[Congressional Record (Bound Edition), Volume 157 (2011), Part 5]
[Senate]
[Pages 5990-6020]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. KERRY (for himself and Ms. Snowe):
  S. 818. A bill to amend title XVIII of the Social Security Act to 
count a period of receipt of outpatient observation services in a 
hospital toward satisfying the 3-day inpatient hospital requirement for 
coverage of skilled nursing facility services under Medicare; to the 
Committee on Finance.
  Mr. KERRY. Mr. President, today too many Medicare beneficiaries are 
being saddled with thousands of dollars of unnecessary out-of-pocket 
costs for stays at skilled nursing facilities, SNF, solely because of 
the technical classification of their hospital stay.
  Hospitals are increasingly serving Medicare beneficiaries using an 
``outpatient observation status'' rather than admitting them as an 
inpatient--a billing technicality. Because of this, patients are 
enduring longer hospital stays in observation status and may 
unknowingly be treated under outpatient observation status for the 
entirety of their hospital visit.
  While the classification of a hospital stay does not affect either 
the type or level of care a beneficiary receives, it has significant 
repercussions on Medicare coverage of SNF care. Under current law, 
Medicare covers SNF care only if beneficiaries have 3 consecutive days 
of hospitalization as an inpatient, not counting the day of discharge.
  Although the Medicare Program manuals limit observation status to 24 
to 48 hours, many beneficiaries nationwide are experiencing extended 
stays in acute care hospitals under observation status. According to 
the Medicare Payment Advisory Committee, MedPAC, the number of 
beneficiaries receiving outpatient observation services for longer than 
48 hours rapidly increased, by more than 70 percent, from 2006 to 2008.
  The growth in observation care has not only generated considerable 
beneficiary confusion as to why Medicare does not cover their SNF care 
after a hospitalization, but also it has also become a substantial 
financial barrier to medically necessary post-acute care. Beneficiaries 
are left facing thousands of dollars in unreimbursed out-of-pocket 
charges for their care. Those who cannot afford to pay privately for 
their stay in a SNF may decide to forgo care altogether.
  I have heard countless stories of hardship from Medicare 
beneficiaries in Massachusetts because of this unfair policy. I would 
like to share the inexcusable experience of one of my constituents, 
Rosemary Crossin. Rosemary is 81 years old and suffers from Parkinson's 
disease, arthritis, and diabetes. She was treated at a Boston hospital 
following a fall that left her with a broken shoulder and a broken 
hand.
  Upon arrival at the hospital, she was examined in the ER for over 6 
hours, where she waited on a hard stretcher and received a CT scan, an 
x ray, and two doses of morphine. At the end of her examination, 
Rosemary, disoriented and unable to walk on her own due to the 
combination of her chronic conditions, morphine, and broken bones, was 
treated in the hospital under observation status.
  At no time did the hospital inform Rosemary's family what observation 
status meant. Rosemary remained in the hospital for over 4 days while 
she recovered, after which time a physician determined that Rosemary be 
transferred to an extended stay facility to complete her 
rehabilitation.
  Despite spending over 4 days in the hospital, after the hospital 
itself determined she was not fit to return home, Rosemary was never 
admitted as an inpatient. Because she was never classified as an 
inpatient for billing purposes, she was told that her costs would not 
be covered by Medicare. Rosemary was told that she would have to prepay 
$7998 to the skilled nursing facility or remain at the hospital at a 
cost of $1200 per day. This is wrong, and it needs to be changed.
  Currently, Rosemary continues to rehabilitate her injuries at the 
skilled nursing facility. Unfortunately, because she was in observation 
status for her entire hospital stay, all subsequent costs will need to 
be paid for out-of-pocket.
  Rosemary could have to spend up to $18,000 out-of-pocket following 
her fall, all because the hospital kept her under observation status 
for more than 96 hours after it determined she was not fit to go home.
  Unfortunately, Rosemary's experience is not unique. That is why 
Senator Snowe and I are working together to prevent billing 
technicalities from hampering access to skilled nursing care. Today, we 
are introducing the Improving Access to Medicare Coverage Act of 2011, 
which would eliminate financial barriers to skilled nursing care in 
Medicare by allowing observation stays to be counted toward the 3-day 
mandatory inpatient stay for Medicare coverage of SNF services.
  This legislation is supported by a number of national organizations 
from both the provider and beneficiary communities. I would like to 
thank a number of organizations that have been integral to the 
development of the Improving Access to Medicare Coverage Act of 2011 
and that have endorsed our legislation today, including the AARP, the 
American Health Care Association, the American Medical Association, the 
American Medical Directors Association, the Center for Medicare 
Advocacy, LeadingAge, and the National Committee to Preserve Social 
Security and Medicare.
  The Improving Access to Medicare Coverage Act will ensure that 
vulnerable patients like Rosemary will no longer have to suffer or 
worry about affording medically needed care because of a hospital 
billing classification issue.
  I urge my colleagues to support our legislation to eliminate 
unnecessary barriers to skilled nursing care and to bring peace of mind 
to patients and their families.
                                 ______
                                 
      By Mr. SHELBY:
  S. 820. A bill to repeal the current Internal Revenue Code and 
replace it with a flat tax, thereby guaranteeing economic growth and 
greater fairness for all Americans; to the Committee on Finance.
  Mr. SHELBY. Mr. President, I rise today to once again introduce my 
flat tax bill, the Smart, Manageable and Responsible Tax Act, referred 
to as the SMART Act.
  In the United States, there are few, if any, days that are viewed 
with the same resentment and contempt year after year as April 15: 
national tax day.
  Our current Tax Code totals more than 70,000 pages, making tax 
compliance unnecessarily complex, confusing and costly. During the past 
10 years, there have been over 4,400 changes to the Tax Code, including 
an estimated 579 changes in 2010 alone.
  The inclusion of the additional 1099 tax reporting requirements in 
the

[[Page 5991]]

health care reform bill are just one example of the onerous 
requirements throughout our Tax Code.
  As we have learned since the passage of these requirements last 
March, incremental improvements to the Tax Code are not easy. It took 
Congress over a year to finally agree to repeal the 1099 changes that 
common sense tells us are essential to alleviating the burdens on small 
business. Yet our Tax Code is riddled with other similarly ill-
conceived requirements.
  Over the course of a year, individuals spend an average of 26 hours, 
over half of a work week, preparing for their tax filings.
  Although this has been standard practice for decades, I do not 
believe average taxpayers should have to pore over IRS regulations for 
hours or pay someone to prepare their returns. Unfortunately, under our 
convoluted tax system they are left with little choice.
  I have said a number of times before that our current tax system is 
unfair. It punishes success and stifles economic growth. The best 
remedy is to adopt a single tax rate for all taxpayers. Transitioning 
to a flat tax would not only increase fairness in the Tax Code, it 
would also increase the incentives to work and invest.
  By eliminating the thousands of tax loopholes, deductions, and 
credits that can often only be utilized with extensive tax planning and 
expensive advisers, hardworking Americans can rest assured that 
corporations with billions of dollars in profit and sophisticated 
taxpayers are not able to unfairly reduce or eliminate their tax 
liabilities and leave middle-class Americans footing the bill.
  The SMART Act also reforms our corporate Tax Code. The United States 
currently has the second highest corporate tax rate in the world. 
American companies routinely make the difficult decision to move 
operations overseas to reduce their tax burden. Under my legislation, 
companies would pay a flat tax rate of 17 percent on their profits. 
Cutting the corporate tax rate in half would increase domestic 
companies' competitiveness with foreign corporations and eliminate the 
incentives to shift jobs overseas.
  This bill provides a simple, commonsense solution to the complexities 
and inequities of the current tax system. Taxpayers would be able to 
determine their tax liability quickly and easily, and file a tax return 
the size of a postcard.
  The SMART Tax would repeal the current Internal Tax Code and replace 
it with a single tax rate for all taxpayers of 17 percent on all 
salaries, wages, and pensions. The only exemptions would be a personal 
exemption of $13,410 for a single person; $17,120 for a head of 
household; $26,810 for a married couple filing jointly; and $5,780 for 
each dependent, with these amounts indexed to inflation.
  Additionally, under my legislation, earnings from savings and 
investments would not be included in taxable income. Eliminating this 
double taxation would increase the savings rate in our country and 
immediately spur investments in the economy, create jobs and boost 
economic growth.
  Approximately 60 percent of individual taxpayers now pay preparers to 
complete their taxes for them. An additional 29 percent of individuals 
use tax software to assist with their filings. What this means for most 
people is that in addition to paying the government every year, they 
must pay someone or buy software to tell them exactly how much to pay 
their government.
  The American people want and need fundamental tax reform that would 
save time and money and bring fairness to our tax structure. The 
legislation I am introducing today would implement much-needed reforms 
that eliminate onerous paperwork and promote economic growth in our 
country.
  I recognize that this bill is a monumental shift away from our 
current tax laws, but our economy needs a boost, and we must not allow 
the enormity of the task to deter us from enacting better, more 
efficient tax laws. I urge my colleagues to join me in support of this 
legislation.
                                 ______
                                 
      By Mr. LEAHY (for himself, Mr. Akaka, Mr. Blumenthal, Mrs. Boxer, 
        Mr. Cardin, Mr. Casey, Mr. Coons, Mr. Durbin, Mr. Franken, Mrs. 
        Gillibrand, Mr. Harkin, Mr. Kerry, Mr. Lautenberg, Mr. Merkley, 
        Mrs. Murray, Mr. Schumer, Mr. Whitehouse, Mr. Wyden, Mr. 
        Inouye, and Mr. Sanders):
  S. 821. A bill to amend the Immigration and Nationality Act to 
eliminate discrimination in the immigration laws by permitting 
permanent partners of United States citizens and lawful permanent 
residents to obtain lawful permanent resident status in the same manner 
as spouses of citizens and lawful permanent residents and to penalize 
immigration fraud in connection with permanent partnerships; to the 
Committee on the Judiciary.
  Mr. LEAHY. Mr. President, today, I am reintroducing the Uniting 
American Families Act, UAFA, which grants same-sex binational couples 
the same immigration benefits heterosexual couples have long enjoyed. 
This is the fourth Congress in which I have introduced this 
legislation, and I am proud to be joined by 17 Senators, many of whom 
also cosponsored this bill when it was introduced in the last Congress. 
I want to thank Senators Akaka, Blumenthal, Boxer, Cardin, Casey, 
Coons, Durbin, Franken, Gillibrand, Harkin, Kerry, Lautenberg, Merkley, 
Murray, Schumer, Whitehouse, and Wyden for joining me as original 
cosponsors today.
  A core tenet of our immigration policy is preserving family unity. 
Yet gay and lesbian Americans are still forced to choose between their 
country and being with those they love. This destructive policy tears 
families apart and forces hardworking Americans to make the heart-
wrenching choice to leave the country they love and start over in one 
of the countries that now recognize immigration benefits for same-sex 
couples. I hear from Vermont couples who face this difficult decision 
every year. No American should face such a choice.
  Over the past decade, Americans have begun to reject the notion that 
U.S. citizens who are gay or lesbian should not have loving 
relationships. As a result of this cultural shift, 5 States, including 
Vermont, now allow same-sex couples to get married. At the end of the 
111th Congress, bipartisan votes in both the Senate and the House 
reversed the Military's ``Don't Ask, Don't Tell'' policy, a 17 year old 
policy that barred gay and lesbian service men and women from openly 
serving in the military. I hope that my colleagues who supported this 
important civil rights reform will join me in calling for fairness and 
equality in our immigration laws.
  Some opponents of the Uniting American Families Act have argued that 
it would increase the potential for visa fraud. I share the belief that 
all immigration applications should be screened for fraud, but I am 
confident that U.S. Citizenship and Immigration Services will have no 
more difficulty identifying fraud in same-sex relationships than they 
do in heterosexual marriages. The penalties for fraud under this bill 
would be the same as the penalties for marriage fraud. These are very 
strict penalties: a sentence of up to 5 years in prison, $250,000 in 
fines for the U.S. citizen partner, and deportation for the foreign 
partner. In addition, in order to qualify as a bi-national couple under 
UAFA, petitioners must prove that they are at least 18 years of age and 
in a committed, lifelong, financially interdependent relationship with 
another adult. The American ideals that respect human relationships and 
family bonds should not be impeded by fears of fraud, which the 
immigration agency is very capable of controlling.
  Since I last introduced the Uniting American Families Act in 2009, 
more than six additional countries have begun to offer immigration 
benefits to same-sex couples, bringing the total to at least 25 
nations. Some of these nations are our closest allies, including our 
good friends to the North. America should join Argentina, Australia, 
Belgium, Brazil, Canada, the Czech Republic, Denmark, Finland, France, 
Germany, Greenland, Hungary, Iceland, Israel, Luxembourg, The 
Netherlands,

[[Page 5992]]

New Zealand, Norway, Portugal, Romania, South Africa, Spain, Sweden, 
Switzerland, and the United Kingdom.
  Unfortunately, among developed countries with a culture of respect 
for human rights and fairness, the United States is falling behind by 
denying Americans an equitable immigration policy. I hope all Senators 
will agree that the United States should not have a policy that forces 
Americans to choose between their jobs and country, and their loved 
ones. I urge all Senators to support 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. 821

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

     SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND 
                   NATIONALITY ACT; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Uniting 
     American Families Act of 2011''.
       (b) Amendments to Immigration and Nationality Act.--Except 
     as otherwise specifically provided in this Act, if an 
     amendment or repeal is expressed as the amendment or repeal 
     of a section or other provision, the reference shall be 
     considered to be made to that section or provision in the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (c) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; amendments to Immigration and Nationality Act; 
              table of contents.
Sec. 2. Definitions of permanent partner and permanent partnership.
Sec. 3. Worldwide level of immigration.
Sec. 4. Numerical limitations on individual foreign states.
Sec. 5. Allocation of immigrant visas.
Sec. 6. Procedure for granting immigrant status.
Sec. 7. Annual admission of refugees and admission of emergency 
              situation refugees.
Sec. 8. Asylum.
Sec. 9. Adjustment of status of refugees.
Sec. 10. Inadmissible aliens.
Sec. 11. Nonimmigrant status for permanent partners awaiting the 
              availability of an immigrant visa.
Sec. 12. Conditional permanent resident status for certain alien 
              spouses, permanent partners, and sons and daughters.
Sec. 13. Conditional permanent resident status for certain alien 
              entrepreneurs, spouses, permanent partners, and children.
Sec. 14. Deportable aliens.
Sec. 15. Removal proceedings.
Sec. 16. Cancellation of removal; adjustment of status.
Sec. 17. Adjustment of status of nonimmigrant to that of person 
              admitted for permanent residence.
Sec. 18. Application of criminal penalties to for misrepresentation and 
              concealment of facts regarding permanent partnerships.
Sec. 19. Requirements as to residence, good moral character, attachment 
              to the principles of the Constitution.
Sec. 20. Naturalization for permanent partners of citizens.
Sec. 21. Application of family unity provisions to permanent partners 
              of certain LIFE Act beneficiaries.
Sec. 22. Application to Cuban Adjustment Act.

     SEC. 2. DEFINITIONS OF PERMANENT PARTNER AND PERMANENT 
                   PARTNERSHIP.

       Section 101(a) (8 U.S.C. 1101(a)) is amended--
       (1) in paragraph (15)(K)(ii), by inserting ``or permanent 
     partnership'' after ``marriage''; and
       (2) by adding at the end the following:
       ``(52) The term `permanent partner' means an individual 18 
     years of age or older who--
       ``(A) is in a committed, intimate relationship with another 
     individual 18 years of age or older in which both individuals 
     intend a lifelong commitment;
       ``(B) is financially interdependent with that other 
     individual;
       ``(C) is not married to, or in a permanent partnership 
     with, any individual other than that other individual;
       ``(D) is unable to contract with that other individual a 
     marriage cognizable under this Act; and
       ``(E) is not a first, second, or third degree blood 
     relation of that other individual.
       ``(53) The term `permanent partnership' means the 
     relationship that exists between 2 permanent partners.''.

     SEC. 3. WORLDWIDE LEVEL OF IMMIGRATION.

       Section 201(b)(2)(A)(i) (8 U.S.C. 1151(b)(2)(A)(i)) is 
     amended--
       (1) by ``spouse'' each place it appears and inserting 
     ``spouse or permanent partner'';
       (2) by striking ``spouses'' and inserting ``spouse, 
     permanent partner,'';
       (3) by inserting ``(or, in the case of a permanent 
     partnership, whose permanent partnership was not 
     terminated)'' after ``was not legally separated from the 
     citizen''; and
       (4) by striking ``remarries.'' and inserting ``remarries or 
     enters a permanent partnership with another person.''.

     SEC. 4. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES.

       (a) Per Country Levels.--Section 202(a)(4) (8 U.S.C. 
     1152(a)(4)) is amended--
       (1) in the paragraph heading, by inserting ``, permanent 
     partners,'' after ``spouses'';
       (2) in the heading of subparagraph (A), by inserting ``, 
     permanent partners,'' after ``Spouses''; and
       (3) in the heading of subparagraph (C), by striking ``and 
     daughters'' inserting ``without permanent partners and 
     unmarried daughters without permanent partners''.
       (b) Rules for Chargeability.--Section 202(b)(2) (8 U.S.C. 
     1152(b)(2)) is amended--
       (1) by striking ``his spouse'' and inserting ``his or her 
     spouse or permanent partner'';
       (2) by striking ``such spouse'' each place it appears and 
     inserting ``such spouse or permanent partner''; and
       (3) by inserting ``or permanent partners'' after ``husband 
     and wife''.

     SEC. 5. ALLOCATION OF IMMIGRANT VISAS.

       (a) Preference Allocation for Family Members of Permanent 
     Resident Aliens.--Section 203(a)(2) (8 U.S.C. 1153(a)(2)) is 
     amended--
       (1) by striking the paragraph heading and inserting the 
     following:
       ``(2) Spouses, permanent partners, unmarried sons without 
     permanent partners, and unmarried daughters without permanent 
     partners of permanent resident aliens.--'';
       (2) in subparagraph (A), by inserting ``, permanent 
     partners,'' after ``spouses''; and
       (3) in subparagraph (B), by striking ``or unmarried 
     daughters'' and inserting ``without permanent partners or the 
     unmarried daughters without permanent partners''.
       (b) Preference Allocation for Sons and Daughters of 
     Citizens.--Section 203(a)(3) (8 U.S.C. 1153(a)(3)) is 
     amended--
       (1) by striking the paragraph heading and inserting the 
     following:
       ``(2) Married sons and daughters of citizens and sons and 
     daughters with permanent partners of citizens.--''; and
       (2) by inserting ``, or sons or daughters with permanent 
     partners,'' after ``daughters''.
       (c) Employment Creation.--Section 203(b)(5)(A)(ii) (8 
     U.S.C. 1153(b)(5)(A)(ii)) is amended by inserting ``permanent 
     partner,'' after ``spouse,''.
       (d) Treatment of Family Members.--Section 203(d) (8 U.S.C. 
     1153(d)) is amended--
       (1) by inserting ``or permanent partner'' after ``section 
     101(b)(1)''; and
       (2) by inserting ``, permanent partner,'' after ``the 
     spouse''.

     SEC. 6. PROCEDURE FOR GRANTING IMMIGRANT STATUS.

       (a) Classification Petitions.--Section 204(a)(1) (8 U.S.C. 
     1154(a)(1)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (ii), by inserting ``or permanent partner'' 
     after ``spouse'';
       (B) in clause (iii)--
       (i) by inserting ``or permanent partner'' after ``spouse'' 
     each place it appears; and
       (ii) in subclause (I), by inserting ``or permanent 
     partnership'' after ``marriage'' each place it appears;
       (C) in clause (v)(I), by inserting ``permanent partner,'' 
     after ``is the spouse,''; and
       (D) in clause (vi)--
       (i) by inserting ``or termination of the permanent 
     partnership'' after ``divorce''; and
       (ii) by inserting ``, permanent partner,'' after 
     ``spouse''; and
       (2) in subparagraph (B)--
       (A) by inserting ``or permanent partner'' after ``spouse'' 
     each place it appears; and
       (B) in clause (ii)--
       (i) in subclause (I)(aa), by inserting ``or permanent 
     partnership'' after ``marriage'';
       (ii) in subclause (I)(bb), by inserting ``or permanent 
     partnership'' after ``marriage'' the first place it appears; 
     and
       (iii) in subclause (II)(aa), by inserting ``(or the 
     termination of the permanent partnership)'' after 
     ``termination of the marriage''.
       (b) Immigration Fraud Prevention.--Section 204(c) (8 U.S.C. 
     1154(c)) is amended--
       (1) by inserting ``or permanent partner'' after ``spouse'' 
     each place it appears; and
       (2) by inserting ``or permanent partnership'' after 
     ``marriage'' each place it appears.

     SEC. 7. ANNUAL ADMISSION OF REFUGEES AND ADMISSION OF 
                   EMERGENCY SITUATION REFUGEES.

       Section 207(c) (8 U.S.C. 1157(c)) is amended--
       (1) in paragraph (2)--
       (A) by inserting ``, permanent partner,'' after ``spouse'' 
     each place it appears; and
       (B) by inserting ``, permanent partner's,'' after 
     ``spouse's''; and
       (2) in paragraph (4), by inserting ``, permanent partner,'' 
     after ``spouse''.

     SEC. 8. ASYLUM.

       Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended--
       (1) in the paragraph heading, by inserting ``, permanent 
     partner,'' after ``spouse''; and
       (2) in subparagraph (A), by inserting ``, permanent 
     partner,'' after ``spouse''.

[[Page 5993]]



     SEC. 9. ADJUSTMENT OF STATUS OF REFUGEES.

       Section 209(b)(3) (8 U.S.C. 1159(b)(3)) is amended by 
     inserting ``, permanent partner,'' after ``spouse''.

     SEC. 10. INADMISSIBLE ALIENS.

       (a) Classes of Aliens Ineligible for Visas or Admission.--
     Section 212(a) (8 U.S.C. 1182(a)) is amended--
       (1) in paragraph (3)(D)(iv), by inserting ``permanent 
     partner,'' after ``spouse,'';
       (2) in paragraph (4)(C)(i)(I), by inserting ``, permanent 
     partner,'' after ``spouse'';
       (3) in paragraph (6)(E)(ii), by inserting ``permanent 
     partner,'' after ``spouse,''; and
       (4) in paragraph (9)(B)(v), by inserting ``, permanent 
     partner,'' after ``spouse''.
       (b) Waivers.--Section 212(d) (8 U.S.C. 1182(d)) is 
     amended--
       (1) in paragraph (11), by inserting ``permanent partner,'' 
     after ``spouse,''; and
       (2) in paragraph (12), by inserting ``, permanent 
     partner,'' after ``spouse''.
       (c) Waivers of Inadmissibility on Health-related Grounds.--
     Section 212(g)(1)(A) (8 U.S.C. 1182(g)(1)(A)) is amended by 
     inserting ``, permanent partner,'' after ``spouse''.
       (d) Waivers of Inadmissibility on Criminal and Related 
     Grounds.--Section 212(h)(1)(B) (8 U.S.C. 1182(h)(1)(B)) is 
     amended by inserting ``permanent partner,'' after 
     ``spouse,''.
       (e) Waiver of Inadmissibility for Misrepresentation.--
     Section 212(i)(1) (8 U.S.C. 1182(i)(1)) is amended by 
     inserting ``permanent partner,'' after ``spouse,''.

     SEC. 11. NONIMMIGRANT STATUS FOR PERMANENT PARTNERS AWAITING 
                   THE AVAILABILITY OF AN IMMIGRANT VISA.

       Section 214(r) (8 U.S.C. 1184(r)) is amended--
       (1) in paragraph (1), by inserting ``or permanent partner'' 
     after ``spouse''; and
       (2) in paragraph (2), by inserting ``or permanent 
     partnership'' after ``marriage'' each place it appears.

     SEC. 12. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN 
                   ALIEN SPOUSES, PERMANENT PARTNERS, AND SONS AND 
                   DAUGHTERS.

       (a) Section Heading.--
       (1) In general.--The heading for section 216 (8 U.S.C. 
     1186a) is amended by striking ``and sons'' and inserting ``, 
     permanent partners, sons,''.
       (2) Clerical amendment.--The table of contents is amended 
     by amending the item relating to section 216 to read as 
     follows:

``Sec. 216. Conditional permanent resident status for certain alien 
              spouses, permanent partners, sons, and daughters.''.

       (b) In General.--Section 216(a) (8 U.S.C. 1186a(a)) is 
     amended--
       (1) in paragraph (1), by inserting ``or permanent partner'' 
     after ``spouse''; and
       (2) in paragraph (2)--
       (A) in subparagraph (A), by inserting ``or permanent 
     partner'' after ``spouse'';
       (B) in subparagraph (B), by inserting ``permanent 
     partner,'' after ``spouse,''; and
       (C) in subparagraph (C), by inserting ``permanent 
     partner,'' after ``spouse,''.
       (c) Termination of Status if Finding That Qualifying 
     Marriage Improper.--Section 216(b) (8 U.S.C. 1186a(b)) is 
     amended--
       (1) in the subsection heading, by inserting ``or Permanent 
     Partnership'' after ``Marriage''; and
       (2) in paragraph (1)(A)--
       (A) by inserting ``or permanent partnership'' after 
     ``marriage''; and
       (B) in clause (ii)--
       (i) by inserting ``or has ceased to satisfy the criteria 
     for being considered a permanent partnership under this 
     Act,'' after ``terminated,''; and
       (ii) by inserting ``or permanent partner'' after 
     ``spouse''.
       (d) Requirements of Timely Petition and Interview for 
     Removal of Condition.--Section 216(c) (8 U.S.C. 1186a(c)) is 
     amended--
       (1) in paragraphs (1), (2)(A)(ii), (3)(A)(ii), (3)(C), 
     (4)(B), and (4)(C), by inserting ``or permanent partner'' 
     after ``spouse'' each place it appears; and
       (2) in paragraph (3)(A), (3)(D), (4)(B), and (4)(C), by 
     inserting ``or permanent partnership'' after ``marriage'' 
     each place it appears.
       (e) Contents of Petition.--Section 216(d)(1) (8 U.S.C. 
     1186a(d)(1)) is amended--
       (1) in subparagraph (A)--
       (A) in the heading, by inserting ``or permanent 
     partnership'' after ``marriage'';
       (B) in clause (i)--
       (i) by inserting ``or permanent partnership'' after 
     ``marriage'';
       (ii) in subclause (I), by inserting before the comma at the 
     end ``, or is a permanent partnership recognized under this 
     Act''; and
       (iii) in subclause (II)--

       (I) by inserting ``or has not ceased to satisfy the 
     criteria for being considered a permanent partnership under 
     this Act,'' after ``terminated,''; and
       (II) by inserting ``or permanent partner'' after 
     ``spouse''; and

       (C) in clause (ii), by inserting ``or permanent partner'' 
     after ``spouse''; and
       (2) in subparagraph (B)(i)--
       (A) by inserting ``or permanent partnership'' after 
     ``marriage''; and
       (B) by inserting ``or permanent partner'' after ``spouse''.
       (f) Definitions.--Section 216(g) (8 U.S.C. 1186a(g)) is 
     amended--
       (1) in paragraph (1)--
       (A) by inserting ``or permanent partner'' after ``spouse'' 
     each place it appears; and
       (B) by inserting ``or permanent partnership'' after 
     ``marriage'' each place it appears;
       (2) in paragraph (2), by inserting ``or permanent 
     partnership'' after ``marriage'';
       (3) in paragraph (3), by inserting ``or permanent 
     partnership'' after ``marriage''; and
       (4) in paragraph (4)--
       (A) by inserting ``or permanent partner'' after ``spouse'' 
     each place it appears; and
       (B) by inserting ``or permanent partnership'' after 
     ``marriage''.

     SEC. 13. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN 
                   ALIEN ENTREPRENEURS, SPOUSES, PERMANENT 
                   PARTNERS, AND CHILDREN.

       (a) In General.--Section 216A (8 U.S.C. 1186b) is amended--
       (1) in the section heading, by inserting ``, permanent 
     partners,'' after ``spouses''; and
       (2) in paragraphs (1), (2)(A), (2)(B), and (2)(C), by 
     inserting ``or permanent partner'' after ``spouse'' each 
     place it appears.
       (b) Termination of Status if Finding That Qualifying 
     Entrepreneurship Improper.--Section 216A(b)(1) (8 U.S.C. 
     1186b(b)(1)) is amended by inserting ``or permanent partner'' 
     after ``spouse'' in the matter following subparagraph (C).
       (c) Requirements of Timely Petition and Interview for 
     Removal of Condition.--Section 216A(c) (8 U.S.C. 1186b(c)) is 
     amended, in paragraphs (1), (2)(A)(ii), and (3)(C), by 
     inserting ``or permanent partner'' after ``spouse''.
       (d) Definitions.--Section 216A(f)(2) (8 U.S.C. 1186b(f)(2)) 
     is amended by inserting ``or permanent partner'' after 
     ``spouse'' each place it appears.
       (e) Clerical Amendment.--The table of contents is amended 
     by amending the item relating to section 216A to read as 
     follows:

``Sec. 216A. Conditional permanent resident status for certain alien 
              entrepreneurs, spouses, permanent partners, and 
              children.''.

     SEC. 14. DEPORTABLE ALIENS.

       Section 237(a)(1) (8 U.S.C. 1227(a)(1)) is amended--
       (1) in subparagraph (D)(i), by inserting ``or permanent 
     partners'' after ``spouses'' each place it appears;
       (2) in subparagraphs (E)(ii), (E)(iii), and (H)(i)(I), by 
     inserting ``or permanent partner'' after ``spouse'';
       (3) by inserting after subparagraph (E) the following:
       ``(F) Permanent partnership fraud.--An alien shall be 
     considered to be deportable as having procured a visa or 
     other documentation by fraud (within the meaning of section 
     212(a)(6)(C)(i)) and to be in the United States in violation 
     of this Act (within the meaning of subparagraph (B)) if--
       ``(i) the alien obtains any admission to the United States 
     with an immigrant visa or other documentation procured on the 
     basis of a permanent partnership entered into less than 2 
     years before such admission and which, within 2 years 
     subsequent to such admission, is terminated because the 
     criteria for permanent partnership are no longer fulfilled, 
     unless the alien establishes to the satisfaction of the 
     Secretary of Homeland Security that such permanent 
     partnership was not contracted for the purpose of evading any 
     provision of the immigration laws; or
       ``(ii) it appears to the satisfaction of the Secretary of 
     Homeland Security that the alien has failed or refused to 
     fulfill the alien's permanent partnership, which the 
     Secretary of Homeland Security determines was made for the 
     purpose of procuring the alien's admission as an 
     immigrant.''; and
       (4) in paragraphs (2)(E)(i) and (3)(C)(ii), by inserting 
     ``or permanent partner'' after ``spouse'' each place it 
     appears.

     SEC. 15. REMOVAL PROCEEDINGS.

       Section 240 (8 U.S.C. 1229a) is amended--
       (1) in the heading of subsection (c)(7)(C)(iv), by 
     inserting ``permanent partners,'' after ``spouses,''; and
       (2) in subsection (e)(1), by inserting ``permanent 
     partner,'' after ``spouse,''.

     SEC. 16. CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS.

       Section 240A(b) (8 U.S.C. 1229b(b)) is amended--
       (1) in paragraph (1)(D), by inserting ``or permanent 
     partner'' after ``spouse''; and
       (2) in paragraph (2)--
       (A) in the paragraph heading, by inserting ``, permanent 
     partner,'' after ``spouse''; and
       (B) in subparagraph (A), by inserting ``, permanent 
     partner,'' after ``spouse'' each place it appears.

     SEC. 17. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF 
                   PERSON ADMITTED FOR PERMANENT RESIDENCE.

       (a) Prohibition on Adjustment of Status.--Section 245(d) (8 
     U.S.C. 1255(d)) is amended by inserting ``or permanent 
     partnership'' after ``marriage''.
       (b) Avoiding Immigration Fraud.--Section 245(e) (8 U.S.C. 
     1255(e)) is amended--
       (1) in paragraph (1), by inserting ``or permanent 
     partnership'' after ``marriage''; and
       (2) by adding at the end the following:
       ``(4)(A) Paragraph (1) and section 204(g) shall not apply 
     with respect to a permanent partnership if the alien 
     establishes by clear and convincing evidence to the 
     satisfaction of the Secretary of Homeland Security that--

[[Page 5994]]

       ``(i) the permanent partnership was entered into in good 
     faith and in accordance with section 101(a)(52);
       ``(ii) the permanent partnership was not entered into for 
     the purpose of procuring the alien's admission as an 
     immigrant; and
       ``(iii) no fee or other consideration was given (other than 
     a fee or other consideration to an attorney for assistance in 
     preparation of a lawful petition) for the filing of a 
     petition under section 204(a) or 214(d) with respect to the 
     alien permanent partner.
       ``(B) The Secretary shall promulgate regulations that 
     provide for only 1 level of administrative appellate review 
     for each alien under subparagraph (A).''.
       (c) Adjustment of Status for Certain Aliens Paying Fee.--
     Section 245(i)(1)(B) (8 U.S.C. 1255(i)(1)(B)) is amended by 
     inserting ``, permanent partner,'' after ``spouse''.

     SEC. 18. APPLICATION OF CRIMINAL PENALTIES TO FOR 
                   MISREPRESENTATION AND CONCEALMENT OF FACTS 
                   REGARDING PERMANENT PARTNERSHIPS.

       Section 275(c) (8 U.S.C. 1325(c)) is amended to read as 
     follows:
       ``(c) Any individual who knowingly enters into a marriage 
     or permanent partnership for the purpose of evading any 
     provision of the immigration laws shall be imprisoned for not 
     more than 5 years, fined not more than $250,000, or both.''.

     SEC. 19. REQUIREMENTS AS TO RESIDENCE, GOOD MORAL CHARACTER, 
                   ATTACHMENT TO THE PRINCIPLES OF THE 
                   CONSTITUTION.

       Section 316(b) (8 U.S.C. 1427(b)) is amended by inserting 
     ``, permanent partner,'' after ``spouse''.

     SEC. 20. NATURALIZATION FOR PERMANENT PARTNERS OF CITIZENS.

       (a) In General.--Section 319 (8 U.S.C. 1430) is amended--
       (1) in subsection (a)--
       (A) by inserting ``or permanent partner'' after ``spouse'' 
     each place it appears; and
       (B) by inserting ``or permanent partnership'' after 
     ``marital union'';
       (2) in subsection (b)--
       (A) in paragraph (1), by inserting ``or permanent partner'' 
     after ``spouse'';
       (B) in paragraph (3), by inserting ``or permanent partner'' 
     after ``spouse'';
       (3) in subsection (d)--
       (A) by inserting ``or permanent partner'' after ``spouse'' 
     each place it appears; and
       (B) by inserting ``or permanent partnership'' after 
     ``marital union'';
       (4) in subsection (e)(1)--
       (A) by inserting ``or permanent partner'' after ``spouse''; 
     and
       (B) by inserting ``by the Secretary of Defense'' after ``is 
     authorized''; and
       (C) by inserting ``or permanent partnership'' after 
     ``marital union''; and
       (5) in subsection (e)(2), by inserting ``or permanent 
     partner'' after ``spouse''.
       (b) Savings Provision.--Section 319(e) (8 U.S.C. 1430(e)) 
     is amended by adding at the end the following:
       ``(3) Nothing in this subsection may be construed to confer 
     a right for an alien to accompany a member of the Armed 
     Forces of the United States or to reside abroad with such 
     member, except as authorized by the Secretary of Defense in 
     the member's official orders.''.

     SEC. 21. APPLICATION OF FAMILY UNITY PROVISIONS TO PERMANENT 
                   PARTNERS OF CERTAIN LIFE ACT BENEFICIARIES.

       Section 1504 of the LIFE Act Amendments of 2000 (division B 
     of Public Law 106-554; 114 Stat. 2763-325) is amended--
       (1) in the heading, by inserting ``, PERMANENT PARTNERS,'' 
     after ``SPOUSES'';
       (2) in subsection (a), by inserting ``, permanent 
     partner,'' after ``spouse''; and
       (3) in each of subsections (b) and (c)--
       (A) in each of the subsection headings, by inserting ``, 
     Permanent Partners,'' after ``Spouses''; and
       (B) by inserting ``, permanent partner,'' after ``spouse'' 
     each place it appears.

     SEC. 22. APPLICATION TO CUBAN ADJUSTMENT ACT.

       (a) In General.--The first section of Public Law 89-732 (8 
     U.S.C. 1255 note) is amended--
       (1) in the next to last sentence, by inserting ``, 
     permanent partner,'' after ``spouse'' the first 2 places it 
     appears; and
       (2) in the last sentence, by inserting ``, permanent 
     partners,'' after ``spouses''.
       (b) Conforming Amendment.--Section 101(a)(51)(D) (8 U.S.C. 
     1101(a)(51)(D)) is amended by striking ``or spouse'' and 
     inserting ``, spouse, or permanent partner''.
                                 ______
                                 
      By Mr. COONS:
  S. 825. A bill to amend the Internal Revenue Code of 1986 to 
permanently extend and modify the research tax credit, and for other 
purposes; to the Committee on Finance.
  Mr. COONS. Mr. President, I rise today to introduce my first bill in 
the Senate, one I believe will promote competitiveness and spur the 
growth of sustainable middle class jobs. As I noted in my maiden speech 
in January, the people of Delaware sent me here with a mission to work 
with my colleagues to help create jobs and get our economy moving 
again.
  My bill, the Job Creation Through Innovation Act, will do just that. 
By making strategic investments in research and development and 
incentives for economic growth, this legislation will help companies in 
Delaware and across the United States innovate, create jobs, and 
compete globally.
  First, it will simplify, expand, and make permanent the Research and 
Development Tax Credit. When this credit was enacted into law in 1981, 
the United States was the best place in the world to perform research 
and development. Thirty years and fourteen temporary extensions later, 
we still do not have a permanent R&D credit on the books. Passing 
temporary extensions, one after another, undermines the very purpose of 
this credit. Whenever there is uncertainty about the credit's future 
availability, businesses discount its value, and we reap only the 
counterproductive effect of reducing the credit's benefit to our 
economy. Research and development projects are never stop-and-go, and 
the R&D tax credit shouldn't be either.
  Second, many new small businesses today are ineligible for the R&D 
credit, because they are not yet profitable. My bill will create a new 
Small Business Innovation Credit, which will provide much-needed 
support to these start-ups. Currently, the R&D credit is non-
refundable, so only those companies with income tax liability benefit 
from it. This poses a special problem for research-intensive start-up 
businesses--just the sort of businesses that have the potential to 
develop revolutionary technologies and products. Such firms often spend 
their first several years operating at a loss while spending a great 
deal of money on research and development. The Small Business 
Innovation Credit will address this by allowing companies with 500 
employees or fewer to claim a refundable R&D credit.
  Another provision of my bill is a new Domestic Manufacturing Tax 
Credit, which will provide additional tax incentives to companies that 
both conduct research and manufacture their products right here in 
America. This will reward companies that invest in America and give 
multinational firms another reason to keep manufacturing jobs from 
being shipped overseas.
  The Job Creation Through Innovation Act would additionally extend the 
Section 1603 Treasury Grants Program--or ``TGP''--and the Advanced 
Energy Manufacturing Credit. Both of these were authorized in the 
Recovery Act and are designed to promote clean energy technology and 
investment. Both have also had a significant and beneficial impact on 
energy project developers and manufacturers in my home state of 
Delaware and other states in the past 2 years.
  The TGP provides payments for specified energy property in lieu of 
investment tax credits and production tax credits. Economic certainty 
is critical to wind, solar, biofuel, geothermal, and other clean energy 
projects, and, according to a survey of leading participants in the tax 
equity market, without an extension of the TGP the anticipated total 
financing available for renewable resource projects would decrease 
significantly, should it be left to expire at the end of 2011. My bill 
extends the TGP for another year.
  The Advanced Energy Manufacturing Credit, also called the 48C 
Incentive, provides a thirty percent investment tax credit to domestic 
manufacturers who build or expand facilities that produce a range of 
clean energy products and technologies. These credits can also be used 
to leverage private investment, and it is estimated that this tax 
credit has to date helped businesses raise more than $5.4 billion from 
just a $2.3 billion Federal investment. It is also estimated to have 
created 58,000 jobs. My bill will provide an additional $5 billion in 
incentives, of which up to $1.5 billion would be made available to 
companies whose applications are already pending under the original 
solicitation.
  In my maiden speech in January, I spoke at length about the new 
agenda for manufacturing I intend to promote during my service in the 
Senate, and this bill is just the first step. I am proud that Delaware 
is already on the cutting-edge of the high-tech and clean energy 
manufacturing revolution I believe will be the key to winning the 
future.

[[Page 5995]]

  While we are all rightly focused now on the deficit and cutting our 
budget, we must also think ahead and make those long-term investments 
that will boost our economy, incentivize clean energy resources and 
manufacturing, and grow the jobs we need to sustain a strong middle 
class in this country for years to come. I hope my colleagues will join 
me in this effort, and I commend those who already have.
  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. 825

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

     SECTION 1. SHORT TITLE.

       (a) Short Title.--This Act may be cited as the ``Job 
     Creation Through Innovation Act''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this Act an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.

     SEC. 2. USE OF ONLY SIMPLIFIED RESEARCH CREDIT AFTER 2011; 
                   EXPANSION AND PERMANENT EXTENSION.

       (a) Simplified Credit for Qualified Research Expenses.--
     Subsection (a) of section 41 is amended to read as follows:
       ``(a) General Rule.--
       ``(1) Credit determined.--For purposes of section 38, the 
     research credit determined under this section for the taxable 
     year shall be an amount equal to 20 percent of so much of the 
     qualified research expenses for the taxable year as exceeds 
     50 percent of the average qualified research expenses for the 
     3 taxable years preceding the taxable year for which the 
     credit is being determined.
       ``(2) Special rule in case of no qualified research 
     expenses in any of 3 preceding taxable years.--
       ``(A) Taxpayers to which paragraph applies.--The credit 
     under this section shall be determined under this paragraph 
     if the taxpayer has no qualified research expenses in any one 
     of the 3 taxable years preceding the taxable year for which 
     the credit is being determined.
       ``(B) Credit rate.--The credit determined under this 
     paragraph shall be equal to 10 percent of the qualified 
     research expenses for the taxable year.''.
       (b) Conforming Amendments.--
       (1) Termination of base amount calculation.--Section 41 is 
     amended by striking subsection (c) and redesignating 
     subsection (d) as subsection (c).
       (2) Termination of basic research payment calculation.--
     Section 41 is amended by striking subsection (e) and 
     redesignating subsections (f) and (g) as subsections (d) and 
     (e), respectively.
       (3) Special rules.--
       (A) Paragraph (1)(A)(ii) of subsection (d) of section 41, 
     as so redesignated, is amended by striking ``shares of the 
     qualified research expenses, basic research payments, and 
     amounts paid or incurred to energy research consortiums,'' 
     and inserting ``share of the qualified research expenses''.
       (B) Paragraph (1)(B)(ii) of section 41(d), as so 
     redesignated, is amended by striking ``shares of the 
     qualified research expenses, basic research payments, and 
     amounts paid or incurred to energy research consortiums,'' 
     and inserting ``share of the qualified research expenses''.
       (C) Paragraph (3) of section 41(d), as so redesignated, is 
     amended--
       (i) by striking ``, and the gross receipts of the 
     taxpayer'' and all that follows in subparagraph (A) and 
     inserting a period,
       (ii) by striking ``, and the gross receipts of the 
     taxpayer'' and all that follows in subparagraph (B) and 
     inserting a period, and
       (iii) by striking subparagraph (C).
       (D) Paragraph (4) of section 41(d), as so redesignated, is 
     amended by striking ``and gross receipts''.
       (E) Subsection (d) of section 41, as so redesignated, is 
     amended by striking paragraph (6).
       (4) Permanent extension.--
       (A) Section 41 is amended by striking subsection (h).
       (B) Section 45C(b)(1) is amended by striking subparagraph 
     (D).
       (5) Cross-references.--
       (A) Paragraphs (2)(A) and (4) of section 41(b) are each 
     amended by striking ``subsection (f)(1)'' and inserting 
     ``subsection (d)(1)''.
       (B) Paragraph (2) of section 45C(c) is amended by striking 
     ``base period research expenses'' and inserting ``average 
     qualified research expenses''.
       (C) Paragraph (3) of section 45C(d) is amended by striking 
     ``section 41(f)'' and inserting ``section 41(d)''.
       (D) Paragraph (2) of section 45G(e) is amended by striking 
     ``section 41(f)'' and inserting ``section 41(d)''.
       (E) Subsection (g) of section 45O is amended by striking 
     ``section 41(f)'' and inserting ``section 41(d)''.
       (F) Subparagraph (A) of section 54(l)(3) is amended by 
     striking ``section 41(g)'' and inserting ``section 41(e)''.
       (G) Clause (i) of section 170(e)(4)(B) is amended to read 
     as follows:
       ``(i) the contribution is to a qualified organization,''.
       (H) Paragraph (4) of section 170(e) is amended by adding at 
     the end the following new subparagraph:
       ``(E) Qualified organization.--For purposes of this 
     paragraph, the term `qualified organization' means--
       ``(i) any educational organization which--

       ``(I) is an institution of higher education (within the 
     meaning of section 3304(f)), and
       ``(II) is described in subsection (b)(1)(A)(ii), or

       ``(ii) any organization not described in clause (i) which--

       ``(I) is described in section 501(c)(3) and is exempt from 
     tax under section 501(a),
       ``(II) is organized and operated primarily to conduct 
     scientific research, and
       ``(III) is not a private foundation.''.

       (I) Subsection (f) of section 197 is amended by striking 
     ``section 41(f)(1)'' each place it appears in paragraphs 
     (1)(C) and (9)(C)(i) and inserting ``section 41(d)(1)''.
       (J) Section 280C is amended--
       (i) by striking ``41(f)'' each place it appears in 
     subsection (b)(3) and inserting ``41(d)'',
       (ii) by striking ``or basic research expenses (as defined 
     in section 41(e)(2))'' in subsection (c)(1),
       (iii) by striking ``section 41(a)(1)'' in subsection 
     (c)(2)(A) and inserting ``section 41(a)'', and
       (iv) by striking ``or basic research expenses'' in 
     subsection (c)(2)(B).
       (K) Subclause (IV)(c) of section 936(h)(5)(C)(i) is amended 
     by striking ``section 41(f)'' and inserting ``section 
     41(d)''.
       (L) Subparagraph (D) of section 936(j)(5) is amended by 
     striking ``section 41(f)(3)'' and inserting ``section 
     41(d)(3)''.
       (M) Clause (i) of section 965(c)(2)(C) is amended by 
     striking ``section 41(f)(3)'' and inserting ``section 
     41(d)(3)''.
       (N) Clause (i) of section 1400N(l)(7)(B) is amended by 
     striking ``section 41(g)'' and inserting ``section 41(e)''.
       (c) Technical Corrections.--Section 409 is amended--
       (1) by inserting ``, as in effect before the enactment of 
     the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' 
     in subsection (b)(1)(A),
       (2) by inserting ``, as in effect before the enactment of 
     the Tax Reform Act of 1984'' after ``relating to the employee 
     stock ownership credit'' in subsection (b)(4),
       (3) by inserting ``(as in effect before the enactment of 
     the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' 
     in subsection (i)(1)(A),
       (4) by inserting ``(as in effect before the enactment of 
     the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' 
     in subsection (m),
       (5) by inserting ``(as so in effect)'' after ``section 
     48(n)(1)'' in subsection (m),
       (6) by inserting ``(as in effect before the enactment of 
     the Tax Reform Act of 1984)'' after ``section 48(n)'' in 
     subsection (q)(1), and
       (7) by inserting ``(as in effect before the enactment of 
     the Tax Reform Act of 1984)'' after ``section 41'' in 
     subsection (q)(3).
       (d) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to taxable years 
     beginning after December 31, 2011.
       (2) Technical corrections.--The amendments made by 
     subsection (c) shall take effect on the date of the enactment 
     of this Act.

     SEC. 3. ENHANCED RESEARCH CREDIT FOR DOMESTIC MANUFACTURERS.

       (a) In General.--Section 41, as amended by section 3, is 
     amended by redesignating subsection (f) as subsection (g) and 
     by inserting after subsection (e) the following new 
     subsection:
       ``(f) Enhanced Credit for Domestic Manufacturers.--
       ``(1) In general.--In the case of a qualified domestic 
     manufacturer, this section shall be applied by increasing the 
     20 percent amount in subsection (a)(1) by the bonus amount.
       ``(2) Qualified domestic manufacturer.--For purposes of 
     this subsection--
       ``(A) In general.--The term `qualified domestic 
     manufacturer' means a taxpayer who has domestic production 
     gross receipts which are more than 50 percent of total 
     production gross receipts.
       ``(B) Domestic production gross receipts.--The term 
     `domestic production gross receipts' has the meaning given to 
     such term under section 199(c)(4).
       ``(C) Total production gross receipts.--The term `total 
     production gross receipts' means the gross receipts of the 
     taxpayer which are described in section 199(c)(4), 
     determined--
       ``(i) without regard to whether property described in 
     subparagraph (A)(i)(I) or (A)(i)(III) thereof was 
     manufactured, produced, grown, or extracted in the United 
     States,
       ``(ii) by substituting `any property described in section 
     168(f)(3)' for `any qualified film' in subparagraph 
     (A)(i)(II) thereof, and
       ``(iii) without regard to whether any construction 
     described in subparagraph (A)(ii) thereof or services 
     described in subparagraph

[[Page 5996]]

     (A)(iii) thereof were performed in the United States.
       ``(3) Bonus amount.--For purposes of paragraph (1), the 
     bonus amount shall be determined as follows:

 
  ``If the percentage of total production
     gross receipts which are domestic          The bonus amount is:
       production gross receipts is:
 
More than 50 percent and not more than 60   2 percentage points
 percent.
More than 60 percent and not more than 70   4 percentage points
 percent.
More than 70 percent and not more than 80   6 percentage points
 percent.
More than 80 percent and not more than 90   8 percentage points
 percent.
More than 90 percent......................  10 percentage points.''.
 

       (b) Effective Date.--The amendment made by this section 
     shall apply to expenditures paid or incurred in taxable years 
     beginning after December 31, 2011.

     SEC. 4. RESEARCH CREDIT MADE REFUNDABLE FOR SMALL BUSINESSES.

       (a) In General.--Subsection (a) of section 41 of the 
     Internal Revenue Code of 1986, as amended by section 3, is 
     amended by adding at the end the following new paragraph:
       ``(3) Portion of credit refundable.--
       ``(A) In general.--For purposes of subsections (b) and (c) 
     of section 6401, the amount of the credit determined under 
     this section which is attributable to a qualified small 
     business shall be treated as a credit allowed under subpart C 
     of part IV of subchapter A for the taxable year (and not 
     under any other subpart). For purposes of section 6425, any 
     amount treated as so allowed shall be treated as a payment of 
     estimated income tax for the taxable year.
       ``(B) Qualified small business.--For purposes of this 
     paragraph, the term `qualified small business' means, with 
     respect to any taxable year, any person if the annual average 
     number of employees employed by such person during such 
     taxable year is 500 or fewer.''.
       (b) Conforming Amendment.--Section 1324(b)(2) of title 31, 
     United States Code, is amended by inserting ``41(a)(3),'' 
     after ``36A,''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2011.

     SEC. 5. EXTENSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY IN 
                   LIEU OF TAX CREDITS.

       (a) In General.--Subsection (a) of section 1603 of division 
     B of the American Recovery and Reinvestment Act of 2009 is 
     amended--
       (1) in paragraph (1), by striking ``or 2011'' and inserting 
     ``2011, or 2012'', and
       (2) in paragraph (2)--
       (A) by striking ``after 2011'' and inserting ``after 
     2012'', and
       (B) by striking ``or 2011'' and inserting ``2011, or 
     2012''.
       (b) Conforming Amendment.--Subsection (j) of section 1603 
     of division B of such Act is amended by striking ``2012'' and 
     inserting ``2013''.

     SEC. 6. EXTENSION OF THE ADVANCED ENERGY PROJECT CREDIT.

       (a) In General.--Subsection (d) of section 48C is amended 
     by adding at the end the following new paragraph:
       ``(6) Additional 2011 allocations.--
       ``(A) In general.--Not later than 180 days after the date 
     of the enactment of this paragraph, the Secretary, in 
     consultation with the Secretary of Energy, shall establish a 
     program to consider and award certifications for qualified 
     investments eligible for credits under this section to 
     qualifying advanced energy project sponsors with respect to 
     applications received on or after the date of the enactment 
     of this paragraph.
       ``(B) Limitation.--The total amount of credits that may be 
     allocated under the program described in subparagraph (A) 
     shall not exceed the 2011 allocation amount reduced by so 
     much of the 2011 allocation amount as is taken into account 
     as an increase in the limitation described in paragraph 
     (1)(B).
       ``(C) Application of certain rules.--Rules similar to the 
     rules of paragraphs (2), (3), (4), and (5) shall apply for 
     purposes of the program described in subparagraph (A), except 
     that--
       ``(i) Certification.--Applicants shall have 2 years from 
     the date that the Secretary establishes such program to 
     submit applications.
       ``(ii) Selection criteria.--For purposes of paragraph 
     (3)(B)(i), the term `domestic job creation (both direct and 
     indirect)' means the creation of direct jobs in the United 
     States producing the property manufactured at the 
     manufacturing facility described under subsection 
     (c)(1)(A)(i), and the creation of indirect jobs in the 
     manufacturing supply chain for such property in the United 
     States.
       ``(iii) Review and redistribution.--The Secretary shall 
     conduct a separate review and redistribution under paragraph 
     (5) with respect to such program not later than 4 years after 
     the date of the enactment of this paragraph.
       ``(D) 2011 allocation amount.--For purposes of this 
     subsection, the term `2011 allocation amount' means 
     $5,000,000,000.
       ``(E) Direct payments.--In lieu of any qualifying advanced 
     energy project credit which would otherwise be determined 
     under this section with respect to an allocation to a 
     taxpayer under this paragraph, the Secretary shall, upon the 
     election of the taxpayer, make a grant to the taxpayer in the 
     amount of such credit as so determined. Rules similar to the 
     rules of section 50 shall apply with respect to any grant 
     made under this subparagraph.''.
       (b) Portion of 2011 Allocation Allocated Toward Pending 
     Applications Under Original Program.--Subparagraph (B) of 
     section 48C(d)(1) is amended by inserting ``(increased by so 
     much of the 2011 allocation amount (not in excess of 
     $1,500,000,000) as the Secretary determines necessary to make 
     allocations to qualified investments with respect to which 
     qualifying applications were submitted before the date of the 
     enactment of paragraph (6))'' after ``$2,300,000,000''.
       (c) Conforming Amendment.--Paragraph (2) of section 1324(b) 
     of title 31, United States Code, is amended by inserting 
     ``48C(d)(6)(E),'' after ``36C,''.
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 826. A bill to require the Secretary of the Treasury to establish 
a program to provide loans and loan guarantees to enable eligible 
public entities to acquire interests in real property that are in 
compliance with habitat conversation plans approved by the Secretary of 
the Interior under the Endangered Species Act of 1973, and for other 
purposes; to the Committee on Environment and Public Works.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce the 
Infrastructure Facilitation and Habitat Conservation Act of 2011.
  This legislation will make it easier for communities to build 
infrastructure and grow by allowing to access federal loan guarantees 
when they conserve land to mitigate the impacts to the environment and 
endangered species.
  This bill creates a ten year pilot program, to be administered 
jointly by the Secretaries of the Interior and Treasury, making credit 
more readily available to eligible public entities which are sponsors 
of Habitat Conservation Plans, HCPs, under section 10 of the Endangered 
Species Act of 1973.
  Habitat Conservation Plans were authorized by an amendment to the 
Endangered Species Act in 1982 as a means to permanently protect the 
habitat of threatened and endangered species, while facilitating the 
development of infrastructure, through issuance of a long-term 
``incidental take permit''. More than 500 such plans have been approved 
by the Secretary of the Interior, providing protection for nearly 50 
million acres of habitat nationwide and allowing development and 
infrastructure to proceed.
  Equally important, HCPs are very effective in avoiding, minimizing 
and mitigating the effects of development on endangered species and 
their habitats. HCPs are an essential tool, as Congress intended, in 
balancing the requirements of the Endangered Species Act with on-going 
infrastructure construction and development activity.
  In California, the Western Riverside County Multiple-Species HCP is a 
prime example of effective habitat management. The Western Riverside 
MSHCP covers an area of 1.26 million acres, of which 500,000 will be 
permanently protected for the benefit of 146 species of plants and 
animals. At the same time, it is building its infrastructure and 
transportation needs for the next century.
  To date, more than 40,000 acres of property have been conserved. In 
the case of the Western Riverside MSHCP, as with other HCPs nationwide, 
this strategy for advance mitigation of environmental impacts has 
facilitated the development of much-needed transportation 
infrastructure.
  Riverside has been one of the Nation's fastest growing counties, with 
a rate of growth during the last decade of 42 percent. Unless the 
development of infrastructure can be made to keep pace with this 
explosive population growth, neither environmental or livability goals 
will be attained.
  Owing to the economic downturn, however, the pace of habitat 
acquisition in Western Riverside and other similarly-situated 
communities has slowed to a crawl. Revenue which had been generated to 
finance acquisition of habitat during periods of robust development has 
also slowed to a trickle, at just the moment when real estate values 
are at historic lows.

[[Page 5997]]

  Ready access to capital during this period would enable Western 
Riverside to complete its habitat acquisition program for half of what 
it was estimated to cost in 2008, for a savings of $2 billion.
  Under this bill, loan guarantee applicants would have to demonstrate 
their credit-worthiness and the likely success of their habitat 
acquisition programs. Priority would be given to HCPs in biologically 
rich regions whose natural attributes are threatened by rapid 
development. Other than the modest costs of administration, the bill 
would entail no federal expenditure unless the local government 
defaulted a very rare occurrence.
  The Federal guarantees will assure access to commercial credit at 
reduced rates of interest, enabling these communities to take advantage 
of temporarily low prices for habitat. Prompt enactment of this 
legislation will provide multiple benefits at very low cost to the 
Federal taxpayer protection of more habitat more quickly, accelerated 
development of infrastructure with minimum environmental impact, and 
reduction in the total cost of HCP land acquisition.
  I urge my colleagues to support this legislation. I believe it will 
encourage development and growth and conservation of land and 
protection of endangered species, at minimal Federal risk. It is 
exactly the Federal local partnership that we need to use to maximize 
efficient use of Federal dollars.
  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. 826

       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 ``Infrastructure Facilitation 
     and Habitat Conservation Act of 2011''.

     SEC. 2. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM.

       (a) Definitions.--In this section:
       (1) Eligible public entity.--The term ``eligible public 
     entity'' means a political subdivision of a State, 
     including--
       (A) a duly established town, township, or county;
       (B) an entity established for the purpose of regional 
     governance;
       (C) a special purpose entity; and
       (D) a joint powers authority, or other entity certified by 
     the Governor of a State, to have authority to implement a 
     habitat conservation plan pursuant to section 10(a) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1539(a)).
       (2) Program.--The term ``program'' means the conservation 
     loan and loan guarantee program established by the Secretary 
     under subsection (b)(1).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury.
       (b) Loan and Loan Guarantee Program.--
       (1) Establishment.--As soon as practicable after the date 
     of enactment of this Act, the Secretary shall establish a 
     program to provide loans and loan guarantees to eligible 
     public entities to enable eligible public entities to acquire 
     interests in real property that are acquired pursuant to 
     habitat conservation plans approved by the Secretary of the 
     Interior under section 10 of the Endangered Species Act of 
     1973 (16 U.S.C. 1539).
       (2) Application; approval process.--
       (A) Application.--
       (i) In general.--To be eligible to receive a loan or loan 
     guarantee under the program, an eligible public entity shall 
     submit to the Secretary an application at such time, in such 
     form and manner, and including such information as the 
     Secretary may require.
       (ii) Solicitation of applications.--Not less frequently 
     than once per calendar year, the Secretary shall solicit from 
     eligible public entities applications for loans and loan 
     guarantees in accordance with this section.
       (B) Approval process.--
       (i) Submission of applications to secretary of the 
     interior.--As soon as practicable after the date on which the 
     Secretary receives an application under subparagraph (A), the 
     Secretary shall submit the application to the Secretary of 
     the Interior for review.
       (ii) Review by secretary of the interior.--

       (I) Review.--As soon as practicable after the date of 
     receipt of an application by the Secretary under clause (i), 
     the Secretary of the Interior shall conduct a review of the 
     application to determine whether--

       (aa) the eligible public entity is implementing a habitat 
     conservation plan that has been approved by the Secretary of 
     the Interior under section 10 of the Endangered Species Act 
     of 1973 (16 U.S.C. 1539);
       (bb) the habitat acquisition program of the eligible public 
     entity would very likely be completed; and
       (cc) the eligible public entity has adopted a complementary 
     plan for sustainable infrastructure development that provides 
     for the mitigation of environmental impacts.

       (II) Report to secretary.--Not later than 60 days after the 
     date on which the Secretary of the Interior receives an 
     application under subclause (I), the Secretary of the 
     Interior shall submit to the Secretary a report that 
     contains--

       (aa) an assessment of each factor described in subclause 
     (I); and
       (bb) a recommendation regarding the approval or disapproval 
     of a loan or loan guarantee to the eligible public entity 
     that is the subject of the application.

       (III) Consultation with secretary of commerce.--To the 
     extent that the Secretary of the Interior considers to be 
     appropriate to carry out this clause, the Secretary of the 
     Interior may consult with the Secretary of Commerce.

       (iii) Approval by secretary.--

       (I) In general.--Not later than 120 days after receipt of 
     an application under subparagraph (A), the Secretary shall 
     approve or disapprove the application.
       (II) Factors.--In approving or disapproving an application 
     of an eligible public entity under subclause (I), the 
     Secretary may consider--

       (aa) whether the financial plan of the eligible public 
     entity for habitat acquisition is sound and sustainable;
       (bb) whether the eligible public entity has the ability to 
     repay a loan or meet the terms of a loan guarantee under the 
     program;
       (cc) any factor that the Secretary determines to be 
     appropriate; and
       (dd) the recommendation of the Secretary of the Interior.

       (III) Preference.--In approving or disapproving 
     applications of eligible public entities under subclause (I), 
     the Secretary shall give preference to eligible public 
     entities located in biologically rich regions in which rapid 
     growth and development threaten successful implementation of 
     approved habitat conservation plans, as determined by the 
     Secretary in cooperation with the Secretary of the Interior.

       (C) Administration of loans and loan guarantees.--
       (i) Report to secretary of the interior.--Not later than 60 
     days after the date on which the Secretary approves or 
     disapproves an application under subparagraph (B)(iii), the 
     Secretary shall submit to the Secretary of the Interior a 
     report that contains the decision of the Secretary to approve 
     or disapprove the application.
       (ii) Duty of secretary.--As soon as practicable after the 
     date on which the Secretary approves an application under 
     subparagraph (B)(iii), the Secretary shall--

       (I) establish the loan or loan guarantee with respect to 
     the eligible public entity that is the subject of the 
     application (including such terms and conditions as the 
     Secretary may prescribe); and
       (II) carry out the administration of the loan or loan 
     guarantee.

       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this section 
     such sums as are necessary.
       (d) Termination of Authority.--The authority under this 
     section shall terminate on the date that is 10 years after 
     the date of enactment of this Act.
                                 ______
                                 
      By Mr. UDALL of Colorado (for himself and Ms. Collings):
  S. 828. A bill to amend the Energy Policy and Conservation Act to 
establish the Office of Energy Efficiency and Renewable Energy as the 
lead Federal agency for coordinating Federal, State, and local 
assistance provided to promote the energy retrofitting of schools; to 
the Committee on Energy and Natural Resources.
  Mr. UDALL of Colorado. Mr. President, today I am introducing a 
bipartisan bill along with my colleague Senator Collins to help improve 
the health and efficiency of our schools by making them more energy 
efficient, while creating much-needed jobs in the process. Though it is 
often over-looked, energy efficiency is a huge job creator. Not only 
does it create jobs through the purchase and installation of efficient 
materials, it frees up scarce school finances to retain teachers and 
important programs.
  There are numerous Federal programs and funds already available to 
schools to help them become more energy efficient. However, as I 
learned in my travels across Colorado, schools face a morass of 
programs and agency offices across the government, and it is 
challenging for schools to take full advantage of them.
  The bipartisan Streamlining Energy Efficiency for Schools Act of 2011 
will force the government to coordinate their efforts so that schools 
are less confused and they can better navigate the existing Federal 
programs and financing options available to them. Put

[[Page 5998]]

simply, it will streamline the Federal Government while still leaving 
decisions to the States, school boards and local officials to determine 
what is best for their schools.
  I have seen the benefits of energy efficient buildings first hand 
when traveling in Colorado. The Cherry Creek School District in 
Greenwood Village, Colorado has incorporated day lighting techniques 
and ice storage to cool the buildings during the day. Because of these 
innovative improvements, the school district has enjoyed significant 
cost savings. In another example, the Poudre School District in Fort 
Collins, Colorado, actively promotes sustainable design guidelines, 
calling it their ``Ethic of Sustainability.'' This program includes an 
elementary school in Fort Collins that actually uses recycled blue 
jeans as insulation for the school buildings.
  I hope that in passing this bill we will see more examples of these 
successful and creative projects across the country--projects that will 
increase the efficiency of our schools and teach our students about the 
importance of saving energy. I urge my colleagues--of both parties--to 
join me in supporting this bipartisan legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 828

       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 ``Streamlining Energy 
     Efficiency for Schools Act of 2011''.

     SEC. 2. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR 
                   SCHOOLS.

       Section 392 of the Energy Policy and Conservation Act (42 
     U.S.C. 6371a) is amended by adding at the end the following:
       ``(e) Coordination of Energy Retrofitting Assistance for 
     Schools.--
       ``(1) Definition of school.--In this subsection, the term 
     `school' means--
       ``(A) an elementary school or secondary school (as defined 
     in section 9101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7801));
       ``(B) an institution of higher education (as defined in 
     section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1002(a));
       ``(C) a school of the defense dependents' education system 
     under the Defense Dependents' Education Act of 1978 (20 
     U.S.C. 921 et seq.) or established under section 2164 of 
     title 10, United States Code;
       ``(D) a school operated by the Bureau of Indian Affairs;
       ``(E) a tribally controlled school (as defined in section 
     5212 of the Tribally Controlled Schools Act of 1988 (25 
     U.S.C. 2511); and
       ``(F) a Tribal College or University (as defined in section 
     316(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059c(b))).
       ``(2) Designation of lead agency.--The Secretary, acting 
     through the Office of Energy Efficiency and Renewable Energy, 
     shall act as the lead Federal agency for coordinating and 
     disseminating information on existing Federal programs and 
     assistance that may be used to help initiate, develop, and 
     finance energy efficiency, renewable energy, and energy 
     retrofitting projects for schools.
       ``(3) Requirements.--In carrying out coordination and 
     outreach under paragraph (2), the Secretary shall--
       ``(A) in consultation and coordination with the appropriate 
     Federal agencies, carry out a review of existing programs and 
     financing mechanisms (including revolving loan funds and loan 
     guarantees) available in or from the Department of 
     Agriculture, the Department of Energy, the Department of 
     Education, the Department of the Treasury, the Internal 
     Revenue Service, the Environmental Protection Agency, and 
     other appropriate Federal agencies with jurisdiction over 
     energy financing and facilitation that are currently used or 
     may be used to help initiate, develop, and finance energy 
     efficiency, renewable energy, and energy retrofitting 
     projects for schools;
       ``(B) establish a Federal cross-departmental collaborative 
     coordination, education, and outreach effort to streamline 
     communication and promote available Federal opportunities and 
     assistance described in subparagraph (A), for energy 
     efficiency, renewable energy, and energy retrofitting 
     projects that enables States, local educational agencies, and 
     schools--
       ``(i) to use existing Federal opportunities more 
     effectively; and
       ``(ii) to form partnerships with Governors, State energy 
     programs, local educational, financial, and energy officials, 
     State and local government officials, nonprofit 
     organizations, and other appropriate entities, to support the 
     initiation of the projects;
       ``(C) provide technical assistance for States, local 
     educational agencies, and schools to help develop and finance 
     energy efficiency, renewable energy, and energy retrofitting 
     projects--
       ``(i) to increase the energy efficiency of buildings or 
     facilities;
       ``(ii) to install systems that individually generate energy 
     from renewable energy resources;
       ``(iii) to establish partnerships to leverage economies of 
     scale and additional financing mechanisms available to larger 
     clean energy initiatives; or
       ``(iv) to promote--

       ``(I) the maintenance of health, environmental quality, and 
     safety in schools, including the ambient air quality, through 
     energy efficiency, renewable energy, and energy retrofit 
     projects; and
       ``(II) the achievement of expected energy savings and 
     renewable energy production through proper operations and 
     maintenance practices;

       ``(D) develop and maintain a single online resource website 
     with contact information for relevant technical assistance 
     and support staff in the Office of Energy Efficiency and 
     Renewable Energy for States, local educational agencies, and 
     schools to effectively access and use Federal opportunities 
     and assistance described in subparagraph (A) to develop 
     energy efficiency, renewable energy, and energy retrofitting 
     projects; and
       ``(E) establish a process for recognition of schools that--
       ``(i) have successfully implemented energy efficiency, 
     renewable energy, and energy retrofitting projects; and
       ``(ii) are willing to serve as resources for other local 
     educational agencies and schools to assist initiation of 
     similar efforts.
       ``(4) Report.--Not later than 180 days after the date of 
     enactment of this subsection, the Secretary shall submit to 
     Congress a report describing the implementation of this 
     subsection.
       ``(5) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as are necessary for each of fiscal years 2012 
     through 2016.''.
                                 2_____
                                 
      By Mr. FRANKEN (for himself, Mr. Brown of Ohio, Mr. Schumer, Mrs. 
        Gillibrand, and Mr. Sanders):
  S. 831. A bill to amend the Agricultural Marketing Act of 1946 to 
provide for country of origin labeling for dairy products; to the 
Committee on Agriculture, Nutrition, and Forestry.
  Mr. FRANKEN. Mr. President, today, I am reintroducing the Dairy 
Country Of Origin Labeling Act, or Dairy COOL, with Senator Schumer, 
Senator Gillibrand, Senator Sherrod Brown, and Senator Sanders.
  Our bill is very straightforward; it simply extends country of origin 
labeling requirements to dairy products. The current country of origin 
labeling law, which went into effect in 2008, applies to meats, 
produce, and nuts, but it doesn't include dairy products. Our bill adds 
dairy products--including milk, cheese, yogurt, ice cream, and butter--
to the list.
  This bill is about families. Minnesota families should have the right 
to know where the food they buy was produced. Consumers have this 
information for meat and produce; they should have it for the dairy 
products they feed their families every day. Minnesota dairy farmers 
and family farmers across the Nation should have the right to 
distinguish their products from imported products.
  Hardly a week goes by where you don't hear another story of 
contaminated food and toys that were imported from foreign countries 
but only discovered after they were in American homes. Labeling our 
dairy products lets parents make informed choices at the grocery store. 
It gives consumers the information they need to be confident about the 
quality and safety of the food they buy.
  Farming is a risky business. Prices have stabilized for now, but less 
than two years ago, high feed prices and unpredictable price swings 
threatened the viability of family dairies across the country. This 
bill isn't a silver bullet, but it does give family farms another tool 
that will help them compete in a crowded marketplace. And it gives 
consumers the option to purchase milk and cheese from our own family 
farms.
  So I urge my colleagues to support 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:

[[Page 5999]]



                                 S. 831

       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 ``Dairy COOL Act of 2011''.

     SEC. 2. COUNTRY OF ORIGIN LABELING FOR DAIRY PRODUCTS.

       (a) Definitions.--Section 281 of the Agricultural Marketing 
     Act of 1946 (7 U.S.C. 1638) is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A)--
       (i) in clause (x), by striking ``and'' at the end;
       (ii) in clause (xi), by striking the period at the end and 
     inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(xii) dairy products.''; and
       (B) in subparagraph (B), by inserting ``(other than clause 
     (xii) of that subparagraph)'' after ``subparagraph (A)'';
       (2) by redesignating paragraphs (3) through (9) as 
     paragraphs (4) through (10), respectively; and
       (3) by inserting after paragraph (2) the following:
       ``(3) Dairy product.--The term `dairy product' means--
       ``(A) fluid milk;
       ``(B) cheese, including cottage cheese and cream cheese;
       ``(C) yogurt;
       ``(D) ice cream;
       ``(E) butter; and
       ``(F) any other dairy product.''.
       (b) Notice of Country of Origin.--Section 282(a) of the 
     Agricultural Marketing Act of 1946 (7 U.S.C. 1638a(a)) is 
     amended by adding at the end the following:
       ``(5) Designation of country of origin for dairy 
     products.--
       ``(A) In general.--A retailer of a covered commodity that 
     is a dairy product shall designate the origin of the covered 
     commodity as--
       ``(i) each country in which or from the 1 or more dairy 
     ingredients or dairy components of the covered commodity were 
     produced, originated, or sourced; and
       ``(ii) each country in which the covered commodity was 
     processed.
       ``(B) State, region, locality of the united states.--With 
     respect to a covered commodity that is a dairy product 
     produced exclusively in the United States, designation by a 
     retailer of the State, region, or locality of the United 
     States where the covered commodity was produced shall be 
     sufficient to identify the United States as the country of 
     origin.''.
                                 ______
                                 
      By Ms. COLLINS (for herself and Mrs. Murray):
  S. 832. A bill to reauthorize certain port security programs, and for 
other purposes; to the Committee on Homeland Security and Governmental 
Affairs.
  Ms. COLLINS. Mr. President, I rise to introduce the SAFE Port 
Reauthorization Act of 2011. This bill extends important programs that 
help to protect our nation's critical shipping lanes and seaports from 
attack and sabotage.
  The SAFE Port Reauthorization Act of 2011 is cosponsored by my 
colleague, Senator Murray. Senator Murray and I drafted the original 
SAFE Port Act in 2005, leading to its enactment in 2006. I am pleased 
that she has again joined me to extend and strengthen this important 
law. Several stakeholders have expressed their support for our efforts, 
including the American Waterways Operators, National Association of 
Boating Law Administrators, Retail Industry Leaders Association, 
Association of Marina Industries, National Boating Federation, and 
National Marine Manufacturers Association.
  The scope of what we need to protect is broad. America has 361 
seaports--each vital links in our Nation's transportation network. Our 
seaports move more than 95 percent of overseas trade. In 2010, United 
States ports logged 57,600 ports-of-call by foreign-flagged cargo 
vessels, bringing 11 million shipping containers to our shores.
  Coming from a State with three international cargo ports--including 
Portland, the largest port by tonnage in New England--I am keenly aware 
of the importance of seaports to our national economy and to the 
communities in which they are located.
  Our seaports operate as vital centers of economic activity; they also 
represent vulnerable targets. As the air cargo plot emanating from 
Yemen last fall demonstrated, terrorists remain committed to exploiting 
commercial shipments as a way of moving explosives or weapons of mass 
destruction.
  Maritime shipping containers are a special source of concern. A 
single obscure container, hidden among a ship's cargo of several 
hundred containers, could be used to conceal a dirty bomb. In other 
words, a container could be turned into a 21st century Trojan horse.
  The shipping container's security vulnerabilities are so well known 
that it has also been called ``the poor man's missile,'' because for 
only a few thousand dollars, a terrorist could ship a weapon or 
explosive across the Atlantic or the Pacific to a U.S. port.
  And the contents of such a container don't have to be something as 
complex as a nuclear or biological weapon. As former Customs and Border 
Protection Commissioner Robert Bonner told The New York Times, a single 
container packed with readily available ammonium sulfate fertilizer and 
a detonation system could produce 10 times the blast that destroyed the 
Murrah Federal Building in Oklahoma City.
  Whatever the type of weapon, an attack on one or more U.S. ports 
could cause great loss of life and large numbers of injuries; it could 
damage our energy supplies and infrastructure; it could cripple 
retailers and manufacturers dependent on incoming inventory; and it 
could hamper our ability to move and supply American military forces 
fighting against the forces of terrorism.
  I have had the opportunity to visit seaports and, as one examines 
some of the Nation's busiest harbors, one sees what a terrorist might 
call ``high-value targets.'' In February, while touring the Port of 
Miami and Port Everglades with the Coast Guard, I witnessed firsthand 
the large and sprawling urban populations, cruise ship docks, container 
terminals, and bulk fuel facilities that are situated around these 
ports. At other locations, there are large sports stadiums and ferries 
operating nearby as well.
  Add up these factors, and one realizes immediately the death and 
destruction that a ship carrying a container hiding a weapon of mass 
destruction could inflict at a single port.
  Of course, a port can be a conduit for an attack as well as a target. 
A container with dangerous cargo could be loaded on a truck or rail 
car, or have its contents unpacked at the port and distributed to 
support attacks elsewhere. In 2008, we saw that the port in Mumbai, 
India, offered the means for a gang of terrorists to launch an attack 
on a section of the city's downtown. That attack killed more than 170 
people and wounded hundreds more.
  To address these security threats, our bill would reauthorize these 
SAFE Port Act cargo security programs that have proven to be successful 
the Automated Targeting System that identifies high-risk cargo; the 
Container Security Initiative that ensures high-risk cargo containers 
are inspected at ports overseas before they travel to the United 
States; and the Customs-Trade Partnership Against Terrorism, or C-TPAT, 
that provides incentives to importers to enhance the security of their 
cargo from point of origin to destination.
  The bill would also strengthen the C-TPAT program by providing new 
benefits, including offering voluntary security training to industry 
participants and providing participants an information sharing 
mechanism on maritime and port security threats, and authorizing 
Customs and Border Protection to conduct unannounced inspections to 
ensure that security practices are robust. The cooperation of private 
industry is vital to protecting supply chains, and C-TPAT is a 
necessary tool for securing their active cooperation in supply chain 
security efforts.
  The bill also would extend the competitive, risk-based, port security 
grants that have improved the security of our ports. An authorization 
for the next 5 years at $300 million per year, as included in the 
President's budget, is lower than the current $400 million 
authorization in recognition of the severe budget constraints we face. 
To address concerns expressed by port authorities and terminal 
operators from across the country, the bill places deadlines on the 
Department of Homeland Security to ensure a timely response is provided 
to port security grant applications, extensions, and cost-share waiver 
requests.

[[Page 6000]]

  In addition to continuing and improving critical port security 
programs, the bill also would strengthen the America's Waterway Watch 
Program, which promotes voluntary reporting of suspected terrorist 
activity or suspicious behavior against a vessel, facility, port, or 
waterway.
  Our bill would protect citizens from frivolous lawsuits when they 
report, in good faith, suspicious behavior that may indicate terrorist 
activity against the United States. It builds on a provision from the 
2007 homeland security law that encourages people to report potential 
terrorist threats directed against transportation systems by protecting 
people from those who would misuse our legal system in an attempt to 
chill the willingness of citizens to come forward and report possible 
dangers.
  In addition, this legislation enhances research and development 
efforts to improve maritime cargo security. The demonstration project 
authorized by this law would study the feasibility of using composite 
materials in cargo containers to improve container integrity and deploy 
next-generation sensors.
  This legislation also addresses the difficulties in administering the 
mandate of x-raying and scanning for radiation all cargo containers 
overseas that are destined for the United States by July 2012. Until x-
ray scanning technology is proven effective at detecting radiological 
material and not disruptive of trade, requiring the x-raying of all 
U.S. bound cargo, regardless of its risk, at every foreign port, is 
misguided and provides a false sense of security. It would also impose 
onerous restrictions on the flow of commerce, costing billions with 
little additional security benefit.
  Under the original provisions of the SAFE Port Act, all cargo 
designated as high-risk at foreign ports is already scanned for 
radiation and x-rayed. In addition, cargo entering the U.S. at all 
major seaports is scanned for radiation. These security measures 
currently in place are part of a layered, risk-based method to ensure 
cargo entering the U.S. is safe.
  This legislation would eliminate the deadline for 100 percent x-
raying of containers if the Secretary of Homeland Security certifies 
the effectiveness of individual security measures of that layered 
security approach. This is a more reasonable method to secure our cargo 
until a new method of x-raying containers is proven effective and 
feasible.
  The SAFE Port Reauthorization Act of 2011 will help us to continue an 
effective, layered, coordinated security system that extends from point 
of origin to point of destination, and that covers the people, the 
vessels, the cargo, and the facilities involved in our maritime 
commerce. It will continue to address a major vulnerability in our 
homeland security critical infrastructure while preserving the flow of 
goods on which our economy depends.
  I urge my colleagues to support this important legislation.
                                 ______
                                 
      By Mr. WHITEHOUSE (for himself, Mr. Reed, Mr. Brown of Ohio, Mr. 
        Franken, and Mr. Akaka):
  S. 833. A bill to provide grants to States to ensure that all 
students in the middle grades are taught an academically rigorous 
curriculum with effective supports so that students complete the middle 
grades prepared for success in secondary school and postsecondary 
endeavors, to improve State and district policies and programs relating 
to the academic achievement of students in the middle grades, to 
develop and implement effective middle grades models for struggling 
students, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. WHITEHOUSE. Mr. President, it is my honor today to introduce the 
Success in the Middle Act of 2011. This bill recognizes the role of the 
middle grades as a tipping point in the education of many of our 
Nation's students, especially those who are at risk of dropping out. 
Success in the Middle invests much-needed attention and resources in 
middle grades education, requiring states to create plans to 
specifically address the unique needs of students in the age group, and 
focusing on schools that feed students into some of our country's most 
dropout prone high schools so they are ready for the curriculum and the 
unique social pressures they will encounter there.
  My concern about the middle grades began in a unique place behind my 
desk in the Rhode Island Attorney General's Office. After serving as 
the United States Attorney for Rhode Island, where I dealt with cases 
involving mobsters and white collar crime, I now suddenly had hundreds 
of juvenile cases coming across my desk. I asked my staff to examine 
the problem and together we tried to find the root of it. Ultimately, 
it all seemed to go back to one issue: middle school truancy. In order 
to better see what was happening in middle schools, my office adopted 
one, Oliver Hazard Perry Middle School in Providence. We worked hard to 
create a real relationship between the police department and the school 
to help get truant kids back in classrooms; we worked with the local 
utility to get lights in the parking lot so teachers felt safe staying 
after school; partnered with local businesses to get teachers phones in 
the classrooms so they could call parents when the kids went missing; 
began a mentoring program between students and attorneys in my office; 
and brought in community groups to start afterschool programs.
  The experience at Perry helped me realize what an impact the middle 
grades have on a child's future. It is an age where a child is 
beginning to make his or her own decisions, but can still be influenced 
by adults and by enriching experiences in their lives. The middle 
grades are a time when, if properly directed, students look to their 
futures and set goals for themselves in order to enter high school 
ready to achieve that first vital goal: graduation.
  When I entered the Senate, one of my first priorities was to continue 
to advocate for improved middle grades education. In Rhode Island, I 
convened a small group of teachers, public and private school 
administrators, union leaders, afterschool experts, and others who 
shared my deep interest in the middle grades to continue the 
conversation about how best to improve them. This group examined the 
issues faced by these students and how curriculum, the professional 
development of teachers, and the environment of the school affected 
them on a daily basis. Their work has influenced how I perceive 
education policy and has been invaluable as we have moved forward with 
Success in the Middle.
  To see just how badly our middle grade students need this help, let 
us take a look at the facts: Less than 1/3 of 8th grade students scored 
proficient in reading and math on the 2009 National Assessment on 
Educational Progress, NAEP, and nearly 30 percent scored below the 
basic level in math. A lack of basic skills at the end of the middle 
grades has serious implications students who enter high school two or 
more years behind have only a 50 percent chance of progressing on time 
to 10th grade, creating a significant risk of dropping out. Sixth grade 
students who do not attend school regularly, who frequently receive 
disciplinary actions, or who fail math or English have a less than 15 
percent chance of graduating high school on time and a 20 percent 
chance of graduating one year late.
  This is why investing wisely in the middle grades is so important. 
Success in the Middle makes that investment, creating a formula grant 
program that help states invest in proven strategies for the middle 
grades, including comprehensive school-wide improvement efforts, 
targeted professional development, and student supports such as 
extended learning time and personal academic plans. It also requires 
the creation of early warning and intervention systems for at-risk 
students and transition plans for the middle grades. Finally, Success 
in the Middle invests in national research into best practices for the 
middle grades.
  I am proud to introduce Success in the Middle, which in previous 
Congresses was introduced by then-Senator Obama and by my senior 
Senator from Rhode Island, Jack Reed. I am proud

[[Page 6001]]

to follow in the footsteps of these champions of education, who have 
demonstrated the vital need to focus our efforts on the middle grades 
in order to best serve our Nation's children, especially those most at 
risk for dropping out.
                                 ______
                                 
      By Ms. KLOBUCHAR (for herself and Mr. Grassley):
  S. 839. A bill to ban the sale of certain synthetic drugs; to the 
Committee on the Judiciary.
  Mr. GRASSLEY. Mr. President, I am pleased to join my colleague, 
Senator Klobuchar, in cosponsoring the Combating Designer Drugs Act of 
2011. All too often we are confronted with new and emerging drugs that 
spread quickly on the scene. However, what is most concerning about 
this new generation of drugs is how quickly these substances are sold 
and marketed to kids. Although these substances were created for 
scientific research they are now packaged as innocent products and sold 
on the shelves of local stores or via the internet.
  Recent reports in the media along with increasing calls to poison 
control centers and visits to emergency rooms reveals that more and 
more kids are using products laced with substances that are very 
dangerous. Although these products are currently legal and can be sold 
in stores and online, many people who use products are under a false 
impression that these products are safe because they are legal. 
However, use of these products is anything but safe.
  Last month, a teenager from Blaine, MN, died after overdosing on a 
substance called 2C-E that he and others used at a party. Police report 
10 other individuals were hospitalized after using this substance. 
According to the Drug Enforcement Administration, 2C-E along with its 
cousins in the 2C family are used for their hallucinogenic qualities. 
These drugs are marketed as similar to illegal drugs like LSD or 
Ecstasy and can be used in similar ways. A popular way to pass these 
drugs off as safe is by labeling them as ``fake,'' but clearly the 
victims of this drug have suffered very real consequences.
  Last month, I, along with Senator Feinstein, introduced legislation 
to ban the chemicals found in synthetic or ``fake'' marijuana. This 
legislation came in part from the death of Indianola, IA, resident 
David Rozga, who committed suicide shortly after smoking a package of 
K2, a product laced with synthetic marijuana compounds. Since then the 
Drug Enforcement Administration has identified more substances that are 
used in a similar way such as 2C-E and others. The Combating Designer 
Drugs Act of 2011 is part of the ongoing effort to identify drugs that 
are being marketed as legal, safe alternatives to illegal drugs and 
places them among their rightful place as dangerous drugs like meth and 
cocaine. Specifically, this legislation targets drugs found in the 2C 
family, which were invented for scientific research but never intended 
to be used for humans and makes them schedule I controlled substances.
  Mr. President, the sale and use of synthetic drugs like those in the 
2C family represent a new and dangerous trend in drug abuse. We must 
take strong action to eliminate the ease in which these substances can 
reach the market before their use gets out of hand. I urge my 
colleagues to support this legislation to remove these dangerous drugs 
from our society.
                                 ______
                                 
      By Mr. UDALL of Colorado (for himself, Ms. Stabenow, and Mr. 
        Merkley):
  S. 841. A bill to provide cost-sharing assistance to improve access 
to the markets of foreign countries for energy efficiency products and 
renewable energy products exported by small- and medium-sized 
businesses in the United States, and for other purposes; to the 
Committee on Banking, Housing, and Urban Affairs.
  Mr. UDALL of Colorado. Mr. President, I rise today to speak about the 
Renewable Energy Market Access Program Act, or REMAP Act, which I am 
re-introducing in the 112th Congress with my colleagues, Senators 
Stabenow and Merkley. This bill is designed to help grow American 
renewable energy and energy efficiency exports abroad by helping small 
and medium sized renewable energy businesses promote, export and 
ultimately penetrate foreign markets. In turn this bill will help grow 
the American economy and create American jobs.
  This effort is a smaller piece of what needs to be a comprehensive 
and cohesive approach to reduce our trade deficit in clean energy goods 
and bolster our economy. Despite efforts to do just that, we still 
struggle to build a manufacturing base that can provide the goods 
necessary to meet the global demand for renewable energy products. It 
is astonishing that increasingly, we import more renewable energy goods 
than we export. A recent Senate report showed that over a 5 year period 
from 2004-2008, our trade deficit in renewable energy goods increased 
350 percent, which is attributed to increased U.S. demand that is met 
largely by imports from Asia and Europe. Not only are we failing to 
meet our own domestic demand, but we are slow to take advantage of 
market opportunities abroad. It is estimated that 90 percent of 
worldwide investments in renewable energy goods occur in G-20 
countries, and the developing world is projected to comprise 80 percent 
of the world's future energy demand, yet the United States is not well 
positioned to capture these growing and burgeoning markets for 
renewable energy goods. If we are truly dedicated to strengthening our 
capability to grow renewable energy manufacturing and to becoming 
energy independent, we need to do more. We need to invest strategically 
at home, and we must also look beyond our shores to build markets for 
domestic manufacturers markets that can translate into sustainable, 
well-paying jobs here at home.
  My legislation would create the Renewable Energy Market Access 
Program to focus on equipping small and medium sized enterprises with 
the tools they need to access foreign markets, thereby strengthening 
our domestic economy and creating jobs. Through REMAP, trade 
associations and state-regional trade groups would apply to the U.S. 
Department of Commerce to enter into cooperative agreements to provide 
marketing and trade assistance to small- and medium-sized companies in 
the renewable energy and energy efficiency sectors. The assistance 
would help facilitate the export of their goods to existing and new 
foreign markets. The agreements would also offer eligible participants 
an opportunity to share the costs related to innovative marketing and 
promotion activities. The public funding for any one application would 
never exceed 50 percent of the total cost of the proposal, ensuring 
buy-in from the applicant and an ongoing working relationship with the 
Department of Commerce. In sum, this bill will help streamline access 
to the global marketplace for small businesses and help promote 
American renewable energy and energy efficiency products overseas.
  I believe that this legislation takes an important step in the right 
direction to support the growing renewable energy industry. I have been 
encouraged by the efforts of my colleagues here in the U.S. Congress 
and in the Administration to place a strong emphasis on supporting and 
growing all of America's exports but our future will be in solving our 
shared energy challenges.
  While we look at ways to enhance market access to foreign markets, 
Congress must also develop sensible policy mechanisms to address unfair 
trade barriers and other anti-competitive tactics that are used to keep 
our goods from markets in countries with which we have stable 
relations. Such tactics should be addressed, but should not keep us 
from pursuing other opportunities to build foreign markets for American 
businesses. This is why I urge my colleagues to join me in supporting 
this legislation to support our small business community in growing our 
nation's economy.
  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:

[[Page 6002]]



                                 S. 841

       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 ``Renewable Energy Market 
     Access Program Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Energy efficiency product.--The term ``energy 
     efficiency product'' means any product, technology, or 
     component of a product that--
       (A) as compared with products, technologies, or components 
     of products being deployed at the time for widespread 
     commercial use in the country in which the product, 
     technology, or component will be used--
       (i) substantially increases the energy efficiency of 
     buildings, industrial or agricultural processes, or 
     electricity transmission, distribution, or end-use 
     consumption; or
       (ii) substantially increases the energy efficiency of the 
     transportation system; and
       (B) results in no significant incremental adverse effects 
     on public health or the environment.
       (2) Renewable energy.--The term ``renewable energy'' means 
     energy generated by a renewable energy resource.
       (3) Renewable energy product.--The term ``renewable energy 
     product'' means any product, technology, or component of a 
     product used in the development or production of renewable 
     energy.
       (4) Renewable energy resource.--The term ``renewable energy 
     resource'' means solar, wind, ocean, tidal, or geothermal 
     energy, biofuel, biomass, hydropower, or hydrokinetic energy.
       (5) Small- and medium-sized businesses.--The term ``small- 
     and medium-sized businesses'' means--
       (A) small business concerns (as that term used in section 3 
     of the Small Business Act (15 U.S.C. 632)); and
       (B) businesses the Secretary of Commerce determines to be 
     small- or medium-sized, based on factors that include the 
     structure of the industry, the amount of competition in the 
     industry, the average size of businesses in the industry, and 
     costs and barriers associated with entering the industry.

     SEC. 3. COST-SHARING ASSISTANCE WITH RESPECT TO THE 
                   EXPORTATION OF ENERGY EFFICIENCY PRODUCTS AND 
                   RENEWABLE ENERGY PRODUCTS.

       (a) In General.--The Under Secretary for International 
     Trade of the Department of Commerce (in this section referred 
     to as the ``Under Secretary'') shall establish and carry out 
     a program to provide cost-sharing assistance to eligible 
     organizations--
       (1) to improve access to the markets of foreign countries 
     for energy efficiency products and renewable energy products 
     exported by small- and medium-sized businesses in the United 
     States; and
       (2) to assist small- and medium-sized businesses in the 
     United States in obtaining services and other assistance with 
     respect to exporting energy efficiency products and renewable 
     energy products, including services and assistance available 
     from the Department of Commerce and other Federal agencies.
       (b) Eligible Organizations.--An eligible organization is a 
     nonprofit trade association in the United States or a State 
     or regional organization that promotes the exportation and 
     sale of energy efficiency products or renewable energy 
     products.
       (c) Application Process.--An eligible organization shall 
     submit an application for cost-sharing assistance under 
     subsection (a)--
       (1) at such time and in such manner as the Under Secretary 
     may require; and
       (2) that contains a plan that describes the activities the 
     organization plans to carry out using the cost-sharing 
     assistance provided under subsection (a).
       (d) Awarding Cost-sharing Assistance.--
       (1) In general.--The Under Secretary shall establish a 
     process for granting applications for cost-sharing assistance 
     under subsection (a) that includes a competitive review 
     process.
       (2) Priority for innovative ideas.--In awarding cost-
     sharing assistance under subsection (a), the Under Secretary 
     shall give priority to an eligible organization that includes 
     in the plan of the organization submitted under subsection 
     (c)(2) innovative ideas for improving access to the markets 
     of foreign countries for energy efficiency products and 
     renewable energy products exported by small- and medium-sized 
     businesses in the United States.
       (e) Level of Cost-sharing Assistance.--
       (1) In general.--Subject to paragraph (2), the Under 
     Secretary shall determine an appropriate percentage of the 
     cost of carrying out a plan submitted by an eligible 
     organization under subsection (c)(2) to be provided in the 
     form of assistance under this section.
       (2) Limitation.--Assistance provided under this section may 
     not exceed 50 percent of the cost of carrying out the plan of 
     an eligible organization.

     SEC. 4. REPORT.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Commerce, in consultation with the 
     Secretary of Energy, shall submit to Congress a report on the 
     export promotion needs of businesses in the United States 
     that export energy efficiency products or renewable energy 
     products.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary of 
     Commerce to carry out this Act--
       (1) $15,000,000 for fiscal year 2012;
       (2) $16,000,000 for fiscal year 2013;
       (3) $17,000,000 for fiscal year 2014;
       (4) $18,000,000 for fiscal year 2015; and
       (5) $19,000,000 for fiscal year 2016.
                                 ______
                                 
      By Mr. BEGICH:
  S. 843. A bill to establish outer Continental Shelf lease and permit 
processing coordination offices, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. BEGICH. Mr. President--I wish to speak about legislation I am 
introducing today aimed at streamlining a cumbersome development 
process for offshore oil and gas development adjacent to Alaska.
  About a month ago, President Obama proposed essentially that when he 
called for increased domestic oil and gas development and cutting 
foreign oil imports by a third by 2025. The President even said his 
administration is ``looking at potential new development in Alaska, 
both onshore and offshore.''
  We Alaskans were glad to hear the President use the ``A'' word--
Alaska. As America's energy storehouse for better than a quarter 
century, we are anxious to continue supplying our nation a stable 
source of energy just as we have been doing since oil starting flowing 
through the trans-Alaska pipeline in 1977.
  Simply put, Alaska has enormous untapped oil and gas reserves--an 
estimated 40 to 60 billion barrels of oil on State and Federal lands 
and waters. That is approaching a decade's worth of U.S. consumption.
  We also hold the Nation's largest conventional natural gas reserves--
more than 100 trillion cubic feet of this clean-burning fuel.
  As is always the case, it is the details that matter. While we 
welcome the President's interest in increased energy development in our 
state, his administration--and those which preceded him--have enacted 
roadblocks to this laudable goal.
  In the National Petroleum Reserve-Alaska, ConocoPhillips has been 
working for years to secure a permit to build a bridge into a petroleum 
reserve to development oil--only to be stalled by the Army Corps of 
Engineers and EPA.
  Moving to the offshore, Shell has been working for 5 years and 
invested more than $3 billion for the opportunity to drill exploratory 
wells in Alaska's Beaufort and Chukchi Seas. They got very close last 
year but just when it appeared the development had the green light a 
few weeks ago, an internal EPA Environmental Appeals Board sent the air 
quality permit back to the drawing board.
  Business as usual simply isn't working when it comes to increased oil 
and gas development in my State.
  Accordingly, today I am introducing legislation that would create an 
office of Federal coordination for the Arctic OCS, modeled after 
legislation the late Senator Ted Stevens passed establishing a Federal 
gas pipeline coordinator. This office would have authority to work 
across the agencies causing Alaska so much heartburn today--the EPA, 
Army Corps of Engineers and Interior Department.
  The Federal OCS coordinator would work with the State of Alaska and 
affected local governments to streamline development in the Chukchi and 
Beaufort seas, which hold such promise for future oil and gas 
development.
  Additionally, it would expedite judicial review of claims related to 
Environmental Protection Agency and Department of Interior permits for 
development in this area. Let me be clear, this legislation does not 
prevent citizens from solving disputes in the court system. However, it 
does recognize that America needs this energy and issues surrounding it 
should be solved quickly.
  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:

[[Page 6003]]



                                 S. 843

       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 ``Outer Continental Shelf 
     Permit Processing Coordination Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Coordination office.--The term ``coordination office'' 
     means a regional joint outer Continental Shelf lease and 
     permit processing coordination office established under 
     section 3(a).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3. OUTER CONTINENTAL SHELF PERMIT PROCESSING 
                   COORDINATION OFFICES.

       (a) Establishment.--The Secretary shall establish--
       (1) a regional joint outer Continental Shelf lease and 
     permit processing coordination office for the Alaska region 
     of the outer Continental Shelf; and
       (2) subject to subsection (c)--
       (A) a regional joint outer Continental Shelf lease and 
     permit processing coordination office for the Atlantic region 
     of the outer Continental Shelf; and
       (B) a regional joint outer Continental Shelf lease and 
     permit processing coordination office for the Pacific region 
     of the outer Continental Shelf.
       (b) Memorandum of Understanding.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall enter into a 
     memorandum of understanding for the purposes of carrying out 
     this section with--
       (A) the Secretary of Commerce;
       (B) the Chief of Engineers;
       (C) the Administrator of the Environmental Protection 
     Agency;
       (D) the head of any other Federal agency that may have a 
     role in permitting activities; and
       (E) in the case of the coordination office described in 
     subsection (a)(1), the head of each borough government that 
     is located adjacent to any active lease area.
       (2) State participation.--The Secretary shall request that 
     the Governor of a State adjacent to the applicable outer 
     Continental Shelf region be a signatory to the memorandum of 
     understanding.
       (c) Date of Establishment.--A coordination office described 
     in subparagraph (A) or (B) of subsection (a)(2) shall not be 
     established until the date on which a proposed lease sale is 
     conducted for the Atlantic or Pacific region of the outer 
     Continental Shelf, as applicable.
       (d) Designation of Qualified Staff.--
       (1) In general.--Each Federal signatory party shall, if 
     appropriate, assign to each of the coordination offices an 
     employee who has expertise in the regulatory issues 
     administered by the office in which the employee is employed 
     relating to leasing and the permitting of oil and gas 
     activities on the outer Continental Shelf by the date that 
     is--
       (A) in the case of the coordination office described in 
     subsection (a)(1), not later than 30 days after the date of 
     the signing of the memorandum of understanding relating to 
     the applicable coordination office under subsection (b); or
       (B) in the case of a coordination office established under 
     subsection (a)(2), not later than 30 days after the date of 
     establishment of the applicable coordination office under 
     subsection (c).
       (2) Duties.--An employee assigned under paragraph (1) 
     shall--
       (A) not later than 90 days after the date of assignment, 
     report to the applicable coordination office;
       (B) be responsible for all issues relating to the 
     jurisdiction of the home office or agency of the employee; 
     and
       (C) participate as part of the applicable team of personnel 
     working on proposed oil and gas leasing and permitting, 
     including planning and environmental analyses.
       (e) Transfer of Funds.--For the purposes of coordination 
     and processing of oil and gas use authorizations for the 
     applicable outer Continental Shelf region, the Secretary may 
     authorize the expenditure or transfer of such funds as are 
     necessary to--
       (1) the Secretary of Commerce;
       (2) the Chief of Engineers;
       (3) the Administrator of the Environmental Protection 
     Agency;
       (4) the head of any other Federal agency having a role in 
     permitting activities;
       (5) any State adjacent to the applicable outer Continental 
     Shelf region; and
       (6) in the case of the coordination office described in 
     subsection (a)(1), the head of each borough government that 
     is located adjacent to any active lease area.
       (f) Effect.--Nothing in this section--
       (1) authorizes the establishment of a regional joint outer 
     Continental Shelf lease and permit processing coordination 
     office for the Gulf of Mexico region of the outer Continental 
     Shelf;
       (2) affects the operation of any Federal or State law; or
       (3) affects any delegation of authority made by the head of 
     a Federal agency for employees that are assigned to a 
     coordination office.
       (g) Funding.--
       (1) In general.--There is authorized to be appropriated 
     $2,000,000 for the coordination office described in 
     subsection (a)(1) for each of fiscal years 2011 through 2021, 
     to remain available until expended.
       (2) Other coordination offices.--Notwithstanding any other 
     provision of law--
       (A) of the amounts received by the Secretary from the sale 
     of bonus bids in the Atlantic region of the outer Continental 
     Shelf Continental Shelf region, $2,000,000 shall be made 
     available for the applicable coordination office described in 
     subsection (A)(2)(A) for the fiscal year; and
       (B) of the amounts received by the Secretary from the sale 
     of bonus bids in the Pacific region of the outer Continental 
     Shelf Continental Shelf region, $2,000,000 shall be made 
     available for the applicable coordination office described in 
     subsection (A)(2)(B) for the fiscal year.

     SEC. 4. JUDICIAL REVIEW.

       (a) Exclusive Jurisdiction.--Except for review by the 
     Supreme Court on writ of certiorari, the United States Court 
     of Appeals for the District of Columbia Circuit shall have 
     original and exclusive jurisdiction to review any claim 
     relating to an action by the Administrator of the 
     Environmental Protection Agency or the Secretary of the 
     Interior with respect to the review, approval, denial, or 
     issuance of an oil or natural gas lease or permit in the area 
     of the outer Continental Shelf described in section 3(a)(1).
       (b) Deadline for Filing Claim.--A claim described in 
     subsection (a) may be brought not later than 60 days after 
     the date of the action giving rise to the claim.
       (c) Expedited Consideration.--The United States Court of 
     Appeals for the District of Columbia Circuit shall set any 
     action brought under subsection (a) for expedited 
     consideration, taking into account the national interest of 
     enhancing national energy security by providing access to the 
     significant oil and natural gas resources in the area of the 
     outer Continental Shelf described in section 3(a)(1) that are 
     needed to meet the anticipated demand for oil and natural 
     gas.
                                 ______
                                 
      By Mr. LIEBERMAN (for himself and Mr. Bennet):
  S. 844. A bill to provide incentives for States and local educational 
agencies to implement comprehensive reforms and innovative strategies 
that are designed to lead to significant improvement in outcomes for 
all students and significant reductions in achievement gaps among 
subgroups of students, and for other purposes; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. LIEBERMAN. Mr. President, I rise today with my colleague Senator 
Bennet, to introduce the Race to the Top Act of 2011. The Race to the 
Top Act will authorize the continuation of the highly successful Race 
to the Top program that was established by the American Recovery and 
Reinvestment Act. The bill also expands this successful program to 
school districts and authorizes the program for 2012 and the succeeding 
5 years. Race to the Top calls for competitive grants for States and 
school districts that invest in bold educational reforms designed to 
bring about significant improvement in academic outcomes for all 
students and significant reductions in achievement gaps.
  When No Child Left Behind was signed into law nine years ago, we made 
a national commitment to fix our educational system--a system in which 
low-income minority students were performing significantly below their 
higher-income peers. We made a commitment to bring an end to 
unacceptable achievement gaps and to ensure that each and every child--
regardless of race, nationality or family income--could succeed in our 
public schools and graduate with the skills necessary for success in 
college or the workforce. Despite the commitments we made, unacceptable 
achievement gaps persist. Still today our public schools are not 
preparing our students to succeed in college and the workforce. Each 
year, 30 percent of American students fail to receive their high school 
diploma on time and graduation rates are consistently lower for 
minority students. One-third of our students who do graduate from high 
school are not ready for college. In international standardized tests 
involving students from 65 nations, fifteen year olds in the United 
States rank 31st in mathematics, 23rd in science, and 15th in reading. 
Improving public education and closing student achievement gaps remains 
one of the most important issues of our time.
  We have made some progress, but until we have equal and excellent 
educational opportunities for all of our

[[Page 6004]]

children, regardless of ethnicity or income, we have not done our job. 
While, in many ways, No Child Left Behind moved us in the right 
direction, it needs to be updated, and the Elementary and Secondary 
Education Act must be reauthorized. The continuation of the Race to the 
Top program should be part of that update.
  The positive impact of Race to the Top has been impressive. The 
competition for Race to the Top money has incentivized States to 
implement high, internationally benchmarked, core standards and to 
create a positive climate for public charter schools. Race to the Top 
recognizes the essential role teachers play in education and has 
prompted States to get serious about teacher effectiveness, 
distribution, evaluation, and accountability. And Race to the Top has 
prompted states to improve policies aimed at turning around America's 
lowest performing schools.
  Under Race to the Top 46 States and the District of Columbia have 
developed statewide reform plans; States changed laws to increase their 
ability to intervene in their lowest performing schools; 22 States 
enacted laws to improve teacher quality, including alternative 
certification, effectiveness and evaluation systems; 42 States and the 
District of Columbia have moved forward to adopt high college- and 
career- ready standards; 16 States have altered laws or policies to 
create or expand the number of charter schools.
  Race to the Top is working. We know it is benefiting States that were 
successful in receiving funds but it is also working for States that 
did not receive funds, simply because those States have already enacted 
changes that will improve education. Many States remain committed to 
their new educational reforms regardless of their success in securing 
Race to the Top funding.
  Race to the Top can also play a unique role in local reforms. As I 
indicated earlier, this new bill would support districts that are 
committed to leading the way with bold comprehensive reform. I know 
some officials in my home State, Connecticut, were disappointed about 
not being selected as a Race to the Top winner. But I do believe the 
children in Connecticut were winners because we have strengthened our 
State laws, policies, and curriculum to lift our charter school caps, 
improve Science, Technology, Education, and Mathematics education, and 
strengthen our teacher evaluation process. I commend our State and 
local leaders that collaborated in making all of that possible. If we 
continue the Race to the Top program, as our bill would do, more 
States, and now districts, will be winners and we can continue this 
movement towards important educational reform.
  Race to the Top has been an effective catalyst for educational reform 
and has encouraged all stakeholders to come together and work together 
to improve state agendas. It is essential that we keep the momentum of 
the first two waves of Race to the Top moving forward. Other States and 
now districts deserve the opportunity to engage in comprehensive 
educational reform. Since our goal is to make all schools high quality 
schools, the real winner in the Race to the Top competition will be 
students across America.
  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. 844

       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 ``Race to the Top Act of 
     2011''.

     SEC. 2. RACE TO THE TOP.

       (a) In General.--Title VI of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7301 et seq.) is amended--
       (1) by redesignating part C as part D;
       (2) by redesignating sections 6301 and 6302 as sections 
     6401 and 6402, respectively; and
       (3) by inserting after part B the following:

                       ``PART C--RACE TO THE TOP

     ``SEC. 6301. PURPOSES.

       ``The purposes of this part are to--
       ``(1) provide incentives for States and local educational 
     agencies to implement comprehensive reforms and innovative 
     strategies that are designed to lead to--
       ``(A) significant improvements in outcomes for all 
     students, including improvements in student achievement, 
     secondary school graduation rates, postsecondary education 
     enrollment rates. and rates of postsecondary education 
     persistence; and
       ``(B) significant reductions in achievement gaps among 
     subgroups of students; and
       ``(2) encourage the broad identification, adoption, use, 
     dissemination, replication, and expansion of effective State 
     and local policies and practices that lead to significant 
     improvement in outcomes for all students, and the elimination 
     of those policies and practices that are not effective in 
     improving student outcomes.

     ``SEC. 6302. RESERVATION OF FUNDS.

       ``(a) Reservation.--From the amount made available to carry 
     out this part for a fiscal year, the Secretary may reserve 
     not more than 10 percent of such amount to carry out 
     activities related to--
       ``(1) technical assistance;
       ``(2) outreach and dissemination; and
       ``(3) prize awards made in accordance with section 24 of 
     the Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3719).
       ``(b) Availability of Funds.--Notwithstanding any other 
     provision of law, funds for prize awards under subsection 
     (a)(3) shall remain available until expended.

     ``SEC. 6303. PROGRAM AUTHORIZED.

       ``(a) In General.--From the amounts made available under 
     section 6308 for a fiscal year and not reserved under section 
     6302, the Secretary shall award grants, on a competitive 
     basis, to States or local educational agencies, or both, in 
     accordance with section 6304(b), to enable the States or 
     local educational agencies to carry out the purposes of this 
     part.
       ``(b) Grant and Subgrant Eligibility Limitations.--
       ``(1) ARRA state incentive grants.--A State that has 
     received a grant under section 14006 of division A of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5; 123 Stat. 283) may not receive a grant under this part 
     during the period of its grant under such section.
       ``(2) Number of grants.--A State or local educational 
     agency may not receive more than 1 grant under this part per 
     grant period.
       ``(3) Number of subgrants.--A local educational agency may 
     receive 1 grant and 1 subgrant under this part for the same 
     fiscal year.
       ``(c) Duration of Grants.--
       ``(1) In general.--A grant under this part shall be awarded 
     for a period of not more than 4 years.
       ``(2) Continuation of grants.--A State or local educational 
     agency that is awarded a grant under this part shall not 
     receive grant funds under this part for the second or any 
     subsequent year of the grant unless the State or local 
     educational agency demonstrates to the Secretary, at such 
     time and in such manner as determined by the Secretary, that 
     the State or local educational agency, respectively, is--
       ``(A) making progress in implementing the plan under 
     section 6304(a)(3) at a rate that the Secretary determines 
     will result in the State or agency fully implementing such 
     plan during the remainder of the grant period; or
       ``(B) making progress against the performance measures set 
     forth in section 6305 at a rate that the Secretary determines 
     will result in the State or agency reaching its targets and 
     achieving the objectives of the grant during the remainder of 
     the grant period.

     ``SEC. 6304. APPLICATIONS.

       ``(a) Applications.--Each State or local educational agency 
     that desires to receive a grant under this part shall submit 
     an application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     reasonably require. At a minimum, each such application shall 
     include--
       ``(1) documentation of the applicant's record, as 
     applicable--
       ``(A) in increasing student achievement, including for all 
     subgroups described in section 1111(b)(2)(C)(v)(II);
       ``(B) in decreasing achievement gaps, including for all 
     subgroups described in section 1111(b)(2)(C)(v)(II);
       ``(C) in increasing secondary school graduation rates, 
     including for all subgroups described in section 
     1111(b)(2)(C)(v)(II);
       ``(D) in increasing postsecondary education enrollment and 
     persistence rates, including for all subgroups described in 
     section 1111(b)(2)(C)(v)(II); and
       ``(E) with respect to any other performance measure 
     described in section 6305 that is not included in 
     subparagraphs (A) through (D);
       ``(2) evidence of conditions of innovation and reform that 
     the applicant has established and the applicant's proposed 
     plan for implementing additional conditions for innovation 
     and reform, including--
       ``(A) a description of how the applicant has identified and 
     eliminated ineffective practices in the past and the 
     applicant's plan for doing so in the future;
       ``(B) a description of how the applicant has identified and 
     promoted effective practices in the past and the applicant's 
     plan for doing so in the future; and

[[Page 6005]]

       ``(C) steps the applicant has taken and will take to 
     eliminate statutory, regulatory, procedural, or other 
     barriers and to facilitate the full implementation of the 
     proposed plan under this paragraph;
       ``(3) a comprehensive and coherent plan for using funds 
     under this part, and other Federal, State, and local funds, 
     to improve the applicant's performance on the measures 
     described in section 6305, consistent with criteria set forth 
     by the Secretary, including how the applicant will, if 
     applicable--
       ``(A) improve the effectiveness of teachers and school 
     leaders, and promote equity in the distribution of effective 
     teachers and school leaders, in order to ensure that low-
     income and minority children are not taught by ineffective 
     teachers, and are not in schools led by ineffective leaders, 
     at higher rates than other children;
       ``(B) strengthen the use of high-quality and timely data to 
     improve instructional practices, policies, and student 
     outcomes, including teacher evaluations;
       ``(C) implement internationally benchmarked, college- and 
     career-ready elementary and secondary academic standards, 
     including in the areas of assessment, instructional 
     materials, professional development, and strategies that 
     translate the standards into classroom practice;
       ``(D) turn around the persistently lowest-achieving 
     elementary schools and secondary schools served by the 
     applicant;
       ``(E) support or coordinate with early learning programs 
     for high-need children from birth through grade 3 to improve 
     school readiness and ensure that students complete grade 3 on 
     track for school success; and
       ``(F) create or maintain successful conditions for high-
     performing charter schools and other innovative, autonomous 
     public schools;
       ``(4)(A) in the case of an applicant that is a State--
       ``(i) evidence of collaboration between the State, its 
     local educational agencies, schools (as appropriate), 
     parents, teachers, and other stakeholders, in developing the 
     plan described in paragraph (3), including evidence of the 
     commitment and capacity to implement the plan; and
       ``(ii)(I) the names of the local educational agencies the 
     State has selected to participate in carrying out the plan; 
     or
       ``(II) a description of how the State will select local 
     educational agencies to participate in carrying out the plan; 
     or
       ``(B) in the case of an applicant that is a local 
     educational agency, evidence of collaboration between the 
     local educational agency, schools, parents, teachers, and 
     other stakeholders, in developing the plan described in 
     paragraph (3), including evidence of the commitment and 
     capacity to implement the plan;
       ``(5) the applicant's annual performance measures and 
     targets, consistent with the requirements of section 6305; 
     and
       ``(6) a description of the applicant's plan to conduct a 
     rigorous evaluation of the effectiveness of activities 
     carried out with funds under this part.
       ``(b) Criteria for Evaluating Applications.--
       ``(1) Award basis.--The Secretary shall award grants under 
     this part on a competitive basis, based on the quality of the 
     applications submitted under subsection (a), including--
       ``(A) each applicant's record in the areas described in 
     subsection (a)(1);
       ``(B) each applicant's record of, and commitment to, 
     establishing conditions for innovation and reform, as 
     described in subsection (a)(2);
       ``(C) the quality and likelihood of success of each 
     applicant's plan described in subsection (a)(3) in showing 
     improvement in the areas described in subsection (a)(1), 
     including each applicant's capacity to implement the plan and 
     evidence of collaboration as described in subsection (a)(4); 
     and
       ``(D) each applicant's evaluation plan as described in 
     subsection (a)(6).
       ``(2) Explanation.--The Secretary shall publish an 
     explanation of how the application review process under this 
     section will ensure an equitable and objective evaluation 
     based on the criteria described in paragraph (1).
       ``(c) Priority.--In awarding grants to local educational 
     agencies under this part, the Secretary shall give priority 
     to--
       ``(1) local educational agencies with the highest numbers 
     or percentages of children from families with incomes below 
     the poverty line; and
       ``(2) local educational agencies that serve schools 
     designated with a school locale code of 41, 42, or 43.

     ``SEC. 6305. PERFORMANCE MEASURES.

       ``Each State and each local educational agency receiving a 
     grant under this part shall establish performance measures 
     and targets, approved by the Secretary, for the programs and 
     activities carried out under this part. These measures shall, 
     at a minimum, track the State's or local educational agency's 
     progress in--
       ``(1) implementing its plan described in section 
     6304(a)(3); and
       ``(2) improving outcomes for all subgroups described in 
     section 1111(b)(2)(C)(v)(II) including, as applicable, by--
       ``(A) increasing student achievement;
       ``(B) decreasing achievement gaps;
       ``(C) increasing secondary school graduation rates;
       ``(D) increasing postsecondary education enrollment and 
     persistence rates;
       ``(E)(i) improving the effectiveness of teachers and school 
     leaders and increasing the retention of effective teachers 
     and school leaders; and
       ``(ii) promoting equity in the distribution of effective 
     teachers and school leaders in order to ensure that low-
     income and minority children are not taught by ineffective 
     teachers, and are not in schools led by ineffective leaders, 
     at higher rates than other children; and
       ``(F) making progress on any other measures identified by 
     the Secretary.

     ``SEC. 6306. USES OF FUNDS.

       ``(a) Grants to States.--Each State that receives a grant 
     under this part shall use--
       ``(1) not less than 50 percent of the grant funds to make 
     subgrants to the local educational agencies in the State that 
     participate in the State's plan under section 6304(a)(3), 
     based on such local educational agencies' relative shares of 
     funds under part A of title I for the most recent year for 
     which those data are available; and
       ``(2) not more than 50 percent of the grant funds for any 
     purpose included in the State's plan under section 
     6304(a)(3).
       ``(b) Grants to Local Educational Agencies.--Each local 
     educational agency that receives a grant under this part 
     shall use the grant funds for any purpose included in the 
     local educational agency's plan under section 6304(a)(3).
       ``(c) Subgrants to Local Educational Agencies.--Each local 
     educational agency that receives a subgrant under this part 
     from a State shall use the subgrant funds for any purpose 
     included in the State's plan under section 6304(a)(3).

     ``SEC. 6307. REPORTING.

       ``(a) Annual Reports.--A State or local educational agency 
     that receives a grant under this part shall submit to the 
     Secretary, at such time and in such manner as the Secretary 
     may require, an annual report including--
       ``(1) data on the State's or local educational agency's 
     progress in achieving the targets for the performance 
     measures established under section 6305;
       ``(2) a description of the challenges the State or agency 
     has faced in implementing its program and how it has 
     addressed or plans to address those challenges; and
       ``(3) findings from the evaluation plan as described in 
     section 6304(a)(6).
       ``(b) Local Reports.--Each local educational agency that 
     receives a subgrant from a State under this part shall submit 
     to the State such information as the State may require to 
     complete the annual report required under subsection (a).

     ``SEC. 6308. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $1,350,000,000 for fiscal year 2012 and such sums as may 
     be necessary for each of the 5 succeeding fiscal years.''.
       (b) Conforming Amendments.--The table of contents for the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C.7301 
     et seq.) is amended--
       (1) by striking the items relating to part C of title VI; 
     and
       (2) by inserting after the item relating to section 6234 
     the following:

                       ``Part C--Race to the Top

``Sec. 6301. Purposes.
``Sec. 6302. Reservation of funds.
``Sec. 6303. Program authorized.
``Sec. 6304. Applications.
``Sec. 6305. Performance measures.
``Sec. 6306. Uses of funds.
``Sec. 6307. Reporting.
``Sec. 6308. Authorization of appropriations.

                      ``Part D--General Provisions

``Sec. 6401. Prohibition against Federal mandates, direction, or 
              control.
``Sec. 6402. Rule of construction on equalized spending.''.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Casey, Mr. Menendez, Mr. 
        Lautenberg, and Mrs. Gillibrand):
  S. 850. A bill to provide for enhanced treatment, support, services, 
and research for individuals with autism spectrum disorders and their 
families; to the Committee on Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, the month of April is set aside as Autism 
Awareness Month. This is a time when people and families affected by 
autism raise awareness about the challenges people with autism face. I 
am proud today to introduce with my colleagues Senators Casey, 
Menendez, Lautenberg, and Gillibrand the Autism Services and Workforce 
Acceleration Act of 2011, which authorizes federal funding for 
services, treatment, support, and research on autism spectrum 
disorders.
  Everywhere I go in Illinois, I meet people whose lives have been 
affected by autism. My office receives hundreds of letters and phone 
calls each year

[[Page 6006]]

from Illinoisans asking Congress to do something to help with the 
burden that autism brings, and we are hearing from more and more 
families every year.
  Nationally, 1 out of every 110 children has autism. Autism affects 
children and families physically, psychologically, socially, and 
financially. It is often a major factor contributing to severe family 
financial difficulties, marital and family disruption, parental 
overburden that may lead to neglect and other developmental delays in 
siblings, as well as educational and employment challenges throughout 
the autistic person's life cycle.
  Unfortunately, parents are not only worried about getting the 
services they need for their autistic children when they are young. 
Parents must worry about how to care for their children as they mature 
into adults. I met two concerned parents from Illinois whose 20-year-
old son is profoundly affected by autism and has struggled with major 
behavioral problems. He was in a special education program at school, 
but his teachers didn't know how to deal with his behavioral problems 
and he was suspended on numerous occasions. Eventually, his parents 
found a school that was a better fit and his behavior improved. He is 
doing well now, but when he turns 22 he will no longer be eligible for 
services through the public school system. They are trying to find a 
place for him in a day program for adults with autism, but there are 
not enough of these programs, and the waitlists are long. These parents 
love their son, but worry every day about what will happen to him when 
they are too old to care for him.
  Across the country people with autism confront a precipitous drop in 
services after early adulthood. We need to help people with autism 
achieve their full potential by ensuring they can access to vital 
services that enhance their quality of life. This bill includes a 
provision that helps youth and adults with autism access essential 
post-secondary education, vocational training, employment, housing, 
transportation, and health services.
  During the 109th Congress, I cosponsored the Combating Autism Act, 
which was signed into law in December 2006. That bill called on the 
Federal Government to increase research into the causes and treatment 
of autism and to improve training and support for individuals with 
autism and their caretakers.
  The legislature in my home State of Illinois has also listened to the 
voices of the 26,000 families in the state living with autism. In 
response to the overwhelming cost of autism-related services, the State 
passed legislation signed into law in December 2008, requiring health 
plans to provide coverage for the diagnosis and treatment of autism.
  It is time now for the Federal Government to renew and build upon the 
commitments it has already made to help the millions of families across 
the nation struggling with autism.
  My legislation would support these individuals and families in 
several ways.
  First, the legislation creates a demonstration project to develop 
Autism Care Programs. These programs are designed to increase access to 
quality health care services and promote communication among health 
care providers, educators, and other service providers. Families who 
choose to access services through these programs would be able to 
designate a personal care coordinator as a source of contact for their 
family. This personal care coordinator would help to refer and 
coordinate a full array of medical, behavioral, mental health, 
educational and family care services to individuals and families in a 
single location.
  Next, the bill authorizes a grant program to provide services to 
youth and adults with autism. These services include post-secondary 
education, vocational and self advocacy skills, employment, residential 
services, health and wellness, recreational and social activities, 
transportation, and personal safety. These services will help youth and 
adults with autism live as independently as possible and improve their 
quality of life. With the increasing number of children diagnosed with 
autism, these services will only become more important over time.
  The bill authorizes grants to develop a national multimedia campaign 
to increase public education and awareness about healthy developmental 
milestones and autism throughout the lifespan. These campaigns will be 
targeted to general public audience and professional groups such as 
medical, criminal justice, or emergency professions.
  Finally, it creates a national training initiative on autism and a 
technical assistance center to develop and expand interdisciplinary 
training and continuing education on autism spectrum disorders.
  Taken together, these initiatives would go an enormous way in 
supporting and improving the lives of individuals with autism and their 
families.
  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. 850

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Autism 
     Services and Workforce Acceleration Act of 2011''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Parental rights rule of construction.
Sec. 4. Definitions; technical amendment to the Public Health Service 
              Act.
Sec. 5. Autism Care Programs Demonstration Project.
Sec. 6. Planning and demonstration grants for services for 
              transitioning youth and adults.
Sec. 7. Multimedia campaign.
Sec. 8. National training initiatives on autism spectrum disorders.
Sec. 9. Authorization of appropriations.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Autism (sometimes called ``classical autism'') is the 
     most common condition in a group of developmental disorders 
     known as autism spectrum disorders.
       (2) Autism spectrum disorders include autism as well as 
     Asperger syndrome, Retts syndrome, childhood disintegrative 
     disorder, and pervasive developmental disorder not otherwise 
     specified (usually referred to as PDD-NOS), as well as other 
     related developmental disorders.
       (3) Individuals with autism spectrum disorders have the 
     same rights as other individuals to exert control and choice 
     over their own lives, to live independently, and to 
     participate fully in, and contribute to, their communities 
     and society through full integration and inclusion in the 
     economic, political, social, cultural, and educational 
     mainstream of society. Individuals with autism spectrum 
     disorders have the right to a life with dignity and purpose.
       (4) While there is no uniform prevalence or severity of 
     symptoms associated with autism spectrum disorders, the 
     National Institutes of Health has determined that autism 
     spectrum disorders are characterized by 3 distinctive 
     behaviors: impaired social interaction, problems with verbal 
     and nonverbal communication, and unusual, repetitive, or 
     severely limited activities and interests.
       (5) Both children and adults with autism spectrum disorders 
     can show difficulties in verbal and nonverbal communication, 
     social interactions, and sensory processing. Individuals with 
     autism spectrum disorders exhibit different symptoms or 
     behaviors, which may range from mild to significant, and 
     require varying degrees of support from friends, families, 
     service providers, and communities.
       (6) Individuals with autism spectrum disorders often need 
     assistance in the areas of comprehensive early intervention, 
     health, recreation, job training, employment, housing, 
     transportation, and early, primary, and secondary education. 
     Greater coordination and streamlining within the service 
     delivery system will enable individuals with autism spectrum 
     disorders and their families to access assistance from all 
     sectors throughout an individual's lifespan.
       (7) A 2009 report from the Centers for Disease Control and 
     Prevention found that the prevalence of autism spectrum 
     disorders is estimated to be 1 in 110 people in the United 
     States.
       (8) The Harvard School of Public Health reported that the 
     cost of caring for and treating individuals with autism 
     spectrum disorders in the United States is more than 
     $35,000,000,000 annually (an estimated $3,200,000 over an 
     individual's lifetime).
       (9) Although the overall incidence of autism is consistent 
     around the globe, researchers with the Journal of Paediatrics 
     and Child Health have found that males are 4 times more 
     likely to develop an autism spectrum disorder than females. 
     Autism

[[Page 6007]]

     spectrum disorders know no racial, ethnic, or social 
     boundaries, nor differences in family income, lifestyle, or 
     educational levels, and can affect any child.
       (10) Individuals with autism spectrum disorders from low-
     income, rural, and minority communities often face 
     significant obstacles to accurate diagnosis and necessary 
     specialized services, supports, and education.
       (11) There is strong consensus within the research 
     community that intensive treatment as soon as possible 
     following diagnosis not only can reduce the cost of lifelong 
     care by two-thirds, but also yields the most positive life 
     outcomes for children with autism spectrum disorders.
       (12) Individuals with autism spectrum disorders and their 
     families experience a wide range of medical issues. Few 
     common standards exist for the diagnosis and management of 
     many aspects of clinical care. Behavioral difficulties may be 
     attributed to the overarching disorder rather than to the 
     pain and discomfort of a medical condition, which may go 
     undetected and untreated. The health care and other 
     treatments available in different communities can vary 
     widely. Many families, lacking access to comprehensive and 
     coordinated health care, must fend for themselves to find the 
     best health care, treatments, and services in a complex 
     clinical world.
       (13) Effective health care, treatment, and services for 
     individuals with autism spectrum disorders depends upon a 
     continuous exchange among researchers and caregivers. 
     Evidence-based and promising autism practices should move 
     quickly into communities, allowing individuals with autism 
     spectrum disorders and their families to benefit from the 
     newest research and enabling researchers to learn from the 
     life experiences of the people whom their work most directly 
     affects.
       (14) There is a critical shortage of appropriately trained 
     personnel across numerous important disciplines who can 
     assess, diagnose, treat, and support children and adults with 
     autism spectrum disorders and their families. Practicing 
     professionals, as well as those in training to become 
     professionals, need the most up-to-date practices informed by 
     the most current research findings.
       (15) The appropriate goals of the Nation regarding 
     individuals with autism spectrum disorder are the same as the 
     appropriate goals of the Nation regarding individuals with 
     disabilities in general, as established in the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12101 et seq.): to assure 
     equality of opportunity, full participation, independent 
     living, and economic self-sufficiency for such individuals.
       (16) Finally, individuals with autism spectrum disorders 
     are often denied health care benefits solely because of their 
     diagnosis, even though proven, effective treatments for 
     autism spectrum disorders do exist.

     SEC. 3. PARENTAL RIGHTS RULE OF CONSTRUCTION.

       Nothing in this Act shall be construed to modify the legal 
     rights of parents or legal guardians under Federal, State, or 
     local law regarding the care of their children.

     SEC. 4. DEFINITIONS; TECHNICAL AMENDMENT TO THE PUBLIC HEALTH 
                   SERVICE ACT.

       Part R of title III of the Public Health Service Act (42 
     U.S.C. 280i et seq.) is amended--
       (1) by inserting after the header for part R the following:

   ``Subpart 1--Surveillance and Research Program; Education, Early 
             Detection, and Intervention; and Reporting'';

       (2) in section 399AA(d), by striking ``part'' and inserting 
     ``subpart''; and
       (3) by adding at the end the following:

  ``Subpart 2--Care for People With Autism Spectrum Disorders; Public 
                               Education

     ``SEC. 399GG. DEFINITIONS.

       ``Except as otherwise provided, in this subpart:
       ``(1) Adult with autism spectrum disorder.--The term `adult 
     with autism spectrum disorder' means an individual with an 
     autism spectrum disorder who has attained 22 years of age.
       ``(2) Affected individual.--The term `affected individual' 
     means an individual with an autism spectrum disorder.
       ``(3) Autism.--The term `autism' means an autism spectrum 
     disorder or a related developmental disability.
       ``(4) Autism care program.--In this subpart, the term 
     `autism care program' means a program that is directed by a 
     care coordinator who is an expert in autism spectrum disorder 
     treatment and practice and provides an array of medical, 
     psychological, behavioral, educational, and family services 
     to individuals with autism and their families. Such a program 
     shall--
       ``(A) incorporate the attributes of the care management 
     model;
       ``(B) offer, through an array of services or through 
     detailed referral and coordinated care arrangements, an 
     autism management team of appropriate providers, including 
     behavioral specialists, physicians, psychologists, social 
     workers, family therapists, nurse practitioners, nurses, 
     educators, and other appropriate personnel; and
       ``(C) have the capability to achieve improvements in the 
     management and coordination of care for targeted 
     beneficiaries.
       ``(5) Autism management team.--The term `autism management 
     team' means a group of autism care providers, including 
     behavioral specialists, physicians, psychologists, social 
     workers, family therapists, nurse practitioners, nurses, 
     educators, other appropriate personnel, and family members 
     who work in a coordinated manner to treat individuals with 
     autism spectrum disorders and their families. Such team shall 
     determine the specific structure and operational model of its 
     specific autism care program, taking into consideration 
     cultural, regional, and geographical factors.
       ``(6) Autism spectrum disorder.--The term `autism spectrum 
     disorder' means a developmental disability that causes 
     substantial impairments in the areas of social interaction, 
     emotional regulation, communication, and the integration of 
     higher-order cognitive processes and which may be 
     characterized by the presence of unusual behaviors and 
     interests. Such term includes autistic disorder, pervasive 
     developmental disorder (not otherwise specified), Asperger 
     syndrome, Retts disorder, childhood disintegrative disorder, 
     and other related developmental disorders.
       ``(7) Care management model.--The term `care management 
     model' means a model of care that with respect to autism--
       ``(A) is centered on the relationship between an individual 
     with an autism spectrum disorder and his or her family and 
     their personal autism care coordinator;
       ``(B) provides services to individuals with autism spectrum 
     disorders to improve the management and coordination of care 
     provided to individuals and their families; and
       ``(C) has established, where practicable, effective 
     referral relationships between the autism care coordinator 
     and the major medical, educational, and behavioral 
     specialties and ancillary services in the region.
       ``(8) Child with autism spectrum disorder.--The term `child 
     with autism spectrum disorder' means an individual with an 
     autism spectrum disorder who has not attained 22 years of 
     age.
       ``(9) Interventions.--The term `interventions' means the 
     educational methods and positive behavioral support 
     strategies designed to improve or ameliorate symptoms 
     associated with autism spectrum disorders.
       ``(10) Personal care coordinator.--The term `personal care 
     coordinator' means a physician, nurse, nurse practitioner, 
     psychologist, social worker, family therapist, educator, or 
     other appropriate personnel (as determined by the Secretary) 
     who has extensive expertise in treatment and services for 
     individuals with autism spectrum disorders, who--
       ``(A) practices in an autism care program; and
       ``(B) has been trained to coordinate and manage 
     comprehensive autism care for the whole person.
       ``(11) Project.--The term `project' means the autism care 
     program demonstration project established under section 
     399GG-1.
       ``(12) Services.--The term `services' means services to 
     assist individuals with autism spectrum disorders to live 
     more independently in their communities and to improve their 
     quality of life.
       ``(13) Treatments.--The term `treatments' means the health 
     services, including mental health and behavioral therapy 
     services, designed to improve or ameliorate symptoms 
     associated with autism spectrum disorders.''.

     SEC. 5. AUTISM CARE PROGRAMS DEMONSTRATION PROJECT.

       Part R of title III of the Public Health Service Act (42 
     U.S.C. 280i), as amended by section 4, is further amended by 
     adding at the end the following:

     ``SEC. 399GG-1. AUTISM CARE PROGRAMS DEMONSTRATION PROJECT.

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of the Autism Services and Workforce Acceleration 
     Act of 2011, the Secretary, acting through the Administrator 
     of the Health Resources and Services Administration, shall 
     establish a demonstration project for the implementation of 
     an Autism Care Program (referred to in this section as the 
     `Program') to provide grants and other assistance to improve 
     the effectiveness and efficiency in providing comprehensive 
     care to individuals diagnosed with autism spectrum disorders 
     and their families.
       ``(b) Goals.--The Program shall be designed--
       ``(1) to increase--
       ``(A) comprehensive autism spectrum disorder care delivery;
       ``(B) access to appropriate health care services, 
     especially wellness and prevention care, at times convenient 
     for individuals;
       ``(C) satisfaction of individuals with autism spectrum 
     disorders;
       ``(D) communication among autism spectrum disorder health 
     care providers, behaviorists, educators, specialists, 
     hospitals, and other autism spectrum disorder care providers;
       ``(E) academic progress of students with autism spectrum 
     disorders;
       ``(F) successful transition to postsecondary education, 
     vocational or job training and placement, and comprehensive 
     adult services

[[Page 6008]]

     for individuals with autism spectrum disorders, focusing in 
     particular upon the transitional period for individuals 
     between the ages of 18 and 25;
       ``(G) the quality of health care services, taking into 
     account nationally developed standards and measures;
       ``(H) development, review, and promulgation of common 
     clinical standards and guidelines for medical care to 
     individuals with autism spectrum disorders;
       ``(I) development of clinical research projects to support 
     clinical findings in a search for recommended practices; and
       ``(J) the quality of life of individuals with autism 
     spectrum disorders, including communication abilities, social 
     skills, community integration, self-determination, and 
     employment and other related services; and
       ``(2) to decrease--
       ``(A) inappropriate emergency room utilization;
       ``(B) avoidable hospitalizations;
       ``(C) the duplication of health care services;
       ``(D) the inconvenience of multiple provider locations;
       ``(E) health disparities and inequalities that individuals 
     with autism spectrum disorders face; and
       ``(F) preventable and inappropriate involvement with the 
     juvenile and criminal justice systems.
       ``(c) Eligible Entities.--To be eligible to receive 
     assistance under the Program, an entity shall--
       ``(1) be a State or a public or private nonprofit entity;
       ``(2) coordinate activities with the applicable University 
     Centers for Excellence in Developmental Disabilities, the 
     Council on Developmental Disabilities, and the Protection and 
     Advocacy System;
       ``(3) demonstrate a capacity to provide services to 
     individuals with developmental disabilities and autism 
     spectrum disorder;
       ``(4) agree to establish and implement treatments, 
     interventions, and services that--
       ``(A) enable targeted beneficiaries to designate a personal 
     care coordinator to be their source of first contact and to 
     recommend comprehensive and coordinated care for the whole of 
     the individual;
       ``(B) provide for the establishment of a coordination of 
     care committee that is composed of clinicians and 
     practitioners trained in and working in autism spectrum 
     disorder intervention;
       ``(C) establish a network of physicians, psychologists, 
     family therapists, behavioral specialists, social workers, 
     educators, and health centers that have volunteered to 
     participate as consultants to patient-centered autism care 
     programs to provide high-quality care, focusing on autism 
     spectrum disorder care, at the appropriate times and places 
     and in a cost-effective manner;
       ``(D) work in cooperation with hospitals, local public 
     health departments, and the network of patient-centered 
     autism care programs, to coordinate and provide health care;
       ``(E) utilize health information technology to facilitate 
     the provision and coordination of health care by network 
     participants; and
       ``(F) collaborate with other entities to further the goals 
     of the program, particularly by collaborating with entities 
     that provide transitional adult services to individuals 
     between the ages of 18 and 25 with autism spectrum disorder, 
     to ensure successful transition of such individuals to 
     adulthood; and
       ``(5) submit to the Secretary an application, at such time, 
     in such manner, and containing such information as the 
     Secretary may require, including--
       ``(A) a description of the treatments, interventions, or 
     services that the eligible entity proposes to provide under 
     the Program;
       ``(B) a demonstration of the capacity of the eligible 
     entity to provide or establish such treatments, 
     interventions, and services within such entity;
       ``(C) a description of the treatments, interventions, or 
     services that are available to individuals with autism in the 
     State;
       ``(D) a description of the gaps in services that exist in 
     different geographic segments of the State;
       ``(E) a demonstration of the capacity of the eligible 
     entity to monitor and evaluate the outcomes of the 
     treatments, interventions, and services described in 
     subparagraph (A);
       ``(F) estimates of the number of individuals and families 
     who will be served by the eligible entity under the Program, 
     including an estimate of the number of such individuals and 
     families in medically underserved areas;
       ``(G) a description of the ability of the eligible entity 
     to enter into partnerships with community-based or nonprofit 
     providers of treatments, interventions, and services, which 
     may include providers that act as advocates for individuals 
     with autism spectrum disorders and local governments that 
     provide services for individuals with autism spectrum 
     disorders at the community level;
       ``(H) a description of the ways in which access to such 
     treatments and services may be sustained following the 
     Program period;
       ``(I) a description of the ways in which the eligible 
     entity plans to collaborate with other entities to develop 
     and sustain an effective protocol for successful transition 
     from children's services to adult services for individuals 
     with autism spectrum disorder, particularly for individuals 
     between the ages of 18 and 25; and
       ``(J) a description of the compliance of the eligible 
     entity with the integration requirement provided under 
     section 302 of the Americans with Disabilities Act of 1990 
     (42 U.S.C. 12182).
       ``(d) Grants.--The Secretary shall award 3-year grants to 
     eligible entities whose applications are approved under 
     subsection (c). Such grants shall be used to--
       ``(1) carry out a program designed to meet the goals 
     described in subsection (b) and the requirements described in 
     subsection (c); and
       ``(2) facilitate coordination with local communities to be 
     better prepared and positioned to understand and meet the 
     needs of the communities served by autism care programs.
       ``(e) Advisory Councils.--
       ``(1) In general.--Each recipient of a grant under this 
     section shall establish an autism care program advisory 
     council, which shall advise the autism care program regarding 
     policies, priorities, and services.
       ``(2) Membership.--Each recipient of a grant shall appoint 
     members of the recipient's advisory council, which shall 
     include a variety of autism care program service providers, 
     individuals from the public who are knowledgeable about 
     autism spectrum disorders, individuals receiving services 
     through the Program, and family members of such individuals. 
     At least 60 percent of the membership shall be comprised of 
     individuals who have received, or are receiving, services 
     through the Program or who are family members of such 
     individuals.
       ``(3) Chairperson.--The recipient of a grant shall appoint 
     a chairperson to the advisory council of the recipient's 
     autism care program who shall be--
       ``(A) an individual with autism spectrum disorder who has 
     received, or is receiving, services through the Program; or
       ``(B) a family member of such an individual.
       ``(f) Evaluation.--The Secretary shall enter into a 
     contract with an independent third-party organization with 
     expertise in evaluation activities to conduct an evaluation 
     and, not later than 180 days after the conclusion of the 3-
     year grant program under this section, submit a report to the 
     Secretary, which may include measures such as whether and to 
     what degree the treatments, interventions, and services 
     provided through the Program have resulted in improved 
     health, educational, employment, and community integration 
     outcomes for individuals with autism spectrum disorders, or 
     other measures, as the Secretary determines appropriate.
       ``(g) Administrative Expenses.--Of the amounts appropriated 
     to carry out this section, the Secretary shall allocate not 
     more than 7 percent for administrative expenses, including 
     the expenses related to carrying out the evaluation described 
     in subsection (f).
       ``(h) Supplement Not Supplant.--Amounts provided to an 
     entity under this section shall be used to supplement, not 
     supplant, amounts otherwise expended for existing treatments, 
     interventions, and services for individuals with autism 
     spectrum disorders.''.

     SEC. 6. PLANNING AND DEMONSTRATION GRANTS FOR SERVICES FOR 
                   TRANSITIONING YOUTH AND ADULTS.

       Part R of title III of the Public Health Service Act (42 
     U.S.C. 280i), as amended by section 5, is further amended by 
     adding at the end the following:

     ``SEC. 399GG-2. PLANNING AND DEMONSTRATION GRANTS FOR 
                   SERVICES FOR TRANSITIONING YOUTH AND ADULTS.

       ``(a) In General.--
       ``(1) Establishment.--The Secretary shall establish the 
     grants described in paragraph (2) in order to enable selected 
     eligible entities to provide appropriate services--
       ``(A) to youth with autism spectrum disorders who are 
     transitioning from secondary education to careers or 
     postsecondary education (referred to in this section as 
     `transitioning youth'); and
       ``(B) to adults with autism spectrum disorders, including 
     individuals who are typically underserved, to enable such 
     individuals to be as independent as possible.
       ``(2) Grants.--The grants described in this paragraph are--
       ``(A) a one-time, single-year planning grant program for 
     eligible entities; and
       ``(B) a multiyear service provision demonstration grant 
     program for selected eligible entities.
       ``(b) Purpose of Grants.--Grants shall be awarded to 
     eligible entities to provide all or part of the funding 
     needed to carry out programs that focus on critical aspects 
     of life for transitioning youth and adults with autism 
     spectrum disorders, such as--
       ``(1) postsecondary education, vocational training, self-
     advocacy skills, and employment;
       ``(2) residential services and supports, housing, and 
     transportation;
       ``(3) nutrition, health and wellness, recreational and 
     social activities; and
       ``(4) personal safety and the needs of individuals with 
     autism spectrum disorders who become involved with the 
     criminal justice system.

[[Page 6009]]

       ``(c) Eligible Entity.--An eligible entity desiring to 
     receive a grant under this section shall be a State or other 
     public or private nonprofit organization, including an autism 
     care program.
       ``(d) Planning Grants.--
       ``(1) In general.--The Secretary shall award one-time 
     grants to eligible entities to support the planning and 
     development of initiatives that will expand and enhance 
     service delivery systems for transitioning youth and adults 
     with autism spectrum disorders.
       ``(2) Application.--In order to receive such a grant, an 
     eligible entity shall--
       ``(A) submit an application at such time and containing 
     such information as the Secretary may require; and
       ``(B) demonstrate the ability to carry out such planning 
     grant in coordination with the State Developmental 
     Disabilities Council and organizations representing or 
     serving individuals with autism spectrum disorders and their 
     families.
       ``(e) Implementation Grants.--
       ``(1) In general.--The Secretary shall award grants to 
     eligible entities that have received a planning grant under 
     subsection (d) to enable such entities to provide appropriate 
     services to transitioning youth and adults with autism 
     spectrum disorders.
       ``(2) Application.--In order to receive a grant under 
     paragraph (1), the eligible entity shall submit an 
     application at such time and containing such information as 
     the Secretary may require, including--
       ``(A) the services that the eligible entity proposes to 
     provide and the expected outcomes for individuals with autism 
     spectrum disorders who receive such services;
       ``(B) the number of individuals and families who will be 
     served by such grant, including an estimate of the 
     individuals and families in underserved areas who will be 
     served by such grant;
       ``(C) the ways in which services will be coordinated among 
     both public and nonprofit providers of services for 
     transitioning youth and adults with disabilities, including 
     community-based services;
       ``(D) where applicable, the process through which the 
     eligible entity will distribute funds to a range of 
     community-based or nonprofit providers of services, including 
     local governments, and such entity's capacity to provide such 
     services;
       ``(E) the process through which the eligible entity will 
     monitor and evaluate the outcome of activities funded through 
     the grant, including the effect of the activities upon adults 
     with autism spectrum disorders who receive such services;
       ``(F) the plans of the eligible entity to coordinate and 
     streamline transitions from youth to adult services;
       ``(G) the process by which the eligible entity will ensure 
     compliance with the integration requirement provided under 
     section 302 of the Americans With Disabilities Act of 1990 
     (42 U.S.C. 12182); and
       ``(H) a description of how such services may be sustained 
     following the grant period.
       ``(f) Evaluation.--The Secretary shall contract with a 
     third-party organization with expertise in evaluation to 
     evaluate such demonstration grant program and, not later than 
     180 days after the conclusion of the grant program under 
     subsection (e), submit a report to the Secretary. The 
     evaluation and report may include an analysis of whether and 
     to what extent the services provided through the grant 
     program described in this section resulted in improved 
     health, education, employment, and community integration 
     outcomes for adults with autism spectrum disorders, or other 
     measures, as the Secretary determines appropriate.
       ``(g) Administrative Expenses.--Of the amounts appropriated 
     to carry out this section, the Secretary shall set aside not 
     more than 7 percent for administrative expenses, including 
     the expenses related to carrying out the evaluation described 
     in subsection (f).
       ``(h) Supplement, Not Supplant.--Demonstration grant funds 
     provided under this section shall supplement, not supplant, 
     existing treatments, interventions, and services for 
     individuals with autism spectrum disorders.''.

     SEC. 7. MULTIMEDIA CAMPAIGN.

       Part R of title III of the Public Health Service Act (42 
     U.S.C. 280i), as amended by section 6, is further amended by 
     adding at the end the following:

     ``SEC. 399GG-3. MULTIMEDIA CAMPAIGN.

       ``(a) In General.--The Secretary, in order to enhance 
     existing awareness campaigns and provide for the 
     implementation of new campaigns, shall award grants to public 
     and nonprofit private entities for the purpose of carrying 
     out multimedia campaigns to increase public education and 
     awareness and reduce stigma concerning--
       ``(1) healthy developmental milestones for infants and 
     children that may assist in the early identification of the 
     signs and symptoms of autism spectrum disorders; and
       ``(2) autism spectrum disorders through the lifespan and 
     the challenges that individuals with autism spectrum 
     disorders face, which may include transitioning into 
     adulthood, securing appropriate job training or postsecondary 
     education, securing and holding jobs, finding suitable 
     housing, interacting with the correctional system, increasing 
     independence, and attaining a good quality of life.
       ``(b) Eligibility.--To be eligible to receive a grant under 
     subsection (a), an entity shall--
       ``(1) submit to the Secretary an application at such time, 
     in such manner, and containing such information as the 
     Secretary may require; and
       ``(2) provide assurance that the multimedia campaign 
     implemented under such grant will provide information that is 
     tailored to the intended audience, which may be a diverse 
     public audience or a specific audience, such as health 
     professionals, criminal justice professionals, or emergency 
     response professionals.''.

     SEC. 8. NATIONAL TRAINING INITIATIVES ON AUTISM SPECTRUM 
                   DISORDERS.

       Part R of title III of the Public Health Service Act (42 
     U.S.C. 280i), as amended by section 7, is further amended by 
     adding at the end the following:

     ``SEC. 399GG-4. NATIONAL TRAINING INITIATIVES ON AUTISM 
                   SPECTRUM DISORDERS.

       ``(a) National Training Initiative Supplemental Grants.--
       ``(1) In general.--The Secretary shall award multiyear 
     national training initiative supplemental grants to eligible 
     entities so that such entities may provide training and 
     technical assistance and to disseminate information, in order 
     to enable such entities to address the unmet needs of 
     individuals with autism spectrum disorders and their 
     families.
       ``(2) Eligible entity.--To be eligible to receive 
     assistance under this section an entity shall--
       ``(A) be a public or private nonprofit entity, including 
     University Centers for Excellence in Developmental 
     Disabilities and other service, training, and academic 
     entities; and
       ``(B) submit an application as described in paragraph (3).
       ``(3) Requirements.--An eligible entity that desires to 
     receive a grant under this paragraph shall submit to the 
     Secretary an application containing such agreements and 
     information as the Secretary may require, including 
     agreements that the training program shall--
       ``(A) provide training and technical assistance in 
     evidence-based practices of effective interventions, 
     services, treatments, and supports to children and adults on 
     the autism spectrum and their families, and evaluate the 
     implementation of such practices;
       ``(B) provide trainees with an appropriate balance of 
     interdisciplinary academic and community-based experiences;
       ``(C) have a demonstrated capacity to include individuals 
     with autism spectrum disorders, parents, and family members 
     as part of the training program to ensure that a person and 
     family-centered approach is used;
       ``(D) provide to the Secretary, in the manner prescribed by 
     the Secretary, data regarding the outcomes of the provision 
     of training and technical assistance;
       ``(E) demonstrate a capacity to share and disseminate 
     materials and practices that are developed and evaluated to 
     be effective in the provision of training and technical 
     assistance; and
       ``(F) provide assurances that training, technical 
     assistance, and information dissemination performed under 
     grants made pursuant to this paragraph shall be consistent 
     with the goals established under already existing disability 
     programs authorized under Federal law and conducted in 
     coordination with other relevant State agencies and service 
     providers.
       ``(4) Activities.--An entity that receives a grant under 
     this section shall expand and develop interdisciplinary 
     training and continuing education initiatives for health, 
     allied health, and educational professionals by engaging in 
     the following activities:
       ``(A) Promoting and engaging in training for health, allied 
     health, and educational professionals to identify, diagnose, 
     and develop interventions for individuals with, or at risk of 
     developing, autism spectrum disorders.
       ``(B) Expanding the availability of training and 
     dissemination of information regarding effective, lifelong 
     interventions, educational services, and community supports.
       ``(C) Providing training and technical assistance in 
     collaboration with relevant State, regional, or national 
     agencies, institutions of higher education, and advocacy 
     groups or community-based service providers, including health 
     and allied health professionals, employment providers, direct 
     support professionals, emergency first responder personnel, 
     and law enforcement officials.
       ``(D) Developing mechanisms to provide training and 
     technical assistance, including for-credit courses, intensive 
     summer institutes, continuing education programs, distance-
     based programs, and web-based information dissemination 
     strategies.
       ``(E) Collecting data on the outcomes of training and 
     technical assistance programs to meet statewide needs for the 
     expansion of services to children with autism spectrum 
     disorders and adults with autism spectrum disorders.
       ``(b) Technical Assistance.--The Secretary shall reserve 2 
     percent of the appropriated funds to make a grant to a 
     national organization with demonstrated capacity for 
     providing training and technical assistance

[[Page 6010]]

     to the entities receiving grants under subsection (a) to 
     enable such entities to--
       ``(1) assist in national dissemination of specific 
     information, including evidence-based and promising best 
     practices, from interdisciplinary training programs, and when 
     appropriate, other entities whose findings would inform the 
     work performed by entities awarded grants;
       ``(2) compile and disseminate strategies and materials that 
     prove to be effective in the provision of training and 
     technical assistance so that the entire network can benefit 
     from the models, materials, and practices developed in 
     individual programs;
       ``(3) assist in the coordination of activities of grantees 
     under this section;
       ``(4) develop an Internet web portal that will provide 
     linkages to each of the individual training initiatives and 
     provide access to training modules, promising training, and 
     technical assistance practices and other materials developed 
     by grantees;
       ``(5) convene experts from multiple interdisciplinary 
     training programs and individuals with autism spectrum 
     disorders and their families to discuss and make 
     recommendations with regard to training issues related to the 
     assessment, diagnosis of, treatment, interventions and 
     services for, children and adults with autism spectrum 
     disorders; and
       ``(6) undertake any other functions that the Secretary 
     determines to be appropriate.
       ``(c) Supplement Not Supplant.--Amounts provided under this 
     section shall be used to supplement, not supplant, amounts 
     otherwise expended for existing network or organizational 
     structures.''.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated for fiscal years 
     2012 through 2016 such sums as may be necessary to carry out 
     this Act.
                                 ______
                                 
      By Mr. HARKIN (for himself, Mr. Bingaman, Mr. Bennet, Mr. 
        Franken, Mr. Brown of Ohio, and Mrs. Gillibrand):
  S. 851. A bill to establish expanded learning time initiatives, and 
for other purposes; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. HARKIN. Mr. President, as we seek to ensure that our students 
have the knowledge and skills they need to succeed in college and 
careers, we must revisit how learning time is structured to help them 
meet the ever-rising expectations and ever-growing demands of the 21st 
century global economy. The Time for Innovation Matters in Education 
Act, or TIME Act, would provide high-need schools with the resources 
they need to expand the school day, week, or year so students have more 
time to learn. By providing additional time for more in-depth and 
rigorous learning opportunities in core and other academic subjects, as 
well as enrichment activities that contribute to a well-rounded 
education, we can increase students' academic engagement and outcomes 
to help close our nation's achievement gap. That is why I am pleased to 
introduce this legislation, which my colleague Rep. Donald Payne will 
introduce in the House, today.
  Under our present school calendar, most American students spend 6 
hours a day for 180 days in school each year. This outdated calendar 
was designed to meet the needs of a farm- and factory-based economy in 
the early 20th century, and fails to provide students with the learning 
time needed to complete a rigorous curriculum and meet high standards. 
In fact, American students spend about 30 percent less time in school 
than students in other leading nations, leaving American students at a 
competitive disadvantage. For example, students in China, Japan, and 
South Korea attend school 40 days more on average than American 
students and significantly outperform American students on average in 
math and science. To strengthen our competitiveness and remain a global 
leader, we must increase how much learning time we provide our 
students, especially our at-risk students.
  The TIME Act would give schools the flexibility to comprehensively 
redesign and expand their schedules and increase learning time by at 
least 30 percent to meet students' diverse academic needs and 
interests. The TIME Act's goal is not merely to encourage schools to 
add more time at the end of the day, but to take a close look at how 
they use their time and to redesign the entire school schedule to 
create a program or curriculum with teaching and learning opportunities 
to better meet students' needs. This legislation encourages strong 
partnerships between schools and community partners such as community-
based organizations, institutions of higher education, and cultural 
organizations to help provide students with a broader and richer 
learning experience, which should include music, fine arts, and 
physical education--important pursuits that all too often lose ground 
in our schools due to a focus on reading and math.
  Many schools around the country have expanded learning time in their 
calendars with promising results, such as Boston's Clarence Edwards 
Middle School, which was one of the lowest-performing schools just a 
few years ago. But in only three years of expanded learning time, 
dedicated school leaders and teachers were able to redesign and 
transform the school into one of the city's and state's highest-
performing schools. Students, particularly those who are furthest 
behind, benefit from more time for learning, and programs that 
significantly increase the total number of hours in a regular school 
schedule lead to gains in student academic achievement. In 2006, 
minority students and students with disabilities in Clarence Edwards 
scored far below the state averages in English and math, and while 
English language learners met state averages in math, none were 
proficient in English. By 2009, every subgroup met or outperformed 
state averages, in most cases by wide margins.
  According to research, expanded learning time is especially important 
for our high-need students. Students in disadvantaged families show a 
drop-off in learning over long summer recesses compared to their 
higher-income classmates, and they fall farther behind each year. These 
students are also less likely to have parents with the time and 
resources to help them with their school work. Expanded learning time 
can help these students accelerate gains and catch up on their learning 
gaps by expanding the school year and shortening summer recess. In 
addition to those at risk of falling behind, more time for learning 
helps students who are on grade level get ahead by providing additional 
time for enrichment and a broader curriculum. Additional time also 
enables more students to participate in experiential and interactive 
learning, internships, and other work- based and service learning 
opportunities in their schools and communities, all of which help keep 
students engaged in school and make school more relevant.
  Equally important, expanded learning time initiatives provide 
teachers with increased opportunities to work collaboratively and to 
participate in common planning, within and across grades and subjects, 
to improve instruction, and, in turn, increase student achievement. 
This extra time in the school schedule empowers teachers to complete 
the curriculum, meet the needs of all students, and collaborate with 
colleagues. The TIME Act requires grantees to design comprehensive 
plans, in collaboration with teachers, to encompass professional 
development that focuses on changes in teaching practices and 
curriculum delivery that will result in improved student academic 
achievement as well as student engagement and success.
  To accurately assess the difference these programs make, the TIME Act 
calls for a rigorous evaluation that will measure several critical 
performance indicators. We need to know which models and practices 
produce the best outcomes for students and this evaluation will ensure 
that we identify and disseminate them nationwide. As we reauthorize the 
Elementary and Secondary Education Act, I am committed to helping 
communities offer expanded learning time so that more students can 
succeed.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
                                 ______
                                 
      By Mr. LEAHY (for himself, Mr. Enzi, Mr. Sanders, Mr. Kohl, Mr. 
        Schumer, and Mrs. Gillibrand):
  S. 852. A bill to improve the H-2A agricultural worker program for 
use by dairy workers, sheepherders, and goat herders, and for other 
purposes; to the Committee on the Judiciary.

[[Page 6011]]


  Mr. LEAHY. Mr. President, in the 111th Congress, after hearing the 
concerns of Vermont's dairy farmers, I introduced the H-2A Improvement 
Act in order to give the dairy industry access to legal foreign workers 
under our agricultural visa program. I am proud to introduce this 
legislation once again, and I am especially pleased to have Senator 
Enzi join me as a cosponsor of this bill. I thank the senior Senator 
from Wyoming for his support, and I look forward to working with him to 
advance this legislation. I also thank Senators Sanders, Schumer, Kohl, 
and Gillibrand for their support.
  Our bill adds an explicit provision to the H-2A law to allow dairy 
workers, sheepherders, and goatherders to obtain visas through the H-2A 
visa program to assist American farmers. Under current law, the dairy 
industry is completely excluded from obtaining lawful H-2A workers. 
Under current Department of Labor regulations and guidance, the 
employers of foreign sheepherders and goatherders in the Western States 
can use the H-2A program. The authority for these employers to do so is 
not codified, however, and is therefore subject to the whims of a 
Federal agency. This legislation will provide the express authority and 
certainty for these important agricultural industries to use the visa 
program as Congress intended.
  Although milk prices have improved over the past year, dairy farmers 
still struggle to meet their labor needs. I have heard from Vermont 
farmers, Vermont's Secretary of Agriculture, and the broader dairy 
industry about the challenges the current situation presents. I 
recognize that the H-2A program is imperfect, and I recognize that the 
best solution is the comprehensive approach in the AgJOBS bill. But 
basic access to the H-2A program is a better option than what dairy 
farmers now have, which is no access at all. It is simply illogical to 
subject such an important agricultural sector to unequal treatment. The 
denial of access to lawful, willing agricultural workers places a 
substantial burden on employers.
  The H-2A Improvement Act contains provisions designed to accommodate 
the specific needs of dairy farming, sheepherding, and goatherding. It 
will allow workers in these industries to enter the United States for 
an initial employment period of 3 years. The bill grants U.S. 
Citizenship and Immigration Services the authority to approve a worker 
for an additional 3-year period as needed. After the first 3 year 
period is completed, the worker is eligible to petition for lawful 
permanent residency.
  The provisions contained in this bill are very similar to provisions 
that have been a part of the long pending AgJOBS bill, legislation that 
I continue to strongly support. But the dairy farmers who continue to 
operate under this unfair system need help now. Just as much as any 
other segment of agriculture, they too deserve access to the H-2A 
program to meet their legitimate labor needs.
  For years, I have urged the Department of Labor to use its regulatory 
authority to give dairy farmers access to H-2A workers. I was 
disappointed that, despite those requests and the recommendations of 
the broader dairy community, the final H-2A rule released by the 
Department in February 2010 failed to extend access to the dairy 
industry.
  As a Senator from a State that prides itself on its dairy products 
and a long tradition of family farming, it is unacceptable that dairy 
farmers are put in a position of choosing between their livelihoods and 
taking risks with a potential employee's immigration status. I strongly 
believe that the vast majority of dairy farmers want to hire a lawful 
workforce, and our policy should support these goals.
  By expanding the H-2A program to include dairy workers, sheepherders 
and goatherders, the H-2A Improvement Act would protect both American 
and foreign workers. It would prevent American workers from having to 
compete with an unauthorized work force, which enables unscrupulous 
employers to pay lower wages and make employees work under unsafe labor 
conditions. It would protect foreign workers by requiring that 
employers comply with existing H-2A regulations, wage and hour laws, 
and occupational safety laws. It would grant foreign dairy workers the 
dignity and stability of lawful status, and the opportunity to step out 
of the shadows and be productive members of the communities in which 
they work. Despite the imperfections of the current H-2A system, these 
are the objectives this legislation strives to achieve.
  The H-2A Improvement Act is a straight-forward, targeted fix that 
makes sure all law abiding farmers in America have the same access to 
foreign agricultural labors. I recognize that many agricultural 
employers have legitimate frustrations with the current regulatory 
process. I intend to maintain my strong support of AgJOBS legislation, 
which would provide the most immediate and substantial benefit to our 
Nation's farmers and foreign agricultural workers. But I am unwilling 
to forego an opportunity to enact meaningful, bipartisan legislation to 
promote basic fairness for dairy, goat, and sheep farmers under our 
immigration laws. I hope Senators will support this common sense 
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. 852

       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 ``H-2A Improvement Act''.

     SEC. 2. NONIMMIGRANT STATUS FOR DAIRY WORKERS, SHEEPHERDERS, 
                   AND GOAT HERDERS.

       Section 101(a)(15)(H)(ii)(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended 
     by inserting ``who is coming temporarily to the United States 
     to perform agricultural labor or services as a dairy worker, 
     sheepherder, or goat herder, or'' after ``abandoning''.

     SEC. 3. SPECIAL RULES FOR ALIENS EMPLOYED AS DAIRY WORKERS, 
                   SHEEPHERDERS, OR GOAT HERDERS.

       Section 218 of the Immigration and Nationality Act (8 
     U.S.C. 1188) is amended--
       (1) by redesignating subsections (h) and (i) as subsections 
     (i) and (j), respectively; and
       (2) by inserting after subsection (g) the following:
       ``(h) Special Rules for Aliens Employed as Dairy Workers, 
     Sheepherders, or Goat Herders.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, an alien admitted as a nonimmigrant under section 
     101(a)(15)(H)(ii)(a) for employment as a dairy worker, 
     sheepherder, or goat herder--
       ``(A) may be admitted for an initial period of 3 years; and
       ``(B) subject to paragraph (3)(E), may have such initial 
     period of admission extended for an additional period of up 
     to 3 years.
       ``(2) Exemption from temporary or seasonal requirement.--
     Not withstanding section 101(a)(15)(H)(ii)(a), an employer 
     filing a petition to employ H-2A workers in positions as 
     dairy workers, sheepherders, or goat herders shall not be 
     required to show that such positions are of a seasonal or 
     temporary nature.
       ``(3) Adjustment to lawful permanent resident status.--
       ``(A) Eligible alien.--In this paragraph, the term 
     `eligible alien' means an alien who--
       ``(i) has H-2A worker status based on employment as a dairy 
     worker, sheepherder, or goat herder;
       ``(ii) has maintained such status in the United States for 
     a not fewer than 33 of the preceding 36 months; and
       ``(iii) is seeking to receive an immigrant visa under 
     section 203(b)(3)(A)(iii).
       ``(B) Classification petition.--A petition under section 
     204 for classification of an eligible alien under section 
     203(b)(3)(A)(iii) may be filed by--
       ``(i) the alien's employer on behalf of the eligible alien; 
     or
       ``(ii) the eligible alien.
       ``(C) No labor certification required.--Notwithstanding 
     section 203(b)(3)(C), no determination under section 
     212(a)(5)(A) is required with respect to an immigrant visa 
     under section 203(b)(3)(A)(iii) for an eligible alien.
       ``(D) Effect of petition.--The filing of a petition 
     described in subparagraph (B) or an application for 
     adjustment of status based on a petition described in 
     subparagraph (B) shall not be a basis fo denying--
       ``(i) another petition to employ H-2A workers;
       ``(ii) an extension of nonimmigrant status for a H-2A 
     worker;
       ``(iii) admission of an alien as an H-2A worker;

[[Page 6012]]

       ``(iv) a request for a visa for an H-2A worker;
       ``(v) a request from an alien to modify the alien's 
     immigration status to or from status as an H-2A worker; or
       ``(vi) a request made for an H-2A worker to extend such 
     worker's stay in the United States.
       ``(E) Extension of stay.--The Secretary of Homeland 
     Security shall extend the stay of an eligible alien having a 
     pending or approved petition described in subparagraph (B) in 
     1-year increments until a final determination is made on the 
     alien's eligibility for adjustment of status to that of an 
     alien lawfully admitted for permanent residence.
       ``(F) Construction.--Nothing in this paragraph may be 
     construed to prevent an eligible alien from seeking 
     adjustment of status in accordance with any other provision 
     of law.''.
                                 ______
                                 
      By Mr. DURBIN:
  S. 856. A bill to amend title XI of the Social Security Act to make 
available to the public aggregate data on providers of services and 
suppliers under the Medicare program and to allow qualified individuals 
and groups access to claims and payment data under the Medicare program 
for purposes of conducting health research and detecting fraud; to the 
Committee on Finance.
  Mr. DURBIN. Mr. President, Congress will soon debate the budget 
resolution for fiscal year 2012, and one of the issues under 
consideration is how to contain the cost of the Medicare program. While 
there is significant disagreement about some of the proposals already 
put forward, one part of the solution that members on both sides of the 
aisle agree on is cracking down on waste, fraud, and abuse.
  For several years, the Government Accountability Office has 
designated Medicare as a high risk program because its size and 
complexity make it a target for waste, fraud and abuse. Medicare pays 
4.5 million claims per work day, so catching false or inflated claims 
is a challenge. As a result, every year an estimated $30-60 billion in 
Medicare spending is wasted on fraud and abuse.
  Under President Obama, the Executive branch has stepped up its 
enforcement activities. The Department of Health and Human Services and 
Department of Justice joined together to form Health Care Fraud 
Prevention and Enforcement Action Teams to combat Medicare fraud. These 
strike forces have netted hundreds of potential criminals in the past 
couple of years.
  Nongovernmental groups can also play a role in detecting fraud. 
Normally, individual Medicare providers' billing data is not available 
to the public as a result of a 1979 lawsuit that blocked disclosure of 
this information. But under a special arrangement, The Wall Street 
Journal and Center for Public Integrity were allowed access to a 5 
percent sample of the Medicare payment data.
  Even using just this small sliver of the data, the newspaper was able 
to identify suspicious billing and potential abuses of the Medicare 
system. However, based on the agreement with CMS, the paper could not 
name individual physicians.
  I think that the exercise by the Wall Street Journal shows that 
outside group provide a valuable complement to the government's own 
fraud detection research. That is why I am introducing the Medicare 
Spending Transparency Act today.
  The legislation would increase transparency of the Medicare program 
by providing two things.
  First, it would provide access to aggregated claims data.
  It would require CMS to annually publish on its website summary level 
information about how and what Medicare is paying to individual 
Medicare providers such as hospitals, physicians and home health 
agencies.
  Information would the include the total amount paid, number of unique 
patients seen, total number of patient visits, and a summary of the 
services provided. This will provide a snapshot of Medicare spending to 
interested groups. It will also discourage fraudulent providers from 
overbilling Medicare.
  Secondly, a complete set of Medicare data would be made available to 
qualified groups or individuals for the purposes of fraud detection and 
research. All patient identifying information would be protected, 
consistent with HIPAA and other privacy laws.
  To access this information, the individual or group would have to 
demonstrate technical capacity to make prudent and productive use of 
the data. Any published analysis of the data must disclose the names, 
funding sources, employer or other relevant affiliations, and data 
analysis methods of the researchers.
  This legislation would bring transparency to the Medicare program by 
providing basic information about how taxpayer dollars are being spent. 
If nongovernmental groups want to dedicate their own resources to 
rooting out fraud, we should welcome those efforts. I encourage my 
colleagues to support this common sense 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. 856

       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 ``Medicare Spending 
     Transparency Act of 2011''.

     SEC. 2. PUBLIC AVAILABILITY OF AGGREGATE DATA ON MEDICARE 
                   PROVIDERS OF SERVICES AND SUPPLIERS.

       (a) Purpose.--The purpose of this section is to make 
     aggregate information about providers of services and 
     suppliers under the Medicare program under title XVIII of the 
     Social Security Act (42 U.S.C. 1395 et seq.) publicly 
     available and to provide a new level of transparency in such 
     program.
       (b) Public Availability.--Section 1128J of the Social 
     Security Act (42 U.S.C. 1320a-7k) is amended by adding at the 
     end the following new subsection:
       ``(f) Public Availability of Certain Medicare Data.--
       ``(1) In general.--The Secretary shall, to the extent 
     consistent with applicable information, privacy, security, 
     and disclosure laws, including the regulations promulgated 
     under the Health Insurance Portability and Accountability Act 
     of 1996 and section 552a of title 5, United States Code, make 
     available to the public on the Internet website of the 
     Centers for Medicare & Medicaid Services the following data 
     with respect to title XVIII:
       ``(A) A complete list of the providers of services and 
     suppliers participating in the program under such title, 
     including the business address of such providers of services 
     and suppliers.
       ``(B) Aggregate information about each such provider of 
     services and supplier, including--
       ``(i) the total number of individuals furnished items or 
     services by the provider of services or supplier for which 
     payment was made under such title during the preceding year;
       ``(ii) the number of unique patient encounters conducted by 
     the provider of services or supplier for which payment was 
     made under such title during the preceding year;
       ``(iii) the average number of codes billed under such title 
     by the provider of services of supplier per patient encounter 
     during the preceding year;
       ``(iv) the total amount paid to such provider of services 
     or supplier under such title during the preceding year;
       ``(v) the top 50 billing codes on claims paid under such 
     title to the provider of services or supplier during the 
     preceding year, as determined by volume, including a 
     description of such codes;
       ``(vi) the top 50 billing codes on such claims paid during 
     such year, as determined by dollar amount, including a 
     description of such codes; and
       ``(vii) the top 50 diagnosis and procedure code pairs on 
     such claims paid during such year, as determined by volume, 
     including a description of such codes; and
       ``(2) Implementation.--Not later than 1 year after the date 
     of enactment of the Medicare Spending Transparency Act of 
     2011, the Secretary shall promulgate regulations to carry out 
     this subsection.''.

     SEC. 3. ACCESS TO MEDICARE CLAIMS AND PAYMENT DATA BY 
                   QUALIFIED INDIVIDUALS AND GROUPS.

       (a) Purpose.--The purpose of this section is to allow 
     qualified individuals and groups access to information on 
     claims and payment data under the Medicare program for 
     purposes of conducting health research and detecting fraud 
     under such program.
       (b) Access to Medicare Claims and Payment Data by Qualified 
     Individuals and Groups.--Section 1128J of the Social Security 
     Act (42 U.S.C. 1320a-7k), as amended by section 2, is amended 
     by adding at the end the following new subsection:
       ``(g) Access to Medicare Claims and Payment Data by 
     Qualified Individuals and Groups.--
       ``(1) In general.--For purposes of conducting health 
     research and detecting fraud under title XVIII, and to the 
     extent consistent with applicable information, privacy,

[[Page 6013]]

     security, and disclosure laws, including the regulations 
     promulgated under the Health Insurance Portability and 
     Accountability Act of 1996 and section 552a of title 5, 
     United States Code, and subject to any information systems 
     security requirements under such laws or otherwise required 
     by the Secretary, a qualified individual or group shall have 
     access to claims and payment data of the Department of Health 
     and Human Services and its contractors related to title 
     XVIII. Notwithstanding any other provision of law, such data 
     shall include the identity of individual providers of 
     services and suppliers under such title.
       ``(2) Definition of qualified individual or group.--
       ``(A) In general.--In this subsection, the term `qualified 
     individual or group' means an individual or entity that the 
     Secretary has determined, in accordance with subparagraph 
     (B), has relevant experience, knowledge, and technical 
     expertise in medicine, statistics, health care billing, 
     practice patterns, health care fraud detection, and analysis 
     to use data provided to the individual or the entity under 
     this subsection in an appropriate, responsible, and ethical 
     manner and for the purposes described in paragraph (1).
       ``(B) Procedures.--The Secretary shall establish procedures 
     for determining, in a timely manner, whether an individual or 
     entity is a qualified individual or group.
       ``(3) Procedures.--The Secretary shall establish procedures 
     for the storage and use of data provided to a qualified 
     individual or group under this subsection. Such procedures 
     shall ensure that, in the case where the qualified individual 
     or group publishes an analysis of such data (or any analysis 
     using such data), the qualified individual or group discloses 
     the following information (in a form and manner, and at a 
     time, specified by the Secretary):
       ``(A) The name of the qualified individual or group.
       ``(B) The sources of any funding for the qualified 
     individual or group.
       ``(C) Any employer or other relevant affiliations of the 
     qualified individual or group.
       ``(D) The data analysis methods used by the qualified 
     individual or group in the analysis involved.''.
                                 ______
                                 
      By Mr. GRASSLEY (for himself and Mr. Casey):
  S. 857. A bill to amend the Elementary and Secondary Education Act of 
1965 to aid gifted and talented learners, including high-ability 
learners not formally identified as gifted; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. GRASSLEY. Mr. President, the last reauthorization of the 
Elementary and Secondary Education Act of 1965 was specifically 
designed ``To close the achievement gap with accountability, 
flexibility, and choice, so that no child is left behind.'' Going into 
the next reauthorization of this law, there has already been much 
discussion about the extent to which each element of that goal has been 
achieved. While there is some evidence of a narrowing of the 
achievement gap between disadvantaged and minority students and their 
more advantaged peers when it comes to meeting minimum ``proficiency'' 
goals, the achievement gap among high-ability students has been 
widening. Some of our most promising students, the scientists, 
inventors, and problem solvers of the future, are being left behind.
  I want to be clear that I am not necessarily talking just about high-
achieving students. I am talking about high-ability students with gifts 
and talents that go beyond simply the ability to master grade level 
content. There is sometimes a tendency to assume that gifted students 
are the straight A students and vice versa, the students we needn't 
worry about because they are doing fine on their own. Sadly, that's far 
from true. A student may get straight A's because his or her abilities 
and pace of learning just happen to be exactly matched with the grade 
level curriculum and pace of instruction. Those are not the students I 
am talking about. By definition, a gifted and talented students is one 
who gives evidence of high achievement capability and needs services 
beyond the standard content provided in the standard way in order to 
fully develop those capabilities.
  In fact, gifted students may significantly underperform. Many high-
ability students get poor grades due to boredom. Some drop out of 
school or exhibit problem behaviors, and gifted students are often well 
represented in alternative schools. Still, even if they are getting 
straight A's on content that is not challenging to them, they are still 
underperforming. That hidden gap between achievement and potential 
ought to be alarming to all of us who are concerned about our Nation's 
future economic competitiveness.
  On the most recent international tests, students in China topped the 
charts in math, science, and reading, while U.S. students were in the 
middle to bottom of the pack. Few American students are reaching the 
most advanced achievement levels on national and state-level tests, 
with miniscule numbers of children of color or children from poverty 
reaching those levels. A dynamic economy needs a steady supply of 
individuals capable of achieving at advanced levels, yet we rely on 
imported talent while systematically holding back our brightest young 
minds here at home.
  I would recommend to my colleagues the book Genius Denied by Jan and 
Bob Davidson of the Davidson Institute in Nevada. It describes the many 
obstacles faced by some of our brightest students in trying to get an 
appropriate education. The book tells the story of a boy named Carlos 
who didn't speak until he was 3\1/2\ years old, but then began to speak 
in complete sentences like a much older child. His mother had been told 
he might be autistic or have a learning disability, but when she had 
him tested, she learned he was actually gifted. He learned to read and 
write with incredible speed and was able to grasp simple algebra 
problems. However, in his Kindergarten class, they were learning to add 
single digits by grouping teddy bears. He was miserable, and despite 
his natural love of learning, he cried to stay home from school. He was 
teased for being different and the stress of school got to be so great 
that his hair started falling out. He began talking about wishing that 
he was dumb or even dead.
  The book also talks about a boy named Tim who is dyslexic and also 
profoundly gifted. His gifts compensated for his inability to read so 
he was able to earn normal grades, but his school would not make 
appropriate accommodations for his learning disability because he was 
achieving at acceptable levels. School officials also maintained they 
had no obligation to accommodate his gifts. This left Tim frustrated. 
His zeal for learning waned because his disability held him back while 
his gifts went undeveloped, but both went unaddressed by his school 
because he was not failing. Eventually, his mother was forced to pull 
him out of the public school and educate him at home.
  Many schools have special gifted and talented programs with staff 
trained in gifted education strategies, but a great many others do not. 
This leads to the uneven availability of appropriate services. Title I 
schools are far less likely to have any services for gifted students. 
Is this because there are no high-ability disadvantaged students? 
Certainly not. There are high-ability students in every school and low 
income doesn't mean low ability. It is of course appropriate to ensure 
that struggling students receive the support they need to achieve to 
their potential, but when disadvantaged high-ability students go 
unrecognized and unchallenged, thus falling short of the level of 
achievement they are capable of attaining, the tremendous loss of human 
potential is truly tragic both for the students and for our society.
  So should every cash-strapped Title I school hire special teachers 
with a background in gifted and talented education and start offering 
gifted education programming? Well, that would be ideal, and would 
likely help improve the academic achievement of all students in those 
schools, but a lack of funds need not be a barrier to schools meeting 
the unique learning needs of their high-ability students. For instance, 
a report by some of the leading experts in the field at the University 
of Iowa's Belin-Blank Center titled ``A Nation Deceived: How Schools 
Hold Back America's Brightest Students'' outlines both the problem of 
schools systematically failing to support their high-ability students 
and an almost no-cost solution--acceleration. Simply allowing students 
to take classes with their intellectual peers, where the curriculum is 
matched to their ability rather than to their age, often results

[[Page 6014]]

in better academic results as well as happier, better adjusted 
students. Also, knowing that all teachers have high-ability students 
with unique learning needs in their classrooms, there is a great need 
for professional development opportunities to incorporate the ability 
to recognize and meet those needs.
  Today, I am introducing a bill, with Senator Casey of Pennsylvania, 
to ensure that Federal education policy no longer overlooks the needs 
of high-ability students. It's called the TALENT Act, which stands for: 
To Aid Gifted and High-Ability Learners by Empowering the Nation's 
Teachers. My bill corrects the lack of focus on high-ability students, 
especially those students in underserved settings, including rural 
communities, by including them in the school, district, and state 
planning process that already exists under the Elementary and Secondary 
Education Act. It also raises the expectation that teachers have the 
skills to address the special learning needs of various populations of 
students, including gifted and high-ability learners. To that end, my 
bill provides for professional development grants to help general 
education teachers and other school personnel better understand how to 
recognize and respond to the needs of high-ability students. Finally, 
because we have much to learn about how best to address the very unique 
learning needs of this often overlooked population of students, my bill 
retools and builds upon the goals and purpose of the existing Javits 
Gifted and Talented Students Education Act so that we continue to 
explore and test strategies to identify and serve high-ability students 
from underserved groups. These strategies can then be put into the 
hands of teachers across the country.
  Meeting the needs of our brightest students, the ones our country is 
counting on for our future prosperity, is not a luxury, it is a 
necessity. That isn't a justification for embarking on some sort of new 
spending and sticking them with the bill, however. Instead, my 
legislation would accomplish its goals in a cost-effective way by 
amending existing law to account for the needs of gifted and high-
ability learners as well as retooling the old Javits program to have a 
greater impact. For too long, Federal education policy has been so 
focused on preventing failure that we have neglected to promote and 
encourage success. We can no longer afford to ignore the needs of our 
brightest students and thus squander their potential. My legislation 
will put our country on track to tap that potential which is so 
essential to the future happiness of the students and the future 
prosperity of our Nation.
                                 ______
                                 
      By Mr. LEVIN (for himself and Ms. Stabenow):
  S. 860. A bill to ensure that methodologies and technologies used by 
the Bureau of Customs and Border Protection to screen for and detect 
the presence of chemical, nuclear, biological, and radiological weapons 
in municipal solid waste are as effective as the methodologies and 
technologies used by the Bureau to screen for those materials in other 
items of commerce entering the United States through commercial motor 
vehicle transport; to the Committee on Homeland Security and 
Governmental Affairs.
  Mr. LEVIN. Mr. President, I have been fighting over the past several 
years to stop the thousands of trash shipments entering into Michigan 
from Canada. This year brought some welcome good news: Canada has 
stopped shipping its city trash to Michigan, eliminating about 1.5 
million tons of trash a year that had been dumped into Michigan 
landfills, and taking more than 40,000 trucks a year off Michigan 
roads. The end of these shipments fulfills a 2005 agreement that 
Senator Stabenow and I reached with Ontario officials to end all 
shipments of municipally managed trash to Michigan by the end of 2010.
  However, private trash shipments from Canada are still being brought 
into Michigan. Tons of waste from private companies, including from 
construction, industry, and commercial sources, are being imported into 
Michigan for disposal in our landfills. Most of these shipments enter 
at three border crossings in Michigan: Port Huron, Sault Ste Marie, and 
Detroit. The loads of municipal solid waste are more than just a 
nuisance. These trash trucks from Canada pose a threat to our 
environment, health, and security.
  This legislation Senator Stabenow and I are introducing today would 
require the Bureau of Customs and Border Protection of the Department 
of Homeland Security to report to Congress on the methodologies used by 
the Bureau to screen for the presence of chemical, nuclear, biological, 
and radiological weapons in municipal solid waste. The report would 
need to indicate whether the techniques used by the Bureau to screen 
for these dangerous materials in municipal solid waste are as effective 
as the methodologies used by the Bureau to screen for such materials in 
other items of commerce entering the United States. If the Bureau of 
Customs cannot demonstrate that screening of municipal waste shipments 
is adequate, then they have 6 months to implement the technologies to 
implement adequate screening procedures. If such measures are not 
implemented, then the Secretary of Homeland Security shall deny entry 
of any commercial motor vehicle carrying municipal solid waste from 
Canada until the Secretary certifies that the methods and technology 
used to inspect the trash trucks are as effective as the methods and 
technology used to inspect other vehicles.
  I believe this legislation will help to protect the people of this 
country, and I hope this Congress will act quickly on this legislation.
  Mr. President, I ask for 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. 860

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

     SECTION 1. SCREENING OF MUNICIPAL SOLID WASTE.

       (a) Definitions.--In this section:
       (1) Bureau.--The term `` Bureau'' means the Bureau of 
     Customs and Border Protection.
       (2) Commercial motor vehicle.--The term ``commercial motor 
     vehicle'' has the meaning given the term in section 31101 of 
     title 49, United States Code.
       (3) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of the Bureau.
       (4) Municipal solid waste.--The term ``municipal solid 
     waste'' includes sludge (as defined in section 1004 of the 
     Solid Waste Disposal Act (42 U.S.C. 6903)).
       (b) Reports to Congress.--Not later than 90 days after the 
     date of enactment of this Act, the Commissioner shall submit 
     to Congress a report that--
       (1) indicates whether the methodologies and technologies 
     used by the Bureau to screen for and detect the presence of 
     chemical, nuclear, biological, and radiological weapons in 
     municipal solid waste are as effective as the methodologies 
     and technologies used by the Bureau to screen for those 
     materials in other items of commerce entering the United 
     States through commercial motor vehicle transport; and
       (2) if the report indicates that the methodologies and 
     technologies used to screen municipal solid waste are less 
     effective than those used to screen other items of commerce, 
     identifies the actions that the Bureau will take to achieve 
     the same level of effectiveness in the screening of municipal 
     solid waste, including actions necessary to meet the need for 
     additional screening technologies.
       (c) Impact on Commercial Motor Vehicles.--If the 
     Commissioner fails to fully implement an action identified 
     under subsection (b)(2) before the earlier of the date that 
     is 180 days after the date on which the report under 
     subsection (b) is required to be submitted or the date that 
     is 180 days after the date on which the report is submitted, 
     the Secretary shall deny entry into the United States of any 
     commercial motor vehicle carrying municipal solid waste until 
     the Secretary certifies to Congress that the methodologies 
     and technologies used by the Bureau to screen for and detect 
     the presence of chemical, nuclear, biological, and 
     radiological weapons in municipal solid waste are as 
     effective as the methodologies and technologies used by the 
     Bureau to screen for those materials in other items of 
     commerce entering into the United States through commercial 
     motor vehicle transport.
                                 ______
                                 
      By Ms. LANDRIEU (for herself and Mr. Vitter):
  S. 861. A bill to restore the natural resources, ecosystems, 
fisheries, marine habitats, and coastal wetland of

[[Page 6015]]

Gulf Coast States, to create jobs and revive the economic health of 
communities adversely affected by the explosion on, and sinking of, the 
mobile offshore drilling unit Deepwater Horizon, and for other 
purposes; to the Committee on Environment and Public Works.
  Ms. LANDRIEU. Mr. President, I am going to speak for 2 or 3 minutes 
in a brief introduction, and then turn it over to my colleague from 
Louisiana. We are both very excited and enthusiastic to present to the 
Senate and to Congress work that has been underway for almost a year.
  As you know, next week on April 20, we will be marking the 1-year 
anniversary of the Deepwater Horizon explosion, which killed 11 men--
they are still in our thoughts and prayers, and their families to this 
day--injured dozens of others and shocked millions with the explosion 
that occurred a year ago next Wednesday.
  There are many steps our Nation has to take and must take to respond 
to that horrific incident. Senator Vitter and I are on the floor today 
to introduce the Restore the Gulf Coast Act of 2011, which we believe 
is one of the most important things that needs to be done in response 
to this incident.
  It was frankly long overdue even before this tragedy happened, and I 
will briefly explain. This gulf coast is a very important coast of 
America.
  I know all of the people of our coasts believe they are all 
important--but we who live on the gulf coast are particularly proud of 
the coast of Texas, Louisiana, Mississippi, Alabama, and Florida 
because on this coast not only do we have port and maritime activities, 
which is true of every coast, we also support the Nation in hosting a 
very important domestic oil and gas industry, which is primarily 
offshore, but a great deal on shore, both close and on our marshes.
  In addition, we have a very vibrant and robust fishing industry, both 
commercial and recreational. We have ecotourism and migratory bird 
routes from the south going north. Obviously this is a flyway for 
migratory birds and extremely important to wildlife enthusiasts and 
hunters and fishermen. May I also add--and not let us forget--the 
tourism industry. So we say proudly in the gulf coast, we are America's 
working coast. We seek a balance between mining and exploring for and 
using our natural resources, and balancing that so this coast can be 
sustainable.
  This is a great opportunity for the Nation to do right by the gulf 
coast. It is a great opportunity for the polluters to step up and do 
the right thing. It is a great opportunity to give a break to taxpayers 
because the bill Senator Vitter and I are putting forward--and we hope 
our other colleagues will join us in--will basically say the fine BP is 
going to pay--and maybe other contractors as well--that 80 percent of 
that fine should go to the area where the injury occurred.
  I am going to take the next minute to put up this horrifying picture 
that people will remember because a year ago this is what the site 
looked like when the Deepwater Horizon exploded and 5 million barrels 
of oil escaped from this tragedy and marred the beaches and marshes and 
ocean, and we are still recovering, and will for years.
  But because of the 5 million barrels of oil that were spilled, this 
polluter, BP, and its contractors are going to have to pay a very 
serious fine to the Federal Government. We believe that fine is best 
directed to help the environment which was injured and to get the 
taxpayers off the hook and put the polluters on the hook for picking up 
this tab, and to do so in a way that is fair to the Gulf Coast States. 
That is what Senator Vitter will speak about in more detail.
  Let me show you one picture, happily. Today, the beaches along the 
gulf coast--in large measure--look like this, as shown in this picture. 
This is the way they normally look. Because not only do we drill for 
oil and gas off of our waters, but our children swim in this water. We 
recreate and have picnics along the beach. This is the way we would 
like this beach to look for decades to come.
  If we are successful in getting our bill passed through the Congress 
and signed by the President in the near future, this is possible, along 
with pictures like this one I show you, which represents a great and 
proud industry: the shrimping industry on the gulf coast, which 
supplies fresh seafood for restaurants all over our Nation and, in some 
cases, the world.
  So at this point, let me turn it to Senator Vitter for some more 
detail. I want to say, it has been a pleasure and I thank the Senator 
for his support. We want this to be a bipartisan effort. Both the 
industry and environmental groups are very interested in working with 
us on this issue. We think it is the right policy for our country.
  I yield to Senator Vitter.
  The PRESIDING OFFICER. The Senator from Louisiana.
  Mr. VITTER. Mr. President, I am proud to join my colleague Senator 
Landrieu in introducing today this RESTORE the Gulf Coast Act of 2011. 
I want to also thank her and compliment her on her leadership on this 
issue. Senator Landrieu has been developing this legislation tirelessly 
since the tragedy, working with many others who will soon be 
cosponsors, we hope, in this effort.
  I also want to recognize Congressman Steve Scalise and his Louisiana 
House colleagues for having similar legislation in the House.
  As we near this 1-year anniversary of the disaster, first we need to 
remember the victims, the human victims--the 11 people who lost their 
lives and their families. Those families still have a huge hole in 
their lives, and we need to continue to remember them and pray for 
them.
  But we also need to help restore the affected area. A lot of other 
lives were impacted through the environmental and economic devastation. 
We need to work on that as well.
  This RESTORE the Gulf Coast Act of 2011 would go a long way in 
restoring those lives, in healing those impacts. This was a horrible 
tragedy, and, of course, the physical, the environmental damage was 
borne by these five Gulf Coast States. Therefore, we think it is more 
than fair that 80 percent of the fines directly related to this event--
which would not have been incurred, would not be in existence but for 
this tragedy--be dedicated to restoration along the gulf coast.
  Senator Landrieu, with my support, and others, has worked out a very 
fair formula to impact all of the Gulf Coast States in a positive way. 
We think it is more than fair because it assures some minimum funding 
to all of the affected States and then has another pot of money that is 
specifically focused on direct impacts. We think this is a very fair 
way to go about it. It also dovetails with the work that has been going 
on in the States and federally through the President's commission on 
impacts.
  So we think this would be an excellent way to approach it. It is more 
than fair to the Federal Government and to the Federal taxpayer because 
the money retained that is still flowing to the Federal Treasury more 
than covers all the expenses of the Federal Government related to this 
event. It goes well beyond those direct expenses.
  Again, I thank my colleague for her leadership, and I ask all of our 
colleagues to come together around this effort. This concept has been 
explicitly endorsed by President Obama. This concept has been 
explicitly endorsed by the President's commission on the oilspill. All 
of those folks have absolutely said, yes, 80 percent of these Clean 
Water Act fines need to stay on the gulf coast for much-needed 
restoration. This legislation will get that done in a fair, 
straightforward way. I urge all of my colleagues to support it and help 
pass it in the next few weeks and months.
  Mr. President, with that, I turn the floor back to my colleague from 
Louisiana.
  The PRESIDING OFFICER. The Senator from Louisiana.
  Ms. LANDRIEU. Mr. President, I see other colleagues on the floor 
waiting to speak so I will try to wrap up these remarks in about 5 
minutes. But I do want to add a few things and thank my colleague 
again. He is on the committee that will take this bill into 
consideration. That committee is chaired

[[Page 6016]]

by Senator Barbara Boxer. I want to thank her, our colleague from 
California, the Chair of the EPW Committee, and her staff, who have 
been working with us very closely over the last year as we fashioned 
this approach. I think the Senator, of course, will speak for herself, 
but I think it is in her philosophy that the polluters should pay, not 
the taxpayer, and that the area that was injured should be the area 
that receives the response. It is important that the environment that 
was injured should be first attended to first. That is the essence and 
nature of our bill.
  But to put a couple of other things in the Record, Senator Vitter 
mentioned this, but it is worth repeating. President Obama has already 
endorsed this general concept, and I want to thank him for his early 
leadership on this issue. I had some real reservations early on about 
the national oilspill commission. I honestly did not think there were 
enough people representing the industry perspective, only the 
environmental perspective. But I was happy to see that commission 
report came out fairly balanced. Both Bob Graham, who is a former 
colleague of ours from Florida, and Bill Reilly, the former EPA 
Director under President Bush, came to the same conclusion: that one of 
the best ways to spend this fine money would be restoring this very 
important coastal area. This should not just be for the gulf coast but 
for the Nation. Frankly, the world should take notice and to try to 
find a path forward for coastal communities to have sustainable 
economies.
  This is an important question, not just for the gulf coast, not just 
for the east coast, not just for the west coast, but I might say, this 
might be one of the great questions in the world today. 60 percent or 
more of the population of the world lives near coastlines. The question 
of how can people live there productively, safely, and how the 
environment can sustain them in that growth and development is an 
important question to get answers to.
  Let me say, as a resident of the gulf coast, we do not have enough 
answers. We do not have enough money to ask questions. That is what 
this money will go for: some science and technology, some basic 
research, and, most importantly, some money to restore our coast--to do 
the right things by this environment.
  I want to recognize the entities that support this cause. Secretary 
Ray Mabus, the Secretary of the Navy added to his portfolio to examine 
this issue, and he, too, arrived at the same conclusion: that a very 
excellent and smart way to spend some of these fine moneys would be on 
these programs.
  Just a couple of minutes more to put some facts into the Record; and 
other Senators from other States--Florida, Texas, Mississippi, and 
Alabama--can enter their own data.
  I think it is important for people to understand, when we talk about 
the coast of Louisiana, just the coast of Louisiana--this is going to 
be hard for people to believe, but it is actually true--if you count 
the tidal miles of Louisiana, which is about 7,000 tidal miles from the 
tip here, as shown on this map, all the way over to Texas from our 
Mississippi border--7,000 tidal miles--if you stretch that out, it is 
the same as going from Miami to Seattle. I need people to get that in 
their mind.
  I know this looks like a little shore because it is not a big shore 
like California or Florida. But the nature of this shore--because it is 
not just a beach; it is America's greatest wetlands and marshes--if you 
stretched it out with all of its inlets and bays and estuaries, it 
would go from Miami to Seattle.
  This area is threatened, and has been for years. Yes, the oil and gas 
industry, unfortunately, has contributed to some of this damage. But it 
is also because the Mississippi River flows through here, and it has 
been dammed and tamed as best as men and women can try to tame natural 
things. The hydraulics have changed. The sea level has risen. This area 
is under great threat.
  Mr. President, 1,500 square miles have been lost since 1930; 25 
square miles of wetlands each year, which means a football field every 
30 minutes. This is an urgent matter. There is no loss of land anywhere 
in the continental United States that has as much threat to it as there 
is to this coast. We have struggled for years to find a revenue stream 
to help fix it. We understand the rest of the country says: Why should 
we fix it? It is not our coast. But what we say back is: This coast is 
important to the whole Nation. It drains 40 percent of the continent. 
It is the greatest river system in North America. No one can get wheat 
out of Kansas or Iowa without coming through this Mississippi River. So 
there is a national interest.
  Seventeen percent of GDP is basically supported and created by this 
gulf coast economy.
  We are also willing to pay our own way as well. Our parishes have 
taxed themselves. The State has set up a constitutional safeguard, a 
lockbox--if we had only done that with Social Security. We are happy to 
have a lockbox for the wetlands money that comes in, so it can only be 
used for that purpose. So we are very proud of the actions our locals 
have taken. Now it is time for the Federal Government to act.
  A few more statistics: 30 percent of the commercial fisheries in the 
United States come off this coast, and $1.7 billion in economic impact 
for recreational fishing--again, over 50 percent of the domestic oil 
and gas, because we drill for oil and gas here, that keep lights on and 
electricity flowing in Chambers such as this, in rooms and buildings 
all over our country. So that is why this is so important.
  I am going to add some other statistics for the Record about some of 
the economic impacts of this. Again, this is an important coast to the 
country and it is an important effort for the world for us in America 
to get this right. Think about the drilling that is occurring off the 
coast of Africa or Brazil or Australia or Israel and what happens. 
Let's prevent any explosions. Let's prevent these disasters. We are 
struggling to do that, and the record is pretty good, despite the 
criticism that comes, and that is a speech for another day.
  But the question is, When there is an accident, when this happens, 
how do we take that penalty money and invest it in the coast so it is 
more resilient and it will benefit people in every way over a long 
period of time in a very balanced fashion.
  I conclude by urging my colleagues along the gulf coast, from Florida 
to Alabama to Mississippi and Texas, Republicans and Democrats alike, 
Members of the House as well, to step forward and join me and Senator 
Vitter. We are open to ideas and thoughts about how the money should be 
allocated but within general sets of principles we have outlined today. 
I wish to, again, thank Senator Boxer whose committee will consider 
this in the very near future. We are hoping for a hearing in the very 
near future and then a markup on this bill to move it forward to the 
President's desk.
  Mr. President, I ask unanimous consent to have printed in the Record 
some further statistics about this horrific spill and our valuable 
coast.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       On April 20, 11 men died in a massive oil rig explosion in 
     the Gulf of Mexico.
       For 3 months, oil flowed uncontrollably into the waters of 
     the Gulf of Mexico. 4.9 million barrels of oil was discharged 
     during the spill. That equates to 50,000 barrels of oil each 
     day.
       600 miles of the Gulf coastline were oiled. More than half 
     of that coastline is in Louisiana.
       320 miles of Louisiana's coastline were oiled and some oil 
     is still lingering in the marshes near Bay Jimmy on the east 
     side of Plaquemine Parish.
       6,814 dead animals have been collected, including 6,104 
     birds, 609 sea turtles, 100 dolphins and other mammals, and 1 
     other reptile.
       86,985 square miles of waters were closed to fishing. 
     Approximately 36% of Federal waters in the Gulf of Mexico 
     were closed to fishing for months.
       30 percent of commercial fisheries in the United States are 
     located in the Gulf of Mexico.
       It is estimated that $2.5 billion were lost in our Gulf of 
     Mexico fishing industry.
       $23 billion is estimated in impacts to tourism across the 
     Gulf Coast over a three-year period, as estimated by the U.S. 
     Travel Association.

[[Page 6017]]

       The Gulf Coast accounts for a $1.7 billion economic impact 
     to the nation from recreational fishing.
       30 percent of the nation's crude oil supply and 34 percent 
     of the natural gas consumed in the U.S. are produced in 
     Louisiana or adjacent Outer Continental Shelf (OCS).
       Nearly 50 percent of all the domestically produced oil and 
     gas that fuels this nation comes from the Gulf of Mexico.
       $8 to 10 billion in direct OCS revenues go to the U.S. 
     Treasury each year.
       $3 trillion is contributed to the national economy by the 
     Gulf Coast.
       12 million people live in coastal Louisiana.
       17 percent of the National GDP comes from the Gulf Coast.
       1,900 square miles of land have been lost in Louisiana 
     since 1930.
       25 square miles of wetlands are lost each year--or a 
     football field-sized area every 30 minutes.
                                 ______
                                 
      By Mr. NELSON of Florida:
  S. 862. A bill to provide for a comprehensive Gulf of Mexico 
restoration plan, and for other purposes; to the Committee on 
Environment and Public Works.
  Mr. NELSON Of Florida. Mr. President, I rise today, 360 days after 
the Deepwater Horizon oil rig exploded in the Gulf of Mexico, taking 
the lives of 11 Americans and forever changing the lives of their 
friends and families. Following the explosion, hundreds of millions of 
gallons of oil spewed out of that monster well for months, devastating 
the environment and the economy of the Gulf Coast. It is my hope and my 
belief that by the passage of time, the hard work and dedication of 
individuals, and the power of mother nature, the Gulf Coast will 
recover. But it will not be immediate.
  I can't believe Congress hasn't addressed things like liability, and 
that some in Congress still are dead set on carrying out the oil 
industry's agenda, regardless of all the safety, economic and 
environmental concerns. Meantime, the companies say we need to allow 
additional offshore drilling. What they don't say is we have already 
given them tens of millions of additional acres in the Gulf of Mexico 
where they haven't even started drilling yet.
  Under current law, the party responsible for an oil spill will be 
assessed fines for violations of the Clean Water Act. Those fines go to 
the Oil Spill Liability Trust Fund. But several folks have suggested 
that those fines should go to the Gulf Coast--to restore the 
environment, provide economic recovery, and to make the Gulf more 
resilient to disasters--including the Secretary of the Navy Ray Mabus, 
and the President's Oil Spill Commission headed up by Senator Bob 
Graham and Bill Reilly. Just like some of the lessons we learned after 
the Exxon-Valdez oil spill led to the passage of landmark laws, we need 
to take the lessons of the Deepwater Horizon oil spill and restore the 
Gulf.
  So today, before the 1 year anniversary of the Deepwater Horizon, I 
am introducing a bill to put the Gulf Coast back to work and return it 
to the healthy, vibrant ecosystem it used to be--complete with sugar 
white sand beaches and some of the best fishing in the world. I have 
heard from city commissioners, hotel workers, fishermen and Americans 
that visit our beautiful Gulf coast that this is the right thing to do. 
The Gulf of Mexico Recovery, Restoration, and Resiliency Act will get 
funding to local governments for environmental education, restoration 
and research, as well as workforce development, and tourism promotion 
projects. It will create a Council with state and federal members to 
develop a comprehensive plan for the Gulf of Mexico. This bill will 
ensure long-term cooperative monitoring of the status of our fishery 
resources--where fishermen will work alongside scientists to protect 
their livelihoods by collecting the best data.
  Most importantly, this bill will bring together all of the folks who 
care about the Gulf and provide them with the funding to restore it. 
Specifically, the bill creates a Citizen's Advisory Committee and a 
Science Advisory Committee to provide input on the direction of Gulf 
restoration activities. Our federal resource partners like the 
Department of Interior, the National Oceanic and Atmospheric 
Administration, and the Environmental Protection Agency will all have a 
seat at the table. Our State and local voices will be heard and have 
opportunities to undertake projects that support a healthy Gulf and a 
vibrant coastal economy.
  It was heartbreaking less than a year ago to watch as oil spewed into 
the Gulf of Mexico, to hear of dead dolphins washing ashore, and to 
speak with folks who have lost their businesses because nobody came to 
the beach last summer. But it is also gives me hope to know that Gulf 
residents are a resilient, hard-working type. I know that if we can get 
them the tools and a strong plan for rebuilding, the Gulf will start to 
recover. We can make it right by sending the Clean Water Act fines to 
the areas that took the hit. So I'm asking that my Senate colleagues 
will support my efforts to help restore this national treasure, and I 
look forward to working towards that goal.
  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. 862

       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 ``Comprehensive Gulf of Mexico 
     Recovery, Restoration, and Resiliency Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Citizens' advisory committee.--The term ``Citizens' 
     Advisory Committee'' means the Gulf of Mexico Regional 
     Citizens' Advisory Committee established by section 8(a).
       (2) Clean energy production and development.--The term 
     ``clean energy production and development'' means any 
     electricity generation, transmission, storage, heating, 
     cooling, industrial process, or manufacturing project the 
     primary purpose of which is the deployment, development, or 
     production of an energy system or technology that avoids, 
     reduces, or sequesters air pollutants or anthropogenic 
     greenhouse gases.
       (3) Council.--The term ``Council'' means the Gulf of Mexico 
     Recovery Council established by section 3(a).
       (4) Eligible entity.--The term ``eligible entity'' means an 
     organization that--
       (A) is a consortium of 1 or more public and private 
     institutions of higher education in a Gulf State;
       (B) is formally established by a board of higher education 
     in a Gulf State for the purpose of collaborating on marine 
     science research;
       (C) carries out 1 or more operations that are physically 
     located in the Gulf coast; and
       (D) demonstrates experience arising from--
       (i) the conduct of the types of activities described in 
     section 6; and
       (ii) the ability to carry out each requirement described in 
     subsections (c), (d), and (e) of section 6.
       (5) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term in section 1004 of the Solid Waste 
     Disposal Act (42 U.S.C. 6903).
       (6) Fishery endowment.--The term ``Fishery Endowment'' 
     means the Gulf of Mexico Fishery Endowment established under 
     section 7(a).
       (7) Fund.--The term ``Fund'' means the Gulf of Mexico 
     Recovery Fund established by section 4(a).
       (8) Gulf.--The term ``Gulf'' means the submerged land of 
     the outer Continental Shelf, and the areas of the exclusive 
     economic zone of the United States, within the Gulf of 
     Mexico, including associated coastal watersheds, estuaries, 
     beaches, and wetlands.
       (9) Gulf coast.--The term ``Gulf coast'' means--
       (A) each coastal zone (as determined pursuant to the 
     Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.)) 
     of each Gulf State (including water adjacent to the Gulf 
     State); and
       (B) submerged land of the outer Continental Shelf located 
     in the Gulf of Mexico.
       (10) Gulf oil spill.--The term ``Gulf oil spill'' means the 
     discharge of oil and the use of oil dispersants that began in 
     2010 in connection with the blowout and explosion of the 
     mobile offshore drilling unit Deepwater Horizon that occurred 
     on April 20, 2010, and resulting hydrocarbon releases into 
     the environment.
       (11) Gulf state.--The term ``Gulf State'' means any of the 
     States of--
       (A) Alabama;
       (B) Florida;
       (C) Louisiana;
       (D) Mississippi; and
       (E) Texas.
       (12) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 102 of the Higher Education Act of 1965 (20 
     U.S.C. 1002).
       (13) Local political subdivision.--The term ``local 
     political subdivision'' means any city, county, township, 
     town, borough, parish, village, or other general purpose 
     political subdivision of a State.

[[Page 6018]]

       (14) Natural resource trustee.--The term ``natural resource 
     trustee'' means each of the Federal and State trustees 
     designated under title I of the Oil Pollution Act of 1990 (33 
     U.S.C. 2701 et seq.) with respect to natural resource damages 
     relating to the Gulf oil spill.
       (15) Observation system.--The term ``Observation System'' 
     means the Gulf of Mexico Observation System established under 
     section 6(a).
       (16) Plan.--The term ``Plan'' means the Comprehensive Gulf 
     of Mexico Recovery Plan developed under section 5(a).
       (17) Strategy.--The term ``Strategy'' means the regional 
     ecosystem restoration strategy developed by the Gulf Coast 
     Ecosystem Restoration Task Force established by Executive 
     Order 13554 (16 U.S.C. 1451 note; relating to the Gulf Coast 
     Ecosystem Restoration Task Force).

     SEC. 3. GULF OF MEXICO RECOVERY COUNCIL.

       (a) Establishment.--There is established the Gulf of Mexico 
     Recovery Council.
       (b) Membership.--The Council shall be composed of each 
     member of the Gulf Coast Ecosystem Restoration Task Force 
     established by Executive Order 13554 (16 U.S.C. 1451 note; 
     relating to the Gulf Coast Ecosystem Restoration Task Force).
       (c) Chairperson.--The President shall select a Chairperson 
     from among the members of the Council.
       (d) Duties.--The Council, in coordination with the natural 
     resource trustees, shall--
       (1) develop the Plan;
       (2) establish guidelines for the provision of, and provide, 
     grants in accordance with subsection (e);
       (3) establish the Observation System;
       (4) establish the Fishery Endowment;
       (5) coordinate the sharing of scientific information and 
     other research associated with Gulf coast economic 
     development, ecosystem restoration, and public health 
     rehabilitation;
       (6) form partnerships with Federal and State agencies, 
     institutions of higher education, research consortia, private 
     companies, and other relevant entities; and
       (7) submit to the appropriate committees of Congress an 
     annual report under subsection (f).
       (e) Grants.--
       (1) In general.--Using amounts made available for 
     expenditure from the Fund for a fiscal year, the Council 
     shall provide grants in accordance with this subsection.
       (2) Grants to local political subdivisions.--
       (A) In general.--For each fiscal year, of the amounts made 
     available for expenditure from the Fund, the Council shall 
     use 45 percent of the amounts to provide grants to local 
     political subdivisions.
       (B) Request for grant proposals.--Not later than 30 days 
     after the date of enactment of this Act, and every 180 days 
     thereafter until such time as the percentage of amounts 
     specified in subparagraph (A) for a fiscal year has been 
     provided in the form of grants under this paragraph, the 
     Council shall issue to each local political subdivision 
     affected by the Gulf oil spill, as determined by the Council, 
     a request for proposal for grants for activities relating to 
     Gulf coast economic development, ecosystem restoration, and 
     public health rehabilitation, including--
       (i) environmental restoration and remediation (including 
     remediation in coastal and marine ecosystems);
       (ii) academic and applied research regarding the economy, 
     environment, and public health of the local political 
     subdivision;
       (iii) seafood marketing;
       (iv) tourism and tourism marketing;
       (v) coastal land acquisition;
       (vi) ecosystem resource planning;
       (vii) renewable and clean energy production and 
     development, energy conservation, and related retrofitting 
     projects;
       (viii) workforce development; and
       (ix) environmental education.
       (C) Consistency with regional ecosystem restoration 
     strategy.--The Council shall ensure that any funds made 
     available under this paragraph shall be used for projects and 
     activities that are consistent with the Strategy.
       (D) Timing of provision of grants.--The Council shall 
     provide a grant under this paragraph not later than 120 days 
     after the date on which the Council receives a proposal for 
     the grant described in subparagraph (B).
       (3) Grants from council for plan and observation system.--
       (A) In general.--For each fiscal year, of the amounts made 
     available for expenditure from the Fund, the Council shall 
     use 50 percent of the amounts to provide grants for use in--
       (i) funding projects, programs, or activities to meet the 
     goals described in section 5(b); and
       (ii) carrying out section 6.
       (B) Eligible recipients.--The Council may provide a grant 
     under this paragraph--
       (i) for a purpose described in subparagraph (A)(i), to--

       (I) a Federal or State agency;
       (II) an institution of higher education; or
       (III) a local political subdivision; and

       (ii) for the purpose described in subparagraph (A)(ii), to 
     eligible entities selected by the Council under section 
     6(b)(2)(A).
       (C) Condition for receipt of grant.--As a condition on the 
     receipt of a grant under this paragraph, and eligible 
     recipient described in subparagraph (B)(i) shall agree to 
     coordinate with the Council to develop and modify proposed 
     projects to address needs under, and achieve the goals of, 
     the Plan.
       (4) Method of allocation.--
       (A) In general.--The Council shall allocate the amounts to 
     be used within each Gulf State under this paragraph in 
     accordance with subparagraph (B).
       (B) Allocation.--
       (i) Proportionate share of length of gulf coast 
     shoreline.--Of the amounts allocated to a Gulf State 
     described in subparagraph (A) for each fiscal year, 60 
     percent shall be allocated based on the proportion that, as 
     determined by the Council based on the most recently 
     available data from, or accepted by, the Office of Coast 
     Survey of the National Oceanic and Atmospheric 
     Administration--

       (I) the aggregate length of the Gulf coast shoreline of the 
     Gulf State; bears to
       (II) the aggregate length of the Gulf coast shoreline of 
     all Gulf States.

       (ii) Proportionate share of aggregate population.--Of the 
     amounts allocated to a Gulf State described in subparagraph 
     (A) for each fiscal year, 40 percent shall be allocated based 
     on the proportion that, as determined by the Council based on 
     data collected during the most recent decennial census--

       (I) the aggregate population of all counties located, in 
     whole or in part, within the designated Gulf coast boundaries 
     of the Gulf State; bears to
       (II) the aggregate population of all counties located, in 
     whole or in part, within the designated Gulf coast boundaries 
     in all Gulf States.

       (iii) Adjustment authority.--In carrying out this paragraph 
     for a fiscal year, the Council may increase or decrease the 
     percentages of funds provided under clauses (i) and (ii) for 
     the fiscal year by not more than 5 percent, based on the 
     severity of impacts of the Gulf oil spill on a particular 
     Gulf State, as determined by the Council, on the condition 
     that the total of the percentages under those clauses remains 
     100 percent after all such increases and decreases.
       (5) Administrative expenses.--Not more than 5 percent of 
     the amount of any grant provided under this subsection may be 
     used for administrative expenses.
       (6) Fishery endowment.--For each fiscal year, an amount 
     equal to 5 percent of the amounts in the Fund shall be--
       (A) deposited by the Council in a subaccount in the 
     Treasury; and
       (B) made available to the Administrator of the National 
     Oceanic and Atmospheric Administration and the Regional Gulf 
     of Mexico Fishery Management Council for use in administering 
     and implementing the Fishery Endowment.
       (f) Annual Reports.--Not later than September 30, 2012, and 
     annually thereafter, the Council shall submit to the 
     appropriate committees of Congress a report that, for the 
     period covered by the report, contains a description of 
     each--
       (1) activity of the Council, including each grant provided 
     by the Council under subsection (e); and
       (2) policy, plan, activity, and project carried out under 
     this Act.
       (g) Authority to Transfer Fund.--The Council may transfer 
     amounts from the Fund to Federal agencies for the purpose of 
     carrying out this Act, including for the purposes of--
       (1) carrying out Plan;
       (2) administering the Fishery Endowment; and
       (3) administering the Observation System.
       (h) Nonapplicability of Federal Advisory Committee Act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Council.

     SEC. 4. GULF OF MEXICO RECOVERY FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Gulf of Mexico 
     Recovery Fund'', to be administered by the Council for 
     authorized uses described in subsection (c).
       (b) Transfers to Fund.--Notwithstanding any other provision 
     of law, the Secretary of the Treasury shall deposit in the 
     Fund amounts equal to not less than 100 percent of any 
     amounts collected by the United States before, on, or after 
     the date of enactment of this Act, and available on or after 
     the date of enactment of this Act, as penalties, settlements, 
     or fines under sections 309 and 311 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1319, 1321) in relation to 
     the Gulf oil spill.
       (c) Authorized Uses.--Amounts in the Fund shall be 
     available to the Council for the conduct of activities 
     relating to Gulf coast economic development, ecosystem 
     restoration, and public health rehabilitation in accordance 
     with this Act, including the provision of grants under 
     section 3(e).

     SEC. 5. COMPREHENSIVE GULF OF MEXICO RECOVERY PLAN.

       (a) Development of Plan.--In accordance with subsection 
     (b), the Council, in accordance with the Strategy and taking 
     into consideration the advice of the Scientific Advisory 
     Committee and the Citizens' Advisory Committee, shall develop 
     a comprehensive plan to restore, revitalize, and increase the 
     resiliency of the Gulf of Mexico ecosystem.

[[Page 6019]]

       (b) Goals.--The goals of the Plan shall include, with 
     respect to the Gulf coast--
       (1) ecosystem monitoring; and
       (2) ecosystem recovery and resiliency, with an emphasis on 
     a holistic, comprehensive approach covering coastal, 
     nearshore, deep water.
       (c) Implementation.--The Council shall provide grants under 
     section 4(c)(3)(A) for use in funding projects, programs, or 
     activities to meet the goals described in subsection (b).

     SEC. 6. GULF OF MEXICO OBSERVATION SYSTEM.

       (a) Establishment.--The Council shall establish the Gulf of 
     Mexico Observation System to observe, monitor, and map the 
     Gulf in a comprehensive manner.
       (b) Administration.--The Observation System shall be--
       (1) implemented through a Gulf of Mexico Exploration 
     Research Center; and
       (2) administered by 1 or more eligible entities that--
       (A) are selected by the Council based on an application 
     demonstrating the ability of the eligible entity to carry out 
     this section; and
       (B) receive a grant for that purpose under section 
     3(e)(3)(A)(ii).
       (c) Facilitation of Existing Technologies.--An eligible 
     entity administering the Observation System under subsection 
     (b) shall facilitate the use of existing technologies to 
     quickly increase, to the maximum extent practicable, 
     observation and monitoring capabilities in the Gulf.
       (d) Development of New Technologies.--An eligible entity 
     administering the Observation System under subsection (b) 
     shall facilitate the development of new monitoring 
     technologies.
       (e) Coordination With National Integrated Coastal and Ocean 
     Observation System.--The Council shall ensure that the 
     Observation System is developed in coordination with the 
     National Integrated Coastal and Ocean Observation System 
     established under section 12304(a) of the Integrated Coastal 
     and Ocean Observation System Act of 2009 (33 U.S.C. 3603(a)).

     SEC. 7. GULF OF MEXICO FISHERY ENDOWMENT.

       (a) Establishment.--As soon as practicable after the date 
     of enactment of this Act, the Council shall establish a 
     fishery endowment to ensure, to the maximum extent 
     practicable, the long-term sustainability of fish stocks and 
     the recreational, commercial, and charter fishing industry in 
     the Gulf of Mexico.
       (b) Funding.--For each fiscal year, of the amounts made 
     available for expenditure from the subaccount described in 
     section 3(e)(6)(A), 95 percent of the interest accrued in the 
     subaccount may be expended for, with respect to the Gulf of 
     Mexico--
       (1) data collection and stock assessments;
       (2) pilot programs for--
       (A) fishery independent data; and
       (B) spawning aggregations reduction;
       (3) cooperative research; and
       (4) training and education on sustainable fishing practices 
     and gear use.
       (c) Administration; Implementation.--The Fishery Endowment 
     shall be--
       (1) administered by the Administrator of the National 
     Oceanic and Atmospheric Administration; and
       (2) implemented by the Regional Gulf of Mexico Fishery 
     Management Council.

     SEC. 8. CITIZENS ADVISORY COMMITTEE.

       (a) Establishment.--There is established the Citizens' 
     Advisory Committee.
       (b) Membership.--
       (1) In general.--The Citizens' Advisory Committee shall be 
     composed of 39 members, of whom--
       (A) 30 members shall be voting members--
       (i) of whom--

       (I) 6 members shall be residents of, and represent, the 
     State of Alabama;
       (II) 6 members shall be residents of, and represent, the 
     State of Florida;
       (III) 6 members shall be residents of, and represent, the 
     State of Louisiana;
       (IV) 6 members shall be residents of, and represent, the 
     State of Mississippi; and
       (V) 6 members shall be residents of, and represent, the 
     State of Texas; and

       (ii) each of whom shall represent an interest of the State 
     of which the member represents, including an interest 
     relating to--

       (I) the commercial fin fish and shellfish industry;
       (II) the charter fishing industry;
       (III) the restaurant, hotel, and tourism industries;
       (IV) indigenous peoples communities;
       (V) the marine and coastal conservation community; and
       (VI) incorporated and unincorporated municipalities; and

       (B) 9 members shall be nonvoting members, of whom--
       (i) 1 member shall be appointed by, and represent, the 
     Secretary of the department in which the Coast Guard is 
     operating;
       (ii) 1 member shall be appointed by, and represent, the 
     Administrator of the Environmental Protection Agency;
       (iii) 1 member shall be appointed by, and represent, the 
     Administrator of the National Oceanic and Atmospheric 
     Administration;
       (iv) 1 member shall be appointed by, and represent, the 
     Secretary of the Interior;
       (v) 1 member shall be appointed by, and represent, the lead 
     maritime environmental and natural resources management and 
     enforcement agency of the State of Alabama;
       (vi) 1 member shall be appointed by, and represent, the 
     lead maritime environmental and natural resources management 
     and enforcement agency of the State of Florida;
       (vii) 1 member shall be appointed by, and represent, the 
     lead maritime environmental and natural resources management 
     and enforcement agency of the State of Louisiana;
       (viii) 1 member shall be appointed by, and represent, the 
     lead maritime environmental and natural resources management 
     and enforcement agency of the State of Mississippi; and
       (ix) 1 member shall be appointed by, and represent, the 
     lead maritime environmental and natural resources management 
     and enforcement agency of the State of Texas.
       (2) Geographic balance.--Voting and nonvoting members 
     representing States shall be appointed equally from each 
     State represented on the Citizens' Advisory Committee.
       (c) Terms.--
       (1) In general.--Except as provided in paragraph (2), the 
     voting members of the Citizens' Advisory Committee shall be 
     appointed for a term of 3 years.
       (2) Initial appointments.--To establish the terms of the 
     group of first appointments of voting members to the 
     Citizens' Advisory Committee, a drawing of lots among the 
     initial members shall be conducted under which--
       (A) \1/3\ of the group shall serve for a period of 3 years;
       (B) \1/3\ of the group shall serve for a period of 2 years; 
     and
       (C) \1/3\ of the group shall serve for a period 1 year.
       (3) Duration of committee.--The authority of the Citizens' 
     Advisory Committee shall continue during the lifetime of 
     energy development, transportation, and facility removal 
     activities in the Gulf of Mexico.
       (d) Administration.--
       (1) In general.--The Citizens' Advisory Committee shall--
       (A) elect a Chairperson from among the members of the 
     Citizens' Advisory Committee;
       (B) select a staff; and
       (C) make policies with regard to the internal operating 
     procedures of the Citizens' Advisory Committee.
       (2) Self-governance.--
       (A) Initial meeting.--After the date on which the Secretary 
     of the department in which the Coast Guard is operating 
     conducts an initial organizational meeting for the Citizens' 
     Advisory Committee, the Citizens' Advisory Committee shall be 
     self-governing.
       (B) Initial meeting.--Not later than 60 days after the date 
     on which all members of the Citizens' Advisory Committee have 
     been appointed, the Citizens' Advisory Committee shall hold 
     the initial meeting of the Citizens' Advisory Committee.
       (C) Periodic meetings.--The Citizens' Advisory Committee 
     shall conduct meetings not less frequently than 1 meeting per 
     calendar year.
       (3) Transparency.--Subject to subsection (e)(2), the 
     Citizens' Advisory Committee shall--
       (A) conduct the operations of the Citizens' Advisory 
     Committee in a manner that is accessible by the public;
       (B) ensure that each work product adopted by the Citizens' 
     Advisory Committee is publicly accessible;
       (C) conduct not less than 1 meeting during each calendar 
     year that is open to the public, for which the Citizens' 
     Advisory Committee shall provide public notice not later than 
     30 days before the date of the meeting; and
       (D) maintain a public website containing, at a minimum--
       (i) recommendations made by the Citizens' Advisory 
     Committee, and information as to whether the recommendations 
     have been adopted (including an explanation of each reason of 
     the Citizens' Advisory Committee for not adopting a 
     recommendation);
       (ii) a description of plans under review, carried out in a 
     manner that does not disclose any confidential or privileged 
     information;
       (iii) a statement of industry standards; and
       (iv) an interactive component that enables the public--

       (I) to submit questions and comments; and
       (II) to report problems.

       (4) Conflicts of interest.--An individual selected as a 
     voting member of the Citizens' Advisory Committee may not 
     engage in any activity that may conflict with the execution 
     of the functions or duties of the individual as a member of 
     the Citizens' Advisory Committee.
       (e) Information From Federal Agencies and Industry.--
       (1) In general.--The Citizens' Advisory Committee may 
     request directly from any Federal agency information, 
     suggestions, estimates, and statistics to carry out this 
     section.
       (2) Access.--The Citizens' Advisory Committee shall have 
     access to--
       (A) facilities and nonproprietary records of the oil and 
     gas industry that are relevant to the proper execution of the 
     duties of the Citizens' Advisory Committee under this 
     section; and
       (B) records containing proprietary information if--

[[Page 6020]]

       (i) the records are relevant to the proper execution of the 
     duties of the Citizens' Advisory Committee under this 
     section; and
       (ii) the proprietary information is redacted to the extent 
     necessary and appropriate.
       (f) Committee Recommendations.--All recommendations of the 
     Committee shall only be advisory.
       (g) Location and Compensation.--
       (1) Office locations.--The Council shall establish offices 
     in 1 or more Gulf States, as the Citizens' Advisory Committee 
     determines to be necessary and appropriate to carry out the 
     operations of the Citizens' Advisory Committee.
       (2) Compensation.--A member of the Citizens' Advisory 
     Committee shall--
       (A) serve without compensation; and
       (B) be allowed travel expenses, including per diem in lieu 
     of subsistence, at rates authorized for an employee of an 
     agency under subchapter I of chapter 57 of title 5, United 
     States Code (except by express authorization of the Citizens' 
     Advisory Committee in any case in which the rates are 
     inadequate to reimburse a member not eligible for travel 
     rates of the Federal Government).
       (h) Reports.--
       (1) Duty of comptroller general of the united states.--Not 
     later than 3 years after the date of establishment of the 
     Citizens' Advisory Committee, and every 3 years thereafter, 
     the Comptroller General of the United States shall submit to 
     the President and the appropriate committees of Congress a 
     report that contains a description of, for the period covered 
     by the report, the operations and expenditures of the 
     Citizens' Advisory Committee in carrying out this section 
     (including any recommendation of the Comptroller General of 
     the United States).
       (2) Duty of citizens' advisory committee.--Not later than 2 
     years after the date of establishment of the Citizens' 
     Advisory Committee, and every 2 years thereafter, the 
     Citizens' Advisory Committee shall submit to the appropriate 
     committees of Congress a report that contains, for the period 
     covered by the report, a description of--
       (A) the extent of achievement of safe operations in the 
     Gulf of oil and gas activities;
       (B) unresolved problems and concerns with operations, 
     activities, and plans; and
       (C) the operations and expenditures, needs, issues, and 
     recommendations of the Citizens' Advisory Committee.

     SEC. 9. SCIENTIFIC ADVISORY COMMITTEE.

       (a) Establishment.--There is established the Scientific 
     Advisory Committee to provide advice to the Council regarding 
     the science behind the Plan and long-term monitoring and 
     restoration of the Gulf coast ecosystem.
       (b) Membership.--The Scientific Advisory Committee shall be 
     composed of 16 members, of whom--
       (1) 10 shall be voting members, of whom--
       (A) with respect to the State of Alabama, 2 members shall 
     be appointed by the State, of whom--
       (i) 1 shall be a scientist employed by an institution of 
     higher education located in the State; and
       (ii) 1 shall be a representative of the environmental 
     protection or quality agency of the State;
       (B) with respect to the State of Florida, 2 members shall 
     be appointed by the State, of whom--
       (i) 1 shall be a scientist employed by an institution of 
     higher education located in the State; and
       (ii) 1 shall be a representative of the environmental 
     protection or quality agency of the State;
       (C) with respect to the State of Louisiana, 2 members shall 
     be appointed by the State, of whom--
       (i) 1 shall be a scientist employed by an institution of 
     higher education located in the State; and
       (ii) 1 shall be a representative of the environmental 
     protection or quality agency of the State;
       (D) with respect to the State of Mississippi, 2 members 
     shall be appointed by the State, of whom--
       (i) 1 shall be a scientist employed by an institution of 
     higher education located in the State; and
       (ii) 1 shall be a representative of the environmental 
     protection or quality agency of the State; and
       (E) with respect to the State of Texas, 2 members shall be 
     appointed by the State, of whom--
       (i) 1 shall be a scientist employed by an institution of 
     higher education located in the State; and
       (ii) 1 shall be a representative of the environmental 
     protection or quality agency of the State; and
       (2) 4 shall be nonvoting members, of whom--
       (A) 1 member shall be appointed by the Administrator of the 
     National Oceanic and Atmospheric Administration;
       (B) 1 member shall be appointed by the Administrator of the 
     Environmental Protection Agency;
       (C) 1 member shall be appointed by the Director of the 
     National Institute for Standards and Technology; and
       (D) 1 member shall be appointed by the Secretary of the 
     Interior.
       (c) Duties.--Not later than 2 years after the date of 
     enactment of this Act, and biennially thereafter, the 
     Scientific Advisory Committee shall prepare and submit to the 
     Council a report that describes, for the period covered by 
     the report, the science regarding--
       (1) impacts to the Gulf and Gulf coast from the Gulf oil 
     spill;
       (2) the progress of restoration activities for the Gulf and 
     Gulf coast; and
       (3) the implementation of the Plan.

     SEC. 10. EFFECT ON OTHER LAW.

       Nothing in this section supersedes or otherwise affects any 
     provision of Federal law, including, in particular, laws 
     providing recovery for injury to natural resources under the 
     Oil Pollution Act of 1990 (33 U.S.C 2701 et seq.).

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