be appropriated for harbor 
     maintenance programs described in such section unless the 
     amount described in paragraph (1) has been provided.
       (b) Definitions.--In this section, the following 
     definitions apply:
       (1) Total budget resources.--The term ``total budget 
     resources'' means the total amount made available by 
     appropriations Acts from the Harbor Maintenance Trust Fund 
     for a fiscal year for making expenditures under section 
     9505(c) of the Internal Revenue Code of 1986.
       (2) Level of receipts plus interest.--The term ``level of 
     receipts plus interest'' means the level of taxes and 
     interest credited to the Harbor Maintenance Trust Fund under 
     section 9505 of the Internal Revenue Code of 1986 for a 
     fiscal year as set forth in the President's budget baseline 
     projection as defined in section 257 of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (Public Law 99-177; 
     99 Stat. 1092) for that fiscal year submitted pursuant to 
     section 1105 of title 31, United States Code.
       (c) Enforcement of Guarantees.--It shall not be in order in 
     the House of Representatives or the Senate to consider any 
     bill, joint resolution, amendment, motion, or conference 
     report that would cause total budget resources in a fiscal 
     year for harbor maintenance programs described in subsection 
     (b)(1) for such fiscal year to be less than the amount 
     required by subsection (a)(1) for such fiscal year.
                                 ______
                                 
      By Mr. LIEBERMAN (for himself, Ms. Collins, and Mr. Carper):
  S. 413. A bill to amend the Homeland Security Act of 2002 and other 
laws to enhance the security and resiliency of the cyber and 
communications infrastructure of the United States; to the Committee on 
Homeland Security and Governmental Affairs.
  Ms. COLLINS. Mr. President, I rise today to join Senator Lieberman 
and Senator Carper in introducing the Cyber Security and Internet 
Freedom Act of 2011. This vital legislation would fortify the 
government's efforts to safeguard America's cyber networks from attack 
and ensure that access to the Internet is protected and its 
availability preserved for every American.
  The Internet is vital to almost every facet of Americans' daily 
lives--from the water we drink to the power we use to the ways we 
communicate. It is essential to the free flow of ideas and information. 
The Internet is a manifestation of the ideals that underlie the First 
Amendment of our Constitution and the core freedoms that all Americans 
hold dear. It is essential that the Internet and our access to it be 
protected to ensure both reliability of the critical services that rely 
upon it and the availability of the information that travels over it. 
While the United States must ensure the security of our nation and its 
critical infrastructure, it must

[[Page 2336]]

do so in a manner that does not deprive Americans of the ability to 
lawfully read or express their views. Neither the President nor any 
other Federal official should have the authority to ``shut down'' the 
Internet.
  In June 2010, Senator Lieberman, Senator Carper, and I introduced 
legislation to strengthen the government's efforts to safeguard 
America's cyber networks from attack; build a public/private 
partnership to promote national cyber security priorities; and bolster 
the government's ability to set, monitor compliance with, and enforce 
standards and policies for securing Federal civilian systems and the 
sensitive information they contain. In late June, that bill was 
unanimously approved by the Senate Homeland Security and Governmental 
Affairs Committee.
  Today we are introducing for the 112th Congress the bill unanimously 
approved by our committee, but with explicit provisions preventing the 
President from shutting down the Internet and providing an opportunity 
for judicial review of designations of our most sensitive systems and 
assets as ``covered critical infrastructure.''
  President Mubarak's actions in January to shut down Internet 
communications in Egypt were, and are, totally inappropriate. Freedom 
of speech is a fundamental right that must be protected, and his ban 
was clearly designed to limit criticisms of his government. Our cyber 
security legislation is intended to protect the United States from 
external cyber attacks. Yet, some have suggested that the legislation 
the Committee reported during the last Congress would empower the 
President to deny U.S. citizens access to the Internet. Nothing could 
be further from the truth.
  I would never sign on to legislation that authorized the President, 
or anyone else, to shut down the Internet. Emergency or no, the 
exercise of such broad authority would be an affront to our 
Constitution.
  But our outmoded current laws do give us reason to be concerned. Most 
important, under current law, in the event of a cyber attack, the 
President's authorities are broad and ambiguous--a recipe for 
encroachments on privacy and civil liberties.
  For example, in the event of a war or threat of war, the 
Communications Act of 1934 authorizes the President to take over or 
shut down wire and radio communications providers. This law is a crude 
sledgehammer built for another time and technology. Our bill contains a 
number of protections to make sure that broad authority cannot be used 
to shut down the Internet.
  First, section 2 of the bill states explicitly:

       Notwithstanding any other provision of this Act, an 
     amendment made by this Act, or section 706 of the 
     Communications Act of 1934, neither the President, the 
     Director of the National Center for Cybersecurity and 
     Communications, or any officer or employee of the United 
     States Government shall have the authority to shut down the 
     Internet.

  Second, the emergency measures in our bill apply in a precise and 
targeted way only to our most critical infrastructure--vital components 
of the electric power grid, telecommunications networks, financial 
systems or other critical infrastructure systems that could cause a 
national or regional catastrophe if disrupted. This definition would 
not cover the entire Internet, the Internet backbone, or even entire 
companies.
  In defining covered critical infrastructure, our bill directs the 
Secretary to consider the consequences of a disruption of a particular 
system or asset. To constitute a ``national or regional catastrophe,'' 
the disruption would need to cause a mass casualty event which includes 
an extraordinary number of fatalities; severe economic consequences; 
mass evacuations with a prolonged absence; or severe degradation of 
national security capabilities, including intelligence and defense 
functions.
  When the Committee reported this bill last year, the report clarified 
what these four factors mean, specifically referencing the current DHS 
interpretation of ``national or severe economic consequences; mass 
evacuations with a prolonged absence; or regional catastrophe.'' Under 
DHS's interpretation, a ``national or regional catastrophe'' includes a 
combination of the following factors: more than 2,500 prompt 
fatalities; greater than $25 billion in first-year economic 
consequences; mass evacuations with a prolonged absence of greater than 
one month; or severe degradation of the nation's security capabilities.
  As our Committee's report noted, we expect the Department to apply 
this standard in determining which particular systems or assets 
constitute covered critical infrastructure.
  Third, our legislation restricts the President's ability to declare a 
national cyber emergency to those circumstances in which an ``actual or 
imminent'' cyber attack would disrupt covered critical infrastructure 
that would cause these catastrophic consequences.
  Fourth, any measures ordered by the President must be ``the least 
disruptive means feasible.''
  Fifth, the authority our bill would grant is time limited. The 
President could only declare a cyber emergency for 30-day period and 
only for up to 120 days. After that, Congress would be required to 
specifically authorize further measures. Any declaration would be 
subject to congressional oversight, as our bill requires the President 
to notify Congress regarding the specific threat to our nation's 
infrastructure, why existing protections are not sufficient, and what 
specific emergency measures are required to respond to the specific 
threat.
  Sixth, the legislation expressly forbids the designation of any 
system or asset as covered critical infrastructure ``based solely on 
activities protected by the first amendment to the United States 
Constitution.''
  Seventh, the bill provides for a robust administrative process for an 
owner or operator to challenge the designation of a system or asset as 
covered critical infrastructure and expressly permits challenges of a 
final agency determination in federal court.
  Our bill contains protections to prevent the President from denying 
Americans access to the Internet--even as it provides clear and 
unambiguous direction to ensure that those most critical systems and 
assets that rely on the Internet are protected. And, even though 
experts question whether anyone can technically ``shut down'' the 
Internet in the United States, we included explicit language 
prohibiting the President from doing what President Mubarak did.
  I would like to stress that the need for Congress to pass a 
comprehensive cyber security bill is more urgent than ever.
  Cyber-based threats to U.S. information infrastructure are 
increasing, constantly evolving, and growing more dangerous.
  In March 2010 the Senate's Sergeant at Arms reported that the 
computer systems of Congress and the Executive Branch agencies are now 
under cyber attack an average of 1.8 billion times per month. The 
annual cost of cyber crime worldwide has climbed to more than $1 
trillion.
  Coordinated cyber attacks have crippled Estonia, Georgia, and 
Kyrgyzstan and compromised critical infrastructure in countries around 
the world.
  Devastating cyber attacks could disrupt, damage, or even destroy some 
of our nation's critical infrastructure, such as the electric power 
grid, oil and gas pipelines, dams, or communications networks. These 
cyber threats could cause catastrophic damage in the physical world.
  Based on media reports, China and Russia already have penetrated the 
computer systems of America's electric power grid, leaving behind 
malicious hidden software that could be activated later to disrupt the 
grid during a war or other national crisis.
  In June 2010, cyber security experts discovered Stuxnet, one of the 
most sophisticated viruses ever found. Stuxnet was programmed 
specifically to infiltrate certain industrial control systems, allowing 
the virus to potentially overwrite commands and to sabotage infected 
systems. It had the potential to change instructions, commands, or 
alarm thresholds, which, in turn, could

[[Page 2337]]

damage, disable, or disrupt equipment supporting the most critical 
infrastructure.
  The private sector is also under attack. In January 2010, Google 
announced that attacks originating in China had targeted its systems as 
well as the networks of more than 30 other companies. The attacks on 
Google sought to access the email accounts of Chinese human rights 
activists. For other companies, lucrative information such as critical 
corporate data and software source codes were targeted.
  According to a report released last week, coordinated and covert 
attacks hit more than five major oil, energy, and petrochemical 
companies. The focus of the intrusions was oil and gas field production 
systems, as well as financial documents related to field exploration 
and bidding for new oil and gas leases. The companies also lost 
information related to their industrial control systems.
  In the cyber domain, the advantage lies with our adversaries, for 
whom success could be achieved by exploiting a single vulnerability 
that could produce disruptive effects at network speed. Effectively 
preventing or containing major cyber attacks requires that response 
plans be in place and roles and authorities of Federal government 
agencies and entities be clearly delineated in advance.
  For too long, our approach to cyber security has been disjointed and 
uncoordinated. This cannot continue. The United States requires a 
comprehensive cyber security strategy backed by effective 
implementation of innovative security measures. There must be strong 
coordination among law enforcement, intelligence agencies, the 
military, and the private sector owners and operators of critical 
infrastructure.
  This bill would establish the essential point of coordination across 
the Executive branch. The Office of Cyberspace Policy in the Executive 
Office of the President would be run by a Senate-confirmed Director who 
would advise the President on all cyber security matters. The Director 
would lead and harmonize Federal efforts to secure cyberspace and would 
develop a strategy that incorporates all elements of cyber security 
policy. The Director would oversee all Federal activities related to 
the strategy to ensure efficiency and coordination. The Director would 
report regularly to Congress to ensure transparency and oversight.
  To be clear, the White House official would not be another 
unaccountable czar. The Cyber Director would be a Senate-confirmed 
position and thus would testify before Congress. The important 
responsibilities given to the Director of the Office of Cyberspace 
Policy related to cyber security are similar to the responsibilities of 
the current Director of the Office of Science and Technology Policy.
  The Cyber Director would advise the President and coordinate efforts 
across the Executive branch to protect and improve our cyber security 
posture and communications networks. And, by working with a strong 
operational and tactical partner at the Department of Homeland 
Security, the Director would help improve the security of Federal and 
private sector networks.
  This strong DHS partner would be the National Center for 
Cybersecurity and Communications, or Cyber Center. It would be located 
within the Department of Homeland Security to elevate and strengthen 
the Department's cyber security capabilities and authorities. This 
Center also would be led by a Senate-confirmed Director.
  The Cyber Center, anchored at DHS, will close the coordination gaps 
that currently exist in our disjointed federal cyber security efforts. 
For day-to-day operations, the Center would use the resources of DHS, 
and the Center Director would report directly to the Secretary of 
Homeland Security. On interagency matters related to the security of 
Federal networks, the Director would regularly advise the President--a 
relationship similar to the Director of the NCTC on counterterrorism 
matters or the Chairman of the Joint Chiefs of Staff on military 
issues. These dual relationships would give the Center Director 
sufficient rank and stature to interact effectively with the heads of 
other departments and agencies, and with the private sector.
  Congress has dealt with complex challenges involving the need for 
interagency coordination in the past with a similar construct. We have 
established strong leaders with supporting organizational structures to 
coordinate and implement action across agencies, while recognizing and 
respecting disparate agency missions.
  The establishment of the National Counterterrorism Center within the 
Office of the Director of National Intelligence is a prime example of a 
successful reorganization that fused the missions of multiple agencies. 
The Director of NCTC is responsible for the strategic planning of joint 
counterterrorism operations, and in this role reports to the President. 
When implementing the information analysis, integration, and sharing 
mission of the Center, the Director reports to the Director of National 
Intelligence. These dual roles provide access to the President on 
strategic, interagency matters, yet provide NCTC with the structural 
support and resources of the office of the DNI to complete the day-to-
day work of the NCTC. The DHS Cyber Center would replicate this 
successful model for cyber security.
  This bill would establish a public/private partnership to improve 
cyber security. Working collaboratively with the private sector, the 
Center would produce and share useful warning, analysis, and threat 
information with the private sector, other Federal agencies, 
international partners, and state and local governments. By developing 
and promoting best practices and providing voluntary technical 
assistance to the private sector, the Center would improve cyber 
security across the nation. Best practices developed by the Center 
would be based on collaboration and information sharing with the 
private sector. Information shared with the Center by the private 
sector would be protected.
  With respect to the owners and operators of our most critical systems 
and assets, the bill would mandate compliance with certain risk-based 
performance metrics to close security gaps. These metrics would apply 
to vital components of the electric grid, telecommunications networks, 
financial systems, or other critical infrastructure systems that could 
cause a national or regional catastrophe if disrupted.
  This approach would be similar to the current model that DHS employs 
with the chemical industry. Rather than setting specific standards, DHS 
would employ a risk-based approach to evaluating cyber risk, and the 
owners and operators of covered critical infrastructure would develop a 
plan for protecting against those risks and mitigating the consequences 
of an attack.
  These owners and operators would be able to choose which security 
measures to implement to meet applicable risk-based performance 
metrics. The bill does not authorize any new surveillance authorities 
or permit the government to ``take over'' private networks. This model 
would allow for continued innovation and dynamism that are fundamental 
to the success of the IT sector.
  The bill would protect the owners and operators of covered critical 
infrastructure from punitive damages when they comply with the new 
risk-based performance measures. Covered critical infrastructure also 
would be required to report certain significant breaches affecting 
vital system functions to the Center. Collaboration with the private 
sector would help develop mitigations for these cyber risks.
  The Center also would share information, including threat analysis, 
with owners and operators of critical infrastructure regarding risks 
affecting the security of their sectors. The Center would work with 
sector-specific agencies and other Federal agencies with existing 
regulatory authority to avoid duplication of requirements, to use 
existing expertise, and to ensure government resources are employed in 
the most efficient and effective manner.
  With regard to Federal networks, the Federal Information Security 
Management Act--known as FISMA--gives the Office of Management and 
Budget

[[Page 2338]]

broad authority to oversee agency information security measures. In 
practice, however, FISMA is frequently criticized as a ``paperwork 
exercise'' that offers little real security and leads to a disjointed 
cyber security regime in which each Federal agency haphazardly 
implements its own security measures.
  The bill we introduce today would transform FISMA from paper based to 
real-time responses. It would codify and strengthen DHS authorities to 
establish complete situational awareness for Federal networks and 
develop tools to improve resilience of Federal Government systems and 
networks.
  The legislation also would ensure that Federal civilian agencies 
consider cyber risks in IT procurements instead of relying on the ad 
hoc approach that dominates civilian government cyber efforts. The bill 
would charge the Secretary of Homeland Security, working with the 
private sector and the heads of other affected departments and 
agencies, with developing a supply chain risk management strategy 
applicable to Federal procurements. This strategy would emphasize the 
security of information systems from development to acquisition and 
throughout their operational life cycle. The strategy would be based, 
to the maximum extent practicable, on standards developed by the 
private sector and would direct agencies to use commercial-off-the-
shelf solutions to the maximum extent consistent with agency needs.
  While the Cyber Center should not be responsible for micromanaging 
individual procurements or directing investments, we have seen far too 
often that security is not a primary concern when agencies procure 
their IT systems. Recommending security investments to OMB and 
providing strategic guidance on security enhancements early in the 
development and acquisition process will help ``bake in'' security. 
Cyber security can no longer be an afterthought in our government 
agencies.
  These improvements in Federal acquisition policy should have 
beneficial ripple effects in the larger commercial market. As a large 
customer, the Federal Government can contract with companies to 
innovate and improve the security of their IT services and products. 
These innovations can establish new security baselines for services and 
products offered to the private sector and the general public without 
mandating specific market outcomes.
  Finally, the legislation would direct the Office of Personnel 
Management to reform the way cyber security personnel are recruited, 
hired, and trained to ensure that the Federal Government and the 
private sector have the talent necessary to lead this national effort 
and protect its own networks. The bill would also provide DHS with 
temporary hiring and pay flexibilities to assist in the establishment 
of the Center.
  We cannot afford to wait for a ``cyber 9/11'' before our government 
finally realizes the importance of protecting our digital resources, 
limiting our vulnerabilities, and mitigating the consequences of 
penetrations to our networks.
  We must be ready. It is vitally important that we build a strong 
public-private partnership to protect cyberspace. It is a vital engine 
of our economy, our government, our country and our future.
  I urge Congress to support this vitally important legislation.

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