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  1. Mr. President, I move to pass this bill by unanimous consent. I yield
  2. Mr. President, I move to pass this bill by unanimous consent. I yield
  3. Mr. President, I move to pass this bill by unanimous consent. I yield
  4. Mr. President, I move to pass this bill by unanimous consent. I yield
  5. Mr. President, I move to pass this bill by unanimous consent. I yield
  6. As Brian J. Kuester,United States Attorney, Eastern District of Oklahoma Case: McGirt v State Position: For State Argument: Mister Chief Justice and may it please the court, The 1866 treaty between the United States and Native Americans was a landmark treaty then and is one today. However, I must argue that the arguments made by the McGirt team is a little outdated. You see, in 1953, Congress authorized states to exercise jurisdiction over offenses by or against Indians. Public Law 280 provided for broad state concurrent criminal jurisdiction on those states and reservations impacted by Public Law 280, both mandatory states and those states which opted to assume PL280 jurisdiction. A number of states, under PL280, was granted jurisdiction over all or some of the reservations within their borders. My Assistant Attorney General is passing you a copy of Public Law 280(a) as well as 25 U.S.C. 1321: Let's go a little further. In 2010, Congress passed, and President Obama signed, the Tribal Law and Order Act of 2010. Section 221(b) of this new and updated law permits an Indian tribe with Indian country subject to mandatory State criminal jurisdiction under Public Law 280 to request that the United States accept concurrent jurisdiction to prosecute violations of the General Crimes Act and the Major Crimes Act within that tribe's Indian country. What my Assistant Attorney General is handing you is a copy of the language of 18 U.S.C. 1162(d): Mister Chief Justice and other Justices of the court, we have new and updated laws that authorizes States to have criminal jurisdiction within Indian Country and with criminal, and civil, crimes committed by Indians within or without Indian country, and there is more legislation to come on this topic. I would like to mention one more thing in this matter. If the court rules in favor of McGirt, it will set a precedent that will hurt State's rights for decades to come, implying that Oklahoma would have no jurisdiction over Tulsa for major crimes. I ask the court to please vote in favor of the State for the future of State's rights is at hand and the laws passed by Congress in 1953 and 2010 grants States such rights over criminal jurisdiction in Indian country.
  7. IN THE SENATE OF THE UNITED STATESMr. MICHEALSON of TEXAS, for himself and others, with thanks to Mr. BROWNBACK of KANSAS, introduceA BILLBe it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, To ensure that women seeking an abortion are fully informed regarding the pain experienced by their unborn child. SECTION 1: SHORT TITLE. This Act may be cited as the 'Unborn Child Pain Awareness' Act. SEC. 2. FINDINGS. Congress makes the following findings: (1) At least 20 weeks after fertilization, an unborn child has the physical structures necessary to experience pain. (2) There is substantial evidence that by 20 weeks after fertilization, unborn children draw away from certain stimuli in a manner which in an infant or an adult would be interpreted as a response to pain. (3) Anesthesia is routinely administered to unborn children who have developed 20 weeks or more past fertilization who undergo prenatal surgery. (4) There is substantial evidence that the abortion methods most commonly used 20 weeks after fertilization cause substantial pain to an unborn child, whether by dismemberment, poisoning, penetrating or crushing the skull, or other methods. Examples of abortion methods used 20 weeks after fertilization include, but are not limited to the following: (A) The Dilation and Evacuation (D&E) method of abortion is commonly performed in the second trimester of pregnancy. In a dilation and evacuation abortion, the unborn child’s body parts are grasped at random with a long-toothed clamp. The fetal body parts are then torn off of the body and pulled out of the vaginal canal. The remaining body parts are grasped and pulled out until only the head remains. The head is then grasped and crushed in order to remove it from the vaginal canal. (B) Partial-Birth Abortion is an abortion in which the abortion practitioner delivers an unborn child’s body until only the head remains inside the womb, punctures the back of the child’s skull with a sharp instrument, and sucks the child’s brains out before completing the delivery of the dead infant. (5) Expert testimony confirms that by 20 weeks after fertilization an unborn child may experience substantial pain even if the woman herself has received local analgesic or general anesthesia. (6) Medical science is capable of reducing such pain through the administration of anesthesia or other pain-reducing drugs directly to the unborn child. (7) There is a valid Federal Government interest in reducing the number of events in which great pain is inflicted on sentient creatures. Examples of this are laws governing the use of laboratory animals and requiring pain-free methods of slaughtering livestock, which include, but are not limited to the following: (A) Section 2 of the Humane Slaughter Act (7 U.S.C. 1902) states, “No method of slaughter or handling in connection with slaughtering shall be deemed to comply with the public policy of the United States unless it is humane. Either of the following two methods of slaughtering and handling are hereby found to be humane: “(i) in the case of cattle, calves, horses, mules, sheep, swine, and other livestock, all animals are rendered insensible to pain by a single blow or gunshot or an electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut; or “(ii) by slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument and handling in connection with such slaughtering.”. (B) Section 13(a)(3) of the Animal Welfare Act (7 U.S.C. 2143(a)(3)) sets the standards and certification process for the humane handling, care, treatment, and transportation of animals. This includes having standards with respect to animals in research facilities that include requirements— “(i) for animal care, treatment, and practices in experimental procedures to ensure that animal pain and distress are minimized, including adequate veterinary care with the appropriate use of anesthetic, analgesic, tranquilizing drugs, or euthanasia; “(ii) that the principal investigator considers alternatives to any procedure likely to produce pain to or distress in an experimental animal; “(iii) in any practice which could cause pain to animals— “(I) that a doctor of veterinary medicine is consulted in the planning of such procedures; “(II) for the use of tranquilizers, analgesics, and anesthetics; “(III) for pre-surgical and post-surgical care by laboratory workers, in accordance with established veterinary medical and nursing procedures; “(IV) against the use of paralytics without anesthesia; and “(V) that the withholding of tranquilizers, anesthesia, analgesia, or euthanasia when scientifically necessary shall continue for only the necessary period of time;”. (C) Section 495 of the Public Health Service Act (42 U.S.C. 289d) directs the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to establish guidelines for research facilities as to the proper care and treatment of animals, including the appropriate use of tranquilizers, analgesics, and other drugs, except that such guidelines may not prescribe methods of research. Entities that conduct biomedical and behavioral research with National Institutes of Health funds must establish animal care committees which must conduct reviews at least semi-annually and report to the Director of such Institutes at least annually. If the Director determines that an entity has not been following the guidelines, the Director must give the entity an opportunity to take corrective action, and, if the entity does not, the Director must suspend or revoke the grant or contract involved. SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: TITLE XXIX—UNBORN CHILD PAIN AWARENESS "SEC. 2901. DEFINITIONS. “In this title: “(1) ABORTION.—The term ‘abortion’ means the intentional use or prescription of any instrument, medicine, drug, or any other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. “(2) ABORTION PROVIDER.—The term ‘abortion provider’ means any person legally qualified to perform an abortion under applicable Federal and State laws. “(3) PAIN-CAPABLE UNBORN CHILD.— “(A) IN GENERAL.—The term ‘pain-capable unborn child’ means an unborn child who has reached a probable stage of development of 20 weeks after fertilization. “(B) RULE OF CONSTRUCTION.—Nothing in subparagraph (A) shall be construed as a determination or finding by Congress that pain may not in fact be experienced by an unborn child at stages of development prior to 20 weeks after fertilization. “(4) PROBABLE AGE OF DEVELOPMENT.—The term ‘probable age of development’ means the duration of development after fertilization of the unborn child at the time an abortion is performed, as determined in the good faith judgment of the abortion provider on the basis of examination of the unborn child using ultrasound or other imaging technology, in addition to information obtained by interviewing the pregnant woman. “(5) UNBORN CHILD.—The term ‘unborn child’ means a member of the species homo sapiens, at any stage of development, who is carried in the womb. “(6) WOMAN.—The term ‘woman’ means a female human being who is capable of becoming pregnant, whether or not she has reached the age of majority. "SEC. 2902. REQUIREMENT OF INFORMED CONSENT. “(a) Requirement Of Compliance By Providers.—An abortion provider performing any abortion of a pain-capable unborn child, that is in or affecting interstate commerce, shall comply with the requirements of this title. “(b) Provision Of Consent.— “(1) IN GENERAL.—Before any part of an abortion involving a pain-capable unborn child begins, the abortion provider or his or her agent shall provide the pregnant woman involved, by telephone or in person, with the information described in paragraph (2). “(2) REQUIRED INFORMATION.— “(A) ORAL STATEMENT.— “(i) IN GENERAL.—An abortion provider or the provider’s agent to whom paragraph (1) applies shall make the following oral statement to the pregnant woman (or in the case of a deaf or non-English speaking woman, provide the statement in a manner that she can easily understand): ‘You are considering having an abortion of an unborn child who will have developed, at the time of the abortion, approximately __ weeks after fertilization. The Congress of the United States has determined that at this stage of development, an unborn child has the physical structures necessary to experience pain. There is substantial evidence that by this point, unborn children draw away from surgical instruments in a manner which in an infant or an adult would be interpreted as a response to pain. Congress finds that there is substantial evidence that the process of being killed in an abortion will cause the unborn child pain, even though you receive a pain-reducing drug or drugs. Under the Federal Unborn Child Pain Awareness Act of 2005, you have the option of choosing to have anesthesia or other pain-reducing drug or drugs administered directly to the pain-capable unborn child if you so desire. The purpose of administering such drug or drugs would be to reduce or eliminate the capacity of the unborn child to experience pain during the abortion procedure. In some cases, there may be some additional risk to you associated with administering such a drug.’. “(ii) DESCRIPTION OF RISKS.—After making the statement required under clause (i), the abortion provider may provide the woman involved with his or her best medical judgment on the risks of administering such anesthesia or analgesic, if any, and the costs associated therewith. “(iii) ADMINISTRATION OF ANESTHESIA.—If the abortion provider is not qualified or willing to administer the anesthesia or other pain-reducing drug in response to the request of a pregnant woman after making the statement required under clause (i), the provider shall— “(I) arrange for a qualified specialist to administer such anesthesia or drug; or “(II) advise the pregnant woman— “(aa) where she may obtain such anesthesia or other pain-reducing drugs for the unborn child in the course of an abortion; or “(bb) that the abortion provider is unable to perform the abortion if the woman elects to receive anesthesia or other pain-reducing drugs for her unborn child. “(iv) RULE OF CONSTRUCTION.—Nothing in this section may be construed to impede an abortion provider or the abortion provider’s agent from offering their own evaluation on the capacity of the unborn child to experience pain, the advisability of administering pain-reducing drugs to the unborn child, or any other matter, as long as such provider or agent provides the required information, obtains the woman’s signature on the decision form, and otherwise complies with the affirmative requirements of the law. “(B) UNBORN CHILD PAIN AWARENESS BROCHURE.—An abortion provider to whom paragraph (1) applies shall provide the pregnant woman with the Unborn Child Pain Awareness Brochure (referred to in this section as the ‘Brochure’) to be developed by the Department of Health and Human Services under subsection (c). “(C) UNBORN CHILD PAIN AWARENESS DECISION FORM.—An abortion provider to whom paragraph (1) applies shall provide the pregnant woman with the Unborn Child Pain Awareness Decision Form (provided for under subsection (c)) and obtain the appropriate signature of the woman on such form. “(c) Unborn Child Pain Awareness Brochure.— “(1) DEVELOPMENT.—Not later than 90 days after the date of enactment of this title, the Secretary shall develop an Unborn Child Pain Awareness Brochure. Such Brochure shall be written in English and Spanish and shall contain the same information as required under the statement under subsection (b)(2)(A)(i), including greater detail on her option of having a pain-reducing drug or drugs administered to the unborn child to reduce the experience of pain by the unborn child during the abortion. Such information shall be written in an objective and nonjudgmental manner and be printed in a typeface large enough to be clearly legible. The Brochure shall be made available by the Secretary at no cost to any abortion provider. “(2) INTERNET INFORMATION.—The Brochure under this section shall be available on the Internet website of the Department of Health and Human Services at a minimum resolution of 70 DPI (dots per inch). All pictures appearing on the website shall be a minimum of 200x300 pixels. All letters on the website shall be a minimum of 12 point font. All such information and pictures shall be accessible with an industry standard browser, requiring no additional plug-ins. “(3) PRESENTATION OF BROCHURE.—An abortion provider or his or her agent shall offer to provide a pregnant woman with the Brochure developed under paragraph (1) before any part of an abortion of a pain-capable child begins— “(A) through an in-person visit by the pregnant woman; “(B) through an e-mail attachment, from the abortion provider or his or her agent; or “(C) through a request to have such Brochure mailed, by certified mail, to the woman at least 72 hours before any part of the abortion begins. “(4) WAIVER.—After the abortion provider or his or her agent offers to provide a pregnant woman the Brochure, the pregnant woman may waive receipt of the Brochure under this subsection by signing the waiver form contained in the Unborn Child Pain Awareness Decision Form. “(5) UNBORN CHILD PAIN AWARENESS DECISION FORM.—Not later than 30 days after the date of enactment of this title, the Secretary shall develop an Unborn Child Pain Awareness Decision Form. To be valid, such Form shall— “(A) with respect to the pregnant woman— “(i) contain a statement that affirms that the woman has received or been offered all of the information required in subsection (b); “(ii) require the woman to explicitly either request or refuse the administration of pain-reducing drugs to the unborn child; “(iii) be signed by a pregnant woman prior to the performance of an abortion involving a pain-capable unborn child; and “(B) with respect to the abortion provider— “(i) contain a statement that the provider has provided the woman with all of the information required under subsection (b); “(ii) if applicable, contain a certification by the provider that an exception described in section 2903 applies and the detailed reasons for such certification; and “(iii) be signed by the provider prior to the performance of the abortion procedure. “(6) MAINTENANCE OF RECORDS.—The Secretary shall promulgate regulations relating to the period of time during which copies of Forms under paragraph (5) shall be maintained by abortion providers. "SEC. 2903. EXCEPTION FOR MEDICAL EMERGENCIES. “(a) In General.—The provisions of section 2902 shall not apply to an abortion provider in the case of a medical emergency. “(b) Medical Emergency Defined.— “(1) IN GENERAL.—In subsection (a), the term ‘medical emergency’ means a condition which, in the reasonable medical judgment of the abortion provider, so complicates the medical condition of the pregnant woman that a delay in commencing an abortion procedure would impose a serious risk of causing grave and irreversible physical health damage entailing substantial impairment of a major bodily function. “(2) REASONABLE MEDICAL JUDGMENT.—In paragraph (1), the term ‘reasonable medical judgment’ means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. “(c) Certification.— “(1) IN GENERAL.—Upon a determination by an abortion provider under subsection (a) that a medical emergency exists with respect to a pregnant woman, such provider shall certify the specific medical conditions that constitute the emergency. “(2) FALSE STATEMENTS.—An abortion provider who willfully falsifies a certification under paragraph (1) shall be subject to all the penalties provided for under section 2904 for failure to comply with this title. "SEC. 2904. PENALTIES FOR FAILURE TO COMPLY. “(a) In General.—An abortion provider who willfully fails to comply with the provisions of this title shall be subject to civil penalties in accordance with this section in an appropriate Federal court. “(b) Commencement Of Action.—The Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General or United States Attorney who has been specifically designated by the Attorney General may commence a civil action under this section. “(c) Certification Requirements.—At the time of the commencement of an action under this section, the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General or United States Attorney who has been specifically designated by the Attorney General to commence a civil action under this section, shall certify to the court involved that, at least 30 calendar days prior to the filing of such action, the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General or United States Attorney involved— “(1) has provided notice of the alleged violation of this section, in writing, to the Governor or Chief Executive Officer and Attorney General or Chief Legal Officer of the State or political subdivision involved, as well as to the State medical licensing board or other appropriate State agency; and “(2) believes that such an action by the United States is in the public interest and necessary to secure substantial justice. “(d) First Offense.—Upon a finding by a court that a respondent in an action commenced under this section has knowingly violated a provision of this title, the court shall notify the appropriate State medical licensing authority in order to effect the suspension of the respondent’s medical license in accordance with the regulations and procedures promulgated under section 2905, or shall assess a civil penalty against the respondent in an amount not to exceed $100,000, or both. “(e) Second Offense.—Upon a finding by a court that the respondent in an action commenced under this section has knowingly violated a provision of this title and the respondent has been found to have knowingly violated a provision of this title on a prior occasion, the court shall notify the appropriate State medical licensing authority in order to effect the revocation of the respondent’s medical license in accordance with the regulations and procedures promulgated under section 2905, or shall assess a civil penalty against the respondent in an amount not to exceed $250,000, or both. “(f) Hearing.—With respect to an action under this section, the appropriate State medical licensing authority shall be given notification of and an opportunity to be heard at a hearing to determine the penalty to be imposed under this section. “(g) Private Right Of Action.—A pregnant woman upon whom an abortion has been performed in violation of this title, or the parent or legal guardian of such a woman if she is an unemancipated minor, may commence a civil action against the abortion provider for any knowing or reckless violation of this title for actual and punitive damages. "SEC. 2905. REGULATIONS. “A State, and the medical licensing authority of the State, shall promulgate regulations and procedures for the revocation or suspension of the medical license of an abortion provider upon a finding by a court under section 2904 that the provider has violated a provision of this title. A State that fails to implement such procedures shall be subject to loss of funding under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). "SEC. 2906. PREEMPTION. “Nothing in this title shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect greater protections for unborn children from pain than the protections provided for under this title.”. SEC. 4. ENACTMENT. The provisions of this bill shall become law upon their Constitutional passage and this Act. SEC. 5: PLAIN ENGLISH SUMMARY. - Amends the Public Health Service Act to require an abortion provider, before beginning any abortion of a pain-capable unborn child (defined as an unborn child who has reached a probable stage of development of 20 weeks after fertilization), to: (1) make a specified statement to the pregnant woman that Congress has determined that there is substantial evidence that the process will cause the unborn child pain, and that the mother has the option of having pain-reducing drugs administered directly to the child; (2) provide to the woman an Unborn Child Pain Awareness Brochure (unless she waives receipt) and an Unborn Child Pain Awareness Decision Form; and (3) obtain on the form the woman's signature and her explicit request for or refusal of the administration of drugs to the child. - Creates an exception for certified medical emergencies. - Establishes penalties for willfully failing to comply with this Act, including civil penalties, medical license suspension, or both. Authorizes: (1) specified officials to bring suit in federal court; and (2) private rights of action by a parent or guardian of a woman who is an unemancipated minor. - Requires each state and state medical licensing authority to promulgate procedures for the revocation or suspension of a provider's license upon a court finding that the provider has violated this Act. Subjects a state that fails to implement such procedures to loss of Medicaid funding.
  8. Senator Michealson, with thanks to Mr. Udall, submits A BILL To further continued economic viability in the communities on the southern High Plains by promoting sustainable groundwater management of the southern Ogallala Aquifer. 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 "Southern High Plains Groundwater Resource Conservation Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) A reliable source of groundwater is an essential element of the economy of the communities on the High Plains. (2) The High Plains Aquifer and the Ogallala Aquifer are closely related hydrogeographic structures. The High Plains Aquifer consists largely of the Ogallala Aquifer with small components of other geologic units. (3) The High Plains Aquifer has experienced a dramatic decline in water table levels. The average weighted decline in the aquifer was 12.6 feet. (4) The decline in water table levels is especially pronounced in the Southern Ogallala Aquifer, reporting that large areas in the States of Kansas, New Mexico, and Texas experienced declines of over 100 feet. (5) The saturated thickness of the High Plains Aquifer has declined by over 50 percent in some areas. Furthermore, the survey has reported that the percentage of the High Plains Aquifer which has a saturated thickness of 100 feet or more declined from 54 percent to 51 percent. (6) The decreased water levels in the High Plains Aquifer coupled with higher pumping lift costs raise concerns about the long-term sustainability of irrigated agriculture in the High Plains. (7) Hydrological modeling by the United States Geological Survey indicates that in the context of sustained high groundwater use in the surrounding region, reductions in groundwater pumping at the single farm level or at a very local level of up to 100 square miles, have a very time limited impact on conserving the level of the local water table, thus creating a disincentive for individual water users to invest in water conservation measures. (8) Incentives must be created for conservation of groundwater on a regional scale, in order to achieve an agricultural economy on the Southern High Plains that is sustainable. (9) For water conservation incentives to function, Federal, State, tribal, and local water policymakers, and individual groundwater users must have access to reliable information concerning aquifer recharge rates, extraction rates, and water table levels at the local and regional levels on an ongoing basis. (b) Purposes.--To promote groundwater conservation on the Southern High Plains in order to extend the usable life of the Southern Ogallala Aquifer. SEC. 3. DEFINITIONS. For purposes of this Act: (1) High plains aquifer.--The term ``High Plains Aquifer'' means the groundwater reserve depicted as Figure 1 in the United States Geological Survey Professional Paper 1400-B, titled ``Geohydrology of the High Plains Aquifer in Parts of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming''. (2) High plains.--The term ``High Plains'' means the approximately 174,000 square miles of land surface overlying the High Plains Aquifer in the States of New Mexico, Colorado, Wyoming, South Dakota, Nebraska, Kansas, Oklahoma, and Texas. (3) Southern ogallala aquifer.--The term ``Southern Ogallala Aquifer'' means that part of the High Plains Aquifer lying below 39 degrees north latitude which underlies the States of New Mexico, Texas, and Oklahoma, Colorado, and Kansas. (4) Southern high plains.--The term ``Southern High Plains'' means the portions of the States of New Mexico, Texas, and Oklahoma, Colorado, and Kansas which overlie the Southern Ogallala Aquifer. (5) Secretary.--The term ``Secretary'' means either the Secretary of the Interior or the Secretary of Agriculture, as appropriate. (6) Water conservation measure.--The term ``water conservation measures'' means measures which enhance the groundwater recharge rate of a given piece of land, or which increase water use efficiencies. SEC. 4. HYDROLOGIC MAPPING, MODELING, AND MONITORING PROGRAM. (a) In General.--The Secretary of the Interior, working though the United States Geological Survey, shall develop a comprehensive hydrologic mapping, modeling, and monitoring program for the Southern Ogallala Aquifer. The program shall include on a county-by-county basis-- (1) a map of the hydrological configuration of the Aquifer; and (2) an analysis of-- (A) the current and past rate at which groundwater is being withdrawn and recharged, and the net rate of decrease or increase in aquifer storage; (B) the factors controlling the rate of horizontal migration of water within the Aquifer; (C) the degree to which aquifer compaction caused by pumping and recharge methods in impacting the storage and recharge capacity of the groundwater body; and (D) the current and past rate of loss of saturated thickness within the Aquifer. (b) Annual Report.--Not later than one year after the enactment of this Act, and annually thereafter, the Secretary shall submit a report on the status of the Southern Ogallala Aquifer to the Committee on Energy and Natural Resources of the Senate, the Committee on Resources of the House of Representatives, and the Governors of the States of New Mexico, Oklahoma, Texas, Colorado, and Kansas. SEC. 5. GROUNDWATER CONSERVATION ASSISTANCE. (a) Federal Assistance.--The Secretary of Agriculture, working through the Natural Resources Conservation Service, shall establish a groundwater conservation assistance program for Southern Ogallala Aquifer. (b) Design and Planning.--The Secretary shall provide financial and technical assistance, including modeling and engineering design to States, tribes, and counties, conservation districts, or other political subdivisions recognized under State law, for the development of comprehensive groundwater conservation plans within the Southern High Plains. This assistance shall be provided on a cost-share basis ensuring that-- (1) the Federal funding for the development of any given plan shall not exceed 50 percent of the cost; and (2) the Federal funding for groundwater water conservation planning for any one county, conservation district, or similar political subdivision recognized under State law shall not exceed $50,000. (c) Certification.--The Secretary shall create a certification process for comprehensive groundwater conservation plans developed under this program, or developed independently by States, tribes, counties, or other political subdivisions recognized under State law. To be certified, a plan must-- (1) cover a sufficient geographic area to provide a benefit to the groundwater resource over at least a 20 year period; (2) include a set of goals for water conservation; and (3) include a process for an annual evaluation of the plan's implementation to allow for modifications if goals are not being met. SEC. 6. IMPLEMENTATION ASSISTANCE. (a) In General.--Farming operations within jurisdictions which have a certified conservation plan in accordance with section 5(c) shall be eligible assistance for projects described in subsection (b). (b) Eligible Projects.--Projects eligible for assistance under subsection (a) are as follows: (1) Water conservation cost-share assistance.--The Secretary, working through the Natural Resources Conservation Service, may provide grants to individual farming operations of up to $50,000 for implementing on farm water conservation measures including the improvement of irrigation systems and the purchase of new equipment. The Federal share of the water conservation investment in any one operation be no greater than 50 percent. (2) Irrigated land reserve.--Through the 2040 calendar year, the Secretary shall formulate and carry out the enrollment of lands in a groundwater conservation reserve program through the use of multiple year contracts for irrigated lands which would result in significant per acre savings of groundwater resources if converted to dryland agriculture. (3) Conservation reserve program enhancement.--Lands eligible for the Conservation Reserve Program established under section 1231 of the Food Security Act of 1985 which would result in significant per acre savings of groundwater resources if removed from agricultural production shall be awarded 20 Conservation Reserve Program bid points, to be designated as groundwater conservation points, in addition to any other ratings the lands may receive. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) $5,000,000 annually through fiscal year 2040 for hydrologic mapping, modeling, and monitoring under this Act; (2) $5,000,000 annually through fiscal year 2040 for groundwater conservation planning, design, and plan certification under this Act; (3) $30,000,000 annually through fiscal year 2040 for cost-share assistance for on farm water conservation measures; and (4) $30,000,000 annually through fiscal year 2040 for enrollment of lands in an Irrigated Lands Reserve.
  9. Senator Michealson, with thanks to Ms. Miller, submit A BILL To authorize, enhance, and reform certain port security programs through increased efficiency and risk-based coordination within the Department of Homeland Security, and for other purposes. 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 “Securing Maritime Activities through Risk-based Targeting for Port Security Act” or the “SMART Port Security Act”. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is the following: Sec.1.Short title. Sec.2.Table of contents. Sec.3.Definitions. TITLE I—DEPARTMENT OF HOMELAND SECURITY PORT SECURITY PROGRAMS Sec.101.Updates of maritime operations coordination plan. Sec.102.U.S. Customs and Border Protection Office of Air and Marine Asset Deployment. Sec.103.Cost-benefit analysis of co-locating operational entities. Sec.104.Study of maritime security redundancies. Sec.105.Acquisition and strategic sourcing of marine and aviation assets. Sec.106.Port security grant program management. Sec.107.Port security grant funding for mandated security personnel. Sec.108.Interagency operational centers for port security. Sec.109.Report on DHS aviation assets. Sec.110.Small vessel threat analysis. Sec.111.U.S. Customs and Border Protection workforce plan. Sec.112.Integrated cross-border maritime operations between the United States and Canada. Sec.113.Training and certification of training for port security. Sec.114.Northern border unmanned aerial vehicle pilot project. Sec.115.Recognition of port security assessments conducted by other entities. Sec.116.Use of port security grant funds for replacement of security equipment or facilities. TITLE II—MARITIME SUPPLY CHAIN SECURITY Sec.201.Strategic plan to enhance the security of the international supply chain. Sec.202.Customs-Trade Partnership Against Terrorism. Sec.203.Recognition of other countries’ trusted shipper programs. Sec.204.Pilot program for inclusion of non-asset based third party logistics providers in the Customs-Trade Partnership Against Terrorism. Sec.205.Transportation Worker Identification Credential process reform. Sec.206.Expiration of certain transportation worker identification credentials. Sec.207.Securing the Transportation Worker Identification Credential against use by unauthorized aliens. Sec.208.Report on Federal transportation security credentialing programs. SEC. 3. DEFINITIONS. In this Act: (1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” has the meaning given such term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101). (2) DEPARTMENT.—The term “Department” means the Department of Homeland Security. (3) FUNCTION.—The term “function” includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities. (4) LOCAL GOVERNMENT.—The term “local government” means— (A) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government; (B) an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation; and (C) a rural community, unincorporated town or village, or other public entity. (5) PERSONNEL.—The term “personnel” means officers and employees. (6) SECRETARY.—The term “Secretary” means the Secretary of Homeland Security. (7) STATE.—The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States. (8) TERRORISM.—The term “terrorism” has the meaning given such term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101). (9) UNITED STATES.—The term “United States”, when used in a geographic sense, means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any possession of the United States, and any waters within the jurisdiction of the United States. TITLE I—DEPARTMENT OF HOMELAND SECURITY PORT SECURITY PROGRAMS SEC. 101. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN. (a) In General.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a maritime operations coordination plan for the coordination and cooperation of maritime operations undertaken by the agencies within the Department. Such plan shall update the maritime operations coordination plan released by the Department in July 2011, and shall address the following: (1) Coordination of planning, integration of maritime operations, and development of joint situational awareness of any office or agency of the Department with responsibility for maritime homeland security missions. (2) Maintaining effective information sharing and, as appropriate, intelligence integration, with Federal, State, and local officials and the private sector, regarding threats to maritime security. (3) Leveraging existing departmental coordination mechanisms, including the Interagency Operational Centers, as authorized under section 70107A of title 46, United States Code, the U.S. Customs and Border Protection Air and Marine Operations Center, the U.S. Customs and Border Protection Operational Integration Center, and other regional maritime operational command centers. (4) Cooperation and coordination with other agencies of the Federal Government, and State and local agencies, in the maritime environment, in support of maritime homeland security missions. (5) Work conducted within the context of other national and Department maritime security strategic guidance. (b) Additional Updates.—Not later than two years after the date of the enactment of this Act, the Secretary, acting through the Department’s Office of Operations Coordination and Planning, shall submit to the appropriate congressional committees an additional update to the maritime operations coordination plan. SEC. 102. U.S. CUSTOMS AND BORDER PROTECTION OFFICE OF AIR AND MARINE ASSET DEPLOYMENT. (a) In General.—Any new asset deployment by the U.S. Customs and Border Protection’s Office of Air and Marine, following the date of the enactment of this Act, shall, to the greatest extent practicable, occur in accordance with a risk-based assessment that considers mission needs, performance results, threats, costs, and any other relevant factors identified by the Secretary. Specific factors to be included in such assessment shall include, at a minimum, the following: (1) Mission requirements that prioritize the operational needs of field commanders to secure the United States border and ports. (2) Other Department assets available to help address any unmet border and port security mission needs. (3) Risk analysis showing positioning of the asset at issue to respond to intelligence on emerging terrorist and other threats. (4) Cost-benefit analysis showing the relative ability to use the asset at issue in the most cost-effective way to reduce risk and achieve mission success. (b) Considerations.—An assessment required under subsection (a) shall consider applicable Federal guidance, standards, and agency strategic and performance plans, including the following: (1) The most recent Departmental Quadrennial Homeland Security Review, and any follow-up guidance related to such Review. (2) The Department’s Annual Performance Plans. (3) Department policy guiding use of integrated risk management in resource allocation decisions. (4) Department and U.S. Customs and Border Protection Strategic Plans and Resource Deployment Plans. (5) Applicable aviation guidance from the Department, including the DHS Aviation Concept of Operations. (6) Other strategic and acquisition guidance promulgated by the Federal Government as the Secretary determines appropriate. (c) Audit And Report.—The Inspector General of the Department shall biennially audit the deployment of new assets within U.S. Customs and Border Protection’s Office of Air and Marine and submit to the appropriate congressional committees a report on the compliance of the Department with the requirements of this section. SEC. 103. COST-BENEFIT ANALYSIS OF CO-LOCATING OPERATIONAL ENTITIES. (a) In General.—For all locations in which U.S. Customs and Border Protection’s Office of Air and Marine operates that are within 25 miles of locations where any other Department agency also operates air and marine assets, the Secretary shall conduct a cost-benefit analysis to consider the potential cost of and savings derived from co-locating aviation and maritime operational assets of the different agencies of the Department. In analyzing the potential cost savings achieved by sharing aviation and maritime facilities, the study shall consider at a minimum the following factors: (1) Potential enhanced cooperation derived from Department personnel being co-located. (2) Potential cost of, and savings derived through, shared maintenance and logistics facilities and activities. (3) Joint use of base and facility infrastructure, such as runways, hangars, control towers, operations centers, piers and docks, boathouses, and fuel depots. (4) Short term moving costs required in order to co-locate facilities. (5) Acquisition and infrastructure costs for enlarging current facilities as needed. (b) Report.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report summarizing the results of the cost-benefit analysis required under subsection (a) and any planned actions based upon such results. SEC. 104. STUDY OF MARITIME SECURITY REDUNDANCIES. The Comptroller General of the United States shall by not later than 1 year after the date of enactment of this Act— (1) conduct a review of port security and maritime law enforcement operations within the Department to identify initiatives and programs with duplicative, overlapping, or redundant goals and activities, including the cost of such duplication; and (2) submit to the appropriate congressional committees a report on the findings of the study, including— (A) recommendations for consolidation, elimination, or increased cooperation to reduce unnecessary duplication found in the study; and (B) an analysis of personnel, maintenance, and operational costs related to unnecessarily duplicative, overlapping, or redundant goals and activities found in the study. SEC. 105. ACQUISITION AND STRATEGIC SOURCING OF MARINE AND AVIATION ASSETS. (a) In General.—Before initiating the acquisition of any new boat or aviation asset, the Secretary shall coordinate across the agencies of the Department, as appropriate, to— (1) identify common mission requirements before initiating a new acquisition program; and (2) standardize, to the extent practicable, equipment purchases, streamline the acquisition process, and conduct best practices for strategic sourcing to improve control, reduce cost, and facilitate oversight of asset purchases prior to issuing a Request for Proposal. (b) Establishment Of Aviation And Maritime Coordination Mechanism.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a coordinating mechanism for aviation and maritime issues, including issues related to the acquisition, administration, operations, maintenance, and joint management across the Department, in order to decrease procurement and operational costs and increase efficiencies. (c) Special Rule.—For the purposes of this section, a boat shall be considered any vessel less than 65 feet in length. SEC. 106. PORT SECURITY GRANT PROGRAM MANAGEMENT. (a) Determination Of Applications.—Section 70107(g) of title 46, United States Code, is amended— (1) by striking “Any entity” and inserting the following: “(1) IN GENERAL.—Any entity”; and (2) by adding at the end the following: “(2) DETERMINATION.—Notwithstanding any other provision of law, the Secretary shall, not later than 60 days after the date on which an applicant submits a complete application for a grant under this section, either approve or disapprove the application.”. (b) Administration Of Cost Share Determinations.—Section 70107(c)(2) of title 46, United States Code, is amended— (1) by striking subparagraph (B) and inserting the following: “(B) HIGHER LEVEL OF SUPPORT REQUIRED.—If the Secretary or the Secretary’s designee determines that a proposed project merits support and cannot be undertaken without a higher rate of Federal support, then the Secretary or the Secretary’s designee may approve grants under this section for that project with a matching requirement other than that specified in paragraph (1).”; and (2) by inserting after subparagraph (C) the following: “(D) COST SHARE DETERMINATIONS.—Notwithstanding any other provision of law, not later than 60 days after the date on which an applicant submits a complete application for a matching requirement waiver under this paragraph the Secretary shall either approve or disapprove the application.”. (c) Administration.—Section 70107(i) of title 46, United States Code, is amended by adding after paragraph (4) the following: “(5) RELEASE OF FUNDS.—To the maximum extent practicable, the Secretary shall complete all necessary programmatic reviews and release grant funds awarded under this section to the appropriate entity not later than 180 days after the date on which an applicant submits a complete application. “(6) PERFORMANCE PERIOD.—The Secretary shall utilize a period of performance of not less than 3 years for expenditure of grant funds awarded under this section. “(7) EXTENSION DETERMINATIONS.—Notwithstanding any other provision of law, not later than 60 days after the date on which an applicant submits a complete application for an extension of the period of performance for a grant, the Secretary shall either approve or disapprove the application.”. SEC. 107. PORT SECURITY GRANT FUNDING FOR MANDATED SECURITY PERSONNEL. Section 70107(b)(1) of title 46, United States Code, is amended by striking the period and inserting the following: “, including overtime and backfill costs incurred in support of other expenditures authorized under this subsection, except that not more than 50 percent of amounts received by a grantee under this section for a fiscal year may be used under this paragraph.”. SEC. 108. INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY. (a) Participating Personnel.—Section 70107A(b)(1)(B) of title 46, United States Code, is amended— (1) by inserting “, not less than part-time representation from U. S. Customs and Border Protection and U.S. Immigration and Customs Enforcement,”after “the Coast Guard”; and (2) by striking “the United States Customs and Border Protection, the United States Immigration and Customs Enforcement,”. (b) Assessment.—Not later than one year after the date of enactment of this Act the Secretary (as that term is used in that section) shall transmit to the appropriate congressional committees an assessment of— (1) interagency operational centers under such section and the implementation of the amendments made by this section; (2) participation in such centers and by Federal agencies, State and local law enforcement agencies, port security agencies, and other public and private sector entities, including joint daily operational coordination, training and certifying of non-Federal law enforcement personnel, and joint training exercises; (3) deployment of interoperable communications equipment under subsection (e) of such section, including— (A) an assessment of the cost-effectiveness and utility of such equipment for Federal agencies, State and local law enforcement agencies, port security agencies, and other public and private sector entities; (B) data showing which Federal agencies, State and local law enforcement agencies, port security agencies, and other public and private sector entities are utilizing such equipment; (C) an explanation of the process in place to obtain and incorporate feedback from Federal agencies, State and local law enforcement agencies, port security agencies, and other public and private sector entities that are utilizing such equipment in order to better meet their needs; and (D) an updated deployment schedule and life cycle cost estimate for the deployment of such equipment; and (4) mission execution and mission support activities of such centers, including daily coordination activities, information sharing, intelligence integration, and operational planning. SEC. 109. REPORT ON DHS AVIATION ASSETS. (a) In General.—Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that analyzes and compares the costs, capabilities, and missions of different aviation assets, including unmanned aerial vehicles, utilized by the Department to assess the relative costs of unmanned aerial vehicles as compared to manned aerial vehicles, and any increased operational benefits offered by unmanned aerial vehicles as compared to manned aviation assets. (b) Required Data.—The report required under subsection (a) shall include a detailed assessment of costs for operating each type of asset described in such report, including— (1) fuel costs; (2) crew and staffing costs; (3) maintenance costs; (4) communication and satellite bandwidth costs; (5) costs associated with the acquisition of each type of such asset; and (6) any other relevant costs necessary to provide a holistic analysis and to identify potential cost savings. SEC. 110. SMALL VESSEL THREAT ANALYSIS. Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report analyzing the threat of, vulnerability to, and consequence of an act of terrorism using a small vessel to attack United States vessels, ports, or maritime interests. SEC. 111. U.S. CUSTOMS AND BORDER PROTECTION WORKFORCE PLAN. (a) In General.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a plan for optimizing staffing levels for U.S. Customs and Border Protection personnel to carry out the mission of the Department, including optimal levels of U.S. Customs and Border Protection staffing required to conduct all border security functions. (b) Consideration Of Prior Staffing Resources.—The staffing plan required under subsection (a) shall consider previous staffing models prepared by the Department and assessments of threat and vulnerabilities. SEC. 112. INTEGRATED CROSS-BORDER MARITIME OPERATIONS BETWEEN THE UNITED STATES AND CANADA. (a) In General.—Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) is amended by adding at the end the following: “SEC. 432. INTEGRATED CROSS-BORDER MARITIME OPERATIONS BETWEEN THE UNITED STATES AND CANADA. “(a) Authorization.—The Secretary is authorized to establish an Integrated Cross-Border Maritime Operations Program to coordinate maritime security operations between the United States and Canada (in this section referred to as the ‘Program’). “(b) Purpose.—The Secretary, acting through the Commandant of the Coast Guard, shall administer the Program in a manner that results in a cooperative approach between the United States and Canada to strengthen border security and detect, prevent, suppress, investigate, and respond to terrorism and violations of law related to border security. “(c) Training.—The Secretary, acting through the Commandant of the Coast Guard, in consultation with the Secretary of State, may— “(1) establish, as an element of the Program, a training program to create designated maritime law enforcement officers; “(2) conduct training jointly with Canada, including training— “(A) on the detection and apprehension of suspected terrorists and individuals attempting to unlawfully cross or unlawfully use the international maritime border between the United States and Canada, to enhance border security; “(B) on the integration, analysis, and dissemination of port security information between the United States and Canada; “(C) on the respective policy, regulatory, and legal considerations related to the Program; “(D) on the use of force and maritime security; “(E) in operational procedures and protection of information and other sensitive information; and “(F) on preparedness and response to maritime terrorist incidents. “(d) Coordination.—The Secretary, acting through the Commandant of the Coast Guard, shall coordinate the Program with other similar border security and antiterrorism programs within the Department. “(e) Memoranda Of Agreement.—The Secretary may enter into any memorandum of agreement necessary to carry out the Program. “(f) Authorization Of Appropriations.—To carry out this section there is authorized to be appropriated to the Secretary $2,000,000 for each of the next two fiscal years.”. (b) Clerical Amendment.—The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following new item: “Sec.432.Integrated cross-border maritime operations between the United States and Canada.”. SEC. 113. TRAINING AND CERTIFICATION OF TRAINING FOR PORT SECURITY. (a) Use Of Port Security Grant Funds.—Section 70107(b)(8) of title 46, United States Code, is amended to read as follows: “(8) The cost of training and certifying a law enforcement officer employed by a law enforcement agency under section 70132 of this title.”. (b) Matching Requirement.—Section 70107(c)(2)(C) of such title is amended to read as follows: “(C) TRAINING AND CERTIFICATION.—There are no matching requirements for grants under subsection (a) to train and certify law enforcement personnel under section 70132 of this title.”. (c) Credentialing Standards, Training, And Certification.—Section 70132 of such title is amended as follows: (1) In the section heading, by striking “for State and local support for the enforcement of security zones for the transportation of especially hazardous cargo” and inserting “of maritime law enforcement personnel”. (2) By amending subsection (a) to read as follows: “(a) Standards.—The Commandant of the Coast Guard shall establish standards for training, qualification, and certification of a law enforcement officer employed by a law enforcement agency, to conduct or execute, pursuant to a cooperative enforcement agreement, maritime security, maritime law enforcement, and maritime surge capacity activities.”. (3) In subsection (b)(1), by amending subparagraphs (A) and (B) to read as follows: “(A) after notice and opportunity for public comment, may develop and publish training curricula for the standards established under subsection (a); and “(B) may— “(i) test and deliver training for which the curriculum is developed under subparagraph (A); “(ii) enter into an agreement under which any Federal, State, local, tribal, or private sector entity may test and deliver such training; and “(iii) accept the results of training conducted by any Federal, State, local, tribal, or private sector entity under such an agreement.”. (4) By striking subsection (b)(2) and inserting the following: “(2) Any training developed under paragraph (1) after the date of enactment of the SMART Port Security Act shall be developed in consultation with the Federal Law Enforcement Training Center.”. (5) In subsection (b)(4)— (A) by inserting after “any moneys,” the following: “other than an allocation made under the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777 et seq.),”; and (B) by striking “training of personnel to assist in the enforcement of security zones and limited access areas” and inserting “training and certifying personnel under this section”. (6) By striking subsection (c) and inserting the following: “(c) Certification Of Personnel.—The Commandant of the Coast Guard may issue a certificate to law enforcement officer employed by a law enforcement agency, who has successfully completed training that the Commandant has developed under this section.”. (7) By adding at the end the following: “(d) Tactical Training For Law Enforcement Personnel.—The Commandant of the Coast Guard may make such training developed under this section available to law enforcement officers employed by a law enforcement agency, on either a reimbursable or a non-reimbursable basis, if the Commandant determines that— “(1) a member of the Coast Guard is unable or unavailable to undertake tactical training the authorization of which had been previously approved, and no other member of the Coast Guard is reasonably available to undertake such training; “(2) the inability or unavailability of Coast Guard personnel to undertake such training creates training capacity within the training program; and “(3) such training, if made available to such law enforcement officers, would contribute to achievement of the purposes of this section.”. (d) Conforming Amendment.—Chapter 701 of such title is amended— (1) by striking the heading for subchapter II and inserting the following: “Subchapter II—Port Security Training And Certification”; and (2) in the table of sections at the beginning of the chapter— (A) by striking the item relating to the heading for subchapter II and inserting the following: “SUBCHAPTER II—PORT SECURITY TRAINING AND CERTIFICATION”. and (B) by striking the item relating to section 70132 and inserting the following: “70132. Credentialing standards, training, and certification of maritime law enforcement personnel.”. (e) Technical Corrections.—Chapter 701 of such title is amended— (1) by moving sections 70122, 70123, 70124, and 70125 so as to appear at the end of subchapter I of such chapter; (2) in the table of sections at the beginning of the chapter, in the item relating to section 70107A, by adding at the end a period; and (3) by striking the heading for section 70124 and inserting the following: “§ 70124. Regulations”. SEC. 114. NORTHERN BORDER UNMANNED AERIAL VEHICLE PILOT PROJECT. (a) Research And Development.—The Secretary shall research and develop technologies to allow routine operation of medium-sized unmanned aerial vehicles, including autonomously piloted drones, within the national airspace for border and maritime security missions without any degradation of existing levels of security-related surveillance or of safety for all national airspace system users. (b) Pilot Project.—No later than 180 days after the date of enactment of this Act, the Secretary shall commence a pilot project in segregated airspace along the northern border to conduct experiments and collect data in order to accelerate the safe integration of medium-sized unmanned aircraft systems into the national airspace system. SEC. 115. RECOGNITION OF PORT SECURITY ASSESSMENTS CONDUCTED BY OTHER ENTITIES. Section 70108 of title 46, United States Code, is amended by adding at the end the following new subsection: “(f) Recognition Of Assessment Conducted By Other Entities.— “(1) CERTIFICATION AND TREATMENT OF ASSESSMENTS.—For the purposes of this section and section 70109, the Secretary may treat an assessment conducted by a foreign government or international organization as an assessment by the Secretary required by subsection (a), if the Secretary certifies that the assessment was conducted in accordance with subsection (b). “(2) AUTHORIZATION TO ENTER INTO AGREEMENTS OR ARRANGEMENTS.—The Secretary may enter into an agreement or arrangement with a foreign government or international organization, under which— “(A) such government or organization may, on behalf of the Secretary, conduct an assessment required under subsection (a), or share with the Secretary information pertaining to such assessments; and “(B) the Secretary may, on behalf of such foreign government or organization, conduct an assessment described in subsection (a), or share with such foreign government or organization information pertaining to such assessments. “(3) LIMITATIONS.—Nothing in this subsection— “(A) requires the Secretary to recognize an assessment that a foreign government or an international organization conducts pursuant to this subsection; or “(B) limits the discretion or ability of the Secretary to conduct an assessment under this section. “(4) NOTIFICATION.—Not later than 30 days before entering into an agreement or arrangement with a foreign government under paragraph (2), the Secretary shall notify the appropriate congressional committees of the proposed terms of such agreement or arrangement.”. SEC. 116. USE OF PORT SECURITY GRANT FUNDS FOR REPLACEMENT OF SECURITY EQUIPMENT OR FACILITIES. Section 70107(b)(2) of title 46, United States Code, is amended by inserting “(including replacement)” after “acquisition”. TITLE II—MARITIME SUPPLY CHAIN SECURITY SEC. 201. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE INTERNATIONAL SUPPLY CHAIN. Section 201 of the SAFE Port Act (6 U.S.C. 941) is amended— (1) by amending subsection (b) to read as follows: “(b) Requirements.—The strategic plan required under subsection (a), and any updates to the strategic plan required under subsection (g), shall— “(1) identify and address gaps and unnecessary redundancies or overlaps in the roles, responsibilities, or authorities of the agencies responsible for securing the supply chain, including— “(A) any unnecessary redundancies or overlaps in Federal transportation security credentialing programs; and “(B) any unnecessary redundancies or overlaps in Federal trusted shipper or trusted trader programs; “(2) review ongoing efforts to align activities throughout the Federal Government to— “(A) improve coordination among the agencies referred to in paragraph (1); “(B) facilitate the efficient flow of legitimate commerce; “(C) enhance the security of the international supply chain; or “(D) address any gaps or overlaps described in paragraph (1); “(3) identify further regulatory or organizational changes necessary to— “(A) improve coordination among the agencies referred to in paragraph (1); “(B) facilitate the efficient flow of legitimate commerce; “(C) enhance the security of the international supply chain; or “(D) address any gaps or overlaps described in paragraph (1); “(4) provide measurable goals, including objectives, mechanisms, and a schedule, for furthering the security of commercial operations from point of origin to point of destination; “(5) build on available resources and consider costs and benefits; “(6) recommend additional incentives for voluntary measures taken by private sector entities to enhance supply chain security, including additional incentives for such entities participating in the Customs-Trade Partnership Against Terrorism in accordance with sections 214, 215, and 216; “(7) consider the impact of supply chain security requirements on small- and medium- sized companies; “(8) identify a framework for prudent and measured response in the event of a transportation security incident involving the international supply chain; “(9) provide updated protocols for the expeditious resumption of the flow of trade in accordance with section 202; “(10) review and address implementation of lessons learned from recent exercises conducted under sections 114 and 115, and other international supply chain security, response, or recovery exercises that the Department participates in, as appropriate; “(11) consider the linkages between supply chain security and security programs within other systems of movement, including travel security and terrorism finance programs; “(12) be informed by technologies undergoing research, development, testing, and evaluation by the Department; and “(13) expand upon and relate to existing strategies and plans for securing supply chains, including the National Response Plan, the National Maritime Transportation Security Plan, the National Strategy for Maritime Security, and the eight supporting plans of such National Strategy for Maritime Security, as required by Homeland Security Presidential Directive 13.”; (2) in subsection (g)— (A) in the heading for paragraph (2), by striking “Final” and inserting “Updated”; and (B) by adding at the end the following new paragraphs: “(3) FINAL REPORT.—Not later than two years after the date on which the update of the strategic plan is submitted under paragraph (2), the Secretary shall submit to the appropriate congressional committees a report that contains a further update of the strategic plan. “(4) IMPLEMENTATION PLAN.—Not later than one year after the date on which the final update of the strategic plan is submitted under paragraph (3), the Secretary shall submit to the appropriate congressional committees an implementation plan for carrying out the strategic plan.”; and (3) by adding at the end the following new subsection: “(h) Threat Assessment.—In developing the reports and implementation plan required under subsection (g), the Secretary shall take into account an assessment of the current threats to the global supply chain.”. SEC. 202. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM. (a) Unannounced Inspections.—Section 217(a) of the SAFE Port Act (6 U.S.C. 967(a)) is amended— (1) by striking “If at any time” and inserting the following: “(1) FAILURE TO MEET REQUIREMENTS.—If at any time”; and (2) by inserting after paragraph (1), as redesignated, the following new paragraph: “(2) UNANNOUNCED INSPECTIONS.—The Secretary, acting through the Commissioner, may conduct an unannounced inspection of a C-TPAT participant’s security measures and supply chain security practices if the Commissioner determines, based on previously identified deficiencies in security measures and supply chain security practices of the C-TPAT participant, that there is a likelihood that such an inspection would assist in confirming the security measures in place and further the validation process.”. (b) Private Sector Information Sharing On Security And Terrorism Threats.—Subsection (d) of section 216 of the SAFE Port Act (6 U.S.C. 966) is amended to read as follows: “(d) Private Sector Information Sharing On Security And Terrorism Threats.— “(1) IN GENERAL.—The Secretary shall promote information sharing, as appropriate, between and among the Department and C-TPAT participants and other private entities regarding— “(A) potential vulnerabilities, attacks, and exploitations of the international supply chain; and “(B) means and methods of preventing, responding to, and mitigating consequences from the vulnerabilities, attacks, and exploitations described in subparagraph (A). “(2) CONTENTS.—The information sharing required under paragraph (1) may include— “(A) the creation of classified and unclassified means of accessing information that may be used by appropriately cleared personnel and that will provide, as appropriate, ongoing situational awareness of the security of the international supply chain; and “(B) the creation of guidelines to establish a mechanism by which owners and operators of international supply chain infrastructure may report actual or potential security breaches.”. SEC. 203. RECOGNITION OF OTHER COUNTRIES’ TRUSTED SHIPPER PROGRAMS. Section 218 of the SAFE Port Act (6 U.S.C. 968) is amended by adding at the end the following new subsection: “(j) Recognition Of Other Countries’ Trusted Shipper Programs.—Not later than 30 days before signing an arrangement between the United States and a foreign government providing for mutual recognition of supply chain security practices which might result in the utilization of benefits described in section 214, 215, or 216, the Secretary shall— “(1) notify the appropriate congressional committees of the proposed terms of such arrangement; and “(2) determine, in consultation with the Commissioner, that the foreign government’s supply chain security program provides comparable security as that provided by C-TPAT.”. SEC. 204. PILOT PROGRAM FOR INCLUSION OF NON-ASSET BASED THIRD PARTY LOGISTICS PROVIDERS IN THE CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM. (a) In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop a pilot program to determine whether allowing non-asset based third party logistics providers that arrange international transportation of freight to participate in the Customs-Trade Partnership Against Terrorism program, as described in section 211 of the SAFE Port Act (6 U.S.C. 961), would enhance port security, combat terrorism, prevent supply chain security breaches, or meet the goals of the Customs-Trade Partnership Against Terrorism established pursuant to section 211 of the SAFE Port Act (6 U.S.C. 961). (b) Requirements.— (1) VOLUNTARY PARTICIPATION.—Participation by non-asset based third party logistics providers that arrange international transportation of freight taking part in the pilot program shall be voluntary. (2) MINIMUM NUMBER.—The Secretary shall ensure that not fewer than five non-asset based third party logistics providers that arrange international transportation of freight take part in the pilot program. (3) DURATION.—The pilot program shall be conducted for a minimum duration of one year. (c) Report.—Not later than 180 days after the conclusion of the pilot program, the Secretary shall submit to the appropriate congressional committees a report on the findings and any recommendations of the pilot program concerning the participation in the Customs-Trade Partnership Against Terrorism of non-asset based third party logistics providers that arrange international transportation of freight to combat terrorism and prevent supply chain security breaches. SEC. 205. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL PROCESS REFORM. (a) Sense Of Congress.—To avoid further imposing unnecessary and costly regulatory burdens on United States workers and businesses, it is the sense of Congress that it is urgent that the Transportation Worker Identification Credential (in this section referred to as the “TWIC”) application process be reformed. (b) TWIC Application Reform.—Not later than 270 days after the date of the enactment of this Act, the Secretary shall reform the process for the enrollment, activation, issuance, and renewal of a TWIC to require, in total, not more than one in-person visit to a designated enrollment center except in cases in which there are extenuating circumstances, as determined by the Secretary, requiring more than one such in-person visit. SEC. 206. EXPIRATION OF CERTAIN TRANSPORTATION WORKER IDENTIFICATION CREDENTIALS. (a) In General.—A valid Transportation Worker Identification Credential required under part 101.514 of title 33, Code of Federal Regulations, that was issued before the date of enactment of this Act shall not expire before the deadline for full implementation of a final rule issued by the Secretary for electronic readers designed to work with Transportation Worker Identification Credentials as an access control and security measure issued pursuant to the advanced notice of proposed rulemaking published March 27, 2009 (74 Fed. Reg. 58), as established by the final rule. (b) Revocation Authority Not Affected.—This section shall not be construed to affect the authority of the Secretary to revoke a Transportation Worker Identification Credential— (1) based on information that the holder is not qualified to hold such credential; or (2) if the credential is lost, damaged, or stolen. SEC. 207. SECURING THE TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL AGAINST USE BY UNAUTHORIZED ALIENS. (a) Process.— (1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a process to ensure, to the maximum extent practicable, that an individual who is not lawfully present in the United States cannot obtain or continue to use a Transportation Worker Identification Credential (in this section referred to as the “TWIC”). (2) COMPONENTS.—In establishing the process under subsection (a), the Secretary shall— (A) publish a list of documents that will identify non-United States citizen TWIC applicants and verify their immigration statuses by requiring each such applicants to produce a document or documents that demonstrate— (i) identity; and (ii) proof of lawful presence in the United States; and (B) establish training requirements to ensure that trusted agents at TWIC enrollment centers receive training to identify fraudulent documents. (b) Expiration Of TWICs.—A TWIC expires on the date of its expiration, or in the date on which the individual to whom such a TWIC is issued is no longer lawfully present in the United States, whichever is earlier. SEC. 208. REPORT ON FEDERAL TRANSPORTATION SECURITY CREDENTIALING PROGRAMS. Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that identifies unnecessary redundancies or overlaps in Federal transportation security credentialing programs, including recommendations to reduce or eliminate such redundancies or overlaps.
  10. Mr. President, I second the motion for cloture. I yield
  11. Mr. President, Last question. Who determines if the bill is complex or not? The PPT? The SML? The Parliamentarian? I yield
  12. Mr. President, Seeing that the Senate is raging in a disagreement, I want to diffuse the situation and come to an understanding. I want to read Senate Rule Section 3(f) reads as follows: f) DOCKET REGULATION -- If the Senate Majority Leader places legislation onto the docket that is not eligible to be placed on the docket, a point of order may be risen and the bill stripped from the docket. If the resulting point of order results in the docket being less than three (3) bills, the rest of the docket will still be able to proceed as normal. Bills ineligible for docketing include those which have not been in the hopper at least twenty four (24) hours, are complex and do not include a PES, have been laid on the table and not passed a motion to reconsider. I want to focus particularly on the end which says that: Bills ineligible for docketing include those which...are complex and do not include a PES. This one line in itself is ambiguous in nature. When it comes to legal writings, periods and commas are very important. In this sentence, there is no comma before 'and,' therefore indicating that both 'complex' and no 'PES' must exist together. This means that: If the bill is complex and DOES have a PES, then Section 3(f) is irrelevant. If the bill is not complex and DOES have a PES, Section 3(f) is irrelevant. If the bill is not complex and does not have a PES, Section 3(f) is irrelevant. If the bill is complex and DOES NOT have a PES, Section 3(f) IS RELEVANT. You see, the term 'complex' and phrase 'do not include a PES' cannot live without each other. They must exist together for there is no comma. Current Attorney General Janice Lowden's twitter head says "We must be specific for the law is specific in its endeavors." Therefore, as a body, we must be specific and follow the rules exactly as written and that includes the existence of periods and commas within the text itself. I hope this has helped the body. I yield
  13. Mr. President, Will this bill force states to teach climate change or is it optional? I yield
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