[Congressional Record (Bound Edition), Volume 157 (2011), Part 7]
[Senate]
[Pages 9706-9714]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. INOUYE (for himself, Mr. Blunt, Mr. Reid, and Mr. Akaka):
  S. 1244. A bill to provide for preferential duty treatment to certain 
apparel articles of the Philippines; to the Committee on Finance.
  Mr. INOUYE. Mr. President, I am pleased to introduce legislation 
today, cosponsored by my colleagues Senator Reid of Nevada, Senator 
Blunt of Missouri, and Senator Akaka of Hawaii, that will provide duty-
free treatment to U.S. imports of finished Philippine apparel in return 
for purchasing and using fabrics and yarns made in the United States. 
This bill will promptly create an incentivized export market for our 
shrinking textile industry, and create new jobs.
  The Philippine apparel industry estimates that U.S. fabric sales 
spurred by the SAVE Act could reach potentially hundreds of millions of 
dollars and translate into upwards of 2,000 additional jobs in the 
United States fabric mill sector. With almost 99 percent of the U.S. 
apparel market now served by imports, U.S. textile manufacturers are 
reliant on export markets for their survival.
  The SAVE Act is patterned after the Dominican Republic, Central 
America Free Trade Agreement, or CAFTA, which permits tariff-free 
import of apparel assembled in those countries in return for using 
cotton and manmade fiber fabrics still made in the United States. The 
SAVE Act will provide our textile companies with a new opportunity to 
export fabrics into the dynamic Asian market.
  The Philippine apparel manufacturing industry is well established and 
known for its quality needlework and high-end fashion. It has been 
supplying top American brands and U.S. retailers for decades. With the 
growth of China in apparel production and the end of the quota system, 
Philippine apparel exports to the United States have dropped by 50 
percent in the last five years. The Philippine apparel sector is in 
critical decline, with employment dropping by 75 percent since 2003.
  The Philippines has been, arguably, our closest and most steadfast 
friend in Southeast Asia. They were our protectorate and strategic 
partner from the Spanish-American War through World War II. 10,000 
American and Filipino servicemen died together in the infamous Bataan 
Death March after our forces were overwhelmed by the Japanese Army in 
1942. More than 100,000 Filipinos then volunteered to fight alongside 
the United States and under U.S. command.
  More recently, the United States and the Philippines have partnered 
in successful efforts to combat terrorists in and around their islands. 
Campaigns by the Armed Forces of the Philippines, trained in 
counterterrorism by U.S. troops, resulted in the deaths of the Abu 
Sayyaf leader and his deputy in 2006, as well as two other leaders in 
2010.
  Our close partnership deserves to be mutually rewarding on an 
economic level. The SAVE Act would represent the first trade initiative 
with the Philippines in nearly four decades. Unlike other countries in 
the region, the United States and the Philippines share a balanced 
trade relationship. The SAVE Act would continue to build on this 
positive trade relationship and strengthen our economic ties with the 
Philippines by helping each other reestablish competitive textile 
industries.
  The SAVE Act would also allow duty-free treatment for a limited range 
of apparel not using U.S. fabrics so Philippine manufacturers can offer 
a complementary product line to U.S. brands and retailers. This 
category of apparel, which includes certain lines of coats, dresses, 
skirts, blouses, and infants' wear, will not contain any components 
that could have been made in the United States. These lines of apparel 
also will not compete against imports from third countries using U.S. 
components.
  With the Republic of the Philippines as a partner, we can expect 
proper customs enforcement. We believe the enforcement provisions of 
the SAVE Act are more rigorous than any comparable bill. At our 
request, Customs and Border Patrol, CBP, conducted an informal 
technical review of the SAVE bill. With their recommendations included, 
CBP concluded that the SAVE Act can be administered and enforced. The 
Philippine Department of Trade and Industry then reviewed and agreed to 
all the enforcement provisions.
  This bill will provide our manufacturers with new export markets and 
provide mutual benefits to a longstanding and erstwhile friend in 
Southeast Asia. The Philippines, in my view, should never be relegated 
to secondary consideration even as our focus shifts from one priority 
to another.
  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. 1244

       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 ``Save Our Industries Act of 
     2011'' or the ``SAVE Act''.

     SEC. 2. FINDINGS; PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) The United States and the Republic of the Philippines 
     (in this Act referred to as the ``Philippines''), a former 
     colony, share deep historical and cultural ties. The 
     Philippines holds enduring political and security 
     significance to the United States. The 2 countries have 
     partnered very successfully in combating terrorism in 
     Southeast Asia.
       (2) The United States and the Philippines maintain a fair 
     trading relationship that should be expanded to the mutual 
     benefit of both countries. In 2010, United States exports

[[Page 9707]]

     to the Philippines were valued at $7,375,000,000, and United 
     States imports from the Philippines were valued at 
     $7,960,000,000.
       (3) United States textile exports to the Philippines were 
     valued at just over $48,000,000 in 2010, consisting mostly of 
     industrial, specialty, broadwoven, and nonwoven fabrics. The 
     potential for export growth in this area can sustain and 
     create thousands of jobs.
       (4) The Philippines' textile and apparel industries, like 
     that of their counterparts in the United States, share the 
     same challenges and risks stemming from the end of the 
     textile and apparel quota system and from the end of United 
     States safe-guards that continued to control apparel imports 
     from the People's Republic of China until January 1, 2009.
       (5) The United States apparel fabrics industry is heavily 
     dependent on sewing outside the United States, and, for the 
     first time, United States textile manufacturers would have a 
     program that utilizes sewing done in an Asian country. In 
     contrast, most sewing of United States fabric occurs in the 
     Western Hemisphere, with about two-thirds of United States 
     fabric exports presently going to countries that are parties 
     to the North American Free Trade Agreement and the Dominican 
     Republic-Central America-United States Free Trade Agreement. 
     Increased demand for United States fabric in Asia will 
     increase opportunities for the United States industry.
       (6) Apparel producers in the Western Hemisphere are 
     excellent at making basic garments such as T-shirts and 
     standard 5-pocket jeans. However, the needle capability does 
     not exist to make high fashion, more sophisticated garments 
     such as embroidered T-shirts and fashion jeans with 
     embellishments. Such apparel manufacturing is done almost 
     exclusively in Asia.
       (7) A program that provides preferential duty treatment for 
     certain apparel articles of the Philippines will provide a 
     strong incentive for Philippine apparel manufacturers to use 
     United States fabrics, which will open new opportunities for 
     the United States textile industry and increase opportunities 
     for United States yarn manufacturers. At the same time, the 
     United States would be provided a more diverse range of 
     sourcing opportunities.
       (b) Purposes.--The purposes of this Act are--
       (1) to encourage higher levels of trade in textiles and 
     apparel between the United States and the Philippines and 
     enhance the commercial well-being of their respective 
     industries in times of global economic hardship;
       (2) to enhance and broaden the economic, security, and 
     political ties between the United States and the Philippines;
       (3) to stimulate economic activity and development 
     throughout the Philippines, including regions such as Manila 
     and Mindanao; and
       (4) to provide a stepping stone to an eventual free trade 
     agreement between the United States and the Philippines, 
     either bilaterally or as part of a regional agreement.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Classification under the hts.--The term 
     ``classification under the HTS'' means, with respect to an 
     article, the 6-digit subheading or 10-digit statistical 
     reporting number under which the article is classified in the 
     HTS.
       (2) Dobby woven fabric.--The term ``dobby woven fabric'' 
     means fabric, other than jacquard fabric, woven with the use 
     of a dobby attachment that raises or lowers the warp threads 
     during the weaving process to create patterns including, 
     stripes, and checks and similar designs.
       (3) Entered.--The term ``entered'' means entered, or 
     withdrawn from warehouse for consumption, in the customs 
     territory of the United States.
       (4) HTS.--The term ``HTS'' means the Harmonized Tariff 
     Schedule of the United States.
       (5) Knit-to-shape.--An article is ``knit-to shape'' if 50 
     percent or more of the exterior surface area of the article 
     is formed by major parts that have been knitted or crocheted 
     directly to the shape used in the article, with no 
     consideration being given to patch pockets, appliques, or the 
     like. Minor cutting, trimming, or sewing of those major parts 
     shall not affect the determination of whether an article is 
     ``knit-to-shape''.
       (6) Wholly assembled.--An article is ``wholly assembled'' 
     in the Philippines or the United States if--
       (A) all components of the article pre-existed in 
     essentially the same condition as the components exist in the 
     finished article and the components were combined to form the 
     finished article in the Philippines or the United States; and
       (B) the article is comprised of at least 2 components.
       (7) Wholly formed.--A yarn is ``wholly formed in the United 
     States'' if all of the yarn forming and finishing operations, 
     starting with the extrusion of filaments, strips, film, or 
     sheet, and including slitting a film or sheet into strip, or 
     the spinning of all fibers into yarn, or both, and ending 
     with a finished yarn or plied yarn, takes place in the United 
     States.

     SEC. 4. TRADE BENEFITS.

       (a) Eligible Apparel Article.--For purposes of this 
     section, an eligible apparel article is any one of the 
     following:
       (1) Men's and boys' cotton shirts, T-shirts and tank tops 
     (other than underwear T-shirts and tank tops), pullovers, 
     sweatshirts, tops, and similar articles classifiable under 
     subheading 6105.10, 6105.90, 6109.10, 6110.20, 6110.90, 
     6112.11, or 6114.20 of the HTS.
       (2) Women's and girls' cotton shirts, blouses, T-shirts and 
     tank tops (other than underwear T-shirts and tank tops), 
     pullovers, sweatshirts, tops, and similar articles 
     classifiable under subheading 6106.10, 6106.90, 6109.10, 
     6110.20, 6110.90, 6112.11, 6114.20, or 6117.90 of the HTS.
       (3) Men's and boys' cotton trousers, breeches, and shorts 
     classifiable under subheading 6103.10, 6103.42, 6103.49, 
     6112.11, 6113.00, 6203.19, 6203.42, 6203.49, 6210.40, 
     6211.20, 6211.32 of the HTS.
       (4) Women's and girls' cotton trousers, breeches, and 
     shorts classifiable under subheading 6104.19, 6104.62, 
     6104.69, 6112.11, 6113.00, 6117.90, 6204.12, 6204.19, 
     6204.62, 6204.69, 6210.50, 6211.20, 6211.42, or 6217.90 of 
     the HTS.
       (5) Men's and boys' cotton underpants, briefs, underwear-
     type T-shirts and singlets, thermal undershirts, other 
     undershirts, and similar articles classifiable under 
     subheading 6107.11, 6109.10, 6207.11, or 6207.91 of the HTS.
       (6) Men's and boys' manmade fiber underpants, briefs, 
     underwear-type T-shirts and singlets, thermal undershirts, 
     other undershirts, and similar articles classifiable under 
     subheading 6107.12, 6109.90, 6207.19, or 6207.99 of the HTS.
       (7) Men's and boys' manmade fiber shirts, T-shirts and tank 
     tops (other than underwear T-shirts and tank tops), 
     pullovers, sweatshirts, tops, and similar articles 
     classifiable under subheading 6105.20, 6105.90, 6110.30, 
     6110.90, 6112.12, 6112.19, or 6114.30 of the HTS.
       (8) Women's and girls' manmade fiber shirts, blouses, T-
     shirts and tank tops (other than underwear T-shirts and tank 
     tops), pullovers, sweatshirts, tops, and similar articles 
     classifiable under subheading 6106.20, 6106.90, 6110.30, 
     6110.90, 6112.12, 6112.19, 6114.30, or 6117.90 of the HTS.
       (9) Men's and boys' manmade fiber trousers, breeches, and 
     shorts classifiable under subheading 6103.43, 6103.49, 
     6112.12, 6112.19, 6112.20, 6113.00, 6203.43, 6203.49, 
     6210.40, 6211.20, or 6211.33 of the HTS.
       (10) Women's and girls' manmade fiber trousers, breeches, 
     and shorts classifiable under subheading 6104.63, 6104.69, 
     6112.12, 6112.19, 6112.20, 6113.00, 6117.90, 6204.63, 
     6204.69, 6210.50, 6211.20, 6211.43, or 6217.90 of the HTS.
       (11) Men's and boys' manmade fiber shirts classifiable 
     under subheading 6205.30, 6205.90, or 6211.33 of the HTS.
       (12) Cotton brassieres and other body support garments 
     classifiable under subheading 6212.10, 6212.20, or 6212.30 of 
     the HTS.
       (13) Manmade fiber brassieres and other body support 
     garments classifiable under subheading 6212.10, 6212.20, or 
     6212.30 of the HTS.
       (14) Manmade fiber swimwear classifiable under subheading 
     6112.31, 6112.41, 6211.11, or 6211.12 of the HTS.
       (15) Cotton swimwear classifiable under subheading 6112.39, 
     6112.49, 6211.11, or 6211.12 of the HTS.
       (16) Men's and boys' manmade fiber coats, overcoats, 
     carcoats, capes, cloaks, anoraks (including ski-jackets), 
     windbreakers, padded sleeveless jackets with attachments for 
     sleeves, and similar articles classifiable under subheading 
     6101.30, 6101.90, 6112.12, 6112.19, 6112.20, or 6113.00 of 
     the HTS.
       (17) Women's and girls' manmade fiber coats, overcoats, 
     carcoats, capes, cloaks, anoraks (including ski-jackets), 
     windbreakers, padded sleeveless jackets with attachments for 
     sleeves, and similar articles classifiable under subheading 
     6102.30, 6102.90, 6104.33, 6104.39, 6112.12, 6112.19, 
     6112.20, 6113.00, or 6117.90 of the HTS.
       (18) Gloves, mittens, and mitts of manmade fibers 
     classifiable under subheading 6116.10, 6116.93, 6116.99, or 
     6216.00 of the HTS.
       (b) Duty-free Treatment for Certain Eligible Apparel 
     Articles.--
       (1) Duty-free treatment.--Subject to paragraphs (2) and 
     (3), an eligible apparel article shall enter the United 
     States free of duty if the article is wholly assembled in the 
     United States or the Philippines, or both, and if the 
     component determining the article's classification under the 
     HTS consists entirely of--
       (A) fabric cut in the United States or the Philippines, or 
     both, from fabric wholly formed in the United States from 
     yarns wholly formed in the United States;
       (B) components knit-to-shape in the United States from 
     yarns wholly formed in the United States; or
       (C) any combination of fabric or components knit-to-shape 
     described in subparagraphs (A) and (B).
       (2) Dyeing, printing, or finishing.--An apparel article 
     described in paragraph (1) shall be ineligible for duty-free 
     treatment under such paragraph if any component determining 
     the article's classification under the HTS comprises any 
     fabric, fabric component, or component knit-to-shape in the 
     United States that was dyed, printed, or finished at any 
     place other than in the United States.

[[Page 9708]]

       (3) Other processes.--An apparel article described in 
     paragraph (1) shall not be disqualified from eligibility for 
     duty-free treatment under such paragraph because it undergoes 
     stone-washing, enzyme-washing, acid-washing, permapressing, 
     oven baking, bleaching, garment-dyeing, screen printing, or 
     other similar processes in either the United States or the 
     Philippines.
       (c) Knit-to-shape Apparel Articles.--A knit-to-shape 
     apparel article shall enter the United States free of duty if 
     it is wholly assembled in the Philippines and if the 
     component determining the article's classification under the 
     HTS consists entirely of components knit-to-shape in the 
     Philippines from yarns wholly formed in the United States.
       (d) De Minimis Rules.--
       (1) In general.--An article that would otherwise be 
     ineligible for preferential treatment under this section 
     because the article contains fibers or yarns not wholly 
     formed in the United States or in the Philippines shall not 
     be ineligible for such treatment if the total weight of all 
     such fibers or yarns is not more than 10 percent of the total 
     weight of the article.
       (2) Elastomeric yarns.--Notwithstanding paragraph (1), an 
     article described in subsection (b) or (c) that contains 
     elastomeric yarns in the component of the article that 
     determines the article's classification under the HTS shall 
     be eligible for duty-free treatment under this section only 
     if such elastomeric yarns are wholly formed in the United 
     States or the Philippines.
       (3) Direct shipment.--Any apparel article described in 
     subsection (b) or (c) is an eligible article only if it is 
     imported directly into the United States from the 
     Philippines.
       (e) Single Transformation Rules.--Any of the following 
     apparel articles that are cut and wholly assembled, or knit-
     to-shape, in the Philippines from any combination of fabrics, 
     fabric components, components knit-to-shape, or yarns and are 
     imported directly into the United States from the Philippines 
     shall enter the United States free of duty, without regard to 
     the source of the fabric, fabric components, components knit-
     to-shape, or yarns from which the articles are made:
       (1) Except for brassieres classified in subheading 6212.10 
     of the HTS, any apparel article that is of a type listed in 
     chapter rule 3(a), 4(a), or 5(a) for chapter 62 of the HTS, 
     as such chapter rule is contained in paragraph 9 of section A 
     of the Annex to Proclamation 8213 of the President of 
     December 20, 2007, (as amended by Proclamation 8272 of June 
     30, 2008, or any subsequent proclamation by the President).
       (2) Any article not described in paragraph (1) that is any 
     of the following:
       (A) Baby garments, clothing accessories, and headwear 
     classifiable under subheading 6111.20, 6111.30, 6111.90, 
     6209.20, 6209.30, 6209.90, or 6505.90 of the HTS.
       (B) Women's and girls' cotton coats, over coats, carcoats, 
     capes, cloaks, anoraks (including ski-jackets), windbreakers, 
     padded sleeveless jackets with attachments for sleeves, and 
     similar articles classifiable under subheading 6102.20, 
     6102.90, 6104.19, 6104.32, 6104.39, 6112.11, 6113.00, 
     6117.90, 6202.12, 6202.19, 6202.92, 6202.99, 6204.12, 
     6204.19, 6204.32, 6204.39, 6210.30, 6210.50, 6211.20, 
     6211.42, or 6217.90 of the HTS.
       (C) Cotton dresses classifiable under subheading 6104.42, 
     6104.49, 6204.42, or 6204.49 of the HTS.
       (D) Manmade fiber dresses classifiable under subheading 
     6104.43, 6104.44, 6104.49, 6204.43, 6204.44, or 6204.49 of 
     the HTS.
       (E) Men's and boys' cotton shirts classifiable under 
     statistical reporting number 6205.20.1000, 6205.20.2021, 
     6205.20.2026, 6205.20.2031, 6205.20.2061, 6205.20.2076, 
     6205.90, or 6211.32 of the HTS.
       (F) Men's and boys' cotton shirts not containing dobby 
     woven fabric classifiable under statistical reporting number 
     6205.20.2003, 6205.20.2016, 6205.20.2051, 6205.20.2066 of the 
     HTS.
       (G) Manmade fiber pajamas and sleepwear classifiable under 
     subheading 6107.22, 6107.99, 6108.32, 6207.22, 6207.99, or 
     6208.22 of the HTS.
       (H) Women's and girls' wool coats, overcoats, carcoats, 
     capes, cloaks, anoraks (including ski-jackets), windbreakers, 
     padded sleeveless jackets with attachments for sleeves, and 
     similar articles classifiable under subheading 6102.10, 
     6102.30, 6102.90, 6104.31, 6104.33, 6104.39, 6117.90, 
     6202.11, 6202.13, 6202.19, 6202.91, 6202.93, 6202.99, 
     6204.31, 6204.33, 6204.39, 6211.20, 6211.41, or 6117.90 of 
     the HTS.
       (I) Women's and girls' wool trousers, breeches, and shorts 
     classifiable under subheading 6104.61, 6104.63, 6104.69, 
     6117.90, 6204.61, 6204.63, 6204.69, 6211.20, 6211.41, or 
     6217.90 of the HTS.
       (J) Women's and girls' cotton shirts and blouses 
     classifiable under subheading 6206.10, 6206.30, 6206.90, 
     6211.42, or 6217.90 of the HTS.
       (K) Women's and girls' manmade fiber shirts, blouses, 
     shirt-blouses, sleeveless tank styles, and similar upper body 
     garments classifiable under subheading 6206.10, 6206.40, 
     6206.90, 6211.43, or 6217.90 of the HTS.
       (L) Women's and girls' manmade fiber coats, jackets, 
     carcoats, capes, cloaks, anoraks (including ski-jackets), 
     windbreakers, padded sleeveless jackets with attachments for 
     sleeves, and similar articles classifiable under subheading 
     6202.13, 6202.19, 6202.93, 6202.99, 6204.33, 6204.39, 
     6210.30, 6210.50, 6211.20, 6211.43, or 6217.90 of the HTS.
       (M) Cotton skirts classifiable under subheading 6104.19, 
     6104.52, 6104.59, 6204.12, 6204.19, 6204.52, or 6204.59 of 
     the HTS.
       (N) Manmade fiber skirts classifiable under subheading 
     6104.53, 6104.59, 6204.53, or 6204.59 of the HTS.
       (O) Men's and boys' manmade fiber coats, overcoats, 
     carcoats, capes, cloaks, anoraks (including ski-jackets), 
     windbreakers, padded sleeveless jackets with attachments for 
     sleeves, and similar articles classifiable under subheading 
     6201.13, 6201.19, 6201.93, 6201.99, 6210.20, 6210.40, 
     6211.20, or 6211.33 of the HTS.
       (P) Women's and girls' manmade fiber slips, petticoats, 
     briefs, panties, and underwear classifiable under subheading 
     6108.11, 6108.22, 6108.92, 6109.90, 6208.11, or 6208.92 of 
     the HTS.
       (Q) Gloves, mittens, and mitts of cotton classifiable under 
     subheading 6116.10, 6116.92, 6116.99, or 6216.00 of the HTS.
       (R) Other men's or boys' garments classifiable under 
     statistical reporting number 6211.32.0081 of the HTS.
       (f) Review and Report.--
       (1) In general.--The Comptroller General of the United 
     States shall, not later than 3 years after the date of the 
     enactment of this Act, and every 3 years thereafter, review 
     the effectiveness of this section in supporting the use of 
     United States fabrics and make recommendations necessary to 
     improve or expand the provisions of this section to ensure 
     support for the use of United States fabrics.
       (2) Recommendations.--After the second review required 
     under paragraph (1), the Comptroller General shall make a 
     determination regarding whether this section is effective in 
     supporting the use of United States fabrics and recommend to 
     Congress whether or not this section should be renewed.
       (g) Enforcement.--Preferential treatment under this section 
     shall not be provided to textile and apparel articles that 
     are imported from the Philippines unless the President 
     certifies to Congress that the Philippines is meeting the 
     following conditions:
       (1) A valid original textile visa issued by the Philippines 
     is provided to U.S. Customs and Border Protection with 
     respect to any article for which preferential treatment is 
     claimed. The visa issued is in the standard 9-digit format 
     required under the Electronic Visa Information System (ELVIS) 
     and meets all reporting requirements of ELVIS.
       (2) The Philippines is implementing the Electronic Visa 
     Information System (ELVIS) to assist in the prevention of 
     transshipment of apparel articles and the use of counterfeit 
     documents relating to the importation of apparel articles 
     into the United States.
       (3) The Philippines is enforcing the Memorandum of 
     Understanding between the United States of America and the 
     Republic of the Philippines Concerning Cooperation in Trade 
     in Textile and Apparel Goods, signed on August 23, 2006.
       (4) The Philippines agrees to provide, on a timely basis at 
     the request of U.S. Customs and Border Protection, and 
     consistently with the manner in which the records are kept in 
     the Philippines, a report on exports from the Philippines of 
     apparel articles eligible for preferential treatment under 
     this section, and on imports into the Philippines of yarns, 
     fabrics, fabric components, or components knit-to-shape that 
     are wholly formed in the United States.
       (5) The Philippines agrees to cooperate fully with the 
     United States to address and take action necessary to prevent 
     circumvention as provided in Article 5 of the Agreement on 
     Textiles and Clothing referred to in section 101(d)(4) of the 
     Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)).
       (6) The Philippines agrees to require Philippines producers 
     and exporters of articles eligible for preferential treatment 
     under this section to maintain, for at least 5 years after 
     the date of export, complete records of the production and 
     the export of such articles, including records of yarns, 
     fabrics, fabric components, and components knit-to-shape and 
     used in the production of such articles.
       (7) The Philippines agrees to provide, on a timely basis, 
     at the request of U.S. Customs and Border Protection, 
     documentation establishing the country of origin of articles 
     eligible for preferential treatment under this section, as 
     used by that country in implementing an effective visa 
     system.
       (8) The Philippines is to establish, within 60 days after 
     the date of the President's certification under this 
     paragraph, procedures that allow the Office of Textiles and 
     Apparel of the Department of Commerce (OTEXA) to obtain 
     information when fabric wholly formed in the United States is 
     exported to the Philippines to allow for monitoring and 
     verification before the imports of apparel articles 
     containing the fabric for which preferential treatment is 
     sought under this section reach the United States. The 
     information provided upon export of the fabrics shall 
     include, among other things, the name of the importer of the 
     fabric in the Philippines, the 8-digit HTS subheading 
     covering the apparel articles to be made from the fabric, and 
     the quantity of the apparel articles to be made from the 
     fabric for importation into the United States.
       (9) The Philippines has enacted legislation or promulgated 
     regulations to allow for the

[[Page 9709]]

     seizure of merchandise physically transiting the territory of 
     the Philippines and that appears to be destined for the 
     United States in circumvention of the provisions of this Act.
       (h) Customs Procedures.--
       (1) In general.--
       (A) Penalties for exporters.--If the President determines, 
     based on sufficient evidence, that an exporter has engaged in 
     transshipments as defined in paragraph (2), then the 
     President shall deny for a period of 5 years all benefits 
     under this section to such exporter, any successor of such 
     exporter, and any other entity owned or operated by the 
     principal of the exporter.
       (B) Penalties for importers.--If the President determines, 
     based on sufficient evidence, that an importer has engaged in 
     transshipments as defined in paragraph (2), then the 
     President shall deny for a period of 5 years all benefits 
     under this section to such importer, any successor of such 
     importer, or any entity owned or operated by the principal of 
     the importer.
       (2) Definition of transhipment.--For purposes of paragraph 
     (1) and subsection (g), transshipment has occurred when 
     preferential treatment for an apparel article under this 
     section has been claimed on the basis of material false 
     information concerning the country of origin, manufacture, 
     processing, cutting, or assembly of the article or of any 
     fabric, fabric component, or component knit-to-shape from 
     which the apparel article was cut and assembled. For purposes 
     of this paragraph, false information is material if 
     disclosure of the true information would have meant that the 
     article is or was ineligible for preferential treatment under 
     this section.
       (i) Proclamation Authority.--The President shall issue a 
     proclamation to carry out this section not later than 60 days 
     after the date of the enactment of this Act. The President 
     shall consult with the Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives in preparing such proclamation.

     SEC. 5. EFFECTIVE DATE.

       This Act shall apply to articles entered, or withdrawn from 
     warehouse for consumption, on or after the 15th day after the 
     date on which the President issues the proclamation required 
     by section 4(i).

     SEC. 6. TERMINATION.

       (a) In General.--The preferential duty treatment provided 
     under this Act shall remain in effect for a period of 7 years 
     beginning on the effective date provided for in section 5.
       (b) GSP Eligibility.--The preferential duty treatment 
     provided under this Act shall terminate if and when the 
     Philippines becomes ineligible for designation as a 
     beneficiary developing country under title V of the Trade Act 
     of 1974 (19 U.S.C. 2461 et seq.).
                                 ______
                                 
      By Mr. BLUNT (for himself and Mr. Levin):
  S. 1245. A bill to provide for the establishment of the Special Envoy 
to Promote Religious Freedom of Religious Minorities in the Near East 
and South Central Asia; to the Committee on Foreign Relations.
  Mr. BLUNT. Mr. President, I am pleased to join my friend Senator Carl 
Levin in introducing this legislation to create a new U.S. Department 
of State special envoy for religious minorities in the Middle East.
  As we observe the political upheavals occurring throughout the 
region, we need to remember that this region is the birthplace of three 
of the world's major religions. I am particularly interested in 
ensuring that the shrinking minority of Christians in places like 
Egypt, Iraq, the West Bank, and Afghanistan receive adequate attention 
by our foreign emissaries.
  I expect this bill to encourage the State Department to redouble its 
efforts to call attention to all religious minorities and demonstrate 
to leaders in the region that the United States takes religious freedom 
seriously. I am hopeful that as change takes place in many of these 
countries, they will look to the United States as a model of religious 
tolerance and freedom.
  I thank my friends in the House of Representatives, Frank Wolf, Anna 
Eshoo, Joe Pitts, and many others, for their efforts on this bill's 
House companion, which was introduced earlier this year.
  I look forward to working with my colleagues on both sides of the 
Capitol and with the Administration to enact this important 
legislation.
  Mr. LEVIN. Mr. President, today Senator Blunt and I have introduced 
the Near East and South Central Asia Religious Freedom Act of 2011. The 
purpose of this legislation is to establish within the State Department 
a special envoy to promote freedom of worship for religious minorities 
in this important region of the world.
  It is a tragic fact that in many of the nations of the Near East and 
South Central Asia, this universal human right, the freedom to worship 
in keeping with one's conscience, is in doubt. I would point my 
colleagues to the State Department's most recent Report on 
International Religious Freedom, published late last year. The report 
concludes, among other things, that: in Iran, ``government respect for 
religious freedom in the country continued to deteriorate''; in Iraq, 
``violence conducted by terrorists, extremists, and criminal gangs 
restricted the free exercise of religion and posed a significant threat 
to the country's vulnerable religious minorities''; in Afghanistan, 
respect for the rights of religious minorities deteriorated; in 
Pakistan organized violence against religious minorities had increased; 
and in Tajikistan the government passed new laws restricting religious 
practice.
  The legislation we introduce today seeks to combat such abuses by 
placing a high-level official within the State Department to focus the 
Nation's diplomatic efforts on promoting freedom of worship. The 
special envoy would be tasked with promoting religious freedom within 
the Near East and South Central Asia; monitoring and combating 
intolerance and incitements to violence against religious minorities 
within the region; and working with the region's governments to address 
laws and practices that infringe on religious freedom.
  It is in the interest of the United States to promote freedom of 
worship and the rights of religious minorities around the world, and 
especially in nations where those freedoms are under threat. Such 
violence is a threat to regional stability in a part of the world where 
U.S. interests are great. Moreover, our support for these universal 
human values affirms the principles upon which our own Nation was 
founded.
  I thank my colleague from Missouri for joining with me in introducing 
this important legislation. I urge my colleagues to support our efforts 
to protect the lives and freedoms of religious minorities, and to 
promote the universal values upon which our Nation is built.
                                 ______
                                 
      By Mr. UDALL of Colorado (for himself, Mr. Risch, Mr. Tester, and 
        Mr. Bennet):
  S. 1249. A bill to amend the Pittman-Robertson Wildlife Restoration 
Act to facilitate the establishment of additional or expanded public 
target ranges in certain States; to the Committee on Environment and 
Public Works.
  Mr. UDALL of Colorado. Mr. President, today I am introducing the 
Target Practice and Marksmanship Training Support Act with the support 
of Senators Risch, Tester, and Bennet. I thank my colleagues for 
joining me in this bipartisan effort.
  This bill would provide funding flexibility to the states to help 
construct and maintain needed public shooting ranges, designated areas 
where people can sharpen their marksmanship skills and safely enjoy 
recreational shooting.
  For a variety of reasons, the number of places where people can 
safely engage in recreational shooting and target practicing has 
steadily dwindled. This includes areas on our public lands. In an 
effort to establish, maintain and promote safe and established areas 
for such activities, this legislation would allow States to allocate a 
greater proportion of their Federal wildlife funds for these purposes.
  Currently, states are allocated funds for a variety of wildlife 
purposes under the Pittman-Robertson Wildlife Restoration Act. This act 
established an excise tax on sporting equipment and ammunition that is 
used to fund many state activities, including wildlife restoration and 
hunter education and safety programs. Pittman-Robertson funds can also 
be used for the development and maintenance of shooting ranges. 
However, the Pittman-Robertson Wildlife Restoration Act contains 
certain restrictions on the use of Pittman-Robertson funds that limit 
their effectiveness for establishing and maintaining shooting ranges.
  The Target Practice and Marksmanship Training Support Act would amend 
the Pittman-Robertson Wildlife Restoration Act to adjust certain 
funding limitations so that States have

[[Page 9710]]

greater flexibility over the use of funds available for the creation 
and maintenance of shooting ranges.
  To be clear, the bill would not allocate any new funding to the 
construction of shooting ranges, it would not raise any fees or taxes, 
nor would it require states to apply their allocated Pittman-Robertson 
funds to shooting ranges. Instead, by reducing the amount of other 
funds states would have to raise and allowing states to ``bank'' 
Pittman-Robertson funds for 5 years for shooting ranges, the bill gives 
States greater flexibility to use their existing Pittman-Robertson 
funds as they think best. Also as a result of this bill, States will be 
able to extend their existing license fee revenue and other State-
generated funds on other important programs, such as wildlife habitat 
conservation.
  Hunting and recreational shooting are an integral part of the 
Colorado way of life, activities that also are appropriate where not 
prohibited on our public lands. This bill is designed to improve the 
quality of the recreational shooting experience by promoting safe, 
designated places to shoot. In addition to the improvements this bill 
contains, it is my hope that the public land management agencies will 
continue to work with the States, sportsmen and women, the recreational 
shooting interests, local communities, and others so that these 
opportunities are safe and available.
  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. 1249

       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 ``Target Practice and 
     Marksmanship Training Support Act''.

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the use of firearms and archery equipment for target 
     practice and marksmanship training activities on Federal land 
     is allowed, except to the extent specific portions of that 
     land have been closed to those activities;
       (2) in recent years preceding the date of enactment of this 
     Act, portions of Federal land have been closed to target 
     practice and marksmanship training for many reasons;
       (3) the availability of public target ranges on non-Federal 
     land has been declining for a variety of reasons, including 
     continued population growth and development near former 
     ranges;
       (4) providing opportunities for target practice and 
     marksmanship training at public target ranges on Federal and 
     non-Federal land can help--
       (A) to promote enjoyment of shooting, recreational, and 
     hunting activities; and
       (B) to ensure safe and convenient locations for those 
     activities;
       (5) Federal law in effect on the date of enactment of this 
     Act, including the Pittman-Robertson Wildlife Restoration Act 
     (16 U.S.C. 669 et seq.), provides Federal support for 
     construction and expansion of public target ranges by making 
     available to States amounts that may be used for 
     construction, operation, and maintenance of public target 
     ranges; and
       (6) it is in the public interest to provide increased 
     Federal support to facilitate the construction or expansion 
     of public target ranges.
       (b) Purpose.--The purpose of this Act is to facilitate the 
     construction and expansion of public target ranges, including 
     ranges on Federal land managed by the Forest Service and the 
     Bureau of Land Management.

     SEC. 3. DEFINITION OF PUBLIC TARGET RANGE.

       In this Act, the term ``public target range'' means a 
     specific location that--
       (1) is identified by a governmental agency for recreational 
     shooting;
       (2) is open to the public;
       (3) may be supervised; and
       (4) may accommodate archery or rifle, pistol, or shotgun 
     shooting.

     SEC. 4. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION 
                   ACT.

       (a) Definitions.--Section 2 of the Pittman-Robertson 
     Wildlife Restoration Act (16 U.S.C. 669a) is amended--
       (1) by redesignating paragraphs (2) through (8) as 
     paragraphs (3) through (9), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) the term `public target range' means a specific 
     location that--
       ``(A) is identified by a governmental agency for 
     recreational shooting;
       ``(B) is open to the public;
       ``(C) may be supervised; and
       ``(D) may accommodate archery or rifle, pistol, or shotgun 
     shooting;''.
       (b) Expenditures for Management of Wildlife Areas and 
     Resources.--Section 8(b) of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669g(b)) is amended--
       (1) by striking ``(b) Each State'' and inserting the 
     following:
       ``(b) Expenditures for Management of Wildlife Areas and 
     Resources.--
       ``(1) In general.--Except as provided in paragraph (2), 
     each State'';
       (2) in paragraph (1) (as so designated), by striking 
     ``construction, operation,'' and inserting ``operation'';
       (3) in the second sentence, by striking ``The non-Federal 
     share'' and inserting the following:
       ``(3) Non-federal share.--The non-Federal share'';
       (4) in the third sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(4) Regulations.--The Secretary''; and
       (5) by inserting after paragraph (1) (as designated by 
     paragraph (1) of this subsection) the following:
       ``(2) Exception.--Notwithstanding the limitation described 
     in paragraph (1), a State may pay up to 90 percent of the 
     cost of acquiring land for, expanding, or constructing a 
     public target range.''.
       (c) Firearm and Bow Hunter Education and Safety Program 
     Grants.--Section 10 of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669h-1) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(3) Allocation of additional amounts.--Of the amount 
     apportioned to a State for any fiscal year under section 
     4(b), the State may elect to allocate not more than 10 
     percent, to be combined with the amount apportioned to the 
     State under paragraph (1) for that fiscal year, for acquiring 
     land for, expanding, or constructing a public target 
     range.'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Cost Sharing.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Federal share of the cost of any activity carried out using a 
     grant under this section shall not exceed 75 percent of the 
     total cost of the activity.
       ``(2) Public target range construction or expansion.--The 
     Federal share of the cost of acquiring land for, expanding, 
     or constructing a public target range in a State on Federal 
     or non-Federal land pursuant to this section or section 8(b) 
     shall not exceed 90 percent of the cost of the activity.''; 
     and
       (3) in subsection (c)(1)--
       (A) by striking ``Amounts made'' and inserting the 
     following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     amounts made''; and
       (B) by adding at the end the following:
       ``(B) Exception.--Amounts provided for acquiring land for, 
     constructing, or expanding a public target range shall remain 
     available for expenditure and obligation during the 5-fiscal-
     year period beginning on October 1 of the first fiscal year 
     for which the amounts are made available.''.

     SEC. 5. LIMITS ON LIABILITY.

       (a) Discretionary Function.--For purposes of chapter 171 of 
     title 28, United States Code (commonly referred to as the 
     ``Federal Tort Claims Act''), any action by an agent or 
     employee of the United States to manage or allow the use of 
     Federal land for purposes of target practice or marksmanship 
     training by a member of the public shall be considered to be 
     the exercise or performance of a discretionary function.
       (b) Civil Action or Claims.--Except to the extent provided 
     in chapter 171 of title 28, United States Code, the United 
     States shall not be subject to any civil action or claim for 
     money damages for any injury to or loss of property, personal 
     injury, or death caused by an activity occurring at a public 
     target range that is--
       (1) funded in whole or in part by the Federal Government 
     pursuant to the Pittman-Robertson Wildlife Restoration Act 
     (16 U.S.C. 669 et seq.); or
       (2) located on Federal land.

     SEC. 6. SENSE OF CONGRESS REGARDING COOPERATION.

       It is the sense of Congress that, consistent with 
     applicable laws and regulations, the Chief of the Forest 
     Service and the Director of the Bureau of Land Management 
     should cooperate with State and local authorities and other 
     entities to carry out waste removal and other activities on 
     any Federal land used as a public target range to encourage 
     continued use of that land for target practice or 
     marksmanship training.
                                 ______
                                 
      By Mr. BINGAMAN (for himself and Mrs. Hutchison):
  S. 1257. A bill establish grant programs to improve the health of 
border area residents and for all hazards preparedness in the border 
area including bioterrorism and infectious disease, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Mr. BINGAMAN. Mr. President, I rise today to introduce the Border 
Health Security Act of 2011.
  This legislation is designed to make several important changes to 
current

[[Page 9711]]

law to address pressing public health challenges along the U.S.-Mexico 
border.
  In 1993, along with Senators Hutchison and McCain, I introduced the 
original United States-Mexico Border Health Commission Act. With the 
support of Members from both chambers, and from both parties, we passed 
this landmark legislation, which was signed into law in 1994 by 
President Clinton. I was gratified when the bi-national agreement to 
establish the Commission was signed in 2000. And, I have monitored with 
interest the important work of the U.S.-Mexico Border Health Commission 
in the years since.
  As the Commission enters its second decade, the problems it seeks to 
deal with are no less pressing than those we originally set out to 
tackle with the Border Health Commission Act.
  Health disparities and chronic diseases for the over 14 million 
people who live in the border region, comprised of two sovereign 
nations, 25 Native American tribes, and four states in the United 
States and six states in Mexico, remain at unacceptable levels, far 
outpacing rates in most of the United States. Far too many border 
residents remain uninsured. Texas and New Mexico, for instance, rank 
first and fifth, respectively, in the percentage of residents who are 
uninsured. Many who live in the region still do not have access to 
adequate primary, preventive, and specialty care. If the border region 
were considered a state, it would rank at or near the bottom on many 
key health indicators, such as rates of tuberculosis, hepatitis, 
diabetes, and access to health professionals. Compounding all these 
problems are high rates of poverty; three of the ten poorest counties 
in the United States are located in the border area.
  In addition, communicable diseases that can easily travel across 
borders, such as tuberculosis and H1N1, strain our border's public 
health systems. Amplifying our public health surveillance efforts at 
our border can help mitigate the impact of such diseases, as well as 
other bio-security threats, in the rest of the nation.
  I believe, just as I did when I introduced the original legislation, 
that the public health problems the border region faces are truly bi-
national in nature. As such, they demand a truly bi-national public 
health architecture. Over the last 11 years, the U.S.-Mexico Border 
Health Commission has provided this structure as it worked to address 
these issues. It has had a number of successes, including notable 
conferences and reports on infectious disease surveillance, childhood 
obesity, and tuberculosis, developed jointly by both its U.S. and 
Mexican members. Its programs were particularly helpful as we 
coordinated our response to the H1N1 pandemic in 2009.
  Still, the public health challenges in the border remain great. As 
the Commission enters into its second decade, this bipartisan 
legislation will strengthen the capacity of the Commission and 
authorize appropriate federal resources for its important work.
  The legislation does this in several ways. First, through a new grant 
program, it authorizes additional funding to improve the 
infrastructure, access, and the delivery of health care services along 
the entire U.S.-Mexico border.
  These grants would be flexible and allow the individual communities 
to establish their own priorities with which to spend these funds for 
the following range of purposes: maternal and child health, primary 
care and preventative health, public health and public health 
infrastructure, health promotion, oral health, behavioral and mental 
health, substance abuse, health conditions that have a high prevalence 
in the border region, medical and health services research, community 
health workers or promotoras, health care infrastructure, including 
planning and construction grants, health disparities, environmental 
health, health education, and research.
  Second, it authorizes new, funding for the successful Early Warning 
Infectious Disease Surveillance, EWIDS, program in the U.S.-Mexico 
border region. EWIDS is designed to bolster preparedness for 
bioterrorism and infectious disease. The legislation also establishes a 
health alert network to identify and communicate information quickly to 
health providers about emerging health care threats. It requires the 
Department of Health and Human Services and the Department of Homeland 
Security to coordinate this system.
  Third, it strengthens the capacity of the U.S.-Mexico Border Health 
Commission by undertaking several key organizational reforms.
  Finally, the legislation encourages more coordination, 
recommendations, and study of these complex border health challenges. 
The bill affirms the need for integrated efforts across national, 
federal, state and local agencies to properly address border health 
issues. It specifies that recommendations and advice on how to improve 
border health will be communicated to Congress. Further, the 
legislation authorizes two key studies conducted by the Institute of 
Medicine: the first on bi-national health infrastructure and a second 
on health insurance coverage for border residents. A total of $31 
million is authorized to carry out the act.
  Without the changes and resources this legislation envisions, border 
residents will continue to lag behind the United States in many key 
indicators of good public health. Without this bill, both of our 
countries will be less prepared when the next bi-national health 
security threat hits.
  I would like to thank Senator Hutchison, who was an original 
cosponsor of the U.S.-Mexico Border Health Commission legislation, 
Public Law 103-400, that we passed in 1994 and is the lead cosponsor of 
this legislation today. She has also been the lead Senator in getting 
funding for the U.S.- Mexico Border Health Commission since its 
inception.
  I urge the adoption of this bipartisan legislation by this Congress.
  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. 1257

       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 ``Border Health Security Act 
     of 2011''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The United States-Mexico border is an interdependent 
     and dynamic region of 14,538,209 people with significant and 
     unique public health challenges.
       (2) These challenges include low rates of health insurance 
     coverage, poor access to health care services, and high rates 
     of dangerous diseases, such as tuberculosis, diabetes, and 
     obesity.
       (3) As the 2009 novel influenza A (H1N1) outbreak 
     illustrates, diseases do not respect international 
     boundaries, therefore, a strong public health effort at and 
     along the U.S.-Mexico border is crucial to not only protect 
     and improve the health of Americans but also to help secure 
     the country against biosecurity threats.
       (4) For 11 years, the United States-Mexico Border Health 
     Commission has served as a crucial bi-national institution to 
     address these unique and truly cross-border health issues.
       (5) Two initiatives resulting from the United States-Mexico 
     Border Health Commission's work speak to the importance of an 
     infrastructure that facilitates cross border communication at 
     the ground level. First, the Early Warning Infectious Disease 
     Surveillance (EWIDS), started in 2004, surveys infectious 
     diseases passing among border States allowing for early 
     detection and intervention. Second, the Ventanillas de Salud 
     program, allows Mexican consulates, in collaboration with 
     United States nonprofit health organizations, to provide 
     information and education to Mexican citizens living and 
     working in the United States through a combination of Mexican 
     state funds and private grants. This program reaches an 
     estimated 1,500,000 people in the United States.
       (6) As the United States-Mexico Border Health Commission 
     enters its second decade, and as these issues grow in number 
     and complexity, the Commission requires additional resources 
     and modifications which will allow it to provide stronger 
     leadership to optimize health and quality of life along the 
     United States-Mexico border.

     SEC. 3. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT 
                   AMENDMENTS.

       The United States-Mexico Border Health Commission Act (22 
     U.S.C. 290n et seq.) is amended--
       (1) in section 3--

[[Page 9712]]

       (A) in paragraph (1), by striking ``and'' at the end;
       (B) in paragraph (2), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(3) to serve as an independent and objective body to both 
     recommend and implement initiatives that solve border health 
     issues'';
       (2) in section 5--
       (A) in subsection (b), by striking ``should be the leader'' 
     and inserting ``shall be the Chair''; and
       (B) by adding at the end the following:
       ``(d) Providing Advice and Recommendations to Congress.--A 
     member of the Commission may at any time provide advice or 
     recommendations to Congress concerning issues that are 
     considered by the Commission. Such advice or recommendations 
     may be provided whether or not a request for such is made by 
     a member of Congress and regardless of whether the member or 
     individual is authorized to provide such advice or 
     recommendations by the Commission or any other Federal 
     official.'';
       (3) by redesignating section 8 as section 13;
       (4) by striking section 7 and inserting the following:

     ``SEC. 7. BORDER HEALTH GRANTS.

       ``(a) Eligible Entity Defined.--In this section, the term 
     `eligible entity' means a State, public institution of higher 
     education, local government, Indian tribe, tribal 
     organization, urban Indian organization, nonprofit health 
     organization, trauma center, or community health center 
     receiving assistance under section 330 of the Public Health 
     Service Act (42 U.S.C. 254b), that is located in the border 
     area.
       ``(b) Authorization.--From amounts appropriated under 
     section 12, the Secretary, acting through the Commissioners, 
     shall award grants to eligible entities to address priorities 
     and recommendations outlined by the Commission's Strategic 
     and Operational Plans, as authorized under section 9, to 
     improve the health of border area residents.
       ``(c) Application.--An eligible entity that desires a grant 
     under subsection (b) shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(d) Use of Funds.--An eligible entity that receives a 
     grant under subsection (b) shall use the grant funds for--
       ``(1) programs relating to--
       ``(A) maternal and child health;
       ``(B) primary care and preventative health;
       ``(C) infectious disease testing and monitoring;
       ``(D) public health and public health infrastructure;
       ``(E) health promotion;
       ``(F) oral health;
       ``(G) behavioral and mental health;
       ``(H) substance abuse;
       ``(I) health conditions that have a high prevalence in the 
     border area;
       ``(J) medical and health services research;
       ``(K) workforce training and development;
       ``(L) community health workers or promotoras;
       ``(M) health care infrastructure problems in the border 
     area (including planning and construction grants);
       ``(N) health disparities in the border area;
       ``(O) environmental health;
       ``(P) health education;
       ``(Q) outreach and enrollment services with respect to 
     Federal programs (including programs authorized under titles 
     XIX and XXI of the Social Security Act (42 U.S.C. 1396 and 
     1397aa));
       ``(R) trauma care;
       ``(S) health research with an emphasis on infectious 
     disease;
       ``(T) epidemiology and health research;
       ``(U) cross-border health surveillance coordinated with 
     Mexican Health Authorities;
       ``(V) obesity, particularly childhood obesity;
       ``(W) crisis communication, domestic violence, substance 
     abuse, health literacy, and cancer; or
       ``(X) community-based participatory research on border 
     health issues; or
       ``(2) other programs determined appropriate by the 
     Secretary.
       ``(e) Supplement, Not Supplant.--Amounts provided to an 
     eligible entity awarded a grant under subsection (b) shall be 
     used to supplement and not supplant other funds available to 
     the eligible entity to carry out the activities described in 
     subsection (d).

     ``SEC. 8. GRANTS FOR EARLY WARNING INFECTIOUS DISEASE 
                   SURVEILLANCE (EWIDS) PROJECTS IN THE BORDER 
                   AREA.

       ``(a) Eligible Entity Defined.--In this section, the term 
     `eligible entity' means a State, local government, Indian 
     tribe, tribal organization, urban Indian organization, trauma 
     centers, regional trauma center coordinating entity, or 
     public health entity.
       ``(b) Authorization.--From funds appropriated under section 
     12, the Secretary shall award grants under the Early Warning 
     Infectious Disease Surveillance (EWIDS) project to eligible 
     entities for infectious disease surveillance activities in 
     the border area.
       ``(c) Application.--An eligible entity that desires 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.
       ``(d) Uses of Funds.--An eligible entity that receives a 
     grant under subsection (b) shall use the grant funds to, in 
     coordination with State and local all hazards programs--
       ``(1) develop and implement infectious disease surveillance 
     plans and readiness assessments and purchase items necessary 
     for such plans;
       ``(2) coordinate infectious disease surveillance planning 
     in the region with appropriate United States-based agencies 
     and organizations as well as appropriate authorities in 
     Mexico or Canada;
       ``(3) improve infrastructure, including surge capacity, 
     syndromic surveillance, laboratory capacity, and isolation/
     decontamination capacity;
       ``(4) create a health alert network, including risk 
     communication and information dissemination;
       ``(5) educate and train clinicians, epidemiologists, 
     laboratories, and emergency personnel;
       ``(6) implement electronic data systems to coordinate the 
     triage, transportation, and treatment of multi-casualty 
     incident victims;
       ``(7) provide infectious disease testing in the border 
     area; and
       ``(8) carry out such other activities identified by the 
     Secretary, the United States-Mexico Border Health Commission, 
     State and local public health offices, and border health 
     offices at the United States-Mexico or United States-Canada 
     borders.

     ``SEC. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS.

       ``(a) Strategic Plan.--
       ``(1) In general.--Not later than 5 years after the date of 
     enactment of this section, and every 5 years thereafter, the 
     Commission (including the participation of members of both 
     the United States and Mexican sections) shall prepare a 
     binational strategic plan to guide the operations of the 
     Commission and submit such plan to the Secretary and Congress 
     (and the Mexican legislature).
       ``(2) Requirements.--The binational strategic plan under 
     paragraph (1) shall include--
       ``(A) health-related priority areas determined most 
     important by the full membership of the Commission;
       ``(B) recommendations for goals, objectives, strategies and 
     actions designed to address such priority areas; and
       ``(C) a proposed evaluation framework with output and 
     outcome indicators appropriate to gauge progress toward 
     meeting the objectives and priorities of the Commission.
       ``(b) Work Plan.--Not later than January 1, 2012 and every 
     other January 1 thereafter, the Commission shall develop and 
     approve an operational work plan and budget based on the 
     strategic plan under subsection (a). At the end of each such 
     work plan cycle, the Government Accountability Office shall 
     conduct an evaluation of the activities conducted by the 
     Commission based on output and outcome indicators included in 
     the strategic plan. The evaluation shall include a request 
     for written evaluations from the commissioners about barriers 
     and facilitators to executing successfully the Commission 
     work plan.
       ``(c) Biannual Reporting.--The Commission shall issue a 
     biannual report to the Secretary which provides independent 
     policy recommendations related to border health issues. Not 
     later than 3 months following receipt of each such biannual 
     report, the Secretary shall provide the report and any 
     studies or other material produced independently by the 
     Commission to Congress.
       ``(d) Audits.--The Secretary shall annually prepare an 
     audited financial report to account for all appropriated 
     assets expended by the Commission to address both the 
     strategic and operational work plans for the year involved.
       ``(e) By-laws.--Not less than 6 months after the date of 
     enactment of this section, the Commission shall develop and 
     approve bylaws to provide fully for compliance with the 
     requirements of this section.
       ``(f) Transmittal to Congress.--The Commission shall submit 
     copies of the work plan and by-laws to Congress. The 
     Government Accountability Office shall submit a copy of the 
     evaluation to Congress.

     ``SEC. 10. BINATIONAL HEALTH INFRASTRUCTURE AND HEALTH 
                   INSURANCE.

       ``(a) In General.--The Secretary shall enter into a 
     contract with the Institute of Medicine for the conduct of a 
     study concerning binational health infrastructure (including 
     trauma and emergency care) and health insurance efforts. In 
     conducting such study, the Institute shall solicit input from 
     border health experts and health insurance issuers.
       ``(b) Report.--Not later than 1 year after the date on 
     which the Secretary enters into the contract under subsection 
     (a), the Institute of Medicine shall submit to the Secretary 
     and the appropriate committees of Congress a report 
     concerning the study conducted under such contract. Such 
     report shall include the recommendations of the Institute on 
     ways to establish, expand, or improve binational health 
     infrastructure and health insurance efforts.

     ``SEC. 11. COORDINATION.

       ``(a) In General.--To the extent practicable and 
     appropriate, plans, systems and activities to be funded (or 
     supported) under this Act for all hazard preparedness, and 
     general border health, should be coordinated

[[Page 9713]]

     with Federal, State, and local authorities in Mexico and the 
     United States.
       ``(b) Coordination of Health Services and Surveillance.--
     The Secretary may coordinate with the Secretary of Homeland 
     Security in establishing a health alert system that--
       ``(1) alerts clinicians and public health officials of 
     emerging disease clusters and syndromes along the border 
     area; and
       ``(2) is alerted to signs of health threats, disasters of 
     mass scale, or bioterrorism along the border area.

     ``SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     Act $31,000,000 for fiscal year 2012 and each succeeding year 
     subject to the availability of appropriations for such 
     purpose. Of the amount appropriated for each fiscal year, at 
     least $1,000,000 shall be made available to fund 
     operationally-feasible functions and activities with respect 
     to Mexico. The remaining funds shall be allocated for the 
     administration of United States activities under this Act, 
     border health activities under cooperative agreements with 
     the border health offices of the States of California, 
     Arizona, New Mexico, and Texas, the border health and EWIDS 
     grant programs, and the Institute of Medicine and Government 
     Accountability Office reports.''; and
       (5) in section 13 (as so redesignated)--
       (A) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (B) by inserting after paragraph (2), the following:
       ``(3) Indians; indian tribe; tribal organization; urban 
     indian organization.--The terms `Indian', `Indian tribe', 
     `tribal organization', and `urban Indian organization' have 
     the meanings given such terms in section 4 of the Indian 
     Health Care Improvement Act (25 U.S.C. 1603).''.
                                 ______
                                 
      By Mr. DURBIN (for himself and Mr. Boozman):
  S. 1259. A bill to amend the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 to prohibit the provision of 
peacekeeping operations assistance to governments of countries that 
recruit and use child soldiers; to the Committee on Foreign Relations.
  Mr. DURBIN. 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. 1259

       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 ``Trafficking Victims Enhanced 
     Protection Act of 2011''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) There are as many as 300,000 child soldiers in use by 
     state-run armies, paramilitaries, and guerilla groups in 
     roughly 21 countries around the world and in almost every 
     region of the world.
       (2) The 2010 Trafficking in Persons Report defines a child 
     soldier as any person under 18 years of age who directly 
     takes part in hostilities, has been compulsorily or 
     voluntarily recruited as a member of a government's armed 
     forces, or has been recruited or used in hostilities by armed 
     forces distinct from the armed forces of a state.
       (3) Children are used as soldiers, combatants, spies, 
     scouts, decoys, guards, cooks, human mine detectors, and even 
     sex slaves, robbing them of their childhood. Children are 
     forced to join such groups physically, economically, or 
     socially, or lured with promises of food, money, or security.
       (4) Exploitation of these children leaves them stigmatized 
     and traumatized. Children also suffer higher mortality, 
     disease, and injury rates in combat situations than adults, 
     putting their health and lives at risk.
       (5) The William Wilberforce Trafficking Victims Protection 
     Reauthorization Act of 2008 (Public Law 110-457) prohibits 
     the provision of International Military Education and 
     Training (IMET) and Foreign Military Funds (FMF) assistance 
     to countries found to use child soldiers.
       (6) The first report required under WTVPRA, published in 
     2010, identified 6 countries found to use child soldiers: 
     Burma, Somalia, the Democratic Republic of Congo (DRC), 
     Sudan, Yemen, and Chad.
       (7) On October 25, 2010, President Barack Obama exercised 
     his waiver authority for 4 of the 6 countries to include the 
     Democratic Republic of Congo (DRC), Sudan, Yemen, and Chad, 
     which allowed the United States Government to provide both 
     IMET and FMF funding to these countries.
       (8) United States peacekeeping funds that were not 
     restricted in the William Wilberforce Trafficking Victims 
     Protection Reauthorization Act of 2008 have been provided to 
     Somalia, despite the use of child soldiers in that country 
     and United States efforts to halt such practices.

     SEC. 3. PROHIBITION ON PROVISION OF PEACEKEEPING OPERATIONS 
                   ASSISTANCE TO CERTAIN GOVERNMENTS.

       Section 404(a) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (22 U.S.C. 
     2370c-1(a)) is amended by striking ``section 516 or 541 of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2321j or 
     2347)'' and inserting ``section 516, 541, or 551 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2321j, 2347, or 
     2348)''.
                                 ______
                                 
      By Mr. AKAKA:
  S. 1260. A bill to require financial literacy and economic education 
counseling for student borrowers, and for other purposes; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. AKAKA. 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. 1260

       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 ``College Literacy in Finance 
     and Economics Act of 2011'' or the ``College LIFE Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Student borrowing is widespread in higher education, 
     and more than $100,000,000,000 in Federal education loans are 
     originated each year. In 2008, 62 percent of recipients of a 
     baccalaureate degree graduated with student debt.
       (2) Forty-eight percent of students at 4-year public 
     institutions of higher education borrow money to pay for 
     college, as do 57 percent of students at 4-year private 
     institutions of higher education, and 96 percent of students 
     at for-profit institutions of higher education.
       (3) In 2008, 92 percent of Black students, 85 percent of 
     Hispanic students, 85 percent of American Indian/Alaska 
     Native students, 82 percent of multi-racial students, 80 
     percent of Native Hawaiian/Pacific Islander students, 77 
     percent of White students, and 68 percent of Asian students 
     received financial aid.
       (4) Students depart from institutions of higher education 
     with significant debt. In 2008, the average student loan debt 
     among graduates of institutions of higher education was 
     $23,186, and 1 in 10 recipients of a baccalaureate degree 
     graduated at least $40,000 in debt. In 2008, 57 percent of 
     recipients of a baccalaureate degree from a for-profit 
     institution of higher education owed more than $30,000, and 
     the median amount of debt was $32,700. Since 2003, the 
     average cumulative debt among students at institutions of 
     higher education has increased by 5.6 percent each year.
       (5) Students enrolled in for-profit institutions of higher 
     education account for 47 percent of all student loan 
     defaults, despite representing approximately 10 percent of 
     all students enrolled in institutions of higher education. 
     Since 2003, the national cohort default rate has increased 
     from 4.5 percent to 7 percent.
       (6) Students rely on access to credit. Fifty-six percent of 
     dependent students at institutions of higher education had a 
     credit card in their own name in 2004. The average credit 
     card balance among such students who were carrying a balance 
     on their cards was $2,000.
       (7) According to the National Foundation for Credit 
     Counseling, the majority of adults (56 percent of adults in 
     the United States, or 127,000,000 people) do not have a 
     budget or keep close track of expenses or spending.
       (8) According to a 2009 National Bankruptcy Research Center 
     study, consumers who received financial education through 
     pre-bankruptcy counseling had 27.5 percent fewer delinquent 
     accounts and remained current on their accounts for 29 
     percent longer.
       (9) According to the Financial Industry Regulatory 
     Authority Investor Education Foundation, less than one-third 
     of young adults (ages 18 to 29) set aside emergency savings 
     to weather unexpected financial challenges.
       (10) According to a Jump$tart Coalition for Personal 
     Financial Literacy survey, 62 percent of high school students 
     cannot pass a basic personal finance exam, and financial 
     literacy scores among future higher education students are 
     low.
       (11) According to research by the National Endowment for 
     Financial Education and the University of Arizona, schools 
     are the institutions that students trust most to help 
     increase their knowledge of personal finance.

     SEC. 3. FINANCIAL LITERACY COUNSELING.

       Section 485 of the Higher Education Act of 1965 (20 U.S.C. 
     1092) is amended by adding at the end the following:
       ``(n) Financial Literacy Counseling.--
       ``(1) In general.--Each eligible institution shall provide 
     financial literacy counseling to student borrowers in 
     accordance with the requirements of this subsection, 
     through--
       ``(A) financial aid offices;
       ``(B) an employee or group of employees designated under 
     subsection (c); or
       ``(C) a partnership with a nonprofit organization that has 
     substantial experience developing or administering financial 
     literacy and economic education curricula, which may include 
     an organization that has received

[[Page 9714]]

     grant funding under the Excellence in Economic Education Act 
     of 2001 (20 U.S.C. 7267 et seq.).
       ``(2) Entrance and exit counseling required.--
       ``(A) In general.--Financial literacy counseling, as 
     required under this subsection, shall be provided to student 
     borrowers on the following 2 occasions:
       ``(i) Entrance counseling.--Such counseling shall be 
     provided not later than 45 days after the first disbursement 
     of a borrower's first loan that is made, insured, or 
     guaranteed under part B, made under part D, or made under 
     part E. Financial literacy counseling on this occasion may be 
     provided in conjunction with the entrance counseling 
     described in subsection (l), if the financial literacy 
     counseling component is provided in accordance with the 
     requirements of subparagraph (C).
       ``(ii) Exit counseling.--Such financial literacy counseling 
     shall be provided, in addition to the financial literacy 
     counseling provided under clause (i), prior to the completion 
     of the course of study for which the borrower enrolled at the 
     institution or at the time of departure from such 
     institution, to each borrower of a loan that is made, 
     insured, or guaranteed under part B, made under part D, or 
     made under part E. Financial literacy counseling on this 
     occasion may be provided in conjunction with the exit 
     counseling described in subsection (b), if the financial 
     literacy counseling component is provided in accordance with 
     the requirements of subparagraph (C).
       ``(B) Exceptions.--The requirements of subparagraph (A) 
     shall not apply to borrowers of--
       ``(i) a loan made, insured, or guaranteed pursuant to 
     section 428C;
       ``(ii) a loan made, insured, or guaranteed on behalf of a 
     student pursuant to section 428B; or
       ``(iii) a loan made under part D that is a Federal Direct 
     Consolidation Loan or a Federal Direct PLUS loan made on 
     behalf of a student.
       ``(C) Minimum counseling requirements.--Such financial 
     literacy counseling shall include a total of not less than 4 
     hours of counseling on the occasion described in subparagraph 
     (A)(i), and an additional period of not less than 4 hours of 
     counseling on the occasion described in subparagraph (A)(ii). 
     A total of not more than 2 hours of counseling for each of 
     the occasions described in subparagraph (A) shall be provided 
     electronically.
       ``(D) Early departure.--Notwithstanding subparagraph (C), 
     if a borrower leaves an eligible institution without the 
     prior knowledge of such institution, the institution shall 
     attempt to provide the information required under this 
     subsection to the student in writing.
       ``(3) Information to be provided.--Financial literacy 
     counseling, as required under this subsection, shall include 
     information on the Financial Education Core Competencies as 
     determined by the Financial Literacy and Education Commission 
     established under title V of the Fair and Accurate Credit 
     Transactions Act of 2003 (20 U.S.C. 9701 et seq.).
       ``(4) Use of interactive programs.--The Secretary may 
     encourage institutions to carry out the requirements of this 
     subsection through the use of interactive programs that test 
     the borrower's understanding of the financial literacy 
     information provided through counseling under this 
     subsection, using simple and understandable language and 
     clear formatting.
       ``(5) Model financial literacy counseling curriculum.--Not 
     later than 1 year after the date of enactment of the College 
     Literacy in Finance and Economics Act of 2011, the Secretary 
     shall develop a curriculum in accordance with the 
     requirements of paragraph (3), which eligible institutions 
     may use to fulfill the requirements of this subsection. In 
     developing such curriculum, the Secretary may consult with 
     members of the Financial Literacy and Education Commission.'

                          ____________________