[Congressional Record (Bound Edition), Volume 157 (2011), Part 4]
[Senate]
[Pages 4649-4665]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. AKAKA (for himself, Mr. Inouye, Mr. Begich, and Ms. 
        Murkowski):
  S. 675. a bill to express the policy of the United States regarding 
the United States relationship with Native Hawaiians and to provide a 
process for the recognition by the United States of the Native Hawaiian 
governing entity; to the Committee on Indian Affairs.
  Mr. AKAKA. Mr. President, today I rise to introduce legislation of 
great importance to my state, the Native Hawaiian Government 
Reorganization Act of 2011. This bill would ensure parity in federal 
policy as it relates to the Native Hawaiian people. It would put them 
on equal footing with American Indians and Alaska Natives. I have 
sponsored this common-sense legislation since the 106th Congress.
  Last December, I spoke here on the Senate floor to reaffirm my 
commitment to enact this legislation. I made it clear then to my 
colleagues and my constituents that I would be reintroducing this 
legislation in the 112th Congress. I am moving forward with the 
legislation that was reported out of the Senate Committee on Indian 
Affairs in the 111th Congress.
  Throughout my Senate career, I have been a member of the Committee on 
Indian Affairs. I have worked diligently with my colleagues on the 
Committee to champion legislation to improve conditions for our Native 
communities across the United States. At the beginning of the 112th 
Congress, I became the Chairman of this Committee. I look forward to 
working on the many pressing issues for American Indians, Alaska 
Natives, and Native Hawaiians. Reconciliation between the United States 
and the Native Hawaiian people will be a top priority.
  In 1993, I sponsored a measure commonly known as the Apology 
Resolution. This resolution was signed into law by President Bill 
Clinton. It outlined the history--prior to--and following the overthrow 
of the Kingdom of Hawaii, including the involvement in the overthrow by 
agents of the United States. In the resolution, the United States 
apologized for its involvement--and acknowledged the ramifications of 
the overthrow. It committed to support reconciliation efforts between 
the United States and the Native Hawaiian people.

[[Page 4650]]

  However, additional Congressional action is needed.
  My legislation allows us to take the necessary next step in the 
reconciliation process. The bill does three things. First, it 
authorizes an office in the Department of the Interior to serve as a 
liaison between Native Hawaiians and the United States. Second, it 
forms an interagency task force chaired by the Departments of Justice 
and Interior, and composed of officials from federal agencies that 
administer programs and services impacting Native Hawaiians. Third, it 
authorizes a process for the reorganization of the Native Hawaiian 
government for the purposes of a federally-recognized government-to-
government relationship. Once the Native Hawaiian government is 
recognized, an inclusive democratic negotiations process representing 
both Native Hawaiians and non-Native Hawaiians would be established. 
There are many checks and balances in this process. Any agreements 
reached would still require the legislative approval of the State and 
Federal governments.
  Opponents have spread misinformation about the bill. Let me be clear 
on some things that this bill does not do. My bill will not allow for 
gaming. It does not allow for Hawaii to secede from the United States. 
It does not allow for private land to be taken. It does not create a 
reservation in Hawaii.
  What this bill does do is allow the people of Hawaii to come together 
and address issues arising from the overthrow of the Kingdom of Hawaii 
more than 118 years ago.
  It is time to move forward with this legislation. To date, there have 
been a total of 12 Congressional hearings, including 5 joint hearings 
in Hawaii held by the Senate Committee on Indian Affairs and the House 
Natural Resources Committee. Our colleagues in the House have passed 
versions of this bill three times. We, however, have never had the 
opportunity to openly debate this bill on its merits in the Senate. We 
have a strong bill that is supported by Native communities across the 
United States, by the State of Hawaii, and by the Obama Administration.
  Last week, I met with officials and community leaders in the state of 
Hawaii to share my intention to reintroduce this legislation. I 
received widespread support. This support was not surprising. A poll 
conducted by the Honolulu Advertiser in May of last year reported that 
66 percent of the people of Hawaii support Federal recognition for 
Native Hawaiians. And 82 percent of Native Hawaiians polled support 
Federal recognition.
  My efforts have the support of the National Congress of American 
Indians, the Alaska Federation of Natives, and groups throughout the 
Native Hawaiian community including the Association of Hawaiian Civic 
Clubs, the Native Hawaiian Bar Association, the Council for Native 
Hawaiian Advancement, and two state agencies which represent the 
interests of the Native Hawaiian people, the Office of Hawaiian Affairs 
and the Department of Hawaiian Home Lands. I have also received support 
from national organizations such as the American Bar Association, and 
from President Obama, the Department of Justice, and the Department of 
Interior.
  I encourage all of my colleagues to stand with me and support this 
legislation. I welcome any of my colleagues with concerns to speak with 
me so I can explain how important this bill is for the people of 
Hawaii. The people of Hawaii have waited for far too long. America has 
a history of righting past wrongs. The United States has federally 
recognized government-to-government relationships with 565 tribes 
across our country. It is time to extend this policy to the Native 
Hawaiians.
  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. 675

       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 ``Native Hawaiian Government 
     Reorganization Act of 2011''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the Constitution vests Congress with the authority to 
     address the conditions of the indigenous, native people of 
     the United States and the Supreme Court has held that under 
     the Indian Commerce, Treaty, Supremacy, and Property Clauses, 
     and the War Powers, Congress may exercise that power to 
     rationally promote the welfare of the native peoples of the 
     United States so long as the native people are a ``distinctly 
     native community'';
       (2) Native Hawaiians, the native people of the Hawaiian 
     archipelago that is now part of the United States, are 1 of 
     the indigenous, native peoples of the United States, and the 
     Native Hawaiian people are a distinctly native community;
       (3) the United States has a special political and legal 
     relationship with, and has long enacted legislation to 
     promote the welfare of, the native peoples of the United 
     States, including the Native Hawaiian people;
       (4) under the authority of the Constitution, the United 
     States concluded a number of treaties with the Kingdom of 
     Hawaii, and from 1826 until 1893, the United States--
       (A) recognized the sovereignty of the Kingdom of Hawaii as 
     a nation;
       (B) accorded full diplomatic recognition to the Kingdom of 
     Hawaii; and
       (C) entered into treaties and conventions of peace, 
     friendship and commerce with the Kingdom of Hawaii to govern 
     trade, commerce, and navigation in 1826, 1842, 1849, 1875, 
     and 1887;
       (5) pursuant to the Hawaiian Homes Commission Act, 1920 (42 
     Stat. 108, chapter 42), the United States set aside 
     approximately 203,500 acres of land in trust to better 
     address the conditions of Native Hawaiians in the Federal 
     territory that later became the State of Hawaii and in 
     enacting the Hawaiian Homes Commission Act, 1920, Congress 
     acknowledged the Native Hawaiian people as a native people of 
     the United States, as evidenced by the Committee Report, 
     which notes that Congress relied on the Indian affairs power 
     and the War Powers, including the power to make peace;
       (6) by setting aside 203,500 acres of land in trust for 
     Native Hawaiian homesteads and farms, the Hawaiian Homes 
     Commission Act, 1920, assists the members of the Native 
     Hawaiian community in maintaining distinctly native 
     communities throughout the State of Hawaii;
       (7) approximately 9,800 Native Hawaiian families reside on 
     the Hawaiian Home Lands, and approximately 25,000 Native 
     Hawaiians who are eligible to reside on the Hawaiian Home 
     Lands are on a waiting list to receive assignments of 
     Hawaiian Home Lands;
       (8)(A) in 1959, as part of the compact with the United 
     States admitting Hawaii into the Union, Congress delegated 
     the authority and responsibility to administer the Hawaiian 
     Homes Commission Act, 1920, lands in trust for Native 
     Hawaiians and established a new public trust (commonly known 
     as the ``ceded lands trust''), for 5 purposes, 1 of which is 
     the betterment of the conditions of Native Hawaiians, and 
     Congress thereby reaffirmed its recognition of the Native 
     Hawaiians as a distinctly native community with a direct 
     lineal and historical succession to the aboriginal, 
     indigenous people of Hawaii;
       (B) the public trust consists of lands, including submerged 
     lands, natural resources, and the revenues derived from the 
     lands; and
       (C) the assets of this public trust have never been 
     completely inventoried or segregated;
       (9) Native Hawaiians have continuously sought access to the 
     ceded lands in order to establish and maintain native 
     settlements and distinct native communities throughout the 
     State;
       (10) the Hawaiian Home Lands and other ceded lands provide 
     important native land reserves and resources for the Native 
     Hawaiian community to maintain the practice of Native 
     Hawaiian culture, language, and traditions, and for the 
     continuity, survival, and economic self-sufficiency of the 
     Native Hawaiian people as a distinctly native political 
     community;
       (11) Native Hawaiians continue to maintain other distinctly 
     native areas in Hawaii, including native lands that date back 
     to the ali`i and kuleana lands reserved under the Kingdom of 
     Hawaii;
       (12) through the Sovereign Council of Hawaiian Homelands 
     Assembly, Native Hawaiian civic associations, charitable 
     trusts established by the Native Hawaiian ali`i, nonprofit 
     native service providers and other community associations, 
     the Native Hawaiian people have actively maintained native 
     traditions and customary usages throughout the Native 
     Hawaiian community and the Federal and State courts have 
     continuously recognized the right of the Native Hawaiian 
     people to engage in certain customary practices and usages on 
     public lands;
       (13) on November 23, 1993, Public Law 103-150 (107 Stat. 
     1510) (commonly known as the ``Apology Resolution'') was 
     enacted into law, extending an apology on behalf of the 
     United States to the native people of Hawaii for the United 
     States' role in the overthrow of the Kingdom of Hawaii;
       (14) the Apology Resolution acknowledges that the overthrow 
     of the Kingdom of Hawaii

[[Page 4651]]

     occurred with the active participation of agents and citizens 
     of the United States, and further acknowledges that the 
     Native Hawaiian people never directly relinquished to the 
     United States their claims to their inherent sovereignty as a 
     people over their national lands, either through the Kingdom 
     of Hawaii or through a plebiscite or referendum;
       (15)(A) the Apology Resolution expresses the commitment of 
     Congress and the President--
       (i) to acknowledge the ramifications of the overthrow of 
     the Kingdom of Hawaii; and
       (ii) to support reconciliation efforts between the United 
     States and Native Hawaiians;
       (B) Congress established the Office of Hawaiian Relations 
     within the Department of the Interior with 1 of its purposes 
     being to consult with Native Hawaiians on the reconciliation 
     process; and
       (C) the United States has the duty to reconcile and 
     reaffirm its friendship with the Native Hawaiian people 
     because, among other things, the United States Minister and 
     United States naval forces participated in the overthrow of 
     the Kingdom of Hawaii;
       (16)(A) despite the overthrow of the Government of the 
     Kingdom of Hawaii, Native Hawaiians have continued to 
     maintain their separate identity as a single distinctly 
     native political community through cultural, social, and 
     political institutions, and to give expression to their 
     rights as native people to self-determination, self-
     governance, and economic self-sufficiency; and
       (B) there is clear continuity between the aboriginal, 
     indigenous, native people of the Kingdom of Hawaii and their 
     successors, the Native Hawaiian people today;
       (17) Native Hawaiians have also given expression to their 
     rights as native people to self-determination, self-
     governance, and economic self-sufficiency--
       (A) through the provision of governmental services to 
     Native Hawaiians, including the provision of--
       (i) health care services;
       (ii) educational programs;
       (iii) employment and training programs;
       (iv) economic development assistance programs;
       (v) children's services;
       (vi) conservation programs;
       (vii) fish and wildlife protection;
       (viii) agricultural programs;
       (ix) native language immersion programs;
       (x) native language immersion schools from kindergarten 
     through high school;
       (xi) college and master's degree programs in native 
     language immersion instruction; and
       (xii) traditional justice programs; and
       (B) by continuing their efforts to enhance Native Hawaiian 
     self-determination and local control;
       (18) Native Hawaiian people are actively engaged in Native 
     Hawaiian cultural practices, traditional agricultural 
     methods, fishing and subsistence practices, maintenance of 
     cultural use areas and sacred sites, protection of burial 
     sites, and the exercise of their traditional rights to gather 
     medicinal plants and herbs, and food sources;
       (19) the Native Hawaiian people wish to preserve, develop, 
     and transmit to future generations of Native Hawaiians their 
     lands and Native Hawaiian political and cultural identity in 
     accordance with their traditions, beliefs, customs and 
     practices, language, and social and political institutions, 
     to control and manage their own lands, including ceded lands, 
     and to achieve greater self-determination over their own 
     affairs;
       (20) this Act provides a process within the framework of 
     Federal law for the Native Hawaiian people to exercise their 
     inherent rights as a distinct, indigenous, native community 
     to reorganize a single unified Native Hawaiian governing 
     entity for the purpose of giving expression to their rights 
     as a native people to self-determination and self-governance;
       (21) Congress--
       (A) has declared that the United States has a special 
     political and legal relationship for the welfare of the 
     native peoples of the United States, including Native 
     Hawaiians;
       (B) has identified Native Hawaiians as an indigenous, 
     distinctly native people of the United States within the 
     scope of its authority under the Constitution, and has 
     enacted scores of statutes on their behalf; and
       (C) has delegated broad authority to the State of Hawaii to 
     administer some of the United States' responsibilities as 
     they relate to the Native Hawaiian people and their lands;
       (22) the United States has recognized and reaffirmed the 
     special political and legal relationship with the Native 
     Hawaiian people through the enactment of the Act entitled, 
     ``An Act to provide for the admission of the State of Hawaii 
     into the Union'', approved March 18, 1959 (Public Law 86-3; 
     73 Stat. 4), by--
       (A) ceding to the State of Hawaii title to the public lands 
     formerly held by the United States, and mandating that those 
     lands be held as a public trust for 5 purposes, 1 of which is 
     for the betterment of the conditions of Native Hawaiians; and
       (B) transferring the United States responsibility for the 
     administration of the Hawaiian Home Lands to the State of 
     Hawaii, but retaining the exclusive right of the United 
     States to consent to any actions affecting the lands included 
     in the trust and any amendments to the Hawaiian Homes 
     Commission Act, 1920 (42 Stat. 108, chapter 42), that are 
     enacted by the legislature of the State of Hawaii affecting 
     the beneficiaries under the Act;
       (23) the United States has continually recognized and 
     reaffirmed that--
       (A) Native Hawaiians have a direct genealogical, cultural, 
     historic, and land-based connection to their forebears, the 
     aboriginal, indigenous, native people who exercised original 
     sovereignty over the Hawaiian Islands;
       (B) Native Hawaiians have never relinquished their claims 
     to sovereignty or their sovereign lands;
       (C) the United States extends services to Native Hawaiians 
     because of their unique status as the native people of a 
     prior-sovereign nation with whom the United States has a 
     special political and legal relationship; and
       (D) the special relationship of American Indians, Alaska 
     Natives, and Native Hawaiians to the United States arises out 
     of their status as aboriginal, indigenous, native people of 
     the United States; and
       (24) the State of Hawaii supports the reaffirmation of the 
     special political and legal relationship between the Native 
     Hawaiian governing entity and the United States, as evidenced 
     by 2 unanimous resolutions enacted by the Hawaii State 
     Legislature in the 2000 and 2001 sessions of the Legislature 
     and by the testimony of the Governor of the State of Hawaii 
     before the Committee on Indian Affairs of the Senate on 
     February 25, 2003, and March 1, 2005.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Aboriginal, indigenous, native people.--The term 
     ``aboriginal, indigenous, native people'' means a people whom 
     Congress has recognized as the original inhabitants of the 
     lands that later became part of the United States and who 
     exercised sovereignty in the areas that later became part of 
     the United States.
       (2) Apology resolution.--The term ``Apology Resolution'' 
     means Public Law 103-150 (107 Stat. 1510), a Joint Resolution 
     extending an apology to Native Hawaiians on behalf of the 
     United States for the participation of agents of the United 
     States in the January 17, 1893, overthrow of the Kingdom of 
     Hawaii.
       (3) Commission.--The term ``Commission'' means the 
     Commission established under section 8(b).
       (4) Council.--The term ``Council'' means the Native 
     Hawaiian Interim Governing Council established under section 
     8(c)(2).
       (5) Indian program or service.--
       (A) In general.--The term ``Indian program or service'' 
     means any federally funded or authorized program or service 
     provided to an Indian tribe (or member of an Indian tribe) 
     because of the status of the members of the Indian tribe as 
     Indians.
       (B) Inclusions.--The term ``Indian program or service'' 
     includes a program or service provided by the Bureau of 
     Indian Affairs, the Indian Health Service, or any other 
     Federal agency.
       (6) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (7) Indigenous, native people.--The term ``indigenous, 
     native people'' means the lineal descendants of the 
     aboriginal, indigenous, native people of the United States.
       (8) Interagency coordinating group.--The term ``Interagency 
     Coordinating Group'' means the Native Hawaiian Interagency 
     Coordinating Group established under section 6.
       (9) Native hawaiian governing entity.--The term ``Native 
     Hawaiian governing entity'' means the governing entity 
     organized pursuant to this Act by the qualified Native 
     Hawaiian constituents.
       (10) Native hawaiian membership organization.--The term 
     ``Native Hawaiian Membership Organization'' means an 
     organization that--
       (A) serves and represents the interests of Native 
     Hawaiians, has as a primary and stated purpose the provision 
     of services to Native Hawaiians, and has expertise in Native 
     Hawaiian affairs;
       (B) has leaders who are elected democratically, or selected 
     through traditional Native leadership practices, by members 
     of the Native Hawaiian community;
       (C) advances the cause of Native Hawaiians culturally, 
     socially, economically, or politically;
       (D) is a membership organization or association; and
       (E) has an accurate and reliable list of Native Hawaiian 
     members.
       (11) Office.--The term ``Office'' means the United States 
     Office for Native Hawaiian Relations established by section 
     5(a).
       (12) Qualified native hawaiian constituent.--For the 
     purposes of establishing the roll authorized under section 8, 
     and prior to the recognition by the United States of the 
     Native Hawaiian governing entity, the term ``qualified Native 
     Hawaiian constituent'' means an individual who the Commission 
     determines has satisfied the following criteria and who makes 
     a written statement certifying that he or she--

[[Page 4652]]

       (A) is--
       (i) an individual who is 1 of the indigenous, native people 
     of Hawaii and who is a direct lineal descendant of the 
     aboriginal, indigenous, native people who--

       (I) resided in the islands that now comprise the State of 
     Hawaii on or before January 1, 1893; and
       (II) occupied and exercised sovereignty in the Hawaiian 
     archipelago, including the area that now constitutes the 
     State of Hawaii; or

       (ii) an individual who is 1 of the indigenous, native 
     people of Hawaii and who was eligible in 1921 for the 
     programs authorized by the Hawaiian Homes Commission Act, 
     1920 (42 Stat. 108, chapter 42), or a direct lineal 
     descendant of that individual;
       (B) wishes to participate in the reorganization of the 
     Native Hawaiian governing entity;
       (C) is 18 years of age or older;
       (D) is a citizen of the United States; and
       (E) maintains a significant cultural, social, or civic 
     connection to the Native Hawaiian community, as evidenced by 
     satisfying 2 or more of the following 10 criteria:
       (i) Resides in the State of Hawaii.
       (ii) Resides outside the State of Hawaii and--

       (I)(aa) currently serves or served as (or has a parent or 
     spouse who currently serves or served as) a member of the 
     Armed Forces or as an employee of the Federal Government; and
       (bb) resided in the State of Hawaii prior to the time he or 
     she (or such parent or spouse) left the State of Hawaii to 
     serve as a member of the Armed Forces or as an employee of 
     the Federal Government; or
       (II)(aa) currently is or was enrolled (or has a parent or 
     spouse who currently is or was enrolled) in an accredited 
     institution of higher education outside the State of Hawaii; 
     and
       (bb) resided in the State of Hawaii prior to the time he or 
     she (or such parent or spouse) left the State of Hawaii to 
     attend such institution.

       (iii)(I) Is or was eligible to be a beneficiary of the 
     programs authorized by the Hawaiian Homes Commission Act, 
     1920 (42 Stat. 108, chapter 42), and resides or resided on 
     land set aside as ``Hawaiian home lands'', as defined in such 
     Act; or
       (II) Is a child or grandchild of an individual who is or 
     was eligible to be a beneficiary of the programs authorized 
     by such Act and who resides or resided on land set aside as 
     ``Hawaiian home lands'', as defined in such Act.
       (iv) Is or was eligible to be a beneficiary of the programs 
     authorized by the Hawaiian Homes Commission Act, 1920 (42 
     Stat. 108, chapter 42).
       (v) Is a child or grandchild of an individual who is or was 
     eligible to be a beneficiary of the programs authorized by 
     the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, 
     chapter 42).
       (vi) Resides on or has an ownership interest in, or has a 
     parent or grandparent who resides on or has an ownership 
     interest in, ``kuleana land'' that is owned in whole or in 
     part by a person who, according to a genealogy verification 
     by the Office of Hawaiian Affairs or by court order, is a 
     lineal descendant of the person or persons who received the 
     original title to such ``kuleana land'', defined as lands 
     granted to native tenants pursuant to Haw. L. 1850, p. 202, 
     entitled ``An Act Confirming Certain Resolutions of the King 
     and Privy Council Passed on the 21st day of December, A.D. 
     1849, Granting to the Common People Allodial Titles for Their 
     Own Lands and House Lots, and Certain Other Privileges'', as 
     amended by Haw. L. 1851, p. 98, entitled ``An Act to Amend An 
     Act Granting to the Common People Allodial Titles for Their 
     Own Lands and House Lots, and Certain Other Privileges'' and 
     as further amended by any subsequent legislation.
       (vii) Is, or is the child or grandchild of, an individual 
     who has been or was a student for at least 1 school year at a 
     school or program taught through the medium of the Hawaiian 
     language under section 302H-6, Hawaii Revised Statutes, or at 
     a school founded and operated primarily or exclusively for 
     the benefit of Native Hawaiians.
       (viii) Has been a member since September 30, 2009, of at 
     least 1 Native Hawaiian Membership Organization.
       (ix) Has been a member since September 30, 2009, of at 
     least 2 Native Hawaiian Membership Organizations.
       (x) Is regarded as a Native Hawaiian and whose mother or 
     father is (or if deceased, was) regarded as Native Hawaiian 
     by the Native Hawaiian community, as evidenced by sworn 
     affidavits from two or more qualified Native Hawaiian 
     constituents certified by the Commission as possessing 
     expertise in the social, cultural, and civic affairs of the 
     Native Hawaiian community.
       (13) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (14) Special political and legal relationship.--The term 
     ``special political and legal relationship'' shall refer, 
     except where differences are specifically indicated elsewhere 
     in the Act, to the type of and nature of relationship the 
     United States has with the several federally recognized 
     Indian tribes.

     SEC. 4. UNITED STATES POLICY AND PURPOSE.

       (a) Policy.--The United States reaffirms that--
       (1) Native Hawaiians are a unique and distinct, indigenous, 
     native people with whom the United States has a special 
     political and legal relationship;
       (2) the United States has a special political and legal 
     relationship with the Native Hawaiian people, which includes 
     promoting the welfare of Native Hawaiians;
       (3)(A) Congress possesses and hereby exercises the 
     authority under the Constitution, including but not limited 
     to Article I, Section 8, Clause 3, to enact legislation to 
     better the conditions of Native Hawaiians and has exercised 
     this authority through the enactment of--
       (i) the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, 
     chapter 42);
       (ii) the Act entitled ``An Act to provide for the admission 
     of the State of Hawaii into the Union'', approved March 18, 
     1959 (Public Law 86-3; 73 Stat. 4); and
       (iii) more than 150 other Federal laws addressing the 
     conditions of Native Hawaiians;
       (B) other sources of authority under the Constitution for 
     legislation on behalf of the indigenous, native peoples of 
     the United States, including Native Hawaiians, include but 
     are not limited to the Property, Treaty, and Supremacy 
     Clauses, War Powers, and the Fourteenth Amendment, and 
     Congress hereby relies on those powers in enacting this 
     legislation; and
       (C) the Constitution's original Apportionment Clause and 
     the 14th Amendment Citizenship and amended Apportionment 
     Clauses also acknowledge the propriety of legislation on 
     behalf of the native peoples of the United States, including 
     Native Hawaiians;
       (4) Native Hawaiians have--
       (A) an inherent right to autonomy in their internal 
     affairs;
       (B) an inherent right of self-determination and self-
     governance;
       (C) the right to reorganize a Native Hawaiian governing 
     entity; and
       (D) the right to become economically self-sufficient; and
       (5) the United States shall continue to engage in a process 
     of reconciliation and political relations with the Native 
     Hawaiian people.
       (b) Purpose.--The purpose of this Act is to provide a 
     process for the reorganization of the single Native Hawaiian 
     governing entity and the reaffirmation of the special 
     political and legal relationship between the United States 
     and that Native Hawaiian governing entity for purposes of 
     continuing a government-to-government relationship.

     SEC. 5. UNITED STATES OFFICE FOR NATIVE HAWAIIAN RELATIONS.

       (a) Establishment.--There is established within the Office 
     of the Secretary the United States Office for Native Hawaiian 
     Relations.
       (b) Duties.--The Office shall--
       (1) continue the process of reconciliation with the Native 
     Hawaiian people in furtherance of the Apology Resolution;
       (2) upon the reaffirmation of the government-to-government 
     relationship between the single Native Hawaiian governing 
     entity and the United States, effectuate and coordinate the 
     special political and legal relationship between the Native 
     Hawaiian governing entity and the United States through the 
     Secretary, and with all other Federal agencies;
       (3) provide timely notice to, and consult with, the Native 
     Hawaiian governing entity before taking any actions that may 
     have the potential to significantly affect Native Hawaiian 
     resources, rights, or lands;
       (4) work with the Interagency Coordinating Group, other 
     Federal agencies, and the State of Hawaii on policies, 
     practices, and proposed actions affecting Native Hawaiian 
     resources, rights, or lands; and
       (5) prepare and submit to the Committee on Indian Affairs 
     and the Committee on Energy and Natural Resources of the 
     Senate and the Committee on Natural Resources of the House of 
     Representatives an annual report detailing the activities of 
     the Interagency Coordinating Group that are undertaken with 
     respect to the continuing process of reconciliation and to 
     effect meaningful consultation with the Native Hawaiian 
     governing entity and may provide recommendations for any 
     necessary changes to Federal law or regulations promulgated 
     under the authority of Federal law.
       (c) Applicability to Department of Defense.--This section 
     shall have no applicability to the Department of Defense or 
     to any agency or component of the Department of Defense, but 
     the Secretary of Defense may designate 1 or more officials as 
     liaison to the Office.

     SEC. 6. NATIVE HAWAIIAN INTERAGENCY COORDINATING GROUP.

       (a) Establishment.--In recognition that Federal programs 
     authorized to address the conditions of Native Hawaiians are 
     largely administered by Federal agencies other than the 
     Department of the Interior, there is established an 
     interagency coordinating group, to be known as the ``Native 
     Hawaiian Interagency Coordinating Group''.
       (b) Composition.--The Interagency Coordinating Group shall 
     be composed of officials, to be designated by the President, 
     from--
       (1) each Federal agency whose actions may significantly or 
     uniquely impact Native Hawaiian programs, resources, rights, 
     or lands; and

[[Page 4653]]

       (2) the Office.
       (c) Lead Agency.--
       (1) In general.--The Department of the Interior and the 
     White House Office of Intergovernmental Affairs shall serve 
     as the leaders of the Interagency Coordinating Group.
       (2) Meetings.--The Secretary shall convene meetings of the 
     Interagency Coordinating Group.
       (d) Duties.--The Interagency Coordinating Group shall--
       (1) coordinate Federal programs and policies that affect 
     Native Hawaiians or actions by any agency or agencies of the 
     Federal Government that may significantly or uniquely affect 
     Native Hawaiian resources, rights, or lands;
       (2) consult with the Native Hawaiian governing entity, 
     through the coordination referred to in paragraph (1), but 
     the consultation obligation established in this provision 
     shall apply only after the satisfaction of all of the 
     conditions referred to in section 8(c)(8); and
       (3) ensure the participation of each Federal agency in the 
     development of the report to Congress authorized in section 
     5(b)(5).
       (e) Applicability to Department of Defense.--This section 
     shall have no applicability to the Department of Defense or 
     to any agency or component of the Department of Defense, but 
     the Secretary of Defense may designate 1 or more officials as 
     liaison to the Interagency Coordinating Group.

     SEC. 7. DESIGNATION OF DEPARTMENT OF JUSTICE REPRESENTATIVE.

       The Attorney General shall designate an appropriate 
     official within the Department of Justice to assist the 
     Office in the implementation and protection of the rights of 
     Native Hawaiians and their political and legal relationship 
     with the United States, and upon the recognition of the 
     Native Hawaiian governing entity as provided for in section 
     8, in the implementation and protection of the rights of the 
     Native Hawaiian governing entity and its political and legal 
     relationship with the United States.

     SEC. 8. PROCESS FOR REORGANIZATION OF NATIVE HAWAIIAN 
                   GOVERNING ENTITY AND REAFFIRMATION OF SPECIAL 
                   POLITICAL AND LEGAL RELATIONSHIP BETWEEN UNITED 
                   STATES AND NATIVE HAWAIIAN GOVERNING ENTITY.

       (a) Recognition of Native Hawaiian Governing Entity.--The 
     right of the qualified Native Hawaiian constituents to 
     reorganize the single Native Hawaiian governing entity to 
     provide for their common welfare and to adopt appropriate 
     organic governing documents is recognized by the United 
     States.
       (b) Commission.--
       (1) In general.--There is authorized to be established a 
     Commission to be composed of 9 members for the purposes of--
       (A) preparing and maintaining a roll of qualified Native 
     Hawaiian constituents; and
       (B) certifying that the individuals on the roll of 
     qualified Native Hawaiian constituents meet the definition of 
     qualified Native Hawaiian constituent set forth in section 3.
       (2) Membership.--
       (A) Appointment.--
       (i) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall appoint the 
     members of the Commission in accordance with subparagraph 
     (B).
       (ii) Consideration.--In making an appointment under clause 
     (i), the Secretary may take into consideration a 
     recommendation made by any Native Hawaiian Membership 
     Organization.
       (B) Requirements.--Each member of the Commission shall 
     demonstrate, as determined by the Secretary--
       (i) not less than 10 years of experience in the study and 
     determination of Native Hawaiian genealogy (traditional 
     cultural experience shall be given due consideration); and
       (ii) an ability to read and translate into English 
     documents written in the Hawaiian language.
       (C) Vacancies.--A vacancy on the Commission--
       (i) shall not affect the powers of the Commission; and
       (ii) shall be filled in the same manner as the original 
     appointment.
       (3) Expenses.--Each member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (4) Duties.--The Commission shall--
       (A) prepare and maintain a roll of qualified Native 
     Hawaiian constituents as set forth in subsection (c); and
       (B) certify that the individuals on the roll of qualified 
     Native Hawaiian constituents meet the definition of that term 
     as set forth in section 3.
       (5) Staff.--
       (A) In general.--The Commission may, without regard to the 
     civil service laws (including regulations), appoint and 
     terminate an executive director and such other additional 
     personnel as are necessary to enable the Commission to 
     perform the duties of the Commission.
       (B) Compensation.--
       (i) In general.--Except as provided in clause (ii), the 
     Commission may fix the compensation of the executive director 
     and other personnel without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates.
       (ii) Maximum rate of pay.--The rate of pay for the 
     executive director and other personnel shall not exceed the 
     rate payable for level V of the Executive Schedule under 
     section 5316 of title 5, United States Code.
       (6) Detail of federal government employees.--
       (A) In general.--An employee of the Federal Government may 
     be detailed to the Commission without reimbursement.
       (B) Civil service status.--The detail of the employee shall 
     be without interruption or loss of civil service status or 
     privilege.
       (7) Procurement of temporary and intermittent services.--
     The Commission may procure temporary and intermittent 
     services in accordance with section 3109(b) of title 5, 
     United States Code, at rates for individuals that do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of that title.
       (8) Expiration.--The Secretary shall dissolve the 
     Commission upon the reaffirmation of the special political 
     and legal relationship between the Native Hawaiian governing 
     entity and the United States.
       (c) Process for Reorganization of Native Hawaiian Governing 
     Entity.--
       (1) Roll.--
       (A) Contents.--The roll shall include the names of the 
     qualified Native Hawaiian constituents who are certified by 
     the Commission to be qualified Native Hawaiian constituents, 
     as defined in section 3.
       (B) Formation of roll.--Each individual claiming to be a 
     qualified Native Hawaiian constituent shall submit to the 
     Commission documentation in the form established by the 
     Commission that is sufficient to enable the Commission to 
     determine whether the individual meets the definition set 
     forth in section 3; Provided, That an individual presenting 
     evidence that he or she satisfies the definition in section 2 
     of Public Law 103-150 shall be presumed to meet the 
     requirement of section 3(12)(A)(i).
       (C) Documentation.--The Commission shall--
       (i)(I) identify the types of documentation that may be 
     submitted to the Commission that would enable the Commission 
     to determine whether an individual meets the definition of 
     qualified Native Hawaiian constituent set forth in section 3;
       (II) recognize an individual's identification of lineal 
     ancestors on the 1890 Census by the Kingdom of Hawaii as a 
     reliable indicia of lineal descent from the aboriginal, 
     indigenous, native people who resided in the islands that now 
     comprise the State of Hawaii on or before January 1, 1893; 
     and
       (III) permit elderly Native Hawaiians and other Native 
     Hawaiians lacking birth certificates or other documentation 
     due to birth on Hawaiian Home Lands or other similar 
     circumstances to establish lineal descent by sworn affidavits 
     from 2 or more qualified Native Hawaiian constituents;
       (ii) establish a standard format for the submission of 
     documentation and a process to ensure veracity; and
       (iii) publish information related to clauses (i) and (ii) 
     in the Federal Register.
       (D) Consultation.--In making determinations that each 
     individual proposed for inclusion on the roll of qualified 
     Native Hawaiian constituents meets the definition of 
     qualified Native Hawaiian constituent in section 3, the 
     Commission may consult with Native Hawaiian Membership 
     Organizations, agencies of the State of Hawaii including but 
     not limited to the Department of Hawaiian Home Lands, the 
     Office of Hawaiian Affairs, and the State Department of 
     Health, and other entities with expertise and experience in 
     the determination of Native Hawaiian ancestry and lineal 
     descendancy.
       (E) Notification.--The Commission shall--
       (i) inform an individual whether they have been deemed by 
     the Commission a qualified Native Hawaiian constituent; and
       (ii) inform an individual of a right to appeal the decision 
     if deemed not to be a qualified Native Hawaiian constituent.
       (F) Certification and submittal of roll to secretary.--The 
     Commission shall--
       (i) submit the roll containing the names of those 
     individuals who meet the definition of qualified Native 
     Hawaiian constituent in section 3 to the Secretary within 2 
     years from the date on which the Commission is fully 
     composed; and
       (ii) certify to the Secretary that each of the qualified 
     Native Hawaiian constituents proposed for inclusion on the 
     roll meets the definition set forth in section 3.
       (G) Publication.--Upon certification by the Commission to 
     the Secretary that those listed on the roll meet the 
     definition of qualified Native Hawaiian constituent set forth 
     in section 3, the Commission shall publish the notice of the 
     certification of the roll in the Federal Register, 
     notwithstanding pending appeals pursuant to subparagraph (H).
       (H) Appeal.--The Secretary, in consultation with the 
     Commission, shall establish a mechanism for an administrative 
     appeal for

[[Page 4654]]

     any person whose name is excluded from the roll who claims to 
     meet the definition of qualified Native Hawaiian constituent 
     in section 3.
       (I) Publication; update.--The Commission shall--
       (i) publish the notice of the certification of the roll 
     regardless of whether appeals are pending;
       (ii) update the roll and provide notice of the updated roll 
     on the final disposition of any appeal;
       (iii) update the roll to include any person who has been 
     certified by the Commission as meeting the definition of 
     qualified Native Hawaiian constituent in section 3 after the 
     initial publication of the roll or after any subsequent 
     publications of the roll; and
       (iv) provide a copy of the roll and any updated rolls to 
     the Council.
       (J) Effect of publication.--The publication of the initial 
     and updated roll shall serve as the basis for the eligibility 
     of qualified Native Hawaiian constituents whose names are 
     listed on those rolls to participate in the reorganization of 
     the Native Hawaiian governing entity.
       (2) Organization of council.--
       (A) Organization.--The Commission, in consultation with the 
     Secretary, shall hold a minimum of 3 meetings and each 
     meeting shall be at least 2 working days of the qualified 
     Native Hawaiian constituents listed on the roll established 
     under this section--
       (i) to develop criteria for candidates to be elected to 
     serve on the Council;
       (ii) to determine the structure of the Council, including 
     the number of Council members; and
       (iii) to elect members from individuals listed on the roll 
     established under this subsection to the Council.
       (B) Powers.--
       (i) In general.--The Council--

       (I) shall represent those listed on the roll established 
     under this section in the implementation of this Act; and
       (II) shall have no powers other than powers given to the 
     Council under this Act.

       (ii) Funding.--The Council may enter into a contract with, 
     or obtain a grant from, any Federal or State agency to carry 
     out clause (iii).
       (iii) Activities.--

       (I) In general.--The Council shall conduct, among the 
     qualified Native Hawaiian constituents listed on the roll 
     established under this subsection, a referendum for the 
     purpose of determining the proposed elements of the organic 
     governing documents of the Native Hawaiian governing entity, 
     including but not limited to--

       (aa) the proposed criteria for future membership in the 
     Native Hawaiian governing entity;
       (bb) the proposed powers and authorities to be exercised by 
     the Native Hawaiian governing entity, as well as the proposed 
     privileges and immunities of the Native Hawaiian governing 
     entity;
       (cc) the proposed civil rights and protection of the rights 
     of the citizens of the Native Hawaiian governing entity and 
     all persons affected by the exercise of governmental powers 
     and authorities of the Native Hawaiian governing entity; and
       (dd) other issues determined appropriate by the Council.

       (II) Development of organic governing documents.--Based on 
     the referendum, the Council shall develop proposed organic 
     governing documents for the Native Hawaiian governing entity 
     and may seek technical assistance from the Secretary on the 
     draft organic governing documents to ensure that the draft 
     organic governing documents comply with this Act and other 
     Federal law.
       (III) Distribution.--The Council shall publish to all 
     qualified Native Hawaiian constituents of the Native Hawaiian 
     governing entity listed on the roll published under this 
     subsection notice of the availability of--

       (aa) a copy of the proposed organic governing documents, as 
     drafted by the Council; and
       (bb) a brief impartial description of the proposed organic 
     governing documents;

       (IV) Elections.--

       (aa) In general.--Not sooner than 180 days after the 
     proposed organic governing documents are drafted and 
     distributed, the Council, with the assistance of the 
     Secretary, shall hold elections for the purpose of ratifying 
     the proposed organic governing documents.
       (bb) Purpose.--The Council, with the assistance of the 
     Secretary, shall hold the election for the purpose of 
     ratifying the proposed organic governing documents 60 days 
     after publishing notice of an election.
       (cc) Officers.--On certification of the organic governing 
     documents by the Secretary in accordance with paragraph (4), 
     the Council, with the assistance of the Secretary, shall hold 
     elections of the officers of the Native Hawaiian governing 
     entity pursuant to paragraph (5).
       (3) Submittal of organic governing documents.--Following 
     the reorganization of the Native Hawaiian governing entity 
     and the adoption of organic governing documents, the Council 
     shall submit the organic governing documents of the Native 
     Hawaiian governing entity to the Secretary.
       (4) Certifications.--
       (A) In general.--Within the context of the future 
     negotiations to be conducted under the authority of section 
     9(b)(1), and the subsequent actions by the Congress and the 
     State of Hawaii to enact legislation to implement the 
     agreements of the 3 governments, not later than 180 days, 
     which may be extended an additional 90 days if the Secretary 
     deems necessary, after the date on which the Council submits 
     the organic governing documents to the Secretary, the 
     Secretary shall certify or decline to certify that the 
     organic governing documents--
       (i) establish the criteria for membership in the Native 
     Hawaiian governing entity;
       (ii) were adopted by a majority vote of those qualified 
     Native Hawaiian constituents whose names are listed on the 
     roll published by the Secretary and who voted in the 
     election;
       (iii) provide authority for the Native Hawaiian governing 
     entity to negotiate with Federal, State, and local 
     governments, and other entities;
       (iv) provide for the exercise of inherent and other 
     appropriate governmental authorities by the Native Hawaiian 
     governing entity;
       (v) prevent the sale, disposition, lease, or encumbrance of 
     lands, interests in lands, or other assets of the Native 
     Hawaiian governing entity without the consent of the Native 
     Hawaiian governing entity;
       (vi) provide for the protection of the civil rights of the 
     citizens of the Native Hawaiian governing entity and all 
     persons affected by the exercise of governmental powers and 
     authorities by the Native Hawaiian governing entity; and
       (vii) are consistent with applicable Federal law.
       (B) Resubmission in case of noncompliance.--
       (i) Resubmission by the secretary.--If the Secretary 
     determines that the organic governing documents, or any part 
     of the documents, do not meet all of the requirements set 
     forth in subparagraph (A), the Secretary shall resubmit the 
     organic governing documents to the Council, along with a 
     justification for each of the Secretary's findings as to why 
     the provisions are not in full compliance.
       (ii) Amendment and resubmission of organic governing 
     documents.--If the organic governing documents are 
     resubmitted to the Council by the Secretary under clause (i), 
     the Council shall--

       (I) amend the organic governing documents to ensure that 
     the documents meet all the requirements set forth in 
     subparagraph (A); and
       (II) resubmit the amended organic governing documents to 
     the Secretary for certification in accordance with this 
     paragraph.

       (C) Certifications deemed made.--The certifications under 
     this paragraph shall be deemed to have been made if the 
     Secretary has not acted within 180 days after the date on 
     which the Council has submitted the organic governing 
     documents of the Native Hawaiian governing entity to the 
     Secretary.
       (5) Elections.--On completion of the certifications by the 
     Secretary under paragraph (4), the Council, with the 
     assistance of the Secretary, shall hold elections of the 
     officers of the Native Hawaiian governing entity.
       (6) Provision of roll.--The Council shall provide a copy of 
     the roll of qualified Native Hawaiian constituents to the 
     governing body of the Native Hawaiian governing entity.
       (7) Termination.--The Council shall cease to exist and 
     shall have no power or authority under this Act after the 
     officers of the governing body who are elected as provided in 
     paragraph (5) are installed.
       (8) Reaffirmation.--Notwithstanding any other provision of 
     law, the special political and legal relationship between the 
     United States and the Native Hawaiian people is hereby 
     reaffirmed and the United States extends Federal recognition 
     to the Native Hawaiian governing entity as the representative 
     sovereign governing body of the Native Hawaiian people 
     after--
       (A) the approval of the organic governing documents by the 
     Secretary under subparagraph (A) or (C) of paragraph (4); and
       (B) the officers of the Native Hawaiian governing entity 
     elected under paragraph (5) have been installed.

     SEC. 9. REAFFIRMATION OF DELEGATION OF FEDERAL AUTHORITY TO 
                   STATE OF HAWAII; NEGOTIATIONS; CLAIMS.

       (a) Reaffirmation.--The delegation by the United States of 
     authority to the State of Hawaii to address the conditions of 
     the indigenous, native people of Hawaii contained in the Act 
     entitled ``An Act to provide for the admission of the State 
     of Hawaii into the Union'', approved March 18, 1959 (Public 
     Law 86-3; 73 Stat. 4), is reaffirmed.
       (b) Negotiations.--
       (1) In general.--Upon the reaffirmation of the special 
     political and legal relationship between the United States 
     and the Native Hawaiian governing entity, the United States 
     and the State of Hawaii may enter into negotiations with the 
     Native Hawaiian governing entity designed to lead to an 
     agreement or agreements addressing such matters as--
       (A) the transfer of State of Hawaii lands and surplus 
     Federal lands, natural resources, and other assets, and the 
     protection of existing rights related to such lands or 
     resources;
       (B) the exercise of governmental authority over any 
     transferred lands, natural resources, and other assets, 
     including land use;

[[Page 4655]]

       (C) the exercise of civil and criminal jurisdiction;
       (D) the exercise of other powers and authorities that are 
     recognized by the United States as powers and authorities 
     typically exercised by governments representing indigenous, 
     native people of the United States;
       (E) any residual responsibilities of the United States and 
     the State of Hawaii; and
       (F) grievances regarding assertions of historical wrongs 
     committed against Native Hawaiians by the United States or by 
     the State of Hawaii.
       (2) Amendments to existing laws.--Upon agreement on any 
     matter or matters negotiated with the United States or the 
     State of Hawaii, and the Native Hawaiian governing entity, 
     the parties may submit--
       (A) to the Committee on Indian Affairs of the Senate, the 
     Committee on Energy and Natural Resources of the Senate, and 
     the Committee on Natural Resources of the House of 
     Representatives recommendations for proposed amendments to 
     Federal law that will enable the implementation of agreements 
     reached between the governments; and
       (B) to the Governor and the legislature of the State of 
     Hawaii, recommendations for proposed amendments to State law 
     that will enable the implementation of agreements reached 
     between the governments.
       (3) Governmental authority and power.--The Native Hawaiian 
     governing entity shall be vested with the inherent powers and 
     privileges of self-government of a native government under 
     existing law, except as set forth in section 10(a). Said 
     powers and privileges may be modified by agreement between 
     the Native Hawaiian governing entity, the United States, and 
     the State pursuant to paragraph (1), subject to the limit 
     described by section 10(a). Unless so agreed, nothing in this 
     Act shall preempt Federal or State authority over Native 
     Hawaiians or their property under existing law or authorize 
     the State to tax or regulate the Native Hawaiian governing 
     entity.
       (4) Membership.--Once the United States extends Federal 
     recognition to the Native Hawaiian governing entity, the 
     United States will recognize and affirm the Native Hawaiian 
     governing entity's inherent power and authority to determine 
     its own membership criteria, to determine its own membership, 
     and to grant, deny, revoke, or qualify membership without 
     regard to whether any person was or was not deemed to be a 
     qualified Native Hawaiian constituent under this Act.
       (c) Claims.--Nothing in this Act--
       (1) alters existing law, including case law, regarding 
     obligations of the United States or the State of Hawaii 
     relating to events or actions that occurred prior to 
     recognition of the Native Hawaiian governing entity;
       (2) creates, enlarges, revives, modifies, diminishes, 
     extinguishes, waives, or otherwise alters any claim or cause 
     of action against the United States or its officers or the 
     State of Hawaii or its officers, or any defense (including 
     the defense of statute of limitations) to any such claim or 
     cause of action; or
       (3) amends section 2409a of title 28, United States Code 
     (commonly known as the ``Quiet Title Act''), chapter 171 of 
     title 28, United States Code (commonly known as the ``Federal 
     Tort Claims Act''), section 1491 of title 28, United States 
     Code (commonly known as the ``Tucker Act''), section 1505 of 
     title 28, United States Code (commonly known as the ``Indian 
     Tucker Act''), the Hawaii Organic Act (31 Stat. 141), or any 
     other Federal statute, except as expressly amended by this 
     Act.

     SEC. 10. APPLICABILITY OF CERTAIN FEDERAL LAWS.

       (a) Indian Gaming Regulatory Act.--
       (1) In general.--The Native Hawaiian governing entity and 
     Native Hawaiians may not conduct gaming activities as a 
     matter of claimed inherent authority or under the authority 
     of any Federal law, including the Indian Gaming Regulatory 
     Act (25 U.S.C. 2701 et seq.) or under any regulations 
     thereunder promulgated by the Secretary or the National 
     Indian Gaming Commission.
       (2) Applicability.--The prohibition contained in paragraph 
     (1) regarding the use of Indian Gaming Regulatory Act (25 
     U.S.C. 2701 et seq.) and inherent authority to game applies 
     regardless of whether gaming by Native Hawaiians or the 
     Native Hawaiian governing entity would be located on land 
     within the State of Hawaii or within any other State or 
     territory of the United States.
       (b) Single Governing Entity.--This Act will result in the 
     recognition of the single Native Hawaiian governing entity. 
     Additional Native Hawaiian groups shall not be eligible for 
     acknowledgment pursuant to the Federal Acknowledgment Process 
     set forth in part 83 of title 25, Code of Federal 
     Regulations, or any other administrative acknowledgment or 
     recognition process.
       (c) Indian Civil Rights Act of 1968.--The Council and the 
     subsequent governing entity recognized under this Act shall 
     be an Indian tribe, as defined in section 201 of the Indian 
     Civil Rights Act of 1968 (25 U.S.C. 1301) for purposes of 
     sections 201 through 203 of that Act (25 U.S.C. 1301-1303).
       (d) Indian Programs, Services, and Laws.--
       (1) In general.--Notwithstanding any other provision of 
     this Act, nothing in this Act extends eligibility for any 
     Indian program or service to the Native Hawaiian governing 
     entity or its members unless a statute governing such a 
     program or service expressly provides that Native Hawaiians 
     or the Native Hawaiian governing entity is eligible for such 
     program or service. Nothing in this Act affects the 
     eligibility of any person for any program or service under 
     any statute or law in effect before the date of enactment of 
     this Act.
       (2) Applicability of other terms.--In Federal statutes or 
     regulations in force prior to the United States' recognition 
     of the Native Hawaiian governing entity, the terms ``Indian'' 
     and ``Native American'', and references to Indian tribes, 
     bands, nations, pueblos, villages, or other organized groups 
     or communities, shall not apply to the Native Hawaiian 
     governing entity or its members, unless the Federal statute 
     or regulation expressly applies to Native Hawaiians or the 
     Native Hawaiian governing entity.
       (e) Real Property Transfers.--Section 2116 of the Revised 
     Statutes (commonly known as the ``Indian Trade and 
     Intercourse Act'') (25 U.S.C. 177) does not apply to any 
     purchase, grant, lease, or other conveyance of lands, or of 
     any title or claim thereto, from Native Hawaiians, Native 
     Hawaiian entities, or the Kingdom of Hawaii that occurred 
     prior to the date of the United States' recognition of the 
     Native Hawaiian governing entity.

     SEC. 11. SEVERABILITY.

       If any section or provision of this Act is held invalid, it 
     is the intent of Congress that the remaining sections or 
     provisions shall continue in full force and effect.

     SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.
                                 ______
                                 
      By Mr. AKAKA (for himself, Mr. Conrad, Mr. Franken, Mr. Inouye, 
        Mr. Johnson of South Dakota, Mr. Kerry, Mr. Tester, and Mr. 
        Udall of New Mexico):
  S. 676. A bill to amend the Act of June 18, 1934, to reaffirm the 
authority of the Secretary of the Interior to take land into trust for 
Indian tribes; to the Committee on Indian Affairs.
  Mr. AKAKA. Mr. President, I rise today to introduce a technical 
amendment to the Act of June 18, 1934, the Indian Reorganization Act.
  Trust land is essential to a tribe's ability to exercise their 
inherent sovereignty. It allows Tribal Nations to protect their 
historic, cultural and religious ties to the lands where their 
ancestors lived. Trust lands are also vital to tribal economic 
development and self-government as tribes provide a wide range of 
governmental services to their members including, running schools, 
community centers, health clinics, law enforcement and numerous other 
social and governmental services.
  Federal Indian policy regarding tribal lands has not always been 
favorable to the Tribal governments and individuals. The General 
Allotment Act of 1887 led to land losses of more than 100 million acres 
of tribal homelands. Those land losses had a devastating effect on the 
tribal communities, institutions and economies that relied on their 
homelands. Seeking to address the consequences of that ill-advised 
policy, Congress enacted the Indian Reorganization Act in 1934.
  This act was intended to reverse the prior federal policy of 
allotment. By passing the Indian Reorganization Act, Congress 
recognized that a land base was essential for the economic advancement 
and self-support of Indian communities. The IRA allowed tribes to 
restore their homelands and to rehabilitate their economies and 
communities. Restoration of land to tribal ownership was central to the 
overall purposes of the Indian Reorganization Act.
  Unfortunately, a recent Supreme Court decision has brought 
uncertainty to 75 years interpretation regarding trust land acquisition 
under the Indian Reorganization Act. On February 24, 2009, the Supreme 
Court issued its decision in the Carcieri v. Salazar case. In that 
decision the Supreme Court held that the Secretary of the Interior 
exceeded his authority in taking land into trust for a tribe that was 
not under Federal jurisdiction at the time the Indian Reorganization 
Act was enacted in 1934. The Supreme Court decided that the act only 
applied to tribes who were ``under federal jurisdiction'' when it was 
passed in 1934.
  The legislation I am introducing today is necessary to clarify the 
continuing authority of the Secretary of

[[Page 4656]]

the Interior, under the Indian Reorganization Act of 1934, to take land 
into trust for all Indian tribes that are federally recognized on the 
date the land is placed into trust. The legislation also ratifies the 
prior trust acquisitions of the Secretary, who for the past 75 years 
has been exercising his authority to take lands into trust, as intended 
by the Indian Reorganization Act.
  Inaction by Congress on the Carcieri decision will create two classes 
of tribes--those who are considered ``under federal jurisdiction'' and 
can have lands taken into trust and those who cannot. Creating two 
classes of tribes is unacceptable and runs counter to federal Indian 
policy, the Indian Reorganization Act, and subsequent Congressional 
Acts intended to ensure that all tribes are treated equally and have 
the same sovereign rights. The decision will also significantly impact 
planned development projects on Indian trust lands, such as housing, 
schools, community, and health centers, and result in a loss of jobs in 
an already challenging economic environment.
  I want to thank Senators Conrad, Franken, Inouye, Johnson, Kerry, 
Tester and Udall for their support on this critical legislation. My 
cosponsors are well aware of the negative impact this decision has 
already had, and would continue to have on our Native American 
communities. Affected tribes deserve our timely consideration of this 
bill. I urge my colleagues to join me in supporting the passage of 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. 676

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

     SECTION 1. MODIFICATION OF DEFINITION.

       (a) Modification.--
       (1) In general.--The first sentence of section 19 of the 
     Act of June 18, 1934 (commonly known as the ``Indian 
     Reorganization Act'') (25 U.S.C. 479), is amended--
       (A) by striking ``The term'' and inserting ``Effective 
     beginning on June 18, 1934, the term''; and
       (B) by striking ``any recognized Indian tribe now under 
     Federal jurisdiction'' and inserting ``any federally 
     recognized Indian tribe''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect as if included in the Act of June 18, 1934 
     (commonly known as the ``Indian Reorganization Act'') (25 
     U.S.C. 479), on the date of enactment of that Act.
       (b) Ratification and Confirmation of Prior Actions.--Any 
     action taken by the Secretary of the Interior pursuant to the 
     Act of June 18, 1934, (commonly known as the ``Indian 
     Reorganization Act'') (25 U.S.C. 461 et seq.) for any Indian 
     tribe that was federally recognized on the date of that 
     action is ratified and confirmed, to the extent that the 
     action is challenged based on the question of whether the 
     Indian tribe was federally recognized or under Federal 
     jurisdiction on June 18, 1934, as if the action had, by prior 
     act of Congress, been specifically authorized and directed.
       (c) Effect on Other Laws.--
       (1) In general.--Nothing in this Act or the amendments made 
     by this Act affects--
       (A) the application or effect of any Federal law other than 
     the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (as amended 
     by subsection (a)); or
       (B) any limitation on the authority of the Secretary of the 
     Interior under any Federal law or regulation other than the 
     Act of June 18, 1934 (25 U.S.C. 461 et seq.) (as so amended).
       (2) References in other laws.--An express reference to the 
     Act of June 18, 1934 (25 U.S.C. 461 et seq.) contained in any 
     other Federal law shall be considered to be a reference to 
     that Act as amended by subsection (a).
                                 ______
                                 
      By Mr. KOHL (for himself, Mr. Whitehouse, and Mr. Coons):
  S. 678. A bill to increase the penalties for economic espionage; to 
the Committee on the Judiciary.
  Mr. KOHL. Mr. President, the ability of American companies to out 
innovate and better compete with their global competitors is more 
important today than ever. Yet, the FBI estimates that U.S. companies 
lose billions of dollars each year to criminals who steal their trade 
secrets--their innovative ideas, formulas, designs and other 
proprietary information. For example, last year, a Chinese national 
working for an American automobile manufacturer was convicted of 
stealing trade secrets for a Chinese competitor. His actions were 
estimated to cost the American company between $50 and $100 million.
  That is why I rise today with Senators Whitehouse and Coons to 
introduce the Economic Espionage Penalty Enhancement Act of 2011. This 
bill is simple and straightforward--it increases the maximum penalties 
for stealing a trade secret to benefit a foreign company. The measures 
in this bill were recommended to Congress by the U.S. Intellectual 
Property Enforcement Coordinator, in conjunction with the Departments 
of Commerce, Homeland Security, Justice and State, and the U.S. Trade 
Representative. The Economic Espionage Act Penalty Enhancement Act, 
while a modest bill, is intended to be a starting point for a larger 
discussion about the implementation of the Economic Espionage Act, EEA, 
and whether additional updates and improvements are needed in light of 
the global economy and advances in technology.
  In 1996, Congress enacted the EEA, making it a federal crime to steal 
a trade secret. Nearly fifteen years later, trade secret theft and 
economic espionage continue to pose a threat to U.S. companies to the 
tune of billions of dollars a year. As we reexamine the law, we will be 
looking at how we can help prosecutors bring more of these criminals to 
justice and companies better protect their trade secrets. Among the 
issues we will look at are whether additional protections are needed 
for trade secrets as part of EEA prosecutions, whether whistleblower 
protections should be added, and whether we need a federal civil 
private right of action.
  Businesses spend every resource at their disposal to develop 
proprietary economic information including their customer lists, 
pricing schedules, business agreements, and manufacturing processes, to 
name a few. This information is literally a business's lifeblood. 
Stealing it can be the death knell for a company. The chief executive 
of GM recently said that industrial espionage is a major threat to the 
company and that he worries about it ``every day.'' But these thefts 
have a much greater impact beyond the American company that falls 
victim to an economic spy. The economic strength, competitiveness, and 
security of our country rely upon the ability of industry to compete 
without unfair interference from foreign governments and from their own 
domestic competitors. Without freedom from economic sabotage, our 
companies lose their hard-earned advantages and their competitive edge.
  This problem is not new, but it has grown and evolved in the fifteen 
years since the Economic Espionage Act became law. U.S. corporations 
face intense competition at home and abroad. As much as 80 percent of 
the assets of today's companies are intangible trade secrets. They must 
be able to protect their trade secrets to remain competitive and keep 
our economy strong. Advances in technology make the protection of trade 
secrets more difficult and more critical than ever. Trade secrets can 
simply be downloaded from a company's computer, uploaded to the 
Internet, and transferred anywhere in the world in a matter of minutes. 
Within a matter of days, a U.S. corporation can lose complete control 
over its trade secrets. Unfortunately, we have many examples of the 
risk and harm posed by economic espionage. In 2009, a Chinese-born 
engineer who had been employed by a leading aerospace company was 
convicted of economic espionage and sentenced to fifteen years in 
prison for collecting sensitive information about the U.S. space 
shuttle that he intended to share with the Chinese government. Prior to 
his sentencing, the district court judge said that although we do not 
know how much information he shared with China, we do know that he hurt 
not only his former employer but also the national security of the 
United States.
  Domestic economic espionage, known as industrial espionage, can be 
just as threatening to American companies. For example, just this month 
a former computer programmer for a Wall Street bank was sentenced to 
eight years in prison for stealing secret code

[[Page 4657]]

used in the bank's valuable high-frequency trading system. The trading 
system earned the bank $300 million in 2009 alone. He took a job at a 
startup company that was planning to directly compete with the Wall 
Street bank, and gave that company the stolen code.
  In my home State of Wisconsin a disgruntled employee of a company 
that manufactures aftermarket airplane parts was prosecuted under the 
economic espionage statute and sentenced to thirty months in prison for 
attempting to sell trade secrets to competitors. The trade secret--
details and measurements of particular airplane parts--took years and 
hundreds of thousands of dollars for the manufacturer to create, test 
and gain Federal Aviation Administration approval. Fortunately, the 
perpetrator was caught before he sold the trade secrets, but had he 
been successful the manufacturer would likely have been forced out of 
business.
  The examples above illustrate the seriousness of these crimes. The 
legislation that we introduce today will increase the maximum sentence 
for economic espionage from 15 years to 20 years and to direct the 
Sentencing Commission to consider increasing the penalty range for 
theft of trade secrets and economic espionage. This is a first step in 
our efforts to do more to stem the flow of valuable business 
information out of our country. We must definitively punish anyone who 
steals information from American companies. Over the coming months, 
this measure will provide a framework for our discussions about how we 
can do more to solve this problem. I look forward to working with my 
colleagues on this critical problem.
  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. 678

       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 ``Economic Espionage Penalty 
     Enhancement Act''.

     SEC. 2. AMENDMENT TO TITLE 18.

       Section 1831(a) of title 18, United States Code, is amended 
     by striking ``15 years'' and inserting ``20 years''.

     SEC. 3. DIRECTIVE TO SENTENCING COMMISSION.

       Pursuant to its authority under section 994(p) of title 28, 
     United States Code, the United States Sentencing Commission 
     shall--
       (1) review its guidelines and policy relating to a two-
     level enhancement for economic espionage; and
       (2) as a part of such review consider amending such 
     guidelines to--
       (A) apply the two-level enhancement to the simple 
     misappropriation of a trade secret;
       (B) apply an additional two-level enhancement if the 
     defendant transmits or attempts to transmit the stolen trade 
     secret outside of the United States and an additional three-
     level enhancement if the defendant instead commits economic 
     espionage (i.e., he/she knew or intended that the offense 
     would benefit a foreign government, foreign instrumentality, 
     or foreign agent); and
       (C) provide when a defendant transmits trade secrets 
     outside of the United States or commits economic espionage, 
     that the defendant should face a minimum offense level.
                                 ______
                                 
      By Mr. SCHUMER (for himself, Mr. Alexander, Mr. Reid, Mr. 
        McConnell, Mr. Lieberman, Ms. Collins, Mr. Brown of 
        Massachusetts, Mr. Bingaman, Mr. Blumenthal, Mr. Durbin, Mr. 
        Johanns, Mr. Lugar, Mr. Reed, Mr. Whitehouse, Mr. Carper, and 
        Mr. Kyl):
  S. 679. A bill to reduce the number of executive positions subject to 
Senate confirmation; to the Committee on Homeland Security and 
Governmental Affairs.
  Mr. ALEXANDER. Mr. President, the Senator from New York and I are on 
the Senate floor today to introduce legislation that will help make the 
Senate a more effective place to deal with the big issues facing our 
country, such as the debt, our national defense, and other issues.
  This is the result of discussions we have had over the last several 
months with many Members of the Senate on both sides of the aisle. It 
began with some reforms in Senate rules, which included eliminating the 
so-called secret hold and doing other steps. It is the culmination of 
work by a number of Senators on both sides of the aisle--including 
Senator Lieberman; Senator Collins; the leaders, Senator Reid and 
Senator McConnell, when they were whips; Senator Schumer and I; and 
others. We had bipartisan breakfasts on these reforms a couple years 
ago, and it came down to the questions: How many confirmations should 
the Senate have? How many confirmations are enough confirmations? Is it 
in the public interest to allow a new President, whether Democratic or 
Republican, to staff the government promptly? And is it in the public 
interest to get rid of this syndrome that is established in Washington, 
which I call ``innocent until nominated,'' where we invite a 
distinguished person to come in and run that person through a gauntlet 
that makes him or her out to be a criminal for making some mistake in 
the process of being confirmed?
  We have worked together, and we have come up with legislation that 
Senator Schumer is introducing on behalf of both of us--on behalf of 
the leaders, Senator Reid and Senator McConnell, and on behalf of 
Senator Lieberman and Senator Collins.
  This legislation would answer the question, how many confirmations 
are enough confirmations, by reducing or streamlining the nomination 
process for about 450 nominees--out of a total of about 1,400 
nominations. Over 1,000 Senate confirmed nominations will remain 
unchanged. Just to put that into perspective, that is still more 
confirmations than existed when President Clinton was President of the 
United States. It is almost four times as many confirmations as existed 
when President Kennedy was President of the United States. In other 
words, like many things in government, the number of confirmations has 
grown over time.
  We have ended up confirming people we have no business confirming--
people who are public relations officers, people who are financial 
information people--and we have made it difficult for the government to 
be staffed.
  Is it in our interest, and the citizens', to staff the government 
promptly? Yes, I think it is. We have created this phenomenon where 
Administrations are slow to get staffed up. For example, when President 
Obama came in, Secretary Geithner, the Treasury Secretary, was sitting 
over at Treasury almost home alone during the middle of the worst 
recession since the Great Depression. According to news accounts, he 
did not have much help. The key vacant positions in Treasury were 
Assistant Secretary for Tax Policy, the Deputy Assistant Secretary for 
Tax Policy, the Deputy Assistant Secretary for Tax Analysis, Deputy 
Assistant Secretary for Tax, Trade, and Tariff Policy, and a variety of 
others. That situation was not helping any of us. Whether we agreed 
with President Obama or Secretary Geithner or not, after an election a 
President should be able to promptly staff the government, and we in 
the Senate should have procedures to give us a chance to review those 
nominees and offer our advice and consent and confirm or reject those 
nominees in a reasonable period of time.
  If we are spending our time dealing with junior officials or PR 
officers, we are spending less time dealing with the Assistant 
Secretary for Tax Policy, on whom we should be focusing a lot of time, 
and to whom we should be asking a lot of questions.
  Then, there is this business of what I call ``innocent until 
nominated''--all of us know this exists. It really exists by sloppiness 
on our part, both in the legislative branch and the executive branch. 
If you are asked to serve in the Federal Government--and I know this 
because I was asked by the first President Bush--you fill out forms. 
Well, there are many forms. There are many forms in the executive 
branch. They have different definitions; for example, the definition of 
``income.'' If you were to carelessly fill out the same definition of 
``income'' on one form as another form, you might have been incorrect 
on one of the forms, and then someone might say you were telling a lie 
and were not fit to serve. That has been called by others, including 
me, as being ``innocent until nominated.''

[[Page 4658]]

  I remember when Ron Kirk, the former mayor of Dallas, was nominated 
by President Obama to be the Trade Representative. There was some issue 
about whether he had properly reported a speech fee he gave to charity. 
What difference did it make in terms of his overall fitness to serve? 
It held him up. It embarrassed him. It was not relevant to the inquiry.
  So the legislation we have will do the following: It proposes 
eliminating the need for Senate confirmation or streamlining over 450 
positions. About 200 of these nominations will be eliminated as Senate 
confirmations. These are the ones the Senate does not need to spend 
time on. The other half will come directly to the desk. Then, unless an 
individual Senator says: Send it on to committee to go through the 
regular order, it will be expedited. That still leaves us with 1,000 
Senate confirmations that we can have--1,000 hostages we can take. That 
is more hostages than we could take under Bill Clinton. That is almost 
four times as many hostages than the Senate could take under President 
Kennedy. That ought to be plenty of hostages for any Senator to make 
his or her point if that is what we seek to do.
  Second, the legislation would set up a process whereby an executive 
branch working group would review the various forms that nominees are 
expected to fill out, and try to have a single smart form in the 
executive branch. The working group will consult with committees of 
Congress. It might make sense to see if we can do the same thing with 
our forms, and make it possible that we can get all the information we 
want without unnecessarily subjecting nominees to harassment or 
trickery just because they are not wise enough to fill out different 
forms with different definitions.
  I think this is a substantial step forward. It may not sound like 
much to those watching the Senate, but let me just say that both of our 
leaders, Reid and McConnell, have said they tried this and could not 
get it done. Senator Lieberman and Senator Collins have tried, and they 
could not get it done. I worked with Senator Lieberman 2 years ago and 
we could not get it done.
  What has happened this time is a result of the discussion we had 
earlier in the year about making the Senate a more effective place to 
work--with the full support of the leaders, Reid and McConnell; with 
the full support of Senator Lieberman and Senator Collins; and with the 
good work of Senator Schumer. We have come up with a consensus piece of 
legislation which has broad bipartisan support from both sides of the 
aisle, including chairmen and ranking members of the committees you 
would think might be the first ones to object. This legislation would 
still leave the Senate with the prerogatives it ought to have in terms 
of reviewing Presidential nominees and separates out those who take our 
time away from the more important things we ought to be doing.
  I thank the Senator from New York for the way he has worked on this 
issue. He has been constructive and direct and helpful. I thank the 
leaders for their support. I hope the committees will rapidly consider 
the legislation Senator Schumer is introducing on our behalf, and I 
hope it will show we can take another small step in making the Senate a 
more effective place to work.
  Mr. President, I ask unanimous consent to have printed in the Record 
a document entitled ``List of Presidential Appointments No Longer 
Requiring Senate Confirmation''--there are about 200 of those--and a 
document entitled ``Privileged Nominations.'' Those are the ones that 
will be expedited, unless a single Senator decides he or she wants to 
have this nominee sent to committee, and that is about another 240.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

     List of Presidential Appointments No Longer Requiring Senate 
                              Confirmation

       Agriculture (11): Assistant Secretary for Congressional 
     Relations, Department of Agriculture; Chief Financial 
     Officer, Department of Agriculture; Assistant Secretary for 
     Administration, Department of Agriculture; Rural Utilities 
     Service Administrator; Directors (7), Commodity Credit 
     Corporation.
       Armed Services (12): Assistant Secretary of Defense 
     (Networks and Information Integration); Assistant Secretary 
     of Defense (Public Affairs); Assistant Secretary of Defense 
     (Legislative Affairs); Assistant Secretary of the Air Force 
     (Comptroller); Assistant Secretary of the Army (Comptroller); 
     Assistant Secretary of Navy (Comptroller); Members (6), 
     National Security Education Board.
       Banking (8): Assistant Secretary for Administration, Human 
     Capital Officer, HUD; Chief Financial Officer, HUD; Assistant 
     Secretary for Congressional and Intergovernmental Relations, 
     HUD; Assistant Secretary for Public Affairs, HUD; Director of 
     the Mint, Department of the Treasury; Members (2), Council of 
     Economic Advisers; Administrator, Community Development 
     Financial Institution Fund.
       Budget (0).
       Commerce (14 regular positions and 319 NOAA Officer Corps 
     positions): Assistant Secretary for Legislative Affairs, 
     Department of Commerce; Assistant Secretary for 
     Administration and Chief Financial Officer, Department of 
     Commerce; Assistant Secretary for Communication and 
     Information, Department of Commerce; Chief Scientist, NOAA; 
     Assistant Secretary for Budget and Programs--CFO, Department 
     of Transportation; Assistant Secretary for Government 
     Affairs, Department of Transportation; Deputy Administrator, 
     Federal Aviation Administration (FAA); Chief Financial 
     Officer, NASA; Associate Director, Office of Science and 
     Technology Policy; Associate Director, Office of Science and 
     Technology Policy; Associate Director, Science, Office of 
     Science and Technology Policy; Associate Director, 
     Technology, Office of Science and Technology Policy; 
     Administrator, St. Lawrence Seaway Development Corporation; 
     Federal Coordinator, Alaska Natural Gas Transportation 
     Project; Officer Corps of NOAA (319 additional positions).
       Energy (2): Chief Financial Officer, Department of Energy; 
     Assistant Secretary for Congressional and Intergovernmental 
     Affairs, Department of Energy.
       Environment and Public Works (9): Alternate Federal Co-
     Chairman, Appalachian Regional Commission; Chief Financial 
     Officer, EPA; Commissioners (7), Mississippi River 
     Corporation.
       Finance (4): Deputy Under Secretary/Assistant Secretary for 
     Legislative Affairs, Department of Treasury; Assistant 
     Secretary for Public Affairs and Director of Policy Planning, 
     Department of Treasury; Assistant Secretary for Management 
     and Chief Financial Officer, Department of Treasury; 
     Treasurer of the United States.
       Foreign Relations (14): Assistant Secretary for Legislative 
     and Intergovernmental Affairs, Department of State; Assistant 
     Secretary for Public Affairs, Department of State; Assistant 
     Secretary for Administration, Department of State; Chief 
     Financial Officer, Department of State; Assistant 
     Administrator for Legislative and Public Affairs, USAID; 
     Assistant Administrator for Management, USAID; Governor, 
     African Development Bank; Alternate Governor, African 
     Development Bank; Governor, Asian Development Bank; Alternate 
     Governor, Asian Development Bank; Governor, International 
     Monetary Fund and International Bank for Reconstruction and 
     Development; Alternate Governor, International Monetary Fund 
     and International Bank for Reconstruction and Development; 
     Governor, African Development Fund; Alternate Governor, 
     African Development Fund.
       HELP (101 regular positions and 2,536 Public Health Service 
     Officer Corps positions): Chief Financial Officer, Department 
     of Education; Assistant Secretary for Management, Department 
     of Education; Assistant Secretary for Legislation and 
     Congressional Affairs, Department of Education; 
     Commissioner--Rehabilitation Services Administration; 
     Commissioner--Education Statistics; Assistant Secretary for 
     Resources and Technology/CFO, Department of HHS; Assistant 
     Secretary for Public Affairs, Department of HHS; Assistant 
     Secretary for Legislation, Department of HHS; Commissioner, 
     Administration for Children, Youth, Families; Commissioner, 
     Administration for Native Americans; Assistant Secretary for 
     Administration and Management, Department of Labor; Chief 
     Financial Officer, Department of Labor; Assistant Secretary 
     for Congressional Affairs, Department of Labor; Assistant 
     Secretary for Public Affairs, Department of Labor; Director 
     of the Women's Bureau, Department of Labor; Chairperson, 
     National Council on Disability; Vice Chairperson (2), 
     National Council on Disability; Members (12), National 
     Council on Disability; Members (24), National Science 
     Foundation; Managing Directors (2), Corporation on National 
     and Community Service; Members (15), National Board of 
     Education Sciences; Members (20), National Museum and Library 
     Services Board; Members (10), National Institute for Literary 
     Advisory Board; Public Health Services Corps (2,536 
     additional positions).
       HSGAC (6): Chief Financial Officer, Department of Homeland 
     Security; Controller, Office of Federal Financial Management, 
     OMB; Director, Office of Counternarcotics Enforcement, DHS; 
     Assistant Secretary for Health Affairs Chief Medical Officer, 
     DHS; Administrator, U.S. Fire Administration,

[[Page 4659]]

     Department of Homeland Security; Assistant Administrator, 
     Grants, FEMA.
       Indian Affairs (14): Commissioner, Navajo and Hopi 
     Relocation; Members (13), Board of Trustees, Institute of 
     American Indian and Alaska Native Culture.
       Intelligence (0).
       Judiciary (10): Assistant Attorney General--Legislative 
     Affairs, Department of Justice; Director, Bureau of Justice 
     Statistics; Director, Bureau of Justice Assistance; Director, 
     National Institute of Justice; Administrator, Office of 
     Juvenile Justice and Delinquency Prevention; Director, Office 
     for Victims of Crime; Deputy Director, National Drug Control 
     Policy; Deputy Director, Demand Reduction, National Drug 
     Control Policy; Deputy Director, State and Local Affairs, 
     National Drug Control Policy; Deputy Director, Supply 
     Reduction, National Drug Control Policy.
       Rules (0).
       Small Business (0).
       Veterans Affairs (5): Assistant Secretary for Management, 
     Department of Veterans Affairs; Assistant Secretary for Human 
     Resources and Administration, Department of Veterans Affairs; 
     Assistant Secretary for Public and Intergovernmental Affairs, 
     Department of Veterans Affairs; Assistant Secretary for 
     Congressional and Legislative Affairs, Department of Veterans 
     Affairs; Assistant Secretary for Information and Technology, 
     Department of Veterans Affairs.
       *Does not include NOAA Officer Corps and Public Health 
     Services Officer Corps.
                                  ____


                         Privileged Nominations

       Agriculture (5): Members (5), Board of Directors, Federal 
     Agricultural Mortgage.
       Armed Services (0).
       Banking (23): Members (15), Board of Directors, National 
     Institute of Building Sciences; Members (3), Board of 
     Directors, National Consumer Cooperative Bank; Directors (5), 
     Securities Investors Protection Corporations.
       Budget (0).
       Commerce (8): Members (3), Board of Directors, Metropolitan 
     Washington Airport Authority; Members (5), St. Lawrence 
     Seaway Development Corporation.
       Energy (0).
       Environment and Public Works (9): Members (9), Board of 
     Trustees, Morris K. Udall Scholarship and Excellence in 
     National; Environmental Policy Foundation.
       Finance (16): Member (7), IRS Oversight; Members (2), Board 
     of Trustees, Federal Hospital Insurance Trust Fund; Member 
     (2), Board of Trustees, Federal Old Age and Survivors Fund; 
     Members (2), Board of Trustees, Federal Supplemental 
     Insurance Trust Fund; Members (3), Social Secretary Advisory 
     Board.
       Foreign Relations (59): Chairman, Advisory Board for Cuba 
     Broadcasting; Members (8), Advisory Board for Cuba 
     Broadcasting; Members (4), Millennium Challenge Corporation 
     Board of Directors; Board Members (8), Overseas Private 
     Investment Corporation; Members (15), National Peace Corps 
     Advisory Council; Commissioners (7), Commission on Public 
     Diplomacy; Members (9), Board of Directors, Inter-American 
     Foundation; Members (7), Board of Directors, African 
     Development Foundation.
       HELP (104): Members (15), Corporation on National and 
     Community Service; Members (26), National Council on the 
     Humanities; Chairman, Board of Directors, US Institute of 
     Peace; Vice Chairman, Board of Directors, US Institute of 
     Peace; Members (10), Board of Directors, US Institute of 
     Peace; Members (8), Board of Trustees, Goldwater Scholarship; 
     Members (8), Board of Trustees, Truman Scholarship; Members 
     (6), Board of Trustees, Madison Fellowship; Members (11), 
     Board of Directors, Legal Services Corporation; Members (18), 
     National Council on the Arts.
       HSGAC (5): Members (5), Federal Retirement Thrift 
     Investment Board.
       Intelligence (0).
       Judiciary (13): Members (2), Foreign Claims Settlement 
     Commission; Members (11), Board of Directors, State Justice 
     Institute.
       Rules (0).
       Small Business (0).
       Veterans Affairs (0).

  Mr. ALEXANDER. I thank the Presiding Officer, and I notice that the 
Senator from New York is also on the Senate floor. I thank him for his 
work on this issue.
  The PRESIDING OFFICER. The Senator from New York.
  Mr. SCHUMER. Mr. President, first, I thank my colleague from 
Tennessee. He has been a great partner in this effort. In fact, I would 
say it was his impetus that brought us here. He had thought about this 
long and hard and worked on it previously. As usual, it has been a 
pleasure to work with Senator Alexander on the Rules Committee or 
anywhere else, and I thank him for spearheading this effort.
  I also want to thank the two leaders, Senator Reid, of course, my 
friend--and I am so proud to work under his leadership--and Senator 
McConnell. I have to say this: Senator McConnell and I have our 
differences, but on all of these issues of moving the Senate forward he 
has been operating in good faith, and his support of this legislation 
has allowed us to get here.
  Also, the committee chair, Senator Lieberman, as well as Ranking 
Member Collins, have been equal partners in this legislation, and it 
will go through their committee.
  Finally, I thank all the committee chairs. They have been very 
understanding of the need to do this. Obviously, committee chairs might 
say: I want to have before my committee every single person, but 
ultimately they have realized it slows down the Senate.
  While we are introducing the legislation today, a number of committee 
chairs on our side--probably with the consent of their ranking 
members--have come to me and said there might be other positions they 
want to add to the list. That would be a good idea. We have tried to be 
careful. We do not want to step on any toes or prerogatives. In the 
past, when this legislation was attempted, people said: Well, just, I 
don't want this one; I don't want that one. So we were fairly minimal. 
It will have a real effect on the Senate. It is close to one-third of 
the appointments. But there may be different committees that say: I 
don't need to approve this. In my committee, the committee on which I 
am the chair, the committee on which I am the ranking member, we do not 
need to approve these five or six more. Add them to your list.
  We would hope our committee chairs would do that before the bill is 
considered because it will be considered by Senator Lieberman's 
committee, and there they could make such additions.
  So let me say this about the process: One of the most important 
duties of the Senate is the constitutional advice-and-consent power. We 
were careful to balance this interest with the importance of making the 
confirmation process more efficient--not only for the benefit of the 
Senate but as well for the benefit of the administration, its agencies, 
and, as Senator Alexander so aptly pointed out, for those individuals 
who are nominated as well.
  The Senate was designed to be a thoughtful and deliberative body, but 
the confirmation process has often become dangerously close to being 
gridlocked. The American public is harmed when we are not able to get 
qualified people confirmed to positions in a timely manner. All of the 
positions covered in this proposal tend to be noncontroversial and more 
closely resemble appointments that are currently made without Senate 
approval.
  This legislation consists of a stand-alone bill, the Presidential 
Appointment Efficiency and Streamlining Act, and a resolution. Senator 
Alexander touched on the stand-alone bill, which will eliminate from 
Senate confirmation over 200 executive nomination positions and nearly 
3,000 additional officer corps positions. The resolution will create a 
standing order that will streamline approval of almost 250 part-time 
board members.
  We intend to move both of these pieces together in an effort to 
reform this process. Together, these two pieces will remove or 
streamline, as I mentioned, nearly one-third of currently confirmable 
Senate appointments.
  The act will remove the need for confirmation for several categories 
of positions, including legislative and public affairs positions, chief 
financial officers, information technology administrators, internal 
management and administrative positions, and deputies or non-policy-
related assistant secretaries who report to individuals who are Senate-
confirmed. Removing these positions from Senate confirmation will allow 
a new administration to be set up with more efficiency and speed, thus 
making government work better for the people.
  In addition, we have removed thousands of positions from the Public 
Health Service officers corps and the National Oceanic and Atmospheric 
Administration officer corps in the process. They are noncontroversial, 
and their removal will help prevent the possibility of further 
gridlock.
  This act will also create a working group--because this is a work in

[[Page 4660]]

progress, and Senator Alexander has been working on it longer than I 
have or most of us in this body--that will provide recommendations on 
the process to further streamline the appointment and confirmation 
process. The group will make recommendations to the President and the 
Senate about streamlining the paperwork process for nominees by 
creating a single, searchable, electronic ``smart form'' and will also 
conduct a review of the current background investigation requirements.
  Senators Lieberman and Collins held a hearing on the confirmations 
process last month in the Homeland Security and Governmental Affairs 
Committee, which will have jurisdiction over this piece of the package. 
The hearing was extremely helpful to our working group efforts and 
further highlighted the fact that our system of dealing with executive 
nominations needs reform.
  The resolution piece of the package will create a streamlined process 
for part-time positions on boards or commissions. A majority of these 
boards require political balance--a certain number of Democrats and a 
certain number of Republicans. We are doing this rather than 
eliminating Senate consideration in its entirety in order to ensure 
that these politically balanced boards remain bipartisan. This was 
actually a recommendation, I believe, by Senator McConnell, and I think 
it is an apt one.
  The resolution creates a standing order that will provide for an 
expedited process for this class of ``privileged nominations'' by 
creating new pages on the Executive Calendar. When the Senate receives 
a nomination from the President, it will be placed on a new section on 
the Executive Calendar called ``Privileged Nomination--Information 
Requested'' while the nominee submits paperwork to the committee of 
jurisdiction. When the chair of that committee certifies that all 
committee questionnaires have been received from the nominee, the 
nomination will be placed on the ``Privileged Nomination--Information 
Received'' section of the Executive Calendar.
  As Senator Alexander mentioned, after 10 session days, the nomination 
is placed on the full Executive Calendar and will await action by the 
full Senate, with the presumption that these positions will be passed 
by unanimous consent. So any single Senator can object, although we 
doubt in almost every case that any will.
  From the beginning of the process until the expiration of 10 session 
days, any Member can request on his or her own behalf or on behalf of 
any identified Member that the nomination be referred to committee. We 
think that incorporating this safeguard is in line with our elimination 
of secret holds earlier this year.
  The presumption for these part-time positions is, as I said, that 
they will be approved by unanimous consent and not be held up as part 
of other battles or leverage or whatever else.
  This resolution would come before the Rules Committee, which Senator 
Alexander and I lead, and we hope to take action on it very soon. We 
are confident this package will eliminate many of the delays in the 
current confirmation process. These delays are very detrimental to the 
efficient operation of government and to the efforts to recruit the 
most qualified people to these Federal jobs.
  The package we propose today is the first step in protecting the 
American people's interests in having a newly elected President move 
quickly and efficiently to set up a government.
  Before I yield the floor, I note that the Senator from New Mexico, 
Mr. Udall, in his impetus to reform the Senate, can claim some credit 
for this move as well.
  We are introducing this bipartisan legislation--Senator Alexander and 
myself, along with Senators Reid, McConnell, Collins, Lieberman, and I 
think about eight or nine other cosponsors as well--this afternoon.
  Mr. LIEBERMAN. Mr. President, I rise today in support of legislation 
offered by Senators Schumer and Alexander to streamline the nomination 
process so incoming Presidents can get their teams in place more 
quickly and put them to work doing the people's business.
  On August 5, 1789, the Senate took up and confirmed 102 executive 
nominations that had been sent up by President Washington just 2 days 
earlier--rejecting only one nominee.
  Our first President, in a letter to the Senate, complained about the 
one he didn't get. If the Senate ever doubted the fitness of one of his 
nominees it should--and I quote ``communicate that circumstance to me, 
and thereby avail yourselves of the information which led me to make 
them and which I would with pleasure lay before you.''
  Modern Presidents of both parties would sigh over this bit of history 
because nowadays the process by which a person is selected, vetted, 
nominated, and then considered and confirmed by the Senate has become--
in the words of one scholar--``nasty and brutish, without being 
short.''
  One hundred days into President Obama's administration, only 14 
percent of the Senate-confirmed positions in his administration had 
been filled. After 18 months, 25 percent of these positions were still 
vacant. This is not an aberration or anomaly. The timetables for 
putting in place a leadership team across the government has been 
pretty much the same each of the last three times there has been a 
change of occupant in the White House.
  We have known about this problem a long time, but failed to act.
  In 2001, the then Governmental Affairs Committee under former 
Chairman Fred Thompson, held hearings titled the State of the 
Presidential Appointment Process and recommended legislation, which did 
not pass.
  In 2003, a bipartisan commission headed by Paul Volker recommended 
ways to speed up the nominations process. That got nowhere.
  In 2004, the 9/11 Commission said the delays in getting a new 
government up and running actually pose a threat to our national 
security and in its report it also recommended ways to speed up the 
process.
  Well after years of talk, it may be that we now finally have 
bipartisan support for change, although as the saying goes: ``It ain't 
over til it's over.''
  In January, Majority Leader Reid and Minority Leader McConnell 
established a working group on executive nominations and appointed 
Senators Schumer and Alexander--chairman and ranking member, 
respectively, of the Rules Committee--to lead it.
  Senator Collins and I--as chairman and ranking member of the Homeland 
Security and Governmental Affairs Committee--have been part of this 
working group and the bill being introduced today has my full support.
  In fact, we held a hearing earlier this month on the need for 
nomination reform and the numbers showed just how compelling the case 
for reform is.
  A study by the Congressional Research Service says that delay occurs 
not so much at the Cabinet level positions. Presidents Reagan, George 
W. Bush, Clinton, and Obama all were able to get the vast majority of 
their nominees for Cabinet Secretaries in place on or shortly after 
Inauguration Day.
  Where the delay is most pronounced, according to CRS, is in the sub-
cabinet level positions. Under President Reagan, nominees averaged 114 
days from the President's election to final confirmation. Under 
Clinton, George W. Bush, and Obama those numbers jumped to 185, 198, 
and 195 respectively.
  Part of the problem is that the number of positions requiring 
confirmation has grown over time.
  When President Reagan took office, he had 295 key policy positions 
requiring confirmation. By the time President Obama was inaugurated, 
that number had grown to 422 key positions, plus another nearly 800 
lesser positions that also required Senate confirmation.
  These numbers do not include foreign service officers, or public 
health officials who also require Senate confirmation.
  The legislation Senators Schumer and Alexander are introducing 
recommends eliminating Senate confirmation for approximately 200 
presidential appointments to positions in the Executive Branch, 
including for legislative

[[Page 4661]]

and public affairs positions, chief information officers, and internal 
management positions at or below the Assistant Secretary level.
  This will free the Senate to concentrate on the more important 
policy-making nominees.
  The bill also calls for a working group to simplify, standardize and 
centralize the forms and documentation required by both the White House 
and Senate so a nominee isn't burdened with duplicative paperwork and 
information requests.
  Senators Schumer and Alexander are also introducing a standing order 
this morning that would streamline the confirmation process for 
approximately 200 other Presidential appointments that receive Senate 
confirmation. Under the standing order, some nominees to part-time 
boards and commissions could have their nominations expedited by being 
held at the desk for a certain number of days and then placed directly 
onto the Executive Calendar rather than being referred to a Senate 
committee. I would also like to express my support for the standing 
order.
  In the past, nominations reform legislation has stalled because of 
the perceived fears of some of our colleagues, particularly committee 
chairs and ranking members, that they would be giving up some of their 
jurisdiction and authority. But the simple truth is that some of these 
nominations shouldn't require Senate confirmation and, frankly, take up 
valuable time that should be used for more important work.
  Nothing in the legislation we offer today will weaken in any way the 
Senate's important Constitutional role of ``advice and consent'' or our 
delicate system of checks and balances.
  But if we don't fix what is broken in this system, I fear we risk 
discouraging some of our nation's most talented individuals from 
accepting nominations, thus leaving important positions unfilled.
  If I may end with a little history, as Governeur Morris, one of the 
architects of the Constitution, said when speaking in favor of the 
``advice and consent'' clause: ``As the President was to nominate, 
there would be responsibility. As the Senate was to concur, there would 
be security.''
  Those founding principals will be unaffected by the kinds of modest 
changes this bill calls for, and I believe and hope we can get it done 
this year.
  I call on my fellow chairmen, ranking members, and colleagues on both 
sides of the aisle to work with us on addressing this challenge so the 
next new administration, regardless of party, can recruit the best 
candidates and then put them to work quickly addressing the many 
challenges our Nation faces.
  Ms. COLLINS. Mr. President, I rise today to support the Presidential 
Appointment Efficiency and Streamlining Act of 2011, as well as the 
Senate resolution to create an expedited confirmation process for some 
part-time boards and commissions.
  I want to commend Senators Schumer and Alexander for their work on 
this issue and to express my appreciation for all the members of the 
nomination reform working group--Senators Reid, McConnell, and 
Lieberman. I was pleased to be a part of what has truly been a 
bipartisan effort.
  The Constitution, in the Appointments Clause, makes the appointment 
of senior Federal executive officers a joint responsibility of the 
President and the Senate. The President determines who, in his view, is 
the best qualified to serve in the most senior and critical positions 
across the executive branch of our Government. It also requires that 
we, the Senate, exercise our independent judgment and experience to 
determine if nominees have the necessary qualifications and character 
to serve our Nation in these important positions of public trust.
  The confirmation process must be thorough enough for the Senate to 
fulfill its Constitutional duty, but it should not be so onerous as to 
deter qualified people from public service.
  National security reasons also compel attention to this problem. The 
National Journal has noted that ``[p]eriods of political transition 
are, by their very nature, chaotic'' and that ``terrorists strike when 
they believe governments will be caught off guard.''
  Both the 1993 bombing of the World Trade Center and the attacks on 
September 11th, 2001, occurred within eight months of a change in 
presidential administrations. And in March 2004, just three days before 
Spain's national elections, al Qaeda-linked terrorists bombed Madrid 
commuter trains.
  The 9/11 Commission found that ``[a]t the sub-cabinet level, there 
were significant delays in the confirmation of key officials, 
particularly at the Department of Defense,'' in 2001. It was not until 
six months after President Bush took office that he had his national 
security team in place.
  Countless studies have been written and many experts have opined on 
how to improve the nomination and confirmation process--from the 
Brownlow Commission in 1937 to the 9/11 Commission in 2004.
  This is also an issue that the Committee on Homeland Security and 
Governmental Affairs has been working to address for a long time. For 
example, in 2001, when Senator Fred Thompson chaired the Committee, we 
held two hearings focusing on the state of the Presidential appointment 
process. As a result of these hearings, the Committee reported out 
legislation to address concerns that were raised. A few of the 
provisions of this bill would later be included in the Intelligence 
Reform and Terrorism Prevention Act of 2004.
  But more work remains to be done. On March 2nd of this year, the 
Committee held another hearing to review the nomination process. The 
witnesses echoed the concerns that have been raised over the years by 
the many commissions and that still remain unaddressed.
  Based upon our review, there are a few areas in particular where 
improvements should be made. The first is to reduce the sheer number of 
positions subject to Senate confirmation.
  In this regard, the National Commission on the Public Service, 
commonly known as the Volcker Commission, gathered some very 
illuminating statistics. When President Kennedy came to office, he had 
286 positions to fill with the titles of Secretary, Deputy Secretary, 
Under Secretary, Assistant Secretary, and Administrator. By the end of 
the Clinton Administration, there were 914 positions with these titles.
  Today, according to the Congressional Research Service, CRS, there 
are more than 1,200 positions appointed by the President that require 
the advice and consent of the Senate.
  The large number of positions requiring confirmation leads to long 
delays in selecting, vetting, and nominating these appointees. 
Consequently, administrations can go for months without key officials 
in many agencies. And when political appointees are finally in place, 
their median tenure is only about two and a half years.
  A second area ripe for reform is to develop a consistent, common form 
for the nominees to complete in order to streamline the process, save 
time, and increase accuracy. This also would reduce the cost and burden 
on nominees.
  The White House, Office of Government Ethics, and the Senate need to 
work together to reconcile the various questions that are asked of 
nominees. Currently, nominees will often find themselves repeating 
variations of, or even the exact same, response over and over.
  In this regard, I believe Clay Johnson, the former head of 
Presidential Personnel from 2001 to 2003, made an excellent point. He 
noted that there is a thick file in the White House ``with every 
possible piece of relevant information on that person and yet none of 
that is made available to the Senate.''
  A consistent, common form, which a nominee can respond to online, 
would help to facilitate the flow of information so the Senate can 
begin its review of the nomination earlier.
  Finally, the executive branch also needs to review its own role and 
responsibilities in the process.

[[Page 4662]]

  Specifically, the White House should review its background 
investigation requirements. The extent of the investigation should be 
tailored to the position. A person nominated to a non-national 
security-related position should not have to undergo the same detailed 
FBI background investigation as a nominee to a national security-
related position, such as the Secretary of Homeland Security. In 
addition, the process should make some allowance for people who already 
have undergone the FBI full-field investigation for a different Senate-
confirmed position. Reform of this process would help speed up the 
review of nominees and aid in the task of recruiting talented people 
for public service.
  It also is the White House's responsibility to ensure that the Office 
of Presidential Personnel has the appropriate staffing level to meet 
the demands of a new administration.
  As Mr. Johnson noted at our March 2nd hearing, ``[a] new 
administration has never had the capacity in the first six months to 
nominate persons for more than 250 cabinet and subcabinet positions, 
let alone 400 positions, which government reform individuals and groups 
suggest a new administration should be able to do.''
  If these areas can be reformed, substantial time will be saved, and 
key leadership posts at our federal agencies will not be vacant for 
nearly as long.
  Now, during this mid-term period, two years away from a Presidential 
election, we have the opportunity to streamline the executive branch 
nominations process. This can help ensure that the next presidential 
transition will be as smooth as possible, thwarting the terrorists' 
belief that they will be able to ``catch us off guard.''
  The Schumer-Alexander bill and Senate Resolution go a long way to 
addressing the concerns that I have highlighted.
  The bill will make more than 200 positions direct Presidential 
Appointments that would no longer require Senate confirmation. Many of 
these positions have little or no policy role, such as the Assistant 
Secretary for Legislative Affairs at the Department of Commerce, or are 
internal management or administrative positions, such as chief 
financial officers or assistant secretaries for public affairs.
  By not requiring Senate confirmation, it will allow these positions 
be filled at a much faster pace and free up Senate resources to focus 
on more significant nominees.
  The Senate resolution proposes that more than 240 positions on part-
time boards or commissions go through a new ``expedited'' confirmation 
process. These positions will still require the nominee to respond to 
all committee questionnaires and still provide for the opportunity for 
closer scrutiny of the nominee, if warranted.
  This retains the authority of the Senate over these positions, but 
streamlines the process, lessening the burden on the Senate for 
routine, non-controversial nominations and providing for a faster road 
to confirmation as well.
  While we must deliver on our duty to provide advice and consent, 
reforms are needed to improve the effective operation of government. We 
all want the most qualified people to serve the President and the 
Nation. We should, therefore, ensure that the process is not 
unnecessarily burdensome and that key leadership posts do not go 
unfilled for long stretches of time. Most of all, we need to reform the 
process so that good people, whose talents and energy we need, do not 
become so discouraged that they give up their goal of serving the 
public.
  I am pleased to join Senators Schumer and Alexander as a cosponsor of 
this legislation and the Senate resolution, both of which will help us 
attract well-qualified people to public service.
                                 ______
                                 
      By Ms. COLLINS (for herself, Ms. Mikulski, Mrs. Boxer, Mrs. 
        Hutchison, Mrs. Murray, Ms. Snowe, Ms. Landrieu, Ms. Stabenow, 
        Ms. Cantwell, Ms. Murkowski, Mrs. Shaheen, Mrs. Gillibrand, Mr. 
        Lieberman, Mr. Akaka, Mr. Pryor, Mr. Merkley, Mr. Begich, Mrs. 
        Feinstein, and Ms. Ayotte).
  S. 680. A bill to authorize the Administrator of General Services to 
convey a parcel of real property in the District of Columbia to provide 
for the establishment of a National Women's History Museum; to the 
Committee on Environment and Public Works.
  Ms. COLLINS. Mr. President, I rise to introduce the National Women's 
History Museum Act of 2011, a bill that would clear the way to locate a 
long-overdue historical and educational resource in our nation's 
capital city. I appreciate the co-sponsorship today from 16 of my 
colleagues: Senators Mikulski, Boxer, Hutchison, Murray, Snowe, 
Landrieu, Stabenow, Cantwell, Murkowski, Shaheen, Gillibrand, 
Lieberman, Akaka, Pryor, Merkley, and Begich.
  American women have made invaluable contributions to our country in 
such diverse fields as government, business, medicine, law, literature, 
sports, entertainment, the arts, and the military. A museum recognizing 
the contributions of American women is long overdue.
  A Presidential commission on commemorating women in American history 
concluded that, ``Efforts to implement an appropriate celebration of 
women's history in the next millennium should include the designation 
of a focal point for women's history in our Nation's capital.''
  That report was issued in 1999. Over a decade later, although 
Congress has made commendable provisions for the National Museum for 
African American History and Culture, the National Law Enforcement 
Museum, and the National Museum of the American Indian, there is still 
no institution in the capital region dedicated to women's roles in our 
country's history.
  It is important to note that taxpayers will not shoulder the funding 
of this project. The proposed legislation calls for no new federal 
program and no new claims on the budget. The bill would simply direct 
the General Services Administration to negotiate and enter into an 
occupancy agreement with the National Women's History Museum, Inc. to 
establish a museum on a tract of land near the Smithsonian Museums 
located at 12th Street, SW., and Independence Avenue, SW.
  In fact, the Museum would be putting dollars in the federal 
government's pocket in order to occupy this space because the 
transaction would be at a fair-market value for the land. This bill 
would be a win-win for the taxpayers and the Museum.
  The National Women's History Museum is a non-profit, non-partisan, 
educational institution based in the District of Columbia. Its mission 
is to research and present the historic contributions that women have 
made to all aspects of human endeavor, and to present the contributions 
that women have made to the nation in their various roles in family, 
the economy, and society.
  This museum would help ensure that future generations understand what 
we owe to the many generations of American women who have helped build, 
sustain, and advance our society. They deserve a building to present 
the stories of pioneering women like abolitionist Harriet Tubman, 
founder of the Girl Scouts Juliette Gordon Low, Supreme Court Justice 
Sandra Day O'Connor, and astronaut Sally Ride.
  That women's roll of honor would also include a legendary predecessor 
in the Senate seat I now hold: the late Senator Margaret Chase Smith, 
the first woman nominated for President of the United States by a major 
political party, and the first woman elected to both houses of 
Congress. Senator Smith began representing Maine in the U.S. House of 
Representatives in 1940, won election to the Senate in 1948, and 
enjoyed bipartisan respect over her long career for her independence, 
integrity, wisdom, and courage. She remains my role model and, through 
the example of her public service, an exemplar of the virtues that 
would be honored in the National Women's History Museum.
  Again, I thank my colleagues for their past support of this effort, 
and urge them to renew that support for this bill.
                                 ______
                                 
      By Ms. SNOWE:

[[Page 4663]]

  S. 681. A bill to provide greater accountability in the Small 
Business Lending Fund; to the Committee on Small Business and 
Entrepreneurship.
  Ms. SNOWE. 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. 681

       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 ``Greater Accountability in 
     the Lending Fund Act of 2011''.

     SEC. 2. REPAYMENT DEADLINE UNDER THE SMALL BUSINESS LENDING 
                   FUND PROGRAM.

       (a) In General.--Section 4103(d)(5)(H) of the Small 
     Business Jobs Act of 2010 (12 U.S.C. 4741 note) is amended--
       (1) in clause (i)--
       (A) in subclause (I), by striking ``; or'' and inserting a 
     period;
       (B) by striking subclause (II); and
       (C) by striking ``will--'' and all that follows through 
     ``be repaid'' and inserting ``will be repaid'';
       (2) by striking clause (ii); and
       (3) by striking ``that--'' and all that follows through 
     ``includes,'' and inserting ``that includes,''.
       (b) Effective Date; Applicability; Savings Clause.--
       (1) Effective date; applicability.--The amendments made by 
     this section shall--
       (A) take effect on the date of enactment of this Act; and
       (B) apply to any investment made by the Secretary of the 
     Treasury under the Small Business Lending Fund Program 
     established under section 4103(a)(2) of the Small Business 
     Jobs Act of 2010 (12 U.S.C. 4741 note) (in this subsection 
     referred to as the ``Program'') on or after the date of 
     enactment of this Act.
       (2) Savings clause.--Notwithstanding the amendments made by 
     this section, an investment made by the Secretary of the 
     Treasury under the Program before the date of enactment of 
     this Act shall remain in full force and effect under the 
     terms and conditions under the investment.

     SEC. 3. SMALL BUSINESS LENDING FUND SUNSET.

       Section 4109 of the Small Business Jobs Act of 2010 (12 
     U.S.C. 4741 note) is amended--
       (1) in subsection (b), by inserting ``and shall be limited 
     by the termination date in subsection (c)'' before the period 
     at the end; and
       (2) by adding at the end the following:
       ``(c) Termination of Program.--
       ``(1) Investments.--On and after the date that is 15 years 
     after the date of enactment of this Act, the Federal 
     Government may not own any preferred stock or other financial 
     instrument purchased under this subtitle or otherwise 
     maintain any capital investment in an eligible institution 
     made under this subtitle.
       ``(2) Authorities.--Except as provided in subsection (a), 
     all the authorities provided under this subtitle shall 
     terminate 15 years after the date of enactment of this 
     Act.''.

     SEC. 4. SMALL BUSINESS LENDING FUND TRIGGER.

       Section 4109 of the Small Business Jobs Act of 2010 (12 
     U.S.C. 4741 note), as amended by section 3, is amended by 
     adding at the end the following:
       ``(d) FDIC Receivership.--The Secretary may not make any 
     purchases, including commitments to purchase, under this 
     subtitle if the Federal Deposit Insurance Corporation is 
     appointed receiver of 5 percent or more of the number of 
     eligible institutions that receive a capital investment under 
     the Program.''.

     SEC. 5. SMALL BUSINESS LENDING FUND LIMITATION.

       (a) In General.--Section 4103(d) of the Small Business Jobs 
     Act of 2010 (12 U.S.C. 4741 note) is amended--
       (1) by striking ``, less the amount of any CDCI investment 
     and any CPP investment'' each place it appears;
       (2) by striking paragraph (7);
       (3) by redesignating paragraphs (8), (9), and (10) as 
     paragraphs (7), (8), and (9), respectively; and
       (4) by adding at the end the following:
       ``(10) Prohibition on tarp participants participating in 
     the program.--An institution in which the Secretary made a 
     investment under the CPP, the CDCI, or any other program 
     established by the Secretary under the Troubled Asset Relief 
     Program established under the Emergency Economic 
     Stabilization Act of 2008 (12 U.S.C. 5201 et seq.) shall not 
     be eligible to participate in the Program.''.
       (b) Effective Date; Applicability; Savings Clause.--
       (1) Effective date; applicability.--The amendments made by 
     this section shall--
       (A) take effect on the date of enactment of this Act; and
       (B) apply to any investment made by the Secretary of the 
     Treasury under the Small Business Lending Fund Program 
     established under section 4103(a)(2) of the Small Business 
     Jobs Act of 2010 (12 U.S.C. 4741 note) (in this subsection 
     referred to as the ``Program'') on or after the date of 
     enactment of this Act.
       (2) Savings clause.--Notwithstanding the amendments made by 
     this section, an investment made by the Secretary of the 
     Treasury under the Program before the date of enactment of 
     this Act shall remain in full force and effect under the 
     terms and conditions under the investment.

     SEC. 6. PRIVATE INVESTMENTS UNDER THE SMALL BUSINESS LENDING 
                   FUND PROGRAM.

       Section 4103(d)(3) of the Small Business Jobs Act of 2010 
     (12 U.S.C. 4741 note) is amended--
       (1) in the paragraph heading, by striking ``matched''; and
       (2) in subparagraph (B)(i), by striking ``both under the 
     Program and''.

     SEC. 7. APPROVAL OF REGULATORS.

       (a) In General.--Section 4103(d)(2) of the Small Business 
     Jobs Act of 2010 (12 U.S.C. 4741 note) is amended--
       (1) in the paragraph heading, by striking ``Consultation 
     with'' and inserting ``Approval of'';
       (2) in the matter preceding subparagraph (A), by striking 
     ``the Secretary shall'' and inserting ``the Secretary may not 
     make a purchase under this subtitle unless'';
       (3) in subparagraph (A)--
       (A) by striking ``consult with''; and
       (B) by striking ``to determine whether the eligible 
     institution may receive'' and inserting ``determines that, 
     based on the financial condition of the eligible institution, 
     the eligible institution should receive'';
       (4) in subparagraph (B)--
       (A) by striking ``consider any views received from''; and
       (B) by striking ``regarding the financial condition of the 
     eligible institution'' and inserting ``determines that, based 
     on the financial condition of the eligible institution, the 
     eligible institution should receive such capital 
     investment''; and
       (5) in subparagraph (C)--
       (A) by striking ``consult with''; and
       (B) by inserting ``determines that, based on the financial 
     condition of the eligible institution, the eligible 
     institution should receive such capital investment'' before 
     the period at the end.
       (b) Conforming Amendments.--Section 4103(d)(3)(A) of the 
     Small Business Jobs Act of 2010 (12 U.S.C. 4741 note) is 
     amended--
       (1) by striking ``to be consulted under paragraph (2) would 
     not otherwise recommend'' and inserting ``required to make a 
     determination under paragraph (2) does not approve'';
       (2) by striking ``to be so consulted''; and
       (3) by striking ``to be consulted would recommend'' and 
     insert ``would approve''.

     SEC. 8. BENCHMARK FOR SMALL BUSINESS LENDING.

       Section 4103(d)(5)(A)(ii) of the Small Business Jobs Act of 
     2010 (12 U.S.C. 4741 note) is amended by striking ``for the 4 
     full quarters immediately preceding the date of enactment of 
     this Act'' and inserting ``during calendar year 2007''.
                                 ______
                                 
      By Mr. NELSON of Florida:
  S. 692. A bill to improve hurricane preparedness by establishing the 
National Hurricane Research Initiative, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Mr. NELSON of Florida. Mr. President, I rise today to introduce 
legislation on a subject that is never far from the minds of citizens 
in my home State of Florida, folks along the Gulf Coast, or on the 
Atlantic seaboard: the threat of hurricanes, and the devastation that 
these storms leave in their wake. This threat is ever nearer as we 
approach the 2011 hurricane season.
  Hurricane damage is certainly not new to Florida. On September 1926, 
the Great Miami Hurricane was a harbinger of things to come. Two years 
later, a category four hurricane caused Lake Okeechobee to flood its 
banks killing 2500 out of South Florida's 50,000 residents. In August 
1992, Hurricane Andrew struck South Florida causing an estimated $26 
billion in damage to the United States. And we all when in August of 
2005, Hurricane Katrina ripped through New Orleans and the Gulf Coast 
region, causing more than $91 billion in economic losses, forcing more 
than 770,000 people from their homes, and killing an estimated 1833 
people.
  According to the Insurance Information Institute, insurance companies 
had estimated losses of $40.6 billion on 1.7 million claims in 6 States 
from Hurricane Katrina, the largest loss in the history of insurance. 
Insured losses are predicted to double every decade as development 
along the Gulf and Atlantic Coasts increases.
  The sheer magnitude of this loss is staggering and underscores the 
need for increased funding for hurricane research and improved 
forecasting. But

[[Page 4664]]

hurricanes do not just affect those living along the coasts. These 
extreme events have national consequences with increased fuel prices 
and severe inland flooding.
  U.S. Census data indicates that more than 35 million people live in 
areas that are most vulnerable to hurricanes. Emergency managers need 
to know exactly where a hurricane will strike and how hard it will 
strike before they can issue an evacuation warning.
  Improvements in track and intensity forecasts will translate into 
better preparedness for coastal and inland communities, saving lives 
and reducing devastating impacts.
  The impacts felt in the wake of Hurricane Katrina--despite a good 
meteorological forecast of the hurricane--emphasize the need for 
additional research and development in these areas.
  I am committed to the protection of life and property. Hurricanes 
pose a serious threat to the Nation, and losses are growing. So today I 
am introducing the National Hurricane Research Initiative. This bill 
calls for prudent investments that will protect lives and prevent 
economic devastation, reducing our vulnerability to hurricanes.
  The National Hurricane Research Initiative will dramatically expand 
the scope of fundamental research on hurricanes, including enhanced 
data collection and analysis in critical research areas, and the 
translation of research results into improved forecasts and planning. 
Specifically, the National Hurricane Research Initiative will improve 
our understanding and prediction of hurricanes and other tropical 
cyclones, including, storm tracking and prediction, storm surge 
modeling, and inland flood modeling. This research will expand our 
understanding of the impacts of hurricanes on and response of society 
and help us to develop infrastructure that is resilient to the forces 
associated with hurricanes.
  We never know when the next big storm will hit. This type of research 
is urgently needed, and that research needs to be well coordinated. I 
look forward to working with Chairman Rockefeller and the members of 
the Senate Committee on Commerce, Science, and Transportation on this 
important legislation.
  Mr. President, I ask unanimous consent that 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. 692

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Hurricane Research 
     Initiative Act of 2011''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Eligible entities.--The term ``eligible entities'' 
     means Federal, State, regional, and local government agencies 
     and departments, tribal governments, universities, research 
     institutes, for-profit entities, and nongovernmental 
     organizations.
       (2) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 102 of the Federally 
     Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
       (3) Initiative.--The term ``Initiative'' means the National 
     Hurricane Research Initiative established under section 
     3(a)(1).
       (4) State.--The term ``State'' means any State of the 
     United States, the District of Columbia, American Samoa, 
     Guam, the Commonwealth of the Northern Mariana Islands, 
     Puerto Rico, and the Virgin Islands.
       (5) Tribal government.--The term ``tribal government'' 
     means the governing body of an Indian tribe.
       (6) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary for Oceans and Atmosphere.

     SEC. 3. NATIONAL HURRICANE RESEARCH INITIATIVE.

       (a) Establishment.--
       (1) In general.--The Under Secretary shall establish an 
     initiative to be known as the ``National Hurricane Research 
     Initiative'' for the purposes described in paragraph (2). The 
     Initiative shall consist of--
       (A) the activities carried out under this section; and
       (B) the research carried out under section 4.
       (2) Purposes.--The purposes described in this paragraph are 
     as follows:
       (A) To conduct research, incorporating to the maximum 
     extent practicable the needs of eligible entities, to enable 
     the following:
       (i) Improvement of the understanding and prediction of 
     hurricanes and other tropical storms, including--

       (I) storm tracking and prediction;
       (II) forecasting of storm formation, intensity, and wind 
     and rain patterns, both within the tropics and as the storms 
     move poleward;
       (III) storm surge modeling, inland flood modeling, and 
     coastal erosion;
       (IV) the interaction with and impacts of storms with the 
     natural and built environment; and
       (V) the impacts to and response of society to destructive 
     storms, including the socioeconomic impacts requiring 
     emergency management, response, and recovery.

       (ii) Development of infrastructure that is resilient to the 
     forces associated with hurricanes and other tropical storms.
       (iii) Mitigation of the impacts of hurricanes on coastal 
     populations, the coastal built environment, and natural 
     resources, including--

       (I) coral reefs;
       (II) mangroves;
       (III) wetlands; and
       (IV) other natural systems that can reduce hurricane wind 
     and flood forces.

       (iv) Improvement of communication with the public about 
     hurricane forecasts and risks associated with hurricanes to 
     reduce the harmful impacts of hurricanes and improve the 
     response of society to destructive storms.
       (B) To provide training for the next generation of 
     hurricane researchers and forecasters.
       (b) Implementation Plan.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Under Secretary shall, in 
     coordination with the Director of the National Science 
     Foundation, develop a detailed, 5-year implementation plan 
     for the Initiative that--
       (A) incorporates the priorities for Federal science and 
     technology investments set forth in the June 2005 
     publication, ``Grand Challenges for Disaster Reduction'', and 
     in related 2008 implementation plans for hurricane and 
     coastal inundation hazards of the Subcommittee on Disaster 
     Reduction of the Committee on Environment and Natural 
     Resources of the National Science and Technology Council;
       (B) to the extent practicable and as appropriate, 
     establishes strategic goals, benchmarks, milestones, and a 
     set of systematic criteria and performance metrics by which 
     the overall effectiveness of the Initiative may be evaluated 
     on a periodic basis, including evaluation of mechanisms for 
     the effective transition of research to operations and the 
     application of research results for reducing hurricane losses 
     and related public benefits; and
       (C) identifies opportunities to leverage the results of the 
     research carried out under section 4 with other Federal and 
     non-Federal hurricane research, coordination, and loss-
     reduction initiatives, such as--
       (i) the National Windstorm Impact Reduction Program 
     established by section 204(a) of the National Windstorm 
     Impact Reduction Act of 2004 (15 U.S.C. 15703);
       (ii) the National Flood Insurance Program established under 
     chapter 1 of the National Flood Insurance Act of 1968 (42 
     U.S.C. 4011 et seq.);
       (iii) the initiatives of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
       (iv) wind hazard mitigation initiatives carried out by a 
     State;
       (v) the Science Advisory Board, Social Science Working 
     Group, and Hurricane Forecast Improvement Project of the 
     National Oceanic and Atmospheric Administration; and
       (vi) the Working Group for Tropical Cyclone Research of the 
     Office of the Federal Coordinator for Meteorological Services 
     and Supporting Research.
       (2) Review.--Not later than 1 year after the date of the 
     enactment of this Act, the Under Secretary shall make the 
     implementation plan required by paragraph (1) available for 
     review by the following:
       (A) The Director of the National Science Foundation.
       (B) The Secretary of Homeland Security.
       (C) The Director of the National Institute for Standards 
     and Technology.
       (D) The Commanding General of the U.S. Army Corps of 
     Engineers.
       (E) The Commander of the Naval Meteorology and Oceanography 
     Command.
       (F) The Associate Administrator for Science Mission 
     Directorate of the National Aeronautics and Space 
     Administration.
       (G) The Director of the U.S. Geological Survey.
       (H) The Director of the Office of Science and Technology 
     Policy.
       (I) The Director of the National Economic Council.
       (3) Revisions.--The Under Secretary shall revise the 
     implementation plan required by paragraph (1) not less 
     frequently than once every 5 years.
       (c) Research.--
       (1) Establishment of research objectives.--The Under 
     Secretary shall, in consultation with the Director of the 
     National Science Foundation, establish objectives for 
     research carried out pursuant to section 4 that are--
       (A) consistent with the purposes described in subsection 
     (a)(2); and

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       (B) based on the findings of the expert assessments and 
     strategies published in the following:
       (i) The June 2005 publication entitled, ``Grand Challenges 
     for Disaster Reduction'', and the related 2008 implementation 
     plans for hurricane and coastal inundation hazards of the 
     Subcommittee on Disaster Reduction of the Committee on 
     Environment and Natural Resources of the National Science and 
     Technology Council.
       (ii) The January 2007 report by the National Science Board 
     entitled, ``Hurricane Warning: The Critical Need for a 
     National Hurricane Initiative''.
       (iii) The February 2007 report by the Office of the Federal 
     Coordinator for Meteorological Services and Supporting 
     Research entitled, ``Interagency Strategic Research Plan for 
     Tropical Cyclones: The Way Ahead''.
       (iv) Reports from the Hurricane Intensity Working Group of 
     the National Science Advisory Board of the National Oceanic 
     and Atmospheric Administration.
       (2) Areas of concentration.--The objectives required by 
     paragraph (1) shall provide for 3 areas of concentration as 
     follows:
       (A) Fundamental hurricane research, which may include 
     research to support continued development and maintenance of 
     community weather research and forecast models, including 
     advanced methods of observing storm structure and 
     assimilating observations into the models, in which the 
     agency or institution hosting the models ensures broad access 
     and use of the model by the civilian research community.
       (B) Technology assessment and development.
       (C) Research on integration, transition, and application of 
     research results.
       (d) National Workshops and Conferences.--The Under 
     Secretary may, in coordination with the Director of the 
     National Science Foundation, carry out a series of national 
     workshops and conferences that assemble a broad collection of 
     scientific disciplines--
       (1) to address hurricane-related research questions; and
       (2) to encourage researchers to work collaboratively to 
     carry out the purposes described in subsection (a)(2).
       (e) Public Internet Website.--The Under Secretary shall 
     facilitate the establishment of a public Internet website for 
     the Initiative--
       (1) to foster collaboration and interactive dialogues among 
     the Under Secretary, the Director of the National Science 
     Foundation, and the public;
       (2) to enhance public access to Initiative documents and 
     products, including--
       (A) reports and publications of the Initiative;
       (B) the most recent 5-year implementation plan developed 
     under subsection (b); and
       (C) each annual cross-cut budget and report submitted to 
     Congress under subsection (f); and
       (3) that includes a publicly accessible clearinghouse of 
     Federal research and development centers engaged in research 
     and development efforts that are complementary to the 
     Initiative.
       (f) Annual Cross-Cut Budget and Report.--
       (1) Requirement for annual cross-cut budget and report.--
     Beginning with the first fiscal year beginning after the date 
     the Under Secretary completes the implementation plan 
     required by subsection (b), the Director of the Office of 
     Science and Technology Policy shall, in conjunction with the 
     Under Secretary, the Director of the National Science 
     Foundation, and the Director of the Office of Management and 
     Budget, submit to Congress each year, together with documents 
     submitted to Congress in support of the budget of the 
     President for the fiscal year beginning in such year (as 
     submitted pursuant to section 1105 of title 31, United States 
     Code)--
       (A) a coordinated annual report for the Initiative for the 
     last fiscal year ending before the date on which the report 
     is submitted; and
       (B) a cross-cut budget for the Initiative for the first 
     fiscal year beginning after the date on which the report is 
     submitted.
       (2) Contents.--The report required by paragraph (1)(A) 
     shall--
       (A) document the grants and contracts awarded to eligible 
     entities under section 4;
       (B) for each eligible entity that receives a grant or 
     contract under section 4, identify what major activities were 
     undertaken with such funds, grants, and contracts; and
       (C) for each research activity or group of activities in an 
     area of concentration described in subsection (c)(2), as 
     appropriate, identify any accomplishments, which may include 
     full or partial achievement of any strategic goals, 
     benchmarks, milestones, or systematic criteria and 
     performance metrics established for the implementation plan 
     under subsection (b)(1)(B).

     SEC. 4. NATIONAL HURRICANE RESEARCH.

       (a) National Science Foundation Competitive Grant Research 
     Program.--
       (1) In general.--The Director of the National Science 
     Foundation shall, in coordination with the Under Secretary, 
     establish a program to award grants to eligible entities to 
     carry out research that is consistent with the research 
     objectives established under section 3(c)(1).
       (2) Selection.--The National Science Foundation shall 
     select grant recipients under this section through its merit 
     review process.
       (b) National Oceanic and Atmospheric Administration 
     Research Program.--
       (1) In general.--The Under Secretary shall, in coordination 
     with the Director of the National Science Foundation, carry 
     out a program of research that is consistent with the 
     research objectives established under section 3(c)(1).
       (2) Research activities.--Research carried out under 
     paragraph (1) may be carried out through--
       (A) intramural research;
       (B) awarding grants to eligible entities to carry out 
     research;
       (C) contracting with eligible entities to carry out 
     research; or
       (D) entering into cooperative agreements to carry out 
     research.
       (3) Demonstration projects authorized.--Research carried 
     out under this subsection may include demonstration projects.
       (c) Collaboration.--To the maximum extent practicable, each 
     entity carrying out research under this section shall 
     collaborate with existing Federal and Federally funded 
     research centers operating in related fields, for-profit 
     organizations, and international, regional, State, local, and 
     tribal governments--
       (1) to gather and share experiential information; and
       (2) to advance scientific and engineering knowledge, 
     technology transfer, and technology commercialization in the 
     course of conduct of hurricane-related research and its 
     application to mitigating the impacts of hurricanes and other 
     tropical storms on society.

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