[Congressional Record (Bound Edition), Volume 157 (2011), Part 7]
[Senate]
[Pages 10391-10397]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. REED (for himself, Mr. Cochran, Mrs. Murray, Mr. 
        Rockefeller, and Mr. Whitehouse):
  S. 1328. A bill to amend the Elementary and Secondary Education Act 
of 1965 regarding school libraries, and for other purposes; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. REED. Mr. President, today I introduce with my colleagues 
Senators Cochran, Murray, Rockefeller, and Whitehouse, the 
Strengthening Kids' Interest in Learning and Libraries Act bill.
  Our bipartisan legislation will reauthorize and strengthen the school 
library program of the Elementary and Secondary Education Act. The key 
improvements to the program include ensuring that elementary, middle, 
and high school students are served; expanding professional development 
to include digital literacy instruction and reading and writing 
instruction across all grade levels; focusing on coordination and 
shared planning time between teachers and librarians; awarding grants 
for a period of three years; and ensuring that books and materials are 
appropriate for and gain the interest of students with special learning 
needs, including English learners.
  The SKILLS Act will also strengthen Title I by asking state and 
school district plans to address the development of effective school 
library programs to help students develop digital literacy skills, 
master the knowledge and skills in the challenging academic content 
standards adopted by the state, and graduate from high school ready for 
college and careers. Additionally, the legislation will broaden the 
focus of training, professional development, and recruitment activities 
under Title II to include school librarians.
  Since 1965, more than 60 education and library studies have produced 
clear evidence that school libraries staffed by qualified librarians 
have a positive impact on student academic achievement. Knowing how to 
find and use information are essential skills for college and careers. 
A good school library, staffed by a trained school librarian, is where 
students develop and hone these skills.
  The SKILLS Act will build on the success of the Improving Literacy 
through School Libraries programs that was part of the No Child Left 
Behind Act and is the only Federal initiative solely dedicated to 
supporting and enhancing our Nation's school libraries. The Department 
of Education's January 2009 evaluation of the program found that it had 
been successful in improving the quality of those school libraries 
receiving the grants. Unfortunately, even in the face of all the 
evidence of the role school libraries play in boosting student 
achievement and the efficacy of the program itself, the Administration 
opted not to use its authority to provide funding for the school 
library program under the fiscal year 2011 continuing resolution.

[[Page 10392]]

  This was a very short-sighted decision. Since its enactment in 2002, 
the Improving Literacy through School Libraries program has been making 
a difference for students across the country.
  In Rhode Island, for instance, this program supported the Get READY, 
Get Ready, Empowered And Determined Youth, project of the Woonsocket 
school district, which encompassed a comprehensive strategy to improve 
the reading skills and academic achievement of 6,296 students, in 
grades K-12, by addressing critical elements of an effective school 
library program. Grant funds allowed the district to replace outdated 
library materials, add one to two books per student at each library, 
extend library hours, and add new computers to connect students to 
information at other libraries. The funds also increased resources for 
professional development in technology training for teachers and 
librarians.
  Absent the Federal program, the libraries in many of our high poverty 
schools will languish with outdated materials and technology. This is a 
true equity issue, which is why I will continue to fight to sustain our 
Federal investment in this area and why renewing and strengthening the 
school library program is of critical importance.
  I urge my colleagues to join in cosponsoring the Strengthening Kids' 
Interest in Learning and Libraries Act.
  Mr. President I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1328

       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 ``Strengthening Kids' Interest 
     in Learning and Libraries Act'' or the ``SKILLS Act''.

     SEC. 2. REFERENCES.

       Except as otherwise expressly provided, wherever 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 Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6301 et seq.).

         TITLE I--IMPROVING EDUCATION THROUGH SCHOOL LIBRARIES

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       Section 1002(b)(4) (20 U.S.C. 6302(b)(4)) is amended to 
     read as follows:
       ``(4) Improving literacy through school libraries.--For the 
     purpose of carrying out subpart 4 of part B, there are 
     authorized to be appropriated such sums as may be necessary 
     for fiscal year 2012 and for each of the 5 succeeding fiscal 
     years.''.

     SEC. 102. STATE PLANS.

       Section 1111(b)(8) (20 U.S.C. 6311(b)(8)) is amended--
       (1) in the matter preceding subparagraph (A), by inserting 
     ``or include'' after ``describe'';
       (2) in subparagraph (D), by striking ``and'' after the 
     semicolon;
       (3) by redesignating subparagraph (E) as subparagraph (F); 
     and
       (4) by inserting after subparagraph (D) the following:
       ``(E) an assurance that the State educational agency will 
     assist local educational agencies in developing effective 
     school library programs to provide students an opportunity to 
     develop digital literacy skills and the knowledge and skills 
     described in the challenging academic content standards 
     adopted by the State; and''.

     SEC. 103. LOCAL EDUCATIONAL AGENCY PLANS.

       Section 1112(c)(1) (20 U.S.C. 6312(c)(1)) is amended--
       (1) in subparagraph (N), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (O), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(P) assist each school served by the agency and assisted 
     under this part in developing effective school library 
     programs consistent with section 1111(b)(8)(E).''.

     SEC. 104. SCHOOLWIDE PROGRAMS.

       Section 1114(b)(1)(D) (20 U.S.C. 6314(b)(1)(D)) is amended 
     by inserting ``school librarians,'' after ``teachers,''.

     SEC. 105. TARGETED ASSISTANCE PROGRAMS.

       Section 1115(c)(1)(F) (20 U.S.C. 6315(c)(1)(F)) is amended 
     by inserting ``school librarians,'' after ``teachers,''.

     SEC. 106. IMPROVING LITERACY AND COLLEGE AND CAREER READINESS 
                   THROUGH EFFECTIVE SCHOOL LIBRARY PROGRAMS.

       Subpart 4 of part B of title I (20 U.S.C. 6383) is amended 
     to read as follows:

   ``Subpart 4--Improving Literacy and College and Career Readiness 
               Through Effective School Library Programs

     ``SEC. 1251. IMPROVING LITERACY AND COLLEGE AND CAREER 
                   READINESS THROUGH EFFECTIVE SCHOOL LIBRARY 
                   PROGRAMS.

       ``(a) Purpose.--The purpose of this subpart is to improve 
     students' literacy skills and readiness for higher education 
     and careers, by providing students with effective school 
     library programs.
       ``(b) Definition of Eligible Entity.--In this section, the 
     term `eligible entity' means--
       ``(1) a local educational agency in which 20 percent of the 
     students served by the local educational agency are from 
     families with incomes below the poverty line; or
       ``(2) a consortia of such local educational agencies.
       ``(c) Reservation.--From the funds appropriated under 
     section 1002(b)(4) for a fiscal year, the Secretary shall 
     reserve--
       ``(1) one-half of 1 percent to award assistance under this 
     section to the Bureau of Indian Education to carry out 
     activities consistent with the purpose of this subpart; and
       ``(2) one-half of 1 percent to award assistance under this 
     section to the outlying areas according to their respective 
     needs for assistance under this subpart.
       ``(d) Grants to Local Educational Agencies.--
       ``(1) In general.--From amounts appropriated under section 
     1002(b)(4) and not reserved under subsection (c), the 
     Secretary shall award grants, on a competitive basis, to 
     eligible entities to enable such entities to carry out the 
     authorized activities described in subsection (e).
       ``(2) Sufficient size and scope.--The Secretary shall award 
     grants under this section of sufficient size and scope to 
     allow the eligible entities to carry out effective school 
     library programs for which the grant funds are provided.
       ``(3) Distribution.--The Secretary shall ensure that grants 
     under this section are equitably distributed among the 
     different geographic regions of the United States, and among 
     eligible entities serving urban and rural areas.
       ``(4) Duration.--The Secretary shall award grants under 
     this section for a period of 3 years.
       ``(5) Local applications.--An eligible entity desiring to 
     receive a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require. 
     Such application shall include, for each school that the 
     eligible entity identifies as participating in a grant 
     program under this section, the following information:
       ``(A) a needs assessment relating to the need for literacy 
     improvement at all grade levels and the need for effective 
     school library programs, based on the age and condition of 
     school library resources, including--
       ``(i) book collections;
       ``(ii) access to advanced technology;
       ``(iii) the availability of well-trained, State certified 
     or licensed school librarians; and
       ``(iv) the current level of coordination and shared 
     planning time among school librarians and classroom teachers;
       ``(B) a description of which grade spans will be served, 
     and an assurance that funding will be distributed to serve 
     students in elementary, middle, and high schools;
       ``(C) how the eligible entity will extensively involve 
     school librarians, teachers, administrators, and parents in 
     the activities assisted under this section, and the manner in 
     which the eligible entity will carry out the activities 
     described in subsection (e) using programs and materials that 
     are grounded in scientifically valid research;
       ``(D) the manner in which the eligible entity will 
     effectively coordinate the funds and activities provided 
     under this section with Federal, State, and local funds and 
     activities under this subpart and other literacy, library, 
     technology, and professional development funds and 
     activities, including those funded through the Institute of 
     Museum and Library Services; and
       ``(E) the manner in which the eligible entity will collect 
     and analyze data on the quality and impact of activities 
     carried out under this section by schools served by the 
     eligible entity.
       ``(e) Local Activities.--Funds under this section may be 
     used to develop and enhance effective school library 
     programs, which may include activities to--
       ``(1) acquire up-to-date school library resources, 
     including books and reading materials that--
       ``(A) are appropriate for students in all grade levels to 
     be served and for students with special learning needs, 
     including students who are limited English proficient; and
       ``(B) engage the interest of readers at all reading levels;
       ``(2) acquire and use advanced technology, incorporated 
     into the curricula of the school, to develop and enhance the 
     digital literacy skills of students;
       ``(3) facilitate Internet links and other resource-sharing 
     networks among schools and school libraries, and public and 
     academic libraries, where possible;
       ``(4) provide--
       ``(A) professional development in the acquisition of 
     digital literacy skills and literacy instruction that is 
     appropriate for all

[[Page 10393]]

     grades, including the assessment of student literacy needs, 
     the coordination of reading and writing instruction across 
     content areas, and training in literacy strategies in all 
     content areas for school librarians; and
       ``(B) activities that foster increased collaboration among 
     school librarians, teachers, and administrators; and
       ``(5) provide students with access to school libraries 
     during nonschool hours, including the hours before and after 
     school, during weekends, and during summer vacation periods.
       ``(f) Supplement Not Supplant.--Funds made available under 
     this section shall be used to supplement, and not supplant, 
     other Federal, State, and local funds expended to carry out 
     activities relating to library, technology, or professional 
     development activities.
       ``(g) Accountability and Reporting.--Each eligible entity 
     that receives funds under this section for a fiscal year 
     shall prepare and submit a report to the Secretary regarding 
     how the funding was used and the extent to which the 
     availability of, the access to, and the use of, up-to-date 
     school library resources in the elementary schools and 
     secondary schools served by the eligible entity was 
     increased.''.

    TITLE II--PREPARING, TRAINING, AND RECRUITING HIGHLY EFFECTIVE 
              TEACHERS, SCHOOL LIBRARIANS, AND PRINCIPALS

     SEC. 201. TEACHER, SCHOOL LIBRARIAN, AND PRINCIPAL TRAINING 
                   AND RECRUITING FUND.

       Title II (20 U.S.C. 6601 et seq.) is amended--
       (1) in the title heading, by striking ``HIGH QUALITY 
     TEACHERS AND PRINCIPALS'' and inserting ``HIGHLY EFFECTIVE 
     TEACHERS, SCHOOL LIBRARIANS, AND PRINCIPALS''; and
       (2) in the part heading, by striking ``TEACHER AND 
     PRINCIPAL'' and inserting ``TEACHER, SCHOOL LIBRARIAN, AND 
     PRINCIPAL''.

     SEC. 202. PURPOSE.

       Section 2101(1) (20 U.S.C. 6601(1)) is amended to read as 
     follows:
       ``(1) increase student achievement through strategies such 
     as--
       ``(A) improving teacher, school librarian, and principal 
     quality; and
       ``(B) increasing the number of highly effective teachers in 
     the classroom, highly effective school librarians in the 
     library, and highly effective principals and assistant 
     principals in the school; and''.

     SEC. 203. STATE APPLICATIONS.

       Section 2112(b)(4) (20 U.S.C. 6612(b)(4)) is amended by 
     inserting ``, school librarians,'' before ``and principals''.

     SEC. 204. STATE USE OF FUNDS.

       Section 2113(c) (20 U.S.C. 6613(c)) is amended--
       (1) in paragraph (4)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``principals,'' and inserting ``highly effective school 
     librarians, and highly qualified principals and''; and
       (B) in subparagraph (B), by striking ``, principals,'' and 
     inserting ``, highly effective school librarians, and highly 
     qualified principals''; and
       (2) in paragraph (6), by striking ``teachers and 
     principals'' each place the term appears and inserting 
     ``teachers, school librarians, and principals''.

     SEC. 205. LOCAL USE OF FUNDS.

       Section 2123(a) (20 U.S.C. 6623(a)) is amended by inserting 
     after paragraph (8) the following:
       ``(9)(A) Developing and implementing strategies to assist 
     in recruiting and retaining highly effective school 
     librarians; and
       ``(B) providing appropriate professional development for 
     school librarians, particularly related to skills necessary 
     to assist students to improve the students' academic 
     achievement, including digital literacy skills and 
     preparation for higher education and careers.''.

                     TITLE III--GENERAL PROVISIONS

     SEC. 301. DEFINITIONS.

       Section 9101 (20 U.S.C. 7801) is amended--
       (1) by redesignating paragraphs (16), (17), and (18) 
     through (43) as paragraphs (17), (18), and (20) through (45), 
     respectively;
       (2) by inserting after paragraph (15) the following:
       ``(15) Digital literacy skills.--The term `digital literacy 
     skills' has the meaning given the term in section 202 of the 
     Museum and Library Services Act.''; and
       (3) by inserting after paragraph (18) (as redesignated by 
     paragraph (1)) the following:
       ``(19) Effective school library program.--The term 
     `effective school library program' means a school library 
     program that--
       ``(A) is staffed by a State certified or licensed school 
     librarian;
       ``(B) has up-to-date books, materials, equipment, and 
     technology (including broadband);
       ``(C) includes regular collaboration between classroom 
     teachers and school librarians to assist with development and 
     implementation of the curriculum and other school reform 
     efforts; and
       ``(D) supports the development of digital literacy 
     skills.''.

     SEC. 302. CONFORMING AMENDMENTS.

       (a) Table of Contents.--The table of contents in section 2 
     of the Act is amended--
       (1) by striking the items relating to subpart 4 of part B 
     of title I and inserting the following:

   ``subpart 4--improving literacy and college and career readiness 
               through effective school library programs

``Sec. 1251. Improving literacy and college and career readiness 
              through effective school library programs.'';
       (2) by striking the item relating to title II and inserting 
     the following:

   ``TITLE II--PREPARING, TRAINING, AND RECRUITING HIGHLY EFFECTIVE 
             TEACHERS, SCHOOL LIBRARIANS, AND PRINCIPALS'';

     and
       (3) by striking the item relating to part A of title II and 
     inserting the following:

    ``PART A--Teacher, School Librarian, and Principal Training and 
                          Recruiting Fund.''.

                                 ______
                                 
      Mr. REED (for himself, Mr. Harkin, Mrs. Murray, Mr. Whitehouse, 
        Mr. Brown of Ohio, Mr. Schumer, Mr. Leahy, Mr. Casey, and Mr. 
        Blumenthal):
  S. 1333. A bill to provide for the treatment and temporary financing 
of short-time compensation programs; to the Committee on Finance.
  Mr. REED. Mr. President, today I am introducing the Layoff Prevention 
Act, legislation to strengthen and expand work sharing programs to keep 
Americans on the job and provide employers with a practical alternative 
to layoffs that is good for business.
  While the U.S. has experienced 15 consecutive months of private-
sector job creation, too many Americans, nearly 14 million, remain out 
of work. Like everyone in my State, I am fully focused on finding ways 
to create jobs. As we work to stabilize employment, our efforts should 
also be aimed at preventing the loss of jobs in the first place.
  This is where work sharing programs make a real difference. If you 
are a business owner faced with the prospect of having to let go some 
percentage of your highly-skilled workforce because of a rough patch, 
work sharing allows you to keep your workers on the job with reduced 
hours until you can bring them back on full time when business 
rebounds. In this way, a business does not lose out on the considerable 
expense and time it has put in to hire and train these workers. This 
initiative helps workers by lessening the impact of those reduced hours 
on workers and their families because workers receive a proportionate 
share of unemployment benefits.
  Work sharing has proven to be effective not only in my State of Rhode 
Island, but in the more than 20 States and the District of Columbia 
that have adopted it across the Nation. At the height of the recession 
in 2009, there was a significant jump in employer participation, 
demonstrating the program's value to small, medium, and large 
businesses. Indeed, according to the Department of Labor, work sharing 
programs saved approximately 165,000 jobs in 2009, nearly triple the 
number the year prior. As the overall economy improved in 2010, the 
system continued to be a valuable tool, saving 100,000 jobs. But these 
numbers could be much larger if more States adopted work sharing.
  Although work sharing has played an increased role in preventing 
layoffs, it remains underutilized. Some States are not actively 
promoting its use; while in many other States it is simply not 
available.
  Despite these limitations, the current economic circumstances have 
shined a bright light on the value of job sharing and these initiatives 
have been front and center as States are increasingly turning to them 
to prevent job losses. A growing number of States with Republican and 
Democratic Governors have taken action. In just the past few weeks, 
Maine and Pennsylvania have enacted laws to create work sharing 
systems, following Colorado, Oklahoma, and New Hampshire last year. The 
President has also recognized the potential of work sharing to stave 
off further job losses by including in his fiscal year 2012 budget 
proposal that expanded on legislation I introduced last Congress.
  The bill I am introducing today along with Senators Harkin, Murray, 
Schumer, Sherrod Brown, Whitehouse,

[[Page 10394]]

Leahy, Casey, and Blumenthal builds on this momentum and encourages 
States with existing lay off prevention systems to utilize them more 
frequently and incentivizes States without work sharing to create them. 
It strengthens the legislation that I authored last Congress by 
including changes suggested by the business community, States, 
economists, and other stakeholders. As in past versions, it provides 
States that have approved programs with temporary Federal financing for 
100 percent of work sharing benefits paid to workers, limited to 26 
weeks worth of benefits spread out over the course of a year. This 
financing is available for three years.
  While the bill is designed to incentivize States to enact permanent 
laws to create work sharing, the bill also includes provisions to allow 
States to get work sharing up and running more quickly. Specifically, a 
State can reach an agreement with the Department of Labor to create a 
temporary program under which they would receive 50 percent Federal 
financing. This financing incentive would be available for 2 years, and 
such States would be eligible for a third year of 100 percent federal 
funding if they pass a permanent law.
  In addition, the bill provides flexible grants to State labor 
agencies at a time when they are doing more with less. States that 
enact work sharing programs are eligible for grants to improve 
implementation and administration, and there are also grants for 
promotion and enrollment. These resources will play a critical role in 
ensuring that States are efficiently able to inform employers of its 
benefits, and encourage greater use of work sharing to stave off 
layoffs. Moreover, as work sharing programs take hold, States will see 
their unemployment insurance systems less burdened as fewer individuals 
will need to avail themselves of full unemployment benefits.
  Simply put, this legislation will help more workers, businesses, and 
communities stay afloat, while the country works its way through these 
tough economic times. Moreover, the bill lays a needed foundation to 
protect businesses and workers from any future recession. It is a win-
win for all.
  First, work sharing helps speed economic recovery. Economist Mark 
Zandi estimates that temporary financing of work share offers a very 
high ``bang for the buck'' of $1.69. That is, every $1 devoted to 
finance State work share programs results in $1.69 in real GDP.
  Second, work sharing allows businesses to retain skilled workers, 
temporarily cut costs, and maintain employee morale.
  Third, it keeps people working while receiving a share of 
unemployment benefits to make up for lost wages and retaining health 
insurance and retirement benefits. This means workers can continue to 
pay their mortgages and bills, provide for their families, and support 
businesses in their local communities.
  Keeping workers attached to the workforce is a key element of 
ensuring economic growth.
  This legislation does not reinvent the wheel, it is not a mandate on 
employers or States, and it is not telling anyone what they must do.
  Instead, it takes a proven jobs-saving initiative, that is 
increasingly being used by States, and strengthens and expands it. It 
gives more employers in more States the opportunity to take advantage 
of its benefits.
  I urge my colleagues to join us in supporting this important 
legislation. It is my hope that we can proceed in a bipartisan manner 
as has been accomplished in the more than 20 States where work sharing 
has been adopted and take swift action to pass 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. 1333

       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 ``Layoff 
     Prevention Act of 2011''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Treatment of short-time compensation programs.
Sec. 3. Temporary financing of short-time compensation payments in 
              States with programs in law.
Sec. 4. Temporary financing of short-time compensation agreements.
Sec. 5. Grants for short-time compensation programs.
Sec. 6. Assistance and guidance in implementing programs.
Sec. 7. Reports.

     SEC. 2. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS.

       (a) Definition.--
       (1) In general.--Section 3306 of the Internal Revenue Code 
     of 1986 (26 U.S.C. 3306) is amended by adding at the end the 
     following new subsection:
       ``(v) Short-Time Compensation Program.--For purposes of 
     this chapter, the term `short-time compensation program' 
     means a program under which--
       ``(1) the participation of an employer is voluntary;
       ``(2) an employer reduces the number of hours worked by 
     employees in lieu of layoffs;
       ``(3) such employees whose workweeks have been reduced by 
     at least 10 percent, and by not more than the percentage, if 
     any, that is determined by the State to be appropriate (but 
     in no case more than 60 percent), are eligible for 
     unemployment compensation;
       ``(4) the amount of unemployment compensation payable to 
     any such employee is a pro rata portion of the unemployment 
     compensation which would otherwise be payable to the employee 
     if such employee were totally unemployed;
       ``(5) such employees are not expected to meet the 
     availability for work or work search test requirements while 
     collecting short-time compensation benefits, but are required 
     to be available for their normal workweek;
       ``(6) eligible employees may participate, as appropriate, 
     in training (including employer-sponsored training or worker 
     training funded under the Workforce Investment Act of 1998) 
     to enhance job skills if such program has been approved by 
     the State agency;
       ``(7) the State agency shall require employers to certify 
     that the employer will continue to provide health benefits 
     and retirement benefits under a defined benefit plan (as 
     defined in section 414(j)) and contributions under a defined 
     contribution plan (as defined in section 414(i)) to any 
     employee whose workweek is reduced under the program under 
     the same terms and conditions as though the workweek of such 
     employee had not been reduced;
       ``(8) the State agency shall require an employer to submit 
     a written plan describing the manner in which the 
     requirements of this subsection will be implemented 
     (including a plan for giving advance notice, where feasible, 
     to an employee whose workweek is to be reduced) together with 
     an estimate of the number of layoffs that would have occurred 
     absent the ability to participate in short-time compensation 
     and such other information as the Secretary of Labor 
     determines is appropriate;
       ``(9) in the case of employees represented by a union, the 
     appropriate official of the union has agreed to the terms of 
     the employer's written plan and implementation is consistent 
     with employer obligations under the applicable Federal laws; 
     and
       ``(10) upon request by the State and approval by the 
     Secretary of Labor, only such other provisions are included 
     in the State law that are determined to be appropriate for 
     purposes of a short-time compensation program.''.
       (2) Effective date.--Subject to paragraph (3), the 
     amendment made by paragraph (1) shall take effect on the date 
     of the enactment of this Act.
       (3) Transition period for existing programs.--In the case 
     of a State that is administering a short-time compensation 
     program as of the date of the enactment of this Act and the 
     State law cannot be administered consistent with the 
     amendment made by paragraph (1), such amendment shall take 
     effect on the earlier of--
       (A) the date the State changes its State law in order to be 
     consistent with such amendment; or
       (B) the date that is 2 years and 6 months after the date of 
     the enactment of this Act.
       (b) Conforming Amendments.--
       (1) Internal revenue code of 1986.--
       (A) Subparagraph (E) of section 3304(a)(4) of the Internal 
     Revenue Code of 1986 is amended to read as follows:
       ``(E) amounts may be withdrawn for the payment of short-
     time compensation under a short-time compensation program (as 
     defined under section 3306(v));''.
       (B) Subsection (f) of section 3306 of the Internal Revenue 
     Code of 1986 is amended--
       (i) by striking paragraph (5) (relating to short-time 
     compensation) and inserting the following new paragraph:
       ``(5) amounts may be withdrawn for the payment of short-
     time compensation under a short-time compensation program (as 
     defined in subsection (v)); and''; and

[[Page 10395]]

       (ii) by redesignating paragraph (5) (relating to self-
     employment assistance program) as paragraph (6).
       (2) Social security act.--Section 303(a)(5) of the Social 
     Security Act is amended by striking ``the payment of short-
     time compensation under a plan approved by the Secretary of 
     Labor'' and inserting ``the payment of short-time 
     compensation under a short-time compensation program (as 
     defined in section 3306(v) of the Internal Revenue Code of 
     1986)''.
       (3) Unemployment compensation amendments of 1992.--
     Subsections (b) through (d) of section 401 of the 
     Unemployment Compensation Amendments of 1992 (26 U.S.C. 3304 
     note) are repealed.

     SEC. 3. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION 
                   PAYMENTS IN STATES WITH PROGRAMS IN LAW.

       (a) Payments to States.--
       (1) In general.--Subject to paragraph (3), there shall be 
     paid to a State an amount equal to 100 percent of the amount 
     of short-time compensation paid under a short-time 
     compensation program (as defined in section 3306(v) of the 
     Internal Revenue Code of 1986, as added by section 2(a)) 
     under the provisions of the State law.
       (2) Terms of payments.--Payments made to a State under 
     paragraph (1) shall be payable by way of reimbursement in 
     such amounts as the Secretary estimates the State will be 
     entitled to receive under this section for each calendar 
     month, reduced or increased, as the case may be, by any 
     amount by which the Secretary finds that the Secretary's 
     estimates for any prior calendar month were greater or less 
     than the amounts which should have been paid to the State. 
     Such estimates may be made on the basis of such statistical, 
     sampling, or other method as may be agreed upon by the 
     Secretary and the State agency of the State involved.
       (3) Limitations on payments.--
       (A) General payment limitations.--No payments shall be made 
     to a State under this section for short-time compensation 
     paid to an individual by the State during a benefit year in 
     excess of 26 times the amount of regular compensation 
     (including dependents' allowances) under the State law 
     payable to such individual for a week of total unemployment.
       (B) Employer limitations.--No payments shall be made to a 
     State under this section for benefits paid to an individual 
     by the State under a short-time compensation program if such 
     individual is employed by an employer on a seasonal, 
     temporary, or intermittent basis.
       (b) Applicability.--
       (1) In general.--Payments to a State under subsection (a) 
     shall be available for weeks of unemployment--
       (A) beginning on or after the date of the enactment of this 
     Act; and
       (B) ending on or before the date that is 3 years and 6 
     months after the date of the enactment of this Act.
       (2) Three-year funding limitation for combined payments 
     under this section and section 4.--States may receive 
     payments under this section and section 4 with respect to a 
     total of not more than 156 weeks.
       (c) Two-year Transition Period for Existing Programs.--
     During any period that the transition provision under section 
     2(a)(3) is applicable to a State with respect to a short-time 
     compensation program, such State shall be eligible for 
     payments under this section. Subject to paragraphs (1)(B) and 
     (2) of subsection (b), if at any point after the date of the 
     enactment of this Act the State enacts a State law providing 
     for the payment of short-time compensation under a short-time 
     compensation program that meets the definition of such a 
     program under section 3306(v) of the Internal Revenue Code of 
     1986, as added by section 2(a), the State shall be eligible 
     for payments under this section after the effective date of 
     such enactment.
       (d) Funding and Certifications.--
       (1) Funding.--There are appropriated, out of moneys in the 
     Treasury not otherwise appropriated, such sums as may be 
     necessary for purposes of carrying out this section.
       (2) Certifications.--The Secretary shall from time to time 
     certify to the Secretary of the Treasury for payment to each 
     State the sums payable to such State under this section.
       (e) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (2) State; state agency; state law.--The terms ``State'', 
     ``State agency'', and ``State law'' have the meanings given 
     those terms in section 205 of the Federal-State Extended 
     Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

     SEC. 4. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION 
                   AGREEMENTS.

       (a) Federal-State Agreements.--
       (1) In general.--Any State which desires to do so may enter 
     into, and participate in, an agreement under this section 
     with the Secretary provided that such State's law does not 
     provide for the payment of short-time compensation under a 
     short-time compensation program (as defined in section 
     3306(v) of the Internal Revenue Code of 1986, as added by 
     section 2(a)).
       (2) Ability to terminate.--Any State which is a party to an 
     agreement under this section may, upon providing 30 days' 
     written notice to the Secretary, terminate such agreement.
       (b) Provisions of Federal-State Agreement.--
       (1) In general.--Any agreement under this section shall 
     provide that the State agency of the State will make payments 
     of short-time compensation under a plan approved by the 
     State. Such plan shall provide that payments are made in 
     accordance with the requirements under section 3306(v) of the 
     Internal Revenue Code of 1986, as added by section 2(a).
       (2) Limitations on plans.--
       (A) General payment limitations.--A short-time compensation 
     plan approved by a State shall not permit the payment of 
     short-time compensation to an individual by the State during 
     a benefit year in excess of 26 times the amount of regular 
     compensation (including dependents' allowances) under the 
     State law payable to such individual for a week of total 
     unemployment.
       (B) Employer limitations.--A short-time compensation plan 
     approved by a State shall not provide payments to an 
     individual if such individual is employed by an employer on a 
     seasonal, temporary, or intermittent basis.
       (3) Employer payment of costs.--Any short-time compensation 
     plan entered into by an employer must provide that the 
     employer will pay the State an amount equal to one-half of 
     the amount of short-time compensation paid under such plan. 
     Such amount shall be deposited in the State's unemployment 
     fund and shall not be used for purposes of calculating an 
     employer's contribution rate under section 3303(a)(1) of the 
     Internal Revenue Code of 1986.
       (c) Payments to States.--
       (1) In general.--There shall be paid to each State with an 
     agreement under this section an amount equal to--
       (A) one-half of the amount of short-time compensation paid 
     to individuals by the State pursuant to such agreement; and
       (B) any additional administrative expenses incurred by the 
     State by reason of such agreement (as determined by the 
     Secretary).
       (2) Terms of payments.--Payments made to a State under 
     paragraph (1) shall be payable by way of reimbursement in 
     such amounts as the Secretary estimates the State will be 
     entitled to receive under this section for each calendar 
     month, reduced or increased, as the case may be, by any 
     amount by which the Secretary finds that the Secretary's 
     estimates for any prior calendar month were greater or less 
     than the amounts which should have been paid to the State. 
     Such estimates may be made on the basis of such statistical, 
     sampling, or other method as may be agreed upon by the 
     Secretary and the State agency of the State involved.
       (3) Funding.--There are appropriated, out of moneys in the 
     Treasury not otherwise appropriated, such sums as may be 
     necessary for purposes of carrying out this section.
       (4) Certifications.--The Secretary shall from time to time 
     certify to the Secretary of the Treasury for payment to each 
     State the sums payable to such State under this section.
       (d) Applicability.--
       (1) In general.--An agreement entered into under this 
     section shall apply to weeks of unemployment--
       (A) beginning on or after the date on which such agreement 
     is entered into; and
       (B) ending on or before the date that is 2 years and 13 
     weeks after the date of the enactment of this Act.
       (2) Two-year funding limitation.--States may receive 
     payments under this section with respect to a total of not 
     more than 104 weeks.
       (e) Special Rule.--If a State has entered into an agreement 
     under this section and subsequently enacts a State law 
     providing for the payment of short-time compensation under a 
     short-time compensation program that meets the definition of 
     such a program under section 3306(v) of the Internal Revenue 
     Code of 1986, as added by section 2(a), the State--
       (1) shall not be eligible for payments under this section 
     for weeks of unemployment beginning after the effective date 
     of such State law; and
       (2) subject to paragraphs (1)(B) and (2) of section 3(b), 
     shall be eligible to receive payments under section 3 after 
     the effective date of such State law.
       (f) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (2) State; state agency; state law.--The terms ``State'', 
     ``State agency'', and ``State law'' have the meanings given 
     those terms in section 205 of the Federal-State Extended 
     Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

     SEC. 5. GRANTS FOR SHORT-TIME COMPENSATION PROGRAMS.

       (a) Grants.--
       (1) For implementation or improved administration.--The 
     Secretary shall award grants to States that enact short-time 
     compensation programs (as defined in subsection (i)(2)) for 
     the purpose of implementation or improved administration of 
     such programs.
       (2) For promotion and enrollment.--The Secretary shall 
     award grants to States that

[[Page 10396]]

     are eligible and submit plans for a grant under paragraph (1) 
     for such States to promote and enroll employers in short-time 
     compensation programs (as so defined).
       (3) Eligibility.--
       (A) In general.--The Secretary shall determine eligibility 
     criteria for the grants under paragraph (1) and (2).
       (B) Clarification.--A State administering a short-time 
     compensation program, including a program being administered 
     by a State that is participating in the transition under the 
     provisions of sections 2(a)(3) and 3(c), that does not meet 
     the definition of a short-time compensation program under 
     section 3306(v) of the Internal Revenue Code of 1986 (as 
     added by 2(a)), and a State with an agreement under section 
     4, shall not be eligible to receive a grant under this 
     section until such time as the State law of the State 
     provides for payments under a short-time compensation program 
     that meets such definition and such law.
       (b) Amount of Grants.--
       (1) In general.--The maximum amount available for making 
     grants to a State under paragraphs (1) and (2) shall be equal 
     to the amount obtained by multiplying $700,000,000 (less the 
     amount used by the Secretary under subsection (e)) by the 
     same ratio as would apply under subsection (a)(2)(B) of 
     section 903 of the Social Security Act (42 U.S.C. 1103) for 
     purposes of determining such State's share of any excess 
     amount (as described in subsection (a)(1) of such section) 
     that would have been subject to transfer to State accounts, 
     as of October 1, 2010, under the provisions of subsection (a) 
     of such section.
       (2) Amount available for different grants.--Of the maximum 
     incentive payment determined under paragraph (1) with respect 
     to a State--
       (A) one-third shall be available for a grant under 
     subsection (a)(1); and
       (B) two-thirds shall be available for a grant under 
     subsection (a)(2).
       (c) Grant Application and Disbursal.--
       (1) Application.--Any State seeking a grant under paragraph 
     (1) or (2) of subsection (a) shall submit an application to 
     the Secretary at such time, in such manner, and complete with 
     such information as the Secretary may require. In no case may 
     the Secretary award a grant under this section with respect 
     to an application that is submitted after December 31, 2014.
       (2) Notice.--The Secretary shall, within 30 days after 
     receiving a complete application, notify the State agency of 
     the State of the Secretary's findings with respect to the 
     requirements for a grant under paragraph (1) or (2) (or both) 
     of subsection (a).
       (3) Certification.--If the Secretary finds that the State 
     law provisions meet the requirements for a grant under 
     subsection (a), the Secretary shall thereupon make a 
     certification to that effect to the Secretary of the 
     Treasury, together with a certification as to the amount of 
     the grant payment to be transferred to the State account in 
     the Unemployment Trust Fund (as established in section 904(a) 
     of the Social Security Act (42 U.S.C. 1104(a))) pursuant to 
     that finding. The Secretary of the Treasury shall make the 
     appropriate transfer to the State account within 7 days after 
     receiving such certification.
       (4) Requirement.--No certification of compliance with the 
     requirements for a grant under paragraph (1) or (2) of 
     subsection (a) may be made with respect to any State whose--
       (A) State law is not otherwise eligible for certification 
     under section 303 of the Social Security Act (42 U.S.C. 503) 
     or approvable under section 3304 of the Internal Revenue Code 
     of 1986; or
       (B) short-time compensation program is subject to 
     discontinuation or is not scheduled to take effect within 12 
     months of the certification.
       (d) Use of Funds.--The amount of any grant awarded under 
     this section shall be used for the implementation of short-
     time compensation programs and the overall administration of 
     such programs and the promotion and enrollment efforts 
     associated with such programs, such as through--
       (1) the creation or support of rapid response teams to 
     advise employers about alternatives to layoffs;
       (2) the provision of education or assistance to employers 
     to enable them to assess the feasibility of participating in 
     short-time compensation programs; and
       (3) the development or enhancement of systems to automate--
       (A) the submission and approval of plans; and
       (B) the filing and approval of new and ongoing short-time 
     compensation claims.
       (e) Administration.--The Secretary is authorized to use 
     0.25 percent of the funds available under subsection (g) to 
     provide for outreach and to share best practices with respect 
     to this section and short-time compensation programs.
       (f) Recoupment.--The Secretary shall establish a process 
     under which the Secretary shall recoup the amount of any 
     grant awarded under paragraph (1) or (2) of subsection (a) if 
     the Secretary determines that, during the 5-year period 
     beginning on the first date that any such grant is awarded to 
     the State, the State--
       (1) terminated the State's short-time compensation program; 
     or
       (2) failed to meet appropriate requirements with respect to 
     such program (as established by the Secretary).
       (g) Funding.--There are appropriated, out of moneys in the 
     Treasury not otherwise appropriated, to the Secretary, 
     $700,000,000 to carry out this section, to remain available 
     without fiscal year limitation.
       (h) Reporting.--The Secretary may establish reporting 
     requirements for States receiving a grant under this section 
     in order to provide oversight of grant funds.
       (i) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (2) Short-time compensation program.--The term ``short-time 
     compensation program'' has the meaning given such term in 
     section 3306(v) of the Internal Revenue Code of 1986, as 
     added by section 2(a).
       (3) State; state agency; state law.--The terms ``State'', 
     ``State agency'' and ``State law'' have the meanings given 
     those terms in section 205 of the Federal-State Extended 
     Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

     SEC. 6. ASSISTANCE AND GUIDANCE IN IMPLEMENTING PROGRAMS.

       (a) In General.--In order to assist States in establishing, 
     qualifying, and implementing short-time compensation programs 
     (as defined in section 3306(v) of the Internal Revenue Code 
     of 1986, as added by section 2(a)), the Secretary of Labor 
     (in this section referred to as the ``Secretary'') shall--
       (1) develop model legislative language which may be used by 
     States in developing and enacting such programs and 
     periodically review and revise such model legislative 
     language;
       (2) provide technical assistance and guidance in 
     developing, enacting, and implementing such programs;
       (3) establish reporting requirements for States, including 
     reporting on--
       (A) the number of estimated averted layoffs;
       (B) the number of participating employers and workers; and
       (C) such other items as the Secretary of Labor determines 
     are appropriate.
       (b) Model Language and Guidance.--The model language and 
     guidance developed under subsection (a) shall allow 
     sufficient flexibility by States and participating employers 
     while ensuring accountability and program integrity.
       (c) Consultation.--In developing the model legislative 
     language and guidance under subsection (a), and in order to 
     meet the requirements of subsection (b), the Secretary shall 
     consult with employers, labor organizations, State workforce 
     agencies, and other program experts.''

     SEC. 7. REPORTS.

       (a) Initial Report.--
       (1) In general.--Not later than 4 years after the date of 
     the enactment of this Act, the Secretary of Labor shall 
     submit to Congress and to the President a report or reports 
     on the implementation of the provisions of this Act.
       (2) Requirements.--Any report under paragraph (1) shall 
     include the following:
       (A) A description of best practices by States and employers 
     in the administration, promotion, and use of short-time 
     compensation programs (as defined in section 3306(v) of the 
     Internal Revenue Code of 1986, as added by section 2(a)).
       (B) An analysis of the significant challenges to State 
     enactment and implementation of short-time compensation 
     programs.
       (C) A survey of employers in States that have not enacted a 
     short-time compensation program or entered into an agreement 
     with the Secretary on a short-time compensation plan to 
     determine the level of interest among such employers in 
     participating in short-time compensation programs.
       (D) Other matters related to the implementation of the 
     provisions of this Act as the Secretary of Labor determines 
     appropriate.
       (b) Subsequent Reports.--After the submission of the report 
     under subsection (a), the Secretary of Labor may submit such 
     additional reports on the implementation of short-time 
     compensation programs as the Secretary deems appropriate.
       (c) Funding.--There are appropriated, out of any moneys in 
     the Treasury not otherwise appropriated, to the Secretary of 
     Labor, $1,500,000 to carry out this section, to remain 
     available without fiscal year limitation.
                                 ______
                                 
      By Mr. INHOFE (for himself, Mr. Begich, Mr. Johanns, Mr. Boozman, 
        Ms. Snowe, Mr. Moran, Mr. Pryor, Ms. Collins, Mr. Crapo, Mr. 
        Thune, Mr. Cornyn, Ms. Murkowski, Mr. Alexander, Mr. Enzi, Mr. 
        Burr, Mr. Barrasso, Mr. Chambliss, Mr. Coats, Mr. Hoeven, Mr. 
        Isakson, Mr. Johnson of Wisconsin, Mr. Roberts, Mr. Blunt, Mr. 
        Coburn, Mr. Risch, and Mr. Wicker):
  S. 1335. A bill to amend title 49, United States Code, to provide 
rights for pilots, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. INHOFE. Mr. President, just a few minutes ago I did introduce and 
we

[[Page 10397]]

have a bill number that is S. 1335. It is the Pilot's Bill of Rights. 
It is very significant that we get this done today, and I will explain 
why.
  First of all, when Senator John Glenn from Ohio retired, that left me 
as the last active commercial pilot in the Senate. Consequently, I 
probably get more complaints than anybody else does about problems and 
abuses with the FAA.
  I have to say this: I was very complimentary yesterday to so many of 
the people. The vast majority of the inspectors, the controllers, and 
others at the FAA are so talented. In fact, the first thing I do when I 
go up to Oshkosh every year, the largest air show in the world, is I go 
up to where they are all gathered together and I compliment them on the 
fact that they are taking on the toughest job for a 6-day period in 
Oshkosh as a volunteer. So I love their virtues. However, we have to 
keep in mind that any bureaucracy can become abusive.
  So I have introduced the Pilot's Bill of Rights. The reason I am 
speaking right now is because we have 25 cosponsors at this time, which 
means 25 percent of the Senate has signed on as cosponsors.
  The way the rules work around here, any of the Members who might be 
listening right now--and I know the occupier of the Chair is very 
concerned about this and he is very active with me on this 
legislation--any staffers who are watching, they should advise their 
Members that they have until close of business today, probably 1 more 
hour, to put their names down as original cosponsors.
  Now, the bill simply does four things. First of all, it requires the 
FAA, for any enforcement action, to make sure the pilot is fully aware 
of what he is being accused of before any ultimatums are put forth. 
Consequently, that pilot is able to defend himself.
  The second thing is it clarifies what they call statutory deference. 
Right now, statutory deference relates to the National Transportation 
Safety Board. The NTSB is the only area of appeal, so that if a pilot 
is accused of something and he looks at it and thinks it is unfair, he 
would have to go to the NTSB. Yet because of deference, they merely 
rubberstamp in almost all cases what the FAA does. As an example, of 
the emergency determinations that were made last year, only one was 
actually granted and the rest of them were denied. This bill will 
allow, in terms of fairness, that if something is going on and they 
refuse to consider a case, there will be an appellate process where the 
pilot can go to the Federal District Court and be heard there.
  The third thing it does is it has to do with notice. That is notice 
to airmen. That is very significant. Those of us who are pilots know 
that when we go into a field, we check and see what the NOTAMs are, so 
that if there is any work on the runway, any problem there, any 
taxiways that are closed, they will give the pilot that information. 
However, the problem is it is the pilot's responsibility to do this and 
the FAA many times doesn't even post these NOTAMs. So what we are 
saying with our FARs, or our laws, is we are saying to a pilot, You 
have to be responsible to know what is going on at the airport, where 
you are going to be landing. Yet there is no place you can find out. So 
this requires that they revamp this system so that there is a central 
location. We specify that in the legislation, so that can be found.
  Then the fourth and final thing, there is another problem in terms of 
medical certification. Those of us who are pilots have to have medicals 
and we have to have a certification process. This has been a problem 
for a long period of time. I have had countless people call me and talk 
about the problems they are having with their medical certification. In 
fact, of all the requests for assistance to the Aircraft Owners and 
Pilots Association--they represent hundreds of thousands of pilots--of 
all the requests for assistance they receive each year, 28 percent are 
related to the FAA's medical certification process. So I would say this 
of this very simple legislation. Two sections actually change the 
statutes so that it offers protection to pilots, but the other two are 
working together to come up with a system where we can have a central 
location for NOTAMs as well as having a fair process for medical 
evaluations.
  I think it is very obvious that there are a lot of bureaucracies 
where one or two people can be bad. When I was in Tulsa, I can remember 
all it took was one or two bad cops and that gave a black eye to 
everybody else. I remember actually, when I was running--it is the 
whole reason I ran for office in the first place. When I was out in the 
private sector, I was doing things that I thought I was supposed to be 
doing, and I had one old building called the Wrightsman Oil Estate. I 
was going to take this old eyesore and make it into a building and 
preserve it as it was originally. Old, in my city of Tulsa, OK, in this 
case was maybe 1910 or 1912. We weren't even a State until 1907. This 
is something everybody wanted.
  I went to the city engineer and I said, I want to take this eyesore 
of a fire escape on the second floor and move it from the south to the 
north end. It is the same thing; it will service the same number of 
people, but it is an eyesore and this gets it out of the way. No one is 
against it. He said, You can't do that until this committee meets. So 
let's see. You have to have notice. That would be 3 more weeks before 
you can get notice. A month after that, you can get on the agenda. I 
said, Look, everyone is for it. He said, That is your problem, not 
mine. I said, I will run for mayor and fire you, and I did, and I fired 
him. This can happen in any bureaucracy.
  So the reason there is a sense of urgency is because we have already 
told all of the groups--the Experimental Aircraft Association, ALPA, 
all of these groups that represent these different organizations--that 
we are going to be getting this bill ready with all of our original 
cosponsors and then cosponsors so that when we arrive and when I arrive 
at the end of July, at Oshkosh, WI, I am going to do the same thing I 
did in 1994 that caused us to be able to pass the first product 
liability bill on aviation and aviation products that had the effect of 
changing us from a major importer of aviation products and of airplanes 
to a major exporter, just by changing that. It was an 18-year repose 
bill. I did that at Oshkosh with an audience of 200,000 people. These 
are single issue people. I can assure my colleagues that they will be 
just as interested in this bill.
  So I will be presenting this, and I am going to encourage Members of 
the Senate who want to get their name in today, they can be cosponsors, 
original cosponsors, as is the occupier of the chair at the present 
time, and myself, and 23 other Members of the Senate.
  One last reminder. This is S. 1335. This is the last chance. 
Colleagues have 1 more hour to be an original cosponsor. I hope my 
colleagues will join me in sponsoring this legislation.

                          ____________________