[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3297 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 894
110th CONGRESS
  2d Session
                                S. 3297

                    To advance America's priorities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2008

 Mr. Reid (for himself, Mr. Leahy, Mr. Lieberman, Mrs. Feinstein, Mr. 
    Inouye, Mr. Kennedy, Mrs. Boxer, and Mr. Biden) introduced the 
             following bill; which was read the first time

                             July 23, 2008

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
                    To advance America's priorities.

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

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Advancing 
America's Priorities Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
                     TITLE I--HEALTHCARE PROVISIONS

                      Subtitle A--ALS Registry Act

Sec. 1001. Short title.
Sec. 1002. Amendment to the Public Health Service Act.
Sec. 1003. Report on registries.
          Subtitle B--Christoper and Dana Reeve Paralysis Act

Sec. 1101. Short title.
                       PART I--Paralysis Research

Sec. 1111. Expansion and coordination of activities of the National 
                            Institutes of Health with respect to 
                            research on paralysis.
          PART II--Paralysis Rehabilitation Research and Care

Sec. 1121. Expansion and coordination of activities of the National 
                            Institutes of Health with respect to 
                            research with implications for enhancing 
                            daily function for persons with paralysis.
  PART III--Improving Quality of Life for Persons With Paralysis and 
                      Other Physical Disabilities

Sec. 1131. Programs to improve quality of life for persons with 
                            paralysis and other physical disabilities.
        Subtitle C--Stroke Treatment and Ongoing Prevention Act

Sec. 1201. Short title.
Sec. 1202. Amendments to Public Health Service Act regarding stroke 
                            programs.
Sec. 1203. Pilot project on telehealth stroke treatment.
Sec. 1204. Rule of construction.
             Subtitle D--Melanie Blocker Stokes MOTHERS Act

Sec. 1301. Short title.
               PART I--RESEARCH ON POSTPARTUM CONDITIONS

Sec. 1311. Expansion and intensification of activities.
Sec. 1312. Sense of Congress regarding longitudinal study of relative 
                            mental health consequences for women of 
                            resolving a pregnancy.
     PART II--DELIVERY OF SERVICES REGARDING POSTPARTUM CONDITIONS

Sec. 1321. Establishment of program of grants.
Sec. 1322. Certain requirements.
Sec. 1323. Technical assistance.
                      PART III--GENERAL PROVISIONS

Sec. 1331. Authorization of appropriations.
Sec. 1332. Report by the Secretary.
Sec. 1333. Limitation.
              Subtitle E--Vision Care for Kids Act of 2008

Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Grants regarding vision care for children.
 Subtitle F--Prenatally and Postnatally Diagnosed Conditions Awareness 
                                  Act

Sec. 1501. Short title.
Sec. 1502. Purposes.
Sec. 1503. Amendment to the Public Health Service Act.
                     TITLE II--JUDICIARY PROVISIONS

          Subtitle A--Reconnecting Homeless Youth Act of 2008

Sec. 2101. Short title.
Sec. 2102. Findings.
Sec. 2103. Basic center program.
Sec. 2104. Transitional living grant program.
Sec. 2105. Grants for research evaluation, demonstration, and service 
                            projects.
Sec. 2106. Coordinating, training, research, and other activities.
Sec. 2107. Sexual abuse prevention program.
Sec. 2108. National homeless youth awareness campaign.
Sec. 2109. Conforming amendments.
Sec. 2110. Performance standards.
Sec. 2111. Government Accountability Office study and report.
Sec. 2112. Definitions.
Sec. 2113. Authorization of appropriations.
    Subtitle B--Emmett Till Unsolved Civil Rights Crimes Act of 2007

Sec. 2201. Short title.
Sec. 2202. Sense of Congress.
Sec. 2203. Deputy Chief of the Criminal Section of the Civil Rights 
                            Division.
Sec. 2204. Supervisory Special Agent in the Civil Rights Unit of the 
                            Federal Bureau of Investigation.
Sec. 2205. Grants to State and local law enforcement.
Sec. 2206. Authorization of appropriations.
Sec. 2207. Definition of criminal civil rights statutes.
Sec. 2208. Sunset.
Sec. 2209. Authority of Inspectors General.
    Subtitle C--Mentally Ill Offender Treatment and Crime Reduction 
              Reauthorization and Improvement Act of 2008

Sec. 2301. Short title.
Sec. 2302. Findings.
Sec. 2303. Reauthorization of the Adult and Juvenile Collaboration 
                            Program Grants.
Sec. 2304. Law enforcement response to mentally ill offenders 
                            improvement grants.
Sec. 2305. Improving the mental health courts grant program.
Sec. 2306. Examination and report on prevalence of mentally ill 
                            offenders.
    Subtitle D--Effective Child Pornography Prosecution Act of 2007

Sec. 7401. Short title.
Sec. 7402. Findings.
Sec. 7403. Clarifying ban of child pornography.
 Subtitle E--Enhancing the Effective Prosecution of Child Pornography 
                              Act of 2007

Sec. 2501. Short title.
Sec. 2502. Money laundering predicate.
Sec. 2503. Knowingly accessing child pornography with the intent to 
                            view child pornography.
            Subtitle F--Drug Endangered Children Act of 2007

Sec. 2601. Short title.
Sec. 2602. Drug-endangered children grant program extended.
     Subtitle G--Star-Spangled Banner and War of 1812 Bicentennial 
                             Commission Act

Sec. 2701. Short title.
Sec. 2702. Star-Spangled Banner and War of 1812 Bicentennial 
                            Commission.
              Subtitle H--PROTECT Our Children Act of 2008

Sec. 2801. Short title.
Sec. 2802. Definitions.
    PART I--National Strategy for Child Exploitation Prevention and 
                              Interdiction

Sec. 2811. Establishment of National Strategy for Child Exploitation 
                            Prevention and Interdiction.
Sec. 2812. Establishment of National ICAC Task Force Program.
Sec. 2813. Purpose of ICAC task forces.
Sec. 2814. Duties and functions of task forces.
Sec. 2815. National Internet Crimes Against Children Data System.
Sec. 2816. ICAC grant program.
Sec. 2817. Authorization of appropriations.
       PART II--ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION

Sec. 2821. Additional regional computer forensic labs.
           PART III--Effective Child Pornography Prosecution

Sec. 2831. Prohibit the broadcast of live images of child abuse.
Sec. 2832. Amendment to section 2256 of title 18, United States Code.
Sec. 2833. Amendment to section 2260 of title 18, United States Code.
Sec. 2834. Prohibiting the adaptation or modification of an image of an 
                            identifiable minor to produce child 
                            pornography.
      PART IV--National Institute of Justice Study of Risk Factors

Sec. 2841. NIJ study of risk factors for assessing dangerousness.
           TITLE III--ENVIRONMENT AND PUBLIC WORKS PROVSIONS

                 Subtitle A--Captive Primate Safety Act

Sec. 3001. Short title.
Sec. 3002. Addition of nonhuman primates to definition of prohibited 
                            wildlife species.
Sec. 3003. Captive wildlife amendments.
Sec. 3004. Applicability provision amendment.
Sec. 3005. Regulations.
Sec. 3006. Authorization of appropriations for additional law 
                            enforcement personnel.
Subtitle B--Chesapeake Bay Gateways and Watertrails Network Continuing 
                           Authorization Act

Sec. 3011. Short title.
Sec. 3012. Authorization of appropriations.
                Subtitle C--Beach Protection Act of 2008

Sec. 3021. Short title.
Sec. 3022. Beachwater pollution source identification and prevention.
Sec. 3023. Funding for Beaches Environmental Assessment and Coastal 
                            Health Act.
Sec. 3024. State reports.
Sec. 3025. Use of rapid testing methods.
Sec. 3026. Prompt communication with State environmental agencies.
Sec. 3027. Content of State and local programs.
Sec. 3028. Compliance review.
Sec. 3029. Study of grant distribution formula.
  Subtitle D--Appalachian Regional Development Act Amendments of 2008

Sec. 3031. Short title.
Sec. 3032. Limitation on available amounts; maximum commission 
                            contribution.
Sec. 3033. Economic and energy development initiative.
Sec. 3034. Distressed, at-risk, and economically strong counties.
Sec. 3035. Authorization of appropriations.
Sec. 3036. Termination.
Sec. 3037. Additions to Appalachian region.
                 TITLE IV--FOREIGN RELATIONS PROVISIONS

   Subtitle A--Senator Paul Simon Study Abroad Foundation Act of 2008

Sec. 4001. Short title.
Sec. 4002. Findings.
Sec. 4003. Purposes.
Sec. 4004. Definitions.
Sec. 4005. Establishment and management of the Senator Paul Simon Study 
                            Abroad Foundation.
Sec. 4006. Establishment and operation of program.
Sec. 4007. Annual report.
Sec. 4008. Powers of the Foundation; related provisions.
Sec. 4009. General personnel authorities.
Sec. 4010. GAO review.
Sec. 4011. Authorization of appropriations.
Subtitle B--Reconstruction and Stabilization Civilian Management Act of 
                                  2008

Sec. 4101. Short title.
Sec. 4102. Findings.
Sec. 4103. Definitions.
Sec. 4104. Authority to provide assistance for reconstruction and 
                            stabilization crises.
Sec. 4105. Reconstruction and stabilization.
Sec. 4106. Authorities related to personnel.
Sec. 4107. Reconstruction and stabilization strategy.
Sec. 4108. Annual reports to Congress.
Subtitle C--Overseas Private Investment Corporation Reauthorization of 
                              Act of 2008

Sec. 4201. Short title.
Sec. 4202. Reauthorization of OPIC programs.
Sec. 4203. Requirements regarding internationally recognized worker 
                            rights.
Sec. 4204. Preferential consideration of certain investment projects.
Sec. 4205. Climate change mitigation action plan.
Sec. 4206. Increased transparency.
Sec. 4207. Transparency and accountability of investment funds.
Sec. 4208. Prohibition on assistance to develop or promote certain 
                            railway connections and railway-related 
                            connections.
Sec. 4209. Ineligibility of persons doing certain business with state 
                            sponsors of terrorism.
Sec. 4210. Congressional notification regarding maximum contingent 
                            liability.
Sec. 4211. Extension of authority to operate in Iraq.
Sec. 4212. Low-income housing.
Sec. 4213. Assistance for small businesses and entities.
Sec. 4214. Technical corrections.
Subtitle D--Tropical Forest and Coral Conservation Reauthorization Act 
                                of 2008

Sec. 4301. Short title.
Sec. 4302. Amendment to short title of Act to encompass expanded scope.
Sec. 4303. Expansion of scope of act to protect forests and coral 
                            reefs.
Sec. 4304. Change to name of facility.
Sec. 4305. Eligibility for benefits.
Sec. 4306. United States Government representation on oversight bodies 
                            for grants from debt-for-nature swaps and 
                            debt-buybacks.
Sec. 4307. Conservation agreements.
Sec. 4308. Conservation Fund.
Sec. 4309. Repeal of authority of the enterprise for The Americas Board 
                            to carry out activities under the Forest 
                            and Coral Conservation Act of 2008.
Sec. 4310. Changes to due dates of annual reports to Congress.
Sec. 4311. Changes to International Monetary Fund criterion for country 
                            eligibility.
Sec. 4312. New authorization of appropriations for the reduction of 
                            debt and authorization for audit, 
                            evaluation, monitoring, and administration 
                            expenses.
     Subtitle E--Torture Victims Relief Reauthorization Act of 2008

Sec. 4401. Short title.
Sec. 4402. Authorization of appropriations for domestic treatment 
                            centers for victims of torture.
Sec. 4403. Authorization of appropriations for foreign treatment 
                            centers for victims of torture.
Sec. 4404. Authorization of appropriations for the United States 
                            contribution to the United Nations 
                            voluntary fund for victims of torture.
Subtitle F--Support for the Museum of the History of Polish Jews Act of 
                                  2008

Sec. 4501. Short title.
Sec. 4502. Findings.
Sec. 4503. Assistance for the Museum of the History of Polish Jews.
       TITLE V--COMMERCE, SCIENCE, AND TRANSPORTATION PROVISIONS

                       Subtitle A--Communications

                 PART I--Broadband Data Improvement Act

Sec. 5101. Short title.
Sec. 5102. Findings.
Sec. 5103. Improving Federal data on broadband.
Sec. 5104. Study on additional broadband metrics and standards.
Sec. 5105. Study on the impact of broadband speed and price on small 
                            businesses.
Sec. 5106. Encouraging State initiatives to improve broadband.
           PART II--Training for Realtime Writers Act of 2007

Sec. 5111. Short title.
Sec. 5112. Findings.
Sec. 5113. Authorization of grant program to promote training and job 
                            placement of realtime writers.
Sec. 5114. Application.
Sec. 5115. Use of funds.
Sec. 5116. Reports.
Sec. 5117. Authorization of appropriations.
Sec. 5118. Sunset.
                           Subtitle B--Oceans

    PART I--Hydrographic Services Improvement Act Amendments of 2008

Sec. 5201. Short title.
Sec. 5202. Definitions.
Sec. 5203. Functions of the Administrator.
Sec. 5204. Hydrographic Services Review Panel.
Sec. 5205. Authorization of appropriations.
Sec. 5206. Authorized NOAA corps strength.
                       PART II--Ocean Exploration

                         subpart a--exploration

Sec. 5211. Purpose.
Sec. 5212. Program established.
Sec. 5213. Powers and duties of the Administrator.
Sec. 5214. Ocean exploration and undersea research technology and 
                            infrastructure task force.
Sec. 5215. Ocean Exploration Advisory Board.
Sec. 5216. Authorization of appropriations.
         subpart b--noaa undersea research program act of 2008

Sec. 5221. Short title.
Sec. 5222. Program established.
Sec. 5223. Powers of program director.
Sec. 5224. Administrative structure.
Sec. 5225. Research, exploration, education, and technology programs.
Sec. 5226. Competitiveness.
Sec. 5227. Authorization of appropriations.
          PART III--Ocean and Coastal Mapping Integration Act

Sec. 5231. Short title.
Sec. 5232. Establishment of program.
Sec. 5233. Interagency committee on ocean and coastal mapping.
Sec. 5234. Biannual reports.
Sec. 5235. Plan.
Sec. 5236. Effect on other laws.
Sec. 5237. Authorization of appropriations.
Sec. 5238. Definitions.
   PART IV--National Sea Grant College Program Amendments Act of 2008

Sec. 5241. Short title.
Sec. 5242. References.
Sec. 5243. Findings and purpose.
Sec. 5244. Definitions.
Sec. 5245. National Sea Grant College Program.
Sec. 5246. Program or project grants and contracts.
Sec. 5247. Extension services by Sea Grant Colleges and Sea Grant 
                            Institutes.
Sec. 5248. Fellowships.
Sec. 5249. National Sea Grant Advisory Board.
Sec. 5250. Authorization of appropriations.
  PART V--Integrated Coastal and Ocean Observation System Act of 2008

Sec. 5261. Short title.
Sec. 5262. Purposes.
Sec. 5263. Definitions.
Sec. 5264. Integrated coastal and ocean observing system.
Sec. 5265. Interagency financing and agreements.
Sec. 5266. Application with other laws.
Sec. 5267. Report to Congress.
Sec. 5268. Public-private use policy.
Sec. 5269. Independent cost estimate.
Sec. 5270. Intent of Congress.
Sec. 5271. Authorization of appropriations.
  PART VI--Federal Ocean Acidification Research and Monitoring Act of 
                                  2008

Sec. 5281. Short title.
Sec. 5282. Purposes.
Sec. 5283. Definitions.
Sec. 5284. Interagency subcommittee.
Sec. 5285. Strategic research plan.
Sec. 5286. NOAA ocean acidification activities.
Sec. 5287. NSF ocean acidification activities.
Sec. 5288. NASA ocean acidification activities.
Sec. 5289. Authorization of appropriations.
    TITLE VI--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS PROVISIONS

   Subtitle A--National Capital Transportation Amendments Act of 2008

Sec. 6101. Short title; findings.
Sec. 6102. Authorization for Capital and Preventive Maintenance 
                            projects for Washington Metropolitan Area 
                            Transit Authority.
  Subtitle B--Preservation of Records of Servitude, Emancipation, and 
                   Post-Civil War Reconstruction Act

Sec. 6201. Short title.
Sec. 6202. Establishment of national database.
Sec. 6203. Grants for establishment of State and local databases.
Sec. 6204. Authorization of appropriations.
         Subtitle C--Predisaster Hazard Mitigation Act of 2008

Sec. 6301. Short title.
Sec. 6302. Predisaster hazard mitigation.
Sec. 6303. Flood control projects.
Sec. 6304. Technical and conforming amendments.
             TITLE VII--RULES AND ADMINISTRATION PROVISIONS

Sec. 7001. Construction of greenhouse facility.

                     TITLE I--HEALTHCARE PROVISIONS

                      Subtitle A--ALS Registry Act

SEC. 1001. SHORT TITLE.

    This subtitle may be cited as the ``ALS Registry Act''.

SEC. 1002. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.) is amended by adding at the end the following:

``SEC. 399R. AMYOTROPHIC LATERAL SCLEROSIS REGISTRY.

    ``(a) Establishment.--
            ``(1) In general.--Not later than 1 year after the receipt 
        of the report described in subsection (b)(2)(A), the Secretary, 
        acting through the Director of the Centers for Disease Control 
        and Prevention, shall--
                    ``(A) develop a system to collect data on 
                amyotrophic lateral sclerosis (referred to in this 
                section as `ALS') and other motor neuron disorders that 
                can be confused with ALS, misdiagnosed as ALS, and in 
                some cases progress to ALS, including information with 
                respect to the incidence and prevalence of the disease 
                in the United States; and
                    ``(B) establish a national registry for the 
                collection and storage of such data to develop a 
                population-based registry of cases in the United States 
                of ALS and other motor neuron disorders that can be 
                confused with ALS, misdiagnosed as ALS, and in some 
                cases progress to ALS.
            ``(2) Purpose.--It is the purpose of the registry 
        established under paragraph (1)(B) to--
                    ``(A) better describe the incidence and prevalence 
                of ALS in the United States;
                    ``(B) examine appropriate factors, such as 
                environmental and occupational, that may be associated 
                with the disease;
                    ``(C) better outline key demographic factors (such 
                as age, race or ethnicity, gender, and family history 
                of individuals who are diagnosed with the disease) 
                associated with the disease;
                    ``(D) better examine the connection between ALS and 
                other motor neuron disorders that can be confused with 
                ALS, misdiagnosed as ALS, and in some cases progress to 
                ALS; and
                    ``(E) other matters as recommended by the Advisory 
                Committee established under subsection (b).
    ``(b) Advisory Committee.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of the enactment of this section, the Secretary, acting 
        through the Director of the Centers for Disease Control and 
        Prevention, shall establish a committee to be known as the 
        Advisory Committee on the National ALS Registry (referred to in 
        this section as the `Advisory Committee'). The Advisory 
        Committee shall be composed of not more than 27 members to be 
        appointed by the Secretary, acting through the Centers for 
        Disease Control and Prevention, of which--
                    ``(A) two-thirds of such members shall represent 
                governmental agencies--
                            ``(i) including at least one member 
                        representing--
                                    ``(I) the National Institutes of 
                                Health, to include, upon the 
                                recommendation of the Director of the 
                                National Institutes of Health, 
                                representatives from the National 
                                Institute of Neurological Disorders and 
                                Stroke and the National Institute of 
                                Environmental Health Sciences;
                                    ``(II) the Department of Veterans 
                                Affairs;
                                    ``(III) the Agency for Toxic 
                                Substances and Disease Registry; and
                                    ``(IV) the Centers for Disease 
                                Control and Prevention; and
                            ``(ii) of which at least one such member 
                        shall be a clinician with expertise on ALS and 
                        related diseases, an epidemiologist with 
                        experience in data registries, a statistician, 
                        an ethicist, and a privacy expert (relating to 
                        the privacy regulations under the Health 
                        Insurance Portability and Accountability Act of 
                        1996); and
                    ``(B) one-third of such members shall be public 
                members, including at least one member representing--
                            ``(i) national and voluntary health 
                        associations;
                            ``(ii) patients with ALS or their family 
                        members;
                            ``(iii) clinicians with expertise on ALS 
                        and related diseases;
                            ``(iv) epidemiologists with experience in 
                        data registries;
                            ``(v) geneticists or experts in genetics 
                        who have experience with the genetics of ALS or 
                        other neurological diseases and
                            ``(vi) other individuals with an interest 
                        in developing and maintaining the National ALS 
                        Registry.
            ``(2) Duties.--The Advisory Committee shall review 
        information and make recommendations to the Secretary 
        concerning--
                    ``(A) the development and maintenance of the 
                National ALS Registry;
                    ``(B) the type of information to be collected and 
                stored in the Registry;
                    ``(C) the manner in which such data is to be 
                collected;
                    ``(D) the use and availability of such data 
                including guidelines for such use; and
                    ``(E) the collection of information about diseases 
                and disorders that primarily affect motor neurons that 
                are considered essential to furthering the study and 
                cure of ALS.
            ``(3) Report.--Not later than 270 days after the date on 
        which the Advisory Committee is established, the Advisory 
        Committee shall submit a report to the Secretary concerning the 
        review conducted under paragraph (2) that contains the 
        recommendations of the Advisory Committee with respect to the 
        results of such review.
    ``(c) Grants.--The Secretary, acting through the Director of the 
Centers for Disease Control and Prevention, may award grants to, and 
enter into contracts and cooperative agreements with, public or private 
nonprofit entities for the collection, analysis, and reporting of data 
on ALS and other motor neuron disorders that can be confused with ALS, 
misdiagnosed as ALS, and in some cases progress to ALS after receiving 
the report under subsection (b)(3).
    ``(d) Coordination With State, Local, and Federal Registries.--
            ``(1) In general.--In establishing the National ALS 
        Registry under subsection (a), the Secretary, acting through 
        the Director of the Centers for Disease Control and Prevention, 
        shall--
                    ``(A) identify, build upon, expand, and coordinate 
                among existing data and surveillance systems, surveys, 
                registries, and other Federal public health and 
                environmental infrastructure wherever possible, which 
                may include--
                            ``(i) any registry pilot projects 
                        previously supported by the Centers for Disease 
                        Control and Prevention;
                            ``(ii) the Department of Veterans Affairs 
                        ALS Registry;
                            ``(iii) the DNA and Cell Line Repository of 
                        the National Institute of Neurological 
                        Disorders and Stroke Human Genetics Resource 
                        Center at the National Institutes of Health;
                            ``(iv) Agency for Toxic Substances and 
                        Disease Registry studies, including studies 
                        conducted in Illinois, Missouri, El Paso and 
                        San Antonio, Texas, and Massachusetts;
                            ``(v) State-based ALS registries;
                            ``(vi) the National Vital Statistics 
                        System; and
                            ``(vii) any other existing or relevant 
                        databases that collect or maintain information 
                        on those motor neuron diseases recommended by 
                        the Advisory Committee established in 
                        subsection (b); and
                    ``(B) provide for research access to ALS data as 
                recommended by the Advisory Committee established in 
                subsection (b) to the extent permitted by applicable 
                statutes and regulations and in a manner that protects 
                personal privacy consistent with applicable privacy 
                statutes and regulations.
            ``(2) Coordination with nih and department of veterans 
        affairs.--Consistent with applicable privacy statutes and 
        regulations, the Secretary shall ensure that epidemiological 
        and other types of information obtained under subsection (a) is 
        made available to the National Institutes of Health and the 
        Department of Veterans Affairs.
    ``(e) Definition.--For the purposes of this section, the term 
`national voluntary health association' means a national non-profit 
organization with chapters or other affiliated organizations in States 
throughout the United States with experience serving the population of 
individuals with ALS and have demonstrated experience in ALS research, 
care, and patient services.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $2,000,000 for fiscal year 
2009, $25,000,000 for fiscal year 2010, and $16,000,000 for each of 
fiscal years 2011 through 2013.''.

SEC. 1003. REPORT ON REGISTRIES.

    Not later than 18 months after the date of enactment of this Act, 
the Secretary of Health and Human Services shall submit to the 
appropriate committees of Congress a report outlining--
            (1) the registries currently under way;
            (2) future planned registries;
            (3) the criteria involved in determining what registries to 
        conduct, defer, or suspend; and
            (4) the scope of those registries.
The report shall also include a description of the activities the 
Secretary undertakes to establish partnerships with research and 
patient advocacy communities to expand registries.

          Subtitle B--Christoper and Dana Reeve Paralysis Act

SEC. 1101. SHORT TITLE.

    This subtitle may be cited as the ``Christopher and Dana Reeve 
Paralysis Act''.

                       PART I--PARALYSIS RESEARCH

SEC. 1111. EXPANSION AND COORDINATION OF ACTIVITIES OF THE NATIONAL 
              INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH ON 
              PARALYSIS.

    (a) Coordination.--The Director of the National Institutes of 
Health (referred to in this subtitle as the ``Director''), pursuant to 
the general authority of the Director, may develop mechanisms to 
coordinate the paralysis research and rehabilitation activities of the 
Institutes and Centers of the National Institutes of Health in order to 
further advance such activities and avoid duplication of activities.
    (b) Christopher and Dana Reeve Paralysis Research Consortia.--
            (1) In general.--The Director may under subsection (a) make 
        awards of grants to public or private entities to pay all or 
        part of the cost of planning, establishing, improving, and 
        providing basic operating support for consortia in paralysis 
        research. The Director shall designate each consortium funded 
        under grants as a Christopher and Dana Reeve Paralysis Research 
        Consortium.
            (2) Research.--Each consortium under paragraph (1)--
                    (A) may conduct basic, translational and clinical 
                paralysis research;
                    (B) may focus on advancing treatments and 
                developing therapies in paralysis research;
                    (C) may focus on one or more forms of paralysis 
                that result from central nervous system trauma or 
                stroke;
                    (D) may facilitate and enhance the dissemination of 
                clinical and scientific findings; and
                    (E) may replicate the findings of consortia members 
                or other researchers for scientific and translational 
                purposes.
            (3) Coordination of consortia; reports.--The Director may, 
        as appropriate, provide for the coordination of information 
        among consortia under paragraph (1) and ensure regular 
        communication between members of the consortia, and may require 
        the periodic preparation of reports on the activities of the 
        consortia and the submission of the reports to the Director.
            (4) Organization of consortia.--Each consortium under 
        paragraph (1) may use the facilities of a single lead 
        institution, or be formed from several cooperating 
        institutions, meeting such requirements as may be prescribed by 
        the Director.
    (c) Public Input.--The Director may provide for a mechanism to 
educate and disseminate information on the existing and planned 
programs and research activities of the National Institutes of Health 
with respect to paralysis and through which the Director can receive 
comments from the public regarding such programs and activities.

          PART II--PARALYSIS REHABILITATION RESEARCH AND CARE

SEC. 1121. EXPANSION AND COORDINATION OF ACTIVITIES OF THE NATIONAL 
              INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH WITH 
              IMPLICATIONS FOR ENHANCING DAILY FUNCTION FOR PERSONS 
              WITH PARALYSIS.

    (a) In General.--The Director, pursuant to the general authority of 
the Director, may make awards of grants to public or private entities 
to pay all or part of the costs of planning, establishing, improving, 
and providing basic operating support to multicenter networks of 
clinical sites that will collaborate to design clinical rehabilitation 
intervention protocols and measures of outcomes on one or more forms of 
paralysis that result from central nervous system trauma, disorders, or 
stroke, or any combination of such conditions.
    (b) Research.--Each multicenter clinical trial network may--
            (1) focus on areas of key scientific concern, including--
                    (A) improving functional mobility;
                    (B) promoting behavioral adaptation to functional 
                losses, especially to prevent secondary complications;
                    (C) assessing the efficacy and outcomes of medical 
                rehabilitation therapies and practices and assisting 
                technologies;
                    (D) developing improved assistive technology to 
                improve function and independence; and
                    (E) understanding whole body system responses to 
                physical impairments, disabilities, and societal and 
                functional limitations; and
            (2) replicate the findings of network members for 
        scientific and translation purposes.
    (c) Coordination of Clinical Trials Networks; Reports.--The 
Director may, as appropriate, provide for the coordination of 
information among networks and ensure regular communication between 
members of the networks, and may require the periodic preparation of 
reports on the activities of the networks and submission of reports to 
the Director.

  PART III--IMPROVING QUALITY OF LIFE FOR PERSONS WITH PARALYSIS AND 
                      OTHER PHYSICAL DISABILITIES

SEC. 1131. PROGRAMS TO IMPROVE QUALITY OF LIFE FOR PERSONS WITH 
              PARALYSIS AND OTHER PHYSICAL DISABILITIES.

    (a) In General.--The Secretary of Health and Human Services (in 
this part referred to as the ``Secretary'') may study the unique health 
challenges associated with paralysis and other physical disabilities 
and carry out projects and interventions to improve the quality of life 
and long-term health status of persons with paralysis and other 
physical disabilities. The Secretary may carry out such projects 
directly and through awards of grants or contracts.
    (b) Certain Activities.--Activities under subsection (a) may 
include--
            (1) the development of a national paralysis and physical 
        disability quality of life action plan, to promote health and 
        wellness in order to enhance full participation, independent 
        living, self-sufficiency and equality of opportunity in 
        partnership with voluntary health agencies focused on paralysis 
        and other physical disabilities, to be carried out in 
        coordination with the State-based Disability and Health Program 
        of the Centers for Disease Control and Prevention;
            (2) support for programs to disseminate information 
        involving care and rehabilitation options and quality of life 
        grant programs supportive of community based programs and 
        support systems for persons with paralysis and other physical 
        disabilities;
            (3) in collaboration with other centers and national 
        voluntary health agencies, establish a population-based 
        database that may be used for longitudinal and other research 
        on paralysis and other disabling conditions; and
            (4) the replication and translation of best practices and 
        the sharing of information across States, as well as the 
        development of comprehensive, unique and innovative programs, 
        services, and demonstrations within existing State-based 
        disability and health programs of the Centers for Disease 
        Control and Prevention which are designed to support and 
        advance quality of life programs for persons living with 
        paralysis and other physical disabilities focusing on--
                    (A) caregiver education;
                    (B) promoting proper nutrition, increasing physical 
                activity, and reducing tobacco use;
                    (C) education and awareness programs for health 
                care providers;
                    (D) prevention of secondary complications;
                    (E) home and community-based interventions;
                    (F) coordinating services and removing barriers 
                that prevent full participation and integration into 
                the community; and
                    (G) recognizing the unique needs of underserved 
                populations.
    (c) Grants.--The Secretary may award grants in accordance with the 
following:
            (1) To State and local health and disability agencies for 
        the purpose of--
                    (A) establishing a population-based database that 
                may be used for longitudinal and other research on 
                paralysis and other disabling conditions;
                    (B) developing comprehensive paralysis and other 
                physical disability action plans and activities focused 
                on the items listed in subsection (b)(4);
                    (C) assisting State-based programs in establishing 
                and implementing partnerships and collaborations that 
                maximize the input and support of people with paralysis 
                and other physical disabilities and their constituent 
                organizations;
                    (D) coordinating paralysis and physical disability 
                activities with existing State-based disability and 
                health programs;
                    (E) providing education and training opportunities 
                and programs for health professionals and allied 
                caregivers; and
                    (F) developing, testing, evaluating, and 
                replicating effective intervention programs to maintain 
                or improve health and quality of life.
            (2) To private health and disability organizations for the 
        purpose of--
                    (A) disseminating information to the public;
                    (B) improving access to services for persons living 
                with paralysis and other physical disabilities and 
                their caregivers;
                    (C) testing model intervention programs to improve 
                health and quality of life; and
                    (D) coordinating existing services with State-based 
                disability and health programs.
    (d) Coordination of Activities.--The Secretary shall ensure that 
activities under this section are coordinated as appropriate with other 
agencies of the Department of Health and Human Services.
    (e) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $25,000,000 
for each of fiscal years 2009 through 2012.

        Subtitle C--Stroke Treatment and Ongoing Prevention Act

SEC. 1201. SHORT TITLE.

    This subtitle may be cited as the ``Stroke Treatment and Ongoing 
Prevention Act''.

SEC. 1202. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT REGARDING STROKE 
              PROGRAMS.

    (a) Stroke Education and Information Programs.--Title III of the 
Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding 
at the end the following:

 ``PART S--STROKE EDUCATION, INFORMATION, AND DATA COLLECTION PROGRAMS

``SEC. 399FF. STROKE PREVENTION AND EDUCATION CAMPAIGN.

    ``(a) In General.--The Secretary shall carry out an education and 
information campaign to promote stroke prevention and increase the 
number of stroke patients who seek immediate treatment.
    ``(b) Authorized Activities.--In implementing the education and 
information campaign under subsection (a), the Secretary may--
            ``(1) make public service announcements about the warning 
        signs of stroke and the importance of treating stroke as a 
        medical emergency;
            ``(2) provide education regarding ways to prevent stroke 
        and the effectiveness of stroke treatment; and
            ``(3) carry out other activities that the Secretary 
        determines will promote prevention practices among the general 
        public and increase the number of stroke patients who seek 
        immediate care.
    ``(c) Measurements.--In implementing the education and information 
campaign under subsection (a), the Secretary shall--
            ``(1) measure public awareness before the start of the 
        campaign to provide baseline data that will be used to evaluate 
        the effectiveness of the public awareness efforts;
            ``(2) establish quantitative benchmarks to measure the 
        impact of the campaign over time; and
            ``(3) measure the impact of the campaign not less than once 
        every 2 years or, if determined appropriate by the Secretary, 
        at shorter intervals.
    ``(d) No Duplication of Effort.--In carrying out this section, the 
Secretary shall avoid duplicating existing stroke education efforts by 
other Federal Government agencies.
    ``(e) Consultation.--In carrying out this section, the Secretary 
may consult with organizations and individuals with expertise in stroke 
prevention, diagnosis, treatment, and rehabilitation.

``SEC. 399GG. PAUL COVERDELL NATIONAL ACUTE STROKE REGISTRY AND 
              CLEARINGHOUSE.

    ``The Secretary, acting through the Centers for Disease Control and 
Prevention, shall maintain the Paul Coverdell National Acute Stroke 
Registry and Clearinghouse by--
            ``(1) continuing to develop and collect specific data 
        points and appropriate benchmarks for analyzing care of acute 
        stroke patients;
            ``(2) collecting, compiling, and disseminating information 
        on the achievements of, and problems experienced by, State and 
        local agencies and private entities in developing and 
        implementing emergency medical systems and hospital-based 
        quality of care interventions; and
            ``(3) carrying out any other activities the Secretary 
        determines to be useful to maintain the Paul Coverdell National 
        Acute Stroke Registry and Clearinghouse to reflect the latest 
        advances in all forms of stroke care.

``SEC. 399HH. STROKE DEFINITION.

    ``For purposes of this part, the term `stroke' means a `brain 
attack' in which blood flow to the brain is interrupted or in which a 
blood vessel or aneurysm in the brain breaks or ruptures.

``SEC. 399II. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this part 
$5,000,000 for each of fiscal years 2009 through 2013.''.
    (b) Emergency Medical Professional Development.--Section 1251 of 
the Public Health Service Act (42 U.S.C. 300d-51) is amended to read as 
follows:

``SEC. 1251. MEDICAL PROFESSIONAL DEVELOPMENT IN ADVANCED STROKE AND 
              TRAUMATIC INJURY TREATMENT AND PREVENTION.

    ``(a) Residency and Other Professional Training.--The Secretary may 
make grants to public and nonprofit entities for the purpose of 
planning, developing, and enhancing approved residency training 
programs and other professional training for appropriate health 
professions in emergency medicine, including emergency medical services 
professionals, to improve stroke and traumatic injury prevention, 
diagnosis, treatment, and rehabilitation.
    ``(b) Continuing Education on Stroke and Traumatic Injury.--
            ``(1) Grants.--The Secretary, acting through the 
        Administrator of the Health Resources and Services 
        Administration, may make grants to qualified entities for the 
        development and implementation of education programs for 
        appropriate health care professionals in the use of newly 
        developed diagnostic approaches, technologies, and therapies 
        for health professionals involved in the prevention, diagnosis, 
        treatment, and rehabilitation of stroke or traumatic injury.
            ``(2) Distribution of grants.--In awarding grants under 
        this subsection, the Secretary shall give preference to 
        qualified entities that will train health care professionals 
        that serve areas with a significant incidence of stroke or 
        traumatic injuries.
            ``(3) Application.--A qualified entity desiring a grant 
        under this subsection shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require, including a plan for 
        the rigorous evaluation of activities carried out with amounts 
        received under the grant.
            ``(4) Definitions.--For purposes of this subsection:
                    ``(A) The term `qualified entity' means a 
                consortium of public and private entities, such as 
                universities, academic medical centers, hospitals, and 
                emergency medical systems that are coordinating 
                education activities among providers serving in a 
                variety of medical settings.
                    ``(B) The term `stroke' means a `brain attack' in 
                which blood flow to the brain is interrupted or in 
                which a blood vessel or aneurysm in the brain breaks or 
                ruptures.
    ``(c) Report.--Not later than 1 year after the allocation of grants 
under this section, the Secretary shall submit to the Committee on 
Health, Education, Labor, and Pensions of the Senate and the Committee 
on Energy and Commerce of the House of Representatives a report on the 
results of activities carried out with amounts received under this 
section.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $4,000,000 for each of fiscal 
years 2009 through 2013. The Secretary shall equitably allocate the 
funds authorized to be appropriated under this section between efforts 
to address stroke and efforts to address traumatic injury.''.

SEC. 1203. PILOT PROJECT ON TELEHEALTH STROKE TREATMENT.

    (a) Establishment.--Part D of title III of the Public Health 
Service Act (42 U.S.C. 254b et seq.) is amended by inserting after 
section 330L the following:

``SEC. 330M. TELEHEALTH STROKE TREATMENT GRANT PROGRAM.

    ``(a) Grants.--The Secretary may make grants to States, and to 
consortia of public and private entities located in any State that is 
not a grantee under this section, to conduct a 5-year pilot project 
over the period of fiscal years 2008 through 2012 to improve stroke 
patient outcomes by coordinating health care delivery through 
telehealth networks.
    ``(b) Administration.--The Secretary shall administer this section 
through the Director of the Office for the Advancement of Telehealth.
    ``(c) Consultation.--In carrying out this section, for the purpose 
of better coordinating program activities, the Secretary shall consult 
with--
            ``(1) officials responsible for other Federal programs 
        involving stroke research and care, including such programs 
        established by the Stroke Treatment and Ongoing Prevention Act; 
        and
            ``(2) organizations and individuals with expertise in 
        stroke prevention, diagnosis, treatment, and rehabilitation.
    ``(d) Use of Funds.--
            ``(1) In general.--The Secretary may not make a grant to a 
        State or a consortium under this section unless the State or 
        consortium agrees to use the grant for the purpose of--
                    ``(A) identifying entities with expertise in the 
                delivery of high-quality stroke prevention, diagnosis, 
                treatment, and rehabilitation;
                    ``(B) working with those entities to establish or 
                improve telehealth networks to provide stroke treatment 
                assistance and resources to health care professionals, 
                hospitals, and other individuals and entities that 
                serve stroke patients;
                    ``(C) informing emergency medical systems of the 
                location of entities identified under subparagraph (A) 
                to facilitate the appropriate transport of individuals 
                with stroke symptoms;
                    ``(D) establishing networks to coordinate 
                collaborative activities for stroke prevention, 
                diagnosis, treatment, and rehabilitation;
                    ``(E) improving access to high-quality stroke care, 
                especially for populations with a shortage of stroke 
                care specialists and populations with a high incidence 
                of stroke; and
                    ``(F) conducting ongoing performance and quality 
                evaluations to identify collaborative activities that 
                improve clinical outcomes for stroke patients.
            ``(2) Establishment of consortium.--The Secretary may not 
        make a grant to a State under this section unless the State 
        agrees to establish a consortium of public and private 
        entities, including universities and academic medical centers, 
        to carry out the activities described in paragraph (1).
            ``(3) Prohibition.--The Secretary may not make a grant 
        under this section to a State that has an existing telehealth 
        network that is or may be used for improving stroke prevention, 
        diagnosis, treatment, and rehabilitation, or to a consortium 
        located in such a State, unless the State or consortium agrees 
        that--
                    ``(A) the State or consortium will use an existing 
                telehealth network to achieve the purpose of the grant; 
                and
                    ``(B) the State or consortium will not establish a 
                separate network for such purpose.
    ``(e) Priority.--In selecting grant recipients under this section, 
the Secretary shall give priority to any applicant that submits a plan 
demonstrating how the applicant, and where applicable the members of 
the consortium described in subsection (d)(2), will use the grant to 
improve access to high-quality stroke care for populations with 
shortages of stroke-care specialists and populations with a high 
incidence of stroke.
    ``(f) Grant Period.--The Secretary may not award a grant to a State 
or a consortium under this section for any period that--
            ``(1) is greater than 3 years; or
            ``(2) extends beyond the end of fiscal year 2012.
    ``(g) Restriction on Number of Grants.--In carrying out the 5-year 
pilot project under this section, the Secretary may not award more than 
7 grants.
    ``(h) Application.--To seek a grant under this section, a State or 
a consortium of public and private entities shall submit an application 
to the Secretary in such form, in such manner, and containing such 
information as the Secretary may require. At a minimum, the Secretary 
shall require each such application to outline how the State or 
consortium will establish baseline measures and benchmarks to evaluate 
program outcomes.
    ``(i) Definition.--In this section, the term `stroke' means a 
`brain attack' in which blood flow to the brain is interrupted or in 
which a blood vessel or aneurysm in the brain breaks or ruptures.
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for fiscal year 
2009, $13,000,000 for fiscal year 2010, $15,000,000 for fiscal year 
2011, $8,000,000 for fiscal year 2012, and $4,000,000 for fiscal year 
2013.''.
    (b) Study; Reports.--
            (1) Final report.--Not later than March 31, 2014, the 
        Secretary of Health and Human Services shall conduct a study of 
        the results of the telehealth stroke treatment grant program 
        under section 330M of the Public Health Service Act (added by 
        subsection (a)) and submit to the Congress a report on such 
        results that includes the following:
                    (A) An evaluation of the grant program outcomes, 
                including quantitative analysis of baseline and 
                benchmark measures.
                    (B) Recommendations on how to promote stroke 
                networks in ways that improve access to clinical care 
                in rural and urban areas and reduce the incidence of 
                stroke and the debilitating and costly complications 
                resulting from stroke.
                    (C) Recommendations on whether similar telehealth 
                grant programs could be used to improve patient 
                outcomes in other public health areas.
            (2) Interim reports.--The Secretary of Health and Human 
        Services may provide interim reports to the Congress on the 
        telehealth stroke treatment grant program under section 330M of 
        the Public Health Service Act (added by subsection (a)) at such 
        intervals as the Secretary determines to be appropriate.

SEC. 1204. RULE OF CONSTRUCTION.

    Nothing in this subtitle shall be construed to authorize the 
Secretary of Health and Human Services to establish Federal standards 
for the treatment of patients or the licensure of health care 
professionals.

             Subtitle D--Melanie Blocker Stokes MOTHERS Act

SEC. 1301. SHORT TITLE.

    This title may be cited as the ``Melanie Blocker Stokes Mom's 
Opportunity to Access Health, Education, Research, and Support for 
Postpartum Depression Act'' or the ``Melanie Blocker Stokes MOTHERS 
Act''.

               PART I--RESEARCH ON POSTPARTUM CONDITIONS

SEC. 1311. EXPANSION AND INTENSIFICATION OF ACTIVITIES.

    (a) Definitions.--For purposes of this subtitle--
            (1) the term ``postpartum conditions'' means postpartum 
        depression and postpartum psychosis; and
            (2) the term ``Secretary'' means the Secretary of Health 
        and Human Services.
    (b) Continuation of Activities.--The Secretary is encouraged to 
continue activities on postpartum conditions.
    (c) Programs for Postpartum Conditions.--In carrying out subsection 
(b), the Secretary is encouraged to continue research to expand the 
understanding of the causes of, and treatments for, postpartum 
conditions. Activities under such subsection shall include conducting 
and supporting the following:
            (1) Basic research concerning the etiology and causes of 
        the conditions.
            (2) Epidemiological studies to address the frequency and 
        natural history of the conditions and the differences among 
        racial and ethnic groups with respect to the conditions.
            (3) The development of improved screening and diagnostic 
        techniques.
            (4) Clinical research for the development and evaluation of 
        new treatments.
            (5) Information and education programs for health care 
        professionals and the public, which may include a coordinated 
        national campaign to increase the awareness and knowledge of 
        postpartum conditions. Activities under such a national 
        campaign may--
                    (A) include public service announcements through 
                television, radio, and other means; and
                    (B) focus on--
                            (i) raising awareness about screening;
                            (ii) educating new mothers and their 
                        families about postpartum conditions to promote 
                        earlier diagnosis and treatment; and
                            (iii) ensuring that such education includes 
                        complete information concerning postpartum 
                        conditions, including its symptoms, methods of 
                        coping with the illness, and treatment 
                        resources.

SEC. 1312. SENSE OF CONGRESS REGARDING LONGITUDINAL STUDY OF RELATIVE 
              MENTAL HEALTH CONSEQUENCES FOR WOMEN OF RESOLVING A 
              PREGNANCY.

    (a) Sense of Congress.--It is the sense of Congress that the 
Director of the National Institute of Mental Health may conduct a 
nationally representative longitudinal study (during the period of 
fiscal years 2008 through 2018) of the relative mental health 
consequences for women of resolving a pregnancy (intended and 
unintended) in various ways, including carrying the pregnancy to term 
and parenting the child, carrying the pregnancy to term and placing the 
child for adoption, miscarriage, and having an abortion. This study may 
assess the incidence, timing, magnitude, and duration of the immediate 
and long-term mental health consequences (positive or negative) of 
these pregnancy outcomes.
    (b) Report.--Subject to the completion of the study under 
subsection (a), beginning not later than 5 years after the date of the 
enactment of this Act, and periodically thereafter for the duration of 
the study, such Director may prepare and submit to the Congress reports 
on the findings of the study.

     PART II--DELIVERY OF SERVICES REGARDING POSTPARTUM CONDITIONS

SEC. 1321. ESTABLISHMENT OF PROGRAM OF GRANTS.

    (a) In General.--The Secretary may in accordance with this part 
make grants to provide for projects for the establishment, operation, 
and coordination of effective and cost-efficient systems for the 
delivery of essential services to individuals with a postpartum 
condition and their families.
    (b) Recipients of Grant.--A grant under subsection (a) may be made 
to an entity only if the entity is a public or nonprofit private 
entity, which may include a State or local government, a public-private 
partnership, a recipient of a grant under the Healthy Start program 
under section 330H of the Public Health Service Act (42 U.S.C. 254c-8), 
a public or nonprofit private hospital, community-based organization, 
hospice, ambulatory care facility, community health center, migrant 
health center, public housing primary care center, or homeless health 
center, or any other appropriate public or nonprofit private entity.
    (c) Certain Activities.--To the extent practicable and appropriate, 
the Secretary shall ensure that projects under subsection (a) provide 
education and services with respect to the diagnosis and management of 
postpartum conditions. Activities that the Secretary may authorize for 
such projects may also include the following:
            (1) Delivering or enhancing outpatient and home-based 
        health and support services, including case management and 
        comprehensive treatment services for individuals with or at 
        risk for postpartum conditions, and delivering or enhancing 
        support services for their families.
            (2) Delivering or enhancing inpatient care management 
        services that ensure the well-being of the mother and family 
        and the future development of the infant.
            (3) Improving the quality, availability, and organization 
        of health care and support services (including transportation 
        services, attendant care, homemaker services, day or respite 
        care, and providing counseling on financial assistance and 
        insurance) for individuals with a postpartum condition and 
        support services for their families.
            (4) Providing education to new mothers and, as appropriate, 
        their families about postpartum conditions to promote earlier 
        diagnosis and treatment. Such education may include--
                    (A) providing complete information on postpartum 
                conditions, symptoms, methods of coping with the 
                illness, and treatment resources; and
                    (B) in the case of a grantee that is a State, 
                hospital, or birthing facility--
                            (i) providing education to new mothers and 
                        fathers, and other family members as 
                        appropriate, concerning postpartum conditions 
                        before new mothers leave the health facility; 
                        and
                            (ii) ensuring that training programs 
                        regarding such education are carried out at the 
                        health facility.
    (d) Integration With Other Programs.--To the extent practicable and 
appropriate, the Secretary may integrate the program under this part 
with other grant programs carried out by the Secretary, including the 
program under section 330 of the Public Health Service Act.

SEC. 1322. CERTAIN REQUIREMENTS.

    A grant may be made under section 1321 only if the applicant 
involved makes the following agreements:
            (1) Not more than 5 percent of the grant will be used for 
        administration, accounting, reporting, and program oversight 
        functions.
            (2) The grant will be used to supplement and not supplant 
        funds from other sources related to the treatment of postpartum 
        conditions.
            (3) The applicant will abide by any limitations deemed 
        appropriate by the Secretary on any charges to individuals 
        receiving services pursuant to the grant. As deemed appropriate 
        by the Secretary, such limitations on charges may vary based on 
        the financial circumstances of the individual receiving 
        services.
            (4) The grant will not be expended to make payment for 
        services authorized under section 1321(a) to the extent that 
        payment has been made, or can reasonably be expected to be 
        made, with respect to such services--
                    (A) under any State compensation program, under an 
                insurance policy, or under any Federal or State health 
                benefits program; or
                    (B) by an entity that provides health services on a 
                prepaid basis.
            (5) The applicant will, at each site at which the applicant 
        provides services under section 1321(a), post a conspicuous 
        notice informing individuals who receive the services of any 
        Federal policies that apply to the applicant with respect to 
        the imposition of charges on such individuals.
            (6) For each grant period, the applicant will submit to the 
        Secretary a report that describes how grant funds were used 
        during such period.

SEC. 1323. TECHNICAL ASSISTANCE.

    The Secretary may provide technical assistance to assist entities 
in complying with the requirements of this part in order to make such 
entities eligible to receive grants under section 1321.

                      PART III--GENERAL PROVISIONS

SEC. 1331. AUTHORIZATION OF APPROPRIATIONS.

    To carry out this subtitle and the amendments made by this 
subtitle, there are authorized to be appropriated, in addition to such 
other sums as may be available for such purpose--
            (1) $3,000,000 for fiscal year 2009; and
            (2) such sums as may be necessary for fiscal years 2010 and 
        2011.

SEC. 1332. REPORT BY THE SECRETARY.

    (a) Study.--The Secretary shall conduct a study on the benefits of 
screening for postpartum conditions.
    (b) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Secretary shall complete the study required by 
subsection (a) and submit a report to the Congress on the results of 
such study.

SEC. 1333. LIMITATION.

    Notwithstanding any other provision of this subtitle, the Secretary 
may not utilize amounts made available under subtitle to carry out 
activities or programs that are duplicative of activities or programs 
that are currently being carried out through the Department of Health 
and Human Services.

              Subtitle E--Vision Care for Kids Act of 2008

SEC. 1401. SHORT TITLE.

    The subtitle may be cited as the ``Vision Care for Kids Act of 
2008''.

SEC. 1402. FINDINGS.

    Congress makes the following findings:
            (1) Millions of children in the United States suffer from 
        vision problems, many of which go undetected. Because children 
        with vision problems can struggle developmentally, resulting in 
        physical, emotional, and social consequences, good vision is 
        essential for proper physical development and educational 
        progress.
            (2) Vision problems in children range from common 
        conditions such as refractive errors, amblyopia, strabismus, 
        ocular trauma, and infections, to rare but potentially life- or 
        sight-threatening problems such as retinoblastoma, infantile 
        cataracts, congenital glaucoma, and genetic or metabolic 
        diseases of the eye.
            (3) Since many serious ocular conditions are treatable if 
        identified in the preschool and early school-age years, early 
        detection provides the best opportunity for effective treatment 
        and can have far-reaching implications for vision.
            (4) Various identification methods, including vision 
        screening and comprehensive eye examinations required by State 
        laws, can be helpful in identifying children needing services. 
        A child identified as needing services through vision screening 
        should receive a comprehensive eye examination followed by 
        subsequent treatment as needed. Any child identified as needing 
        services should have access to subsequent treatment as needed.
            (5) There is a need to increase public awareness about the 
        prevalence and devastating consequences of vision disorders in 
        children and to educate the public and health care providers 
        about the warning signs and symptoms of ocular and vision 
        disorders and the benefits of early detection, evaluation, and 
        treatment.

SEC. 1403. GRANTS REGARDING VISION CARE FOR CHILDREN.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary''), acting through the 
Director of the Centers for Disease Control and Prevention, may award 
grants to States on the basis of an established review process for the 
purpose of complementing existing State efforts for--
            (1) providing comprehensive eye examinations by a licensed 
        optometrist or ophthalmologist for children who have been 
        previously identified through a vision screening or eye 
        examination by a licensed health care provider or vision 
        screener as needing such services, with priority given to 
        children who are under the age of 9 years;
            (2) providing treatment or services, subsequent to the 
        examinations described in paragraph (1), necessary to correct 
        vision problems; and
            (3) developing and disseminating, to parents, teachers, and 
        health care practitioners, educational materials on recognizing 
        signs of visual impairment in children.
    (b) Criteria and Coordination.--
            (1) Criteria.--The Secretary, in consultation with 
        appropriate professional and patient organizations including 
        individuals with knowledge of age appropriate vision services, 
        shall develop criteria--
                    (A) governing the operation of the grant program 
                under subsection (a); and
                    (B) for the collection of data related to vision 
                assessment and the utilization of follow-up services.
            (2) Coordination.--The Secretary shall, as appropriate, 
        coordinate the program under subsection (a) with the program 
        under section 330 of the Public Health Service Act (relating to 
        health centers) (42 U.S.C. 254b), the program under title XIX 
        of the Social Security Act (relating to the Medicaid program) 
        (42 U.S.C. 1396 et seq.), the program under title XXI of such 
        Act (relating to the State children's health insurance program) 
        (42 U.S.C. 1397aa et seq.), and with other Federal or State 
        programs that provide services to children.
    (c) Application.--To be eligible to receive a grant under 
subsection (a), a State shall submit to the Secretary an application in 
such form, made in such manner, and containing such information as the 
Secretary may require, including--
            (1) information on existing Federal, Federal-State, or 
        State-funded children's vision programs;
            (2) a plan for the use of grant funds, including how funds 
        will be used to complement existing State efforts (including 
        possible partnerships with non-profit entities);
            (3) a plan to determine if a grant eligible child has been 
        identified as provided for in subsection (a); and
            (4) a description of how funds will be used to provide 
        items or services, only as a secondary payer--
                    (A) for an eligible child, to the extent that the 
                child is not covered for the items or services under 
                any State compensation program, under an insurance 
                policy, or under any Federal or State health benefits 
                program; or
                    (B) for an eligible child, to the extent that the 
                child receives the items or services from an entity 
                that provides health services on a prepaid basis.
    (d) Evaluations.--To be eligible to receive a grant under 
subsection (a), a State shall agree that, not later than 1 year after 
the date on which amounts under the grant are first received by the 
State, and annually thereafter while receiving amounts under the grant, 
the State will submit to the Secretary an evaluation of the operations 
and activities carried out under the grant, including--
            (1) an assessment of the utilization of vision services and 
        the status of children receiving these services as a result of 
        the activities carried out under the grant;
            (2) the collection, analysis, and reporting of children's 
        vision data according to guidelines prescribed by the 
        Secretary; and
            (3) such other information as the Secretary may require.
    (e) Limitations in Expenditure of Grant.--A grant may be made under 
subsection (a) only if the State involved agrees that the State will 
not expend more than 20 percent of the amount received under the grant 
to carry out the purpose described in paragraph (3) of such subsection.
    (f) Matching Funds.--
            (1) In general.--With respect to the costs of the 
        activities to be carried out with a grant under subsection (a), 
        a condition for the receipt of the grant is that the State 
        involved agrees to make available (directly or through 
        donations from public or private entities) non-Federal 
        contributions toward such costs in an amount that is not less 
        than 25 percent of such costs.
            (2) Determination of amount contributed.--Non-Federal 
        contributions required in paragraph (1) may be in cash or in 
        kind, fairly evaluated, including plant, equipment, or 
        services. Amounts provided by the Federal Government, or 
        services assisted or subsidized to any significant extent by 
        the Federal Government, may not be included in determining the 
        amount of such non-Federal contributions.
    (g) Definition.--For purposes of this section, the term 
``comprehensive eye examination'' includes an assessment of a patient's 
history, general medical observation, external and ophthalmoscopic 
examination, visual acuity, ocular alignment and motility, refraction, 
and as appropriate, binocular vision or gross visual fields, performed 
by an optometrist or an ophthalmologist.
    (h) Authorization of Appropriations.--For the purpose of carrying 
out this section, there is authorized to be appropriated $65,000,000 
for the period of fiscal years 2009 through 2013.

 Subtitle F--Prenatally and Postnatally Diagnosed Conditions Awareness 
                                  Act

SEC. 1501. SHORT TITLE.

    This subtitle may be cited As the ``Prenatally and Postnatally 
Diagnosed Conditions Awareness Act''.

SEC. 1502. PURPOSES.

    It is the purpose of this subtitle to--
            (1) increase patient referrals to providers of key support 
        services for women who have received a positive diagnosis for 
        Down syndrome, or other prenatally or postnatally diagnosed 
        conditions, as well as to provide up-to-date information on the 
        range of outcomes for individuals living with the diagnosed 
        condition, including physical, developmental, educational, and 
        psychosocial outcomes;
            (2) strengthen existing networks of support through the 
        Centers for Disease Control and Prevention, the Health 
        Resources and Services Administration, and other patient and 
        provider outreach programs; and
            (3) ensure that patients receive up-to-date, evidence-based 
        information about the accuracy of the test.

SEC. 1503. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.), as amended by section 1002, is further amended by adding 
at the end the following:

``SEC. 399S. SUPPORT FOR PATIENTS RECEIVING A POSITIVE DIAGNOSIS OF 
              DOWN SYNDROME OR OTHER PRENATALLY OR POSTNATALLY 
              DIAGNOSED CONDITIONS.

    ``(a) Definitions.--In this section:
            ``(1) Down syndrome.--The term `Down syndrome' refers to a 
        chromosomal disorder caused by an error in cell division that 
        results in the presence of an extra whole or partial copy of 
        chromosome 21.
            ``(2) Health care provider.--The term `health care 
        provider' means any person or entity required by State or 
        Federal law or regulation to be licensed, registered, or 
        certified to provide health care services, and who is so 
        licensed, registered, or certified.
            ``(3) Postnatally diagnosed condition.--The term 
        `postnatally diagnosed condition' means any health condition 
        identified during the 12-month period beginning at birth.
            ``(4) Prenatally diagnosed condition.--The term `prenatally 
        diagnosed condition' means any fetal health condition 
        identified by prenatal genetic testing or prenatal screening 
        procedures.
            ``(5) Prenatal test.--The term `prenatal test' means 
        diagnostic or screening tests offered to pregnant women seeking 
        routine prenatal care that are administered on a required or 
        recommended basis by a health care provider based on medical 
        history, family background, ethnic background, previous test 
        results, or other risk factors.
    ``(b) Information and Support Services.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the National Institutes of Health, the Director of 
        the Centers for Disease Control and Prevention, or the 
        Administrator of the Health Resources and Services 
        Administration, may authorize and oversee certain activities, 
        including the awarding of grants, contracts or cooperative 
        agreements to eligible entities, to--
                    ``(A) collect, synthesize, and disseminate current 
                evidence-based information relating to Down syndrome or 
                other prenatally or postnatally diagnosed conditions; 
                and
                    ``(B) coordinate the provision of, and access to, 
                new or existing supportive services for patients 
                receiving a positive diagnosis for Down syndrome or 
                other prenatally or postnatally diagnosed conditions, 
                including--
                            ``(i) the establishment of a resource 
                        telephone hotline accessible to patients 
                        receiving a positive test result or to the 
                        parents of newly diagnosed infants with Down 
                        syndrome and other diagnosed conditions;
                            ``(ii) the expansion and further 
                        development of the National Dissemination 
                        Center for Children with Disabilities, so that 
                        such Center can more effectively conduct 
                        outreach to new and expecting parents and 
                        provide them with up-to-date information on the 
                        range of outcomes for individuals living with 
                        the diagnosed condition, including physical, 
                        developmental, educational, and psychosocial 
                        outcomes;
                            ``(iii) the expansion and further 
                        development of national and local peer-support 
                        programs, so that such programs can more 
                        effectively serve women who receive a positive 
                        diagnosis for Down syndrome or other prenatal 
                        conditions or parents of infants with a 
                        postnatally diagnosed condition;
                            ``(iv) the establishment of a national 
                        registry, or network of local registries, of 
                        families willing to adopt newborns with Down 
                        syndrome or other prenatally or postnatally 
                        diagnosed conditions, and links to adoption 
                        agencies willing to place babies with Down 
                        syndrome or other prenatally or postnatally 
                        diagnosed conditions, with families willing to 
                        adopt; and
                            ``(v) the establishment of awareness and 
                        education programs for health care providers 
                        who provide, interpret, or inform parents of 
                        the results of prenatal tests for Down syndrome 
                        or other prenatally or postnatally diagnosed 
                        conditions, to patients, consistent with the 
                        purpose described in section 2(b)(1) of the 
                        Prenatally and Postnatally Diagnosed Conditions 
                        Awareness Act.
            ``(2) Eligible entity.--In this subsection, the term 
        `eligible entity' means--
                    ``(A) a State or a political subdivision of a 
                State;
                    ``(B) a consortium of 2 or more States or political 
                subdivisions of States;
                    ``(C) a territory;
                    ``(D) a health facility or program operated by or 
                pursuant to a contract with or grant from the Indian 
                Health Service; or
                    ``(E) any other entity with appropriate expertise 
                in prenatally and postnatally diagnosed conditions 
                (including nationally recognized disability groups), as 
                determined by the Secretary.
            ``(3) Distribution.--In distributing funds under this 
        subsection, the Secretary shall place an emphasis on funding 
        partnerships between health care professional groups and 
        disability advocacy organizations.
    ``(c) Provision of Information to Providers.--
            ``(1) In general.--A grantee under this section shall make 
        available to health care providers of parents who receive a 
        prenatal or postnatal diagnosis the following:
                    ``(A) Up-to-date, evidence-based, written 
                information concerning the range of outcomes for 
                individuals living with the diagnosed condition, 
                including physical, developmental, educational, and 
                psychosocial outcomes.
                    ``(B) Contact information regarding support 
                services, including information hotlines specific to 
                Down syndrome or other prenatally or postnatally 
                diagnosed conditions, resource centers or 
                clearinghouses, national and local peer support groups, 
                and other education and support programs as described 
                in subsection (b)(2).
            ``(2) Informational requirements.--Information provided 
        under this subsection shall be--
                    ``(A) culturally and linguistically appropriate as 
                needed by women receiving a positive prenatal diagnosis 
                or the family of infants receiving a postnatal 
                diagnosis; and
                    ``(B) approved by the Secretary.
    ``(d) Report.--Not later than 2 years after the date of enactment 
of this section, the Government Accountability Office shall submit a 
report to Congress concerning the effectiveness of current healthcare 
and family support programs serving as resources for the families of 
children with disabilities.''.

                     TITLE II--JUDICIARY PROVISIONS

          Subtitle A--Reconnecting Homeless Youth Act of 2008

SEC. 2101. SHORT TITLE.

    This subtitle may be cited as the ``Reconnecting Homeless Youth Act 
of 2008''.

SEC. 2102. FINDINGS.

    Section 302 of the Runaway and Homeless Youth Act (42 U.S.C. 5701) 
is amended--
            (1) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5), and (6), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) services to such young people should be developed and 
        provided using a positive youth development approach that 
        ensures a young person a sense of--
                    ``(A) safety and structure;
                    ``(B) belonging and membership;
                    ``(C) self-worth and social contribution;
                    ``(D) independence and control over one's life; and
                    ``(E) closeness in interpersonal relationships.''.

SEC. 2103. BASIC CENTER PROGRAM.

    (a) Services Provided.--Section 311 of the Runaway and Homeless 
Youth Act (42 U.S.C. 5711) is amended--
            (1) in subsection (a)(2)(B), by striking clause (i) and 
        inserting the following:
                            ``(i) safe and appropriate shelter provided 
                        for not to exceed 21 days; and''; and
            (2) in subsection (b)(2)--
                    (A) by striking ``(2) The'' and inserting ``(2)(A) 
                Except as provided in subparagraph (B), the'';
                    (B) by striking ``$100,000'' and inserting 
                ``$200,000'';
                    (C) by striking ``$45,000'' and inserting 
                ``$70,000''; and
                    (D) by adding at the end the following:
    ``(B) For fiscal years 2009 and 2010, the amount allotted under 
paragraph (1) with respect to a State for a fiscal year shall be not 
less than the amount allotted under paragraph (1) with respect to such 
State for fiscal year 2008.
    ``(C) Whenever the Secretary determines that any part of the amount 
allotted under paragraph (1) to a State for a fiscal year will not be 
obligated before the end of the fiscal year, the Secretary shall 
reallot such part to the remaining States for obligation for the fiscal 
year.''.
    (b) Eligibility.--Section 312(b) of the Runaway and Homeless Youth 
Act (42 U.S.C. 5712(b)) is amended--
            (1) in paragraph (11), by striking ``and'' at the end;
            (2) in paragraph (12), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(13) shall develop an adequate emergency preparedness and 
        management plan.''.

SEC. 2104. TRANSITIONAL LIVING GRANT PROGRAM.

    (a) Eligibility.--Section 322(a) of the Runaway and Homeless Youth 
Act (42 U.S.C. 5714-2(a)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``directly or indirectly'' and 
                inserting ``by grant, agreement, or contract''; and
                    (B) by striking ``services'' the first place it 
                appears and inserting ``provide, by grant, agreement, 
                or contract, services,'';
            (2) in paragraph (2), by striking ``a continuous period not 
        to exceed 540 days, except that'' and all that follows and 
        inserting the following: ``a continuous period not to exceed 
        635 days, except that a youth in a program under this part who 
        has not reached 18 years of age on the last day of the 635-day 
        period may, if otherwise qualified for the program, remain in 
        the program until the youth's 18th birthday;'';
            (3) in paragraph (14), by striking ``and'' at the end;
            (4) in paragraph (15), by striking the period and inserting 
        ``; and''; and
            (5) by adding at the end the following:
            ``(16) to develop an adequate emergency preparedness and 
        management plan.''.

SEC. 2105. GRANTS FOR RESEARCH EVALUATION, DEMONSTRATION, AND SERVICE 
              PROJECTS.

    Section 343 of the Runaway and Homeless Youth Act (42 U.S.C. 5714-
23) is amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``special consideration'' and inserting 
                ``priority'';
                    (B) in paragraph (8)--
                            (i) by striking ``to health'' and inserting 
                        ``to quality health'';
                            (ii) by striking ``mental health care'' and 
                        inserting ``behavioral health care''; and
                            (iii) by striking ``and'' at the end;
                    (C) in paragraph (9), by striking the period at the 
                end and inserting ``, including access to educational 
                and workforce programs to achieve outcomes such as 
                decreasing secondary school dropout rates, increasing 
                rates of attaining a secondary school diploma or its 
                recognized equivalent, or increasing placement and 
                retention in postsecondary education or advanced 
                workforce training programs; and''; and
                    (D) by adding at the end the following:
            ``(10) providing programs, including innovative programs, 
        that assist youth in obtaining and maintaining safe and stable 
        housing, and which may include programs with supportive 
        services that continue after the youth complete the remainder 
        of the programs.''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) In selecting among applicants for grants under subsection 
(a), the Secretary shall--
            ``(1) give priority to applicants who have experience 
        working with runaway or homeless youth; and
            ``(2) ensure that the applicants selected--
                    ``(A) represent diverse geographic regions of the 
                United States; and
                    ``(B) carry out projects that serve diverse 
                populations of runaway or homeless youth.''.

SEC. 2106. COORDINATING, TRAINING, RESEARCH, AND OTHER ACTIVITIES.

    Part D of the Runaway and Homeless Youth Act (42 U.S.C. 5714-21 et 
seq.) is amended by adding at the end the following:

``SEC. 345. PERIODIC ESTIMATE OF INCIDENCE AND PREVALENCE OF YOUTH 
              HOMELESSNESS.

    ``(a) Periodic Estimate.--Not later than 2 years after the date of 
enactment of the Reconnecting Homeless Youth Act of 2008, and at 5-year 
intervals thereafter, the Secretary, in consultation with the United 
States Interagency Council on Homelessness, shall prepare and submit to 
the Committee on Education and Labor of the House of Representatives 
and the Committee on the Judiciary of the Senate, and make available to 
the public, a report--
            ``(1) by using the best quantitative and qualitative social 
        science research methods available, containing an estimate of 
        the incidence and prevalence of runaway and homeless 
        individuals who are not less than 13 years of age but are less 
        than 26 years of age; and
            ``(2) that includes with such estimate an assessment of the 
        characteristics of such individuals.
    ``(b) Content.--The report required by subsection (a) shall 
include--
            ``(1) the results of conducting a survey of, and direct 
        interviews with, a representative sample of runaway and 
        homeless individuals who are not less than 13 years of age but 
        are less than 26 years of age, to determine past and current--
                    ``(A) socioeconomic characteristics of such 
                individuals; and
                    ``(B) barriers to such individuals obtaining--
                            ``(i) safe, quality, and affordable 
                        housing;
                            ``(ii) comprehensive and affordable health 
                        insurance and health services; and
                            ``(iii) incomes, public benefits, 
                        supportive services, and connections to caring 
                        adults; and
            ``(2) such other information as the Secretary determines, 
        in consultation with States, units of local government, and 
        national nongovernmental organizations concerned with 
        homelessness, may be useful.
    ``(c) Implementation.--If the Secretary enters into any contract 
with a non-Federal entity for purposes of carrying out subsection (a), 
such entity shall be a nongovernmental organization, or an individual, 
determined by the Secretary to have appropriate expertise in 
quantitative and qualitative social science research.''.

SEC. 2107. SEXUAL ABUSE PREVENTION PROGRAM.

    Section 351(b) of the Runaway and Homeless Youth Act (42 U.S.C. 
5714-41(b)) is amended by inserting ``public and'' after ``priority 
to''.

SEC. 2108. NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN.

    The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) is 
amended--
            (1) by redesignating part F as part G; and
            (2) by inserting after part E the following:

          ``PART F--NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN

``SEC. 361. NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN.

    ``(a) In General.--The Secretary shall, directly or through grants 
or contracts, conduct a national homeless youth awareness campaign 
(referred to in this section as the `national awareness campaign') in 
accordance with this section for purposes of--
            ``(1) increasing awareness of individuals of all ages, 
        socioeconomic backgrounds, and geographic locations, of the 
        issues facing runway and homeless youth, the resources 
        available for these youth, and the tools available for the 
        prevention of runaway and homeless youth situations; and
            ``(2) encouraging parents, guardians, educators, health 
        care professionals, social service professionals, law 
        enforcement officials, and other community members to seek to 
        prevent runaway youth and youth homelessness by assisting youth 
        in averting or resolving runaway and homeless youth situations.
    ``(b) Use of Funds.--Funds made available to carry out this section 
for the national awareness campaign may be used only for the following:
            ``(1) The dissemination of educational information and 
        materials through various media, including television, radio, 
        the Internet and related technologies, and emerging 
        technologies.
            ``(2) Partnerships, including outreach activities, with 
        national organizations concerned with youth homelessness, 
        community-based youth service organizations (including faith-
        based organizations), and government organizations, related to 
        the national awareness campaign.
            ``(3) In accordance with applicable laws (including 
        regulations), the development and placement of public service 
        announcements, in telecommunications media, including the 
        Internet and related technologies and emerging technologies, 
        that educate the public on--
                    ``(A) the issues facing runaway and homeless youth 
                (or youth considering running away); and
                    ``(B) the opportunities that adults have to assist 
                youth described in subparagraph (A).
            ``(4) Evaluation of the effectiveness of the national 
        awareness campaign.
    ``(c) Prohibitions.--None of the funds made available under section 
388(a)(5) may be obligated or expended for any of the following:
            ``(1) For activities that supplant pro bono public service 
        time donated by national or local broadcasting networks, 
        advertising agencies, or production companies, or supplant 
        other pro bono work for the national awareness campaign.
            ``(2) For partisan political purposes, or express advocacy 
        in support of or to defeat any clearly identified candidate, 
        clearly identified ballot initiative, or clearly identified 
        legislative or regulatory proposal.
            ``(3) To fund advertising that features any person seeking 
        elected office.
            ``(4) To fund advertising that does not contain a primary 
        message intended to educate the public on--
                    ``(A) the issues facing runaway and homeless youth 
                (or youth considering running away); and
                    ``(B) on the opportunities that adults have to help 
                youth described in subparagraph (A).
            ``(5) To fund advertising that solicits contributions to 
        support the national awareness campaign.
    ``(d) Financial and Performance Accountability.--The Secretary 
shall perform--
            ``(1) audits and reviews of costs of the national awareness 
        campaign, pursuant to section 304C of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 254d); and
            ``(2) an audit to determine whether the costs of the 
        national awareness campaign are allowable under section 306 of 
        such Act (41 U.S.C. 256).
    ``(e) Report.--The Secretary shall include in each report submitted 
under section 382 a summary of information about the national awareness 
campaign that describes--
            ``(1) the activities undertaken by the national awareness 
        campaign;
            ``(2) steps taken to ensure that the national awareness 
        campaign operates in an effective and efficient manner 
        consistent with the overall strategy and focus of the national 
        awareness campaign; and
            ``(3) each grant made to, or contract entered into with, a 
        particular corporation, partnership, or individual working on 
        the national awareness campaign.''.

SEC. 2109. CONFORMING AMENDMENTS.

    (a) Reports.--Section 382(a) of the Runaway and Homeless Youth Act 
(42 U.S.C. 5715(a)) is amended by striking ``, and E'' and inserting 
``, E, and F''.
    (b) Consolidated Review.--Section 385 of the Runaway and Homeless 
Youth Act (42 U.S.C. 5731a) is amended by striking ``, and E'' and 
inserting ``, E, and F''.
    (c) Evaluation and Information.--Section 386(a) of the Runaway and 
Homeless Youth Act (42 U.S.C. 5732(a)) is amended by striking ``, or 
E'' and inserting ``, E, or F''.

SEC. 2110. PERFORMANCE STANDARDS.

    Part G of the Runaway and Homeless Youth Act (42 U.S.C. 5714a et 
seq.), as redesignated by section 2108, is amended by inserting after 
section 386 the following:

``SEC. 386A. PERFORMANCE STANDARDS.

    ``(a) Establishment of Performance Standards.--Not later than 1 
year after the date of enactment of the Reconnecting Homeless Youth Act 
of 2008, the Secretary shall issue rules that specify performance 
standards for public and nonprofit private entities and agencies that 
receive grants under sections 311, 321, and 351.
    ``(b) Consultation.--The Secretary shall consult with 
representatives of public and nonprofit private entities and agencies 
that receive grants under this title, including statewide and regional 
nonprofit organizations (including combinations of such organizations) 
that receive grants under this title, and national nonprofit 
organizations concerned with youth homelessness, in developing the 
performance standards required by subsection (a).
    ``(c) Implementation of Performance Standards.--The Secretary shall 
integrate the performance standards into the processes of the 
Department of Health and Human Services for grantmaking, monitoring, 
and evaluation for programs under sections 311, 321, and 351.''.

SEC. 2111. GOVERNMENT ACCOUNTABILITY OFFICE STUDY AND REPORT.

    (a) Study.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study, including making findings and 
        recommendations, relating to the processes for making grants 
        under parts A, B, and E of the Runaway and Homeless Youth Act 
        (42 U.S.C. 5711 et seq., 5714-1 et seq., 5714-41).
            (2) Subjects.--In particular, the Comptroller General shall 
        study--
                    (A) the Secretary's written responses to and other 
                communications with applicants who do not receive 
                grants under part A, B, or E of such Act, to determine 
                if the information provided in the responses and 
                communications is conveyed clearly;
                    (B) the content and structure of the grant 
                application documents, and of other associated 
                documents (including grant announcements), to determine 
                if the requirements of the applications and other 
                associated documents are presented and structured in a 
                way that gives an applicant a clear understanding of 
                the information that the applicant must provide in each 
                portion of an application to successfully complete it, 
                and a clear understanding of the terminology used 
                throughout the application and other associated 
                documents;
                    (C) the peer review process for applications for 
                the grants, including the selection of peer reviewers, 
                the oversight of the process by staff of the Department 
                of Health and Human Services, and the extent to which 
                such staff make funding determinations based on the 
                comments and scores of the peer reviewers;
                    (D) the typical timeframe, and the process and 
                responsibilities of such staff, for responding to 
                applicants for the grants, and the efforts made by such 
                staff to communicate with the applicants when funding 
                decisions or funding for the grants is delayed, such as 
                when funding is delayed due to funding of a program 
                through appropriations made under a continuing 
                resolution; and
                    (E) the plans for implementation of, and the 
                implementation of, where practicable, the technical 
                assistance and training programs carried out under 
                section 342 of the Runaway and Homeless Youth Act (42 
                U.S.C. 5714-22), and the effect of such programs on the 
                application process for the grants.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall prepare and submit to the 
Committee on Education and Labor of the House of Representatives and 
the Committee on the Judiciary of the Senate a report containing the 
findings and recommendations resulting from the study.

SEC. 2112. DEFINITIONS.

    (a) Homeless Youth.--Section 387(3) of the Runaway and Homeless 
Youth Act (42 U.S.C. 5732a(3)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``The'' and all that follows through ``means'' and inserting 
        ``The term `homeless', used with respect to a youth, means''; 
        and
            (2) in subparagraph (A)--
                    (A) in clause (i)--
                            (i) by striking ``not more than'' each 
                        place it appears and inserting ``less than''; 
                        and
                            (ii) by inserting after ``age'' the last 
                        place it appears the following: ``, or is less 
                        than a higher maximum age if the State where 
                        the center is located has an applicable State 
                        or local law (including a regulation) that 
                        permits such higher maximum age in compliance 
                        with licensure requirements for child-and 
                        youth-serving facilities''; and
                    (B) in clause (ii), by striking ``age;'' and 
                inserting the following: ``age and either--
                                    ``(I) less than 22 years of age; or
                                    ``(II) not less than 22 years of 
                                age, as of the expiration of the 
                                maximum period of stay permitted under 
                                section 322(a)(2) if such individual 
                                commences such stay before reaching 22 
                                years of age;''.
    (b) Runaway Youth.--Section 387 of the Runaway and Homeless Youth 
Act (42 U.S.C. 5732a) is amended--
            (1) by redesignating paragraphs (4), (5), (6), and (7) as 
        paragraphs (5), (6), (7), and (8), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) Runaway youth.--The term `runaway', used with respect 
        to a youth, means an individual who is less than 18 years of 
        age and who absents himself or herself from home or a place of 
        legal residence without the permission of a parent or legal 
        guardian.''.

SEC. 2113. AUTHORIZATION OF APPROPRIATIONS.

    Section 388(a) of the Runaway and Homeless Youth Act (42 U.S.C. 
5751(a)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``is authorized'' and inserting 
                ``are authorized'';
                    (B) by striking ``part E) $105,000,000 for fiscal 
                year 2004'' and inserting ``section 345 and parts E and 
                F) $150,000,000 for fiscal year 2009''; and
                    (C) by striking ``2005, 2006, 2007, and 2008'' and 
                inserting ``2010, 2011, 2012, and 2013'';
            (2) in paragraph (3)--
                    (A) by striking ``In'' and inserting the following:
                    ``(A) In general.--In'';
                    (B) by inserting ``(other than section 345)'' 
                before the period; and
                    (C) by adding at the end the following:
                    ``(B) Periodic estimate.--There are authorized to 
                be appropriated to carry out section 345 such sums as 
                may be necessary for fiscal years 2009, 2010, 2011, 
                2012, and 2013.'';
            (3) in paragraph (4)--
                    (A) by striking ``is authorized'' and inserting 
                ``are authorized''; and
                    (B) by striking ``such sums as may be necessary for 
                fiscal years 2004, 2005, 2006, 2007, and 2008'' and 
                inserting ``$30,000,000 for fiscal year 2009 and such 
                sums as may be necessary for fiscal years 2010, 2011, 
                2012, and 2013''; and
            (4) by adding at the end the following:
            ``(5) Part f.--There are authorized to be appropriated to 
        carry out part F $3,000,000 for fiscal year 2009 and such sums 
        as may be necessary for fiscal years 2010, 2011, 2012, and 
        2013.''.

    Subtitle B--Emmett Till Unsolved Civil Rights Crimes Act of 2007

SEC. 2201. SHORT TITLE.

    This subtitle may be cited as the ``Emmett Till Unsolved Civil 
Rights Crime Act of 2007''.

SEC. 2202. SENSE OF CONGRESS.

    It is the sense of Congress that all authorities with jurisdiction, 
including the Federal Bureau of Investigation and other entities within 
the Department of Justice, should--
            (1) expeditiously investigate unsolved civil rights 
        murders, due to the amount of time that has passed since the 
        murders and the age of potential witnesses; and
            (2) provide all the resources necessary to ensure timely 
        and thorough investigations in the cases involved.

SEC. 2203. DEPUTY CHIEF OF THE CRIMINAL SECTION OF THE CIVIL RIGHTS 
              DIVISION.

    (a) In General.--The Attorney General shall designate a Deputy 
Chief in the Criminal Section of the Civil Rights Division of the 
Department of Justice (in this subtitle referred to as the ``Deputy 
Chief'').
    (b) Responsibility.--
            (1) In general.--The Deputy Chief shall be responsible for 
        coordinating the investigation and prosecution of violations of 
        criminal civil rights statutes that occurred not later than 
        December 31, 1969, and resulted in a death.
            (2) Coordination.--In investigating a complaint under 
        paragraph (1), the Deputy Chief may coordinate investigative 
        activities with State and local law enforcement officials.
    (c) Study and Report.--
            (1) Study.--The Attorney General shall annually conduct a 
        study of the cases under the jurisdiction of the Deputy Chief 
        or under the jurisdiction of the Supervisory Special Agent and, 
        in conducting the study, shall determine--
                    (A) the number of open investigations within the 
                Department of Justice for violations of criminal civil 
                rights statutes that occurred not later than December 
                31, 1969;
                    (B) the number of new cases opened pursuant to this 
                subtitle since the most recent study conducted under 
                this paragraph;
                    (C) the number of unsealed Federal cases charged 
                within the study period, including the case names, the 
                jurisdiction in which the charges were brought, and the 
                date the charges were filed;
                    (D) the number of cases referred by the Department 
                of Justice to a State or local law enforcement agency 
                or prosecutor within the study period, the number of 
                such cases that resulted in State charges being filed, 
                the jurisdiction in which such charges were filed, the 
                date the charges were filed, and if a jurisdiction 
                declines to prosecute or participate in an 
                investigation of a case so referred, the fact it did 
                so;
                    (E) the number of cases within the study period 
                that were closed without Federal prosecution, the case 
                names of unsealed Federal cases, the dates the cases 
                were closed, and the relevant Federal statutes;
                    (F) the number of attorneys who worked, in whole or 
                in part, on any case described in subsection (b)(1); 
                and
                    (G) the applications submitted for grants under 
                section 2205, the award of such grants, and the 
                purposes for which the grant amount were expended.
            (2) Report.--Not later than 6 months after the date of 
        enactment of this Act, and every 12 months thereafter, the 
        Attorney General shall prepare and submit to Congress a report 
        containing the results of the study conducted under paragraph 
        (1).

SEC. 2204. SUPERVISORY SPECIAL AGENT IN THE CIVIL RIGHTS UNIT OF THE 
              FEDERAL BUREAU OF INVESTIGATION.

    (a) In General.--The Attorney General shall designate a Supervisory 
Special Agent in the Civil Rights Unit of the Federal Bureau of 
Investigation of the Department of Justice (in this subtitle referred 
to as the ``Supervisory Special Agent'').
    (b) Responsibility.--
            (1) In general.--The Supervisory Special Agent shall be 
        responsible for investigating violations of criminal civil 
        rights statutes that occurred not later than December 31, 1969, 
        and resulted in a death.
            (2) Coordination.--In investigating a complaint under 
        paragraph (1), the Supervisory Special Agent may coordinate the 
        investigative activities with State and local law enforcement 
        officials.

SEC. 2205. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT.

    (a) In General.--The Attorney General may make grants to State or 
local law enforcement agencies for expenses associated with the 
investigation and prosecution of criminal offenses, involving civil 
rights, that occurred not later than December 31, 1969, and resulted in 
a death.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $2,000,000 for each of fiscal years 2008 through 2017 to 
carry out this section.

SEC. 2206. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated, in 
addition to any other amounts otherwise authorized to be appropriated 
for this purpose, to the Attorney General $10,000,000 for each of 
fiscal years 2008 through 2017 for investigating and prosecuting 
violations of criminal civil rights statutes that occurred not later 
than December 31, 1969, and resulted in a death. Amounts appropriated 
pursuant to this subsection shall be allocated by the Attorney General 
to the Deputy Chief and the Supervisory Special Agent in order to 
advance the purposes set forth in this subtitle.
    (b) Community Relations Service of the Department of Justice.--In 
addition to any amounts authorized to be appropriated under title XI of 
the Civil Rights Act of 1964 (42 U.S.C. 2000h et seq.), there are 
authorized to be appropriated to the Community Relations Service of the 
Department of Justice $1,500,000 for fiscal year 2008 and each 
subsequent fiscal year, to enable the Community Relations Service (in 
carrying out the functions described in title X of such Act (42 U.S.C. 
2000g et seq.)) to provide technical assistance by bringing together 
law enforcement agencies and communities in the investigation of 
violations of criminal civil rights statutes, in cases described in 
section 2204(b).

SEC. 2207. DEFINITION OF CRIMINAL CIVIL RIGHTS STATUTES.

    In this subtitle, the term ``criminal civil rights statutes'' 
means--
            (1) section 241 of title 18, United States Code (relating 
        to conspiracy against rights);
            (2) section 242 of title 18, United States Code (relating 
        to deprivation of rights under color of law);
            (3) section 245 of title 18, United States Code (relating 
        to federally protected activities);
            (4) sections 1581 and 1584 of title 18, United States Code 
        (relating to involuntary servitude and peonage);
            (5) section 901 of the Fair Housing Act (42 U.S.C. 3631); 
        and
            (6) any other Federal law that--
                    (A) was in effect on or before December 31, 1969; 
                and
                    (B) the Criminal Section of the Civil Rights 
                Division of the Department of Justice enforced, before 
                the date of enactment of this Act.

SEC. 2208. SUNSET.

    Sections 2202 through 2206 of this subtitle shall cease to have 
force or effect at the end of fiscal year 2017.

SEC. 2209. AUTHORITY OF INSPECTORS GENERAL.

    Title XXXVII of the Crime Control Act of 1990 (42 U.S.C. 5779 et 
seq.) is amended by adding at the end the following:

``SEC. 3703. AUTHORITY OF INSPECTORS GENERAL.

    ``(a) In General.--An Inspector General appointed under section 3 
or 8G of the Inspector General Act of 1978 (5 U.S.C. App.) may 
authorize staff to assist the National Center for Missing and Exploited 
Children--
            ``(1) by conducting reviews of inactive case files to 
        develop recommendations for further investigations; and
            ``(2) by engaging in similar activities.
    ``(b) Limitations.--
            ``(1) Priority.--An Inspector General may not permit staff 
        to engage in activities described in subsection (a) if such 
        activities will interfere with the duties of the Inspector 
        General under the Inspector General Act of 1978 (5 U.S.C. 
        App.).
            ``(2) Funding.--No additional funds are authorized to be 
        appropriated to carry out this section.''.

    Subtitle C--Mentally Ill Offender Treatment and Crime Reduction 
              Reauthorization and Improvement Act of 2008

SEC. 2301. SHORT TITLE.

    This subtitle may be cited as the ``Mentally Ill Offender Treatment 
and Crime Reduction Reauthorization and Improvement Act of 2008''.

SEC. 2302. FINDINGS.

    Congress finds the following:
            (1) Communities nationwide are struggling to respond to the 
        high numbers of people with mental illnesses involved at all 
        points in the criminal justice system.
            (2) A 1999 study by the Department of Justice estimated 
        that 16 percent of people incarcerated in prisons and jails in 
        the United States, which is more than 300,000 people, suffer 
        from mental illnesses.
            (3) Los Angeles County Jail and New York's Rikers Island 
        jail complex hold more people with mental illnesses than the 
        largest psychiatric inpatient facilities in the United States.
            (4) State prisoners with a mental health problem are twice 
        as likely as those without a mental health problem to have been 
        homeless in the year before their arrest.

SEC. 2303. REAUTHORIZATION OF THE ADULT AND JUVENILE COLLABORATION 
              PROGRAM GRANTS.

    (a) Authorization of Appropriations Through 2014.--Section 2991(h) 
of title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3793aa(h)) is amended--
            (1) in paragraph (1), by striking at the end ``and'';
            (2) in paragraph (2), by striking ``for fiscal years 2006 
        through 2009.'' and inserting ``for each of the fiscal years 
        2006 and 2007; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) $75,000,000 for each of the fiscal years 2009 through 
        2014.''.
    (b) Allocation of Funding for Administrative Purposes.--Section 
2991(h) of such title is further amended--
            (1) by redesignating paragraphs (1), (2), and (3) (as added 
        by subsection (a)(3)) as subparagraphs (A), (B), and (C), 
        respectively, and adjusting the margins accordingly;
            (2) by striking ``There are authorized'' and inserting 
        ``(1) In general.--There are authorized''; and
            (3) by adding at the end the following new paragraph:
    ``(2) Allocation of Funding for Administrative Purposes.--For 
fiscal year 2009 and each subsequent fiscal year, of the amounts 
authorized under paragraph (1) for such fiscal year, the Attorney 
General may obligate not more than 3 percent for the administrative 
expenses of the Attorney General in carrying out this section for such 
fiscal year.''.
    (c) Additional Applications Receiving Priority.--Subsection (c) of 
such section is amended to read as follows:
    ``(c) Priority.--The Attorney General, in awarding funds under this 
section, shall give priority to applications that--
            ``(1) promote effective strategies by law enforcement to 
        identify and to reduce risk of harm to mentally ill offenders 
        and public safety;
            ``(2) promote effective strategies for identification and 
        treatment of female mentally ill offenders; or
            ``(3)(A) demonstrate the strongest commitment to ensuring 
        that such funds are used to promote both public health and 
        public safety;
            ``(B) demonstrate the active participation of each co-
        applicant in the administration of the collaboration program;
            ``(C) document, in the case of an application for a grant 
        to be used in whole or in part to fund treatment services for 
        adults or juveniles during periods of incarceration or 
        detention, that treatment programs will be available to provide 
        transition and reentry services for such individuals; and
            ``(D) have the support of both the Attorney General and the 
        Secretary.''.

SEC. 2304. LAW ENFORCEMENT RESPONSE TO MENTALLY ILL OFFENDERS 
              IMPROVEMENT GRANTS.

    (a) In General.--Part HH of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by adding at 
the end the following new section:

``SEC. 2992. LAW ENFORCEMENT RESPONSE TO MENTALLY ILL OFFENDERS 
              IMPROVEMENT GRANTS.

    ``(a) Authorization.--The Attorney General is authorized to make 
grants to States, units of local government, Indian tribes, and tribal 
organizations for the following purposes:
            ``(1) Training programs.--To provide for programs that 
        offer law enforcement personnel specialized and comprehensive 
        training in procedures to identify and respond appropriately to 
        incidents in which the unique needs of individuals with mental 
        illnesses are involved.
            ``(2) Receiving centers.--To provide for the development of 
        specialized receiving centers to assess individuals in the 
        custody of law enforcement personnel for suicide risk and 
        mental health and substance abuse treatment needs.
            ``(3) Improved technology.--To provide for computerized 
        information systems (or to improve existing systems) to provide 
        timely information to law enforcement personnel and criminal 
        justice system personnel to improve the response of such 
        respective personnel to mentally ill offenders.
            ``(4) Cooperative programs.--To provide for the 
        establishment and expansion of cooperative efforts by criminal 
        and juvenile justice agencies and mental health agencies to 
        promote public safety through the use of effective intervention 
        with respect to mentally ill offenders.
            ``(5) Campus security personnel training.--To provide for 
        programs that offer campus security personnel training in 
        procedures to identify and respond appropriately to incidents 
        in which the unique needs of individuals with mental illnesses 
        are involved.
    ``(b) BJA Training Models.--For purposes of subsection (a)(1), the 
Director of the Bureau of Justice Assistance shall develop training 
models for training law enforcement personnel in procedures to identify 
and respond appropriately to incidents in which the unique needs of 
individuals with mental illnesses are involved, including suicide 
prevention.
    ``(c) Matching Funds.--The Federal share of funds for a program 
funded by a grant received under this section may not exceed 75 percent 
of the costs of the program unless the Attorney General waives, wholly 
or in part, such funding limitation. The non-Federal share of payments 
made for such a program may be made in cash or in-kind fairly 
evaluated, including planned equipment or services.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice to carry out this section 
$10,000,000 for each of the fiscal years 2009 through 2014.''.
    (b) Conforming Amendment.--Such part is further amended by amending 
the part heading to read as follows: ``grants to improve treatment of 
offenders with mental illnesses''.

SEC. 2305. IMPROVING THE MENTAL HEALTH COURTS GRANT PROGRAM.

    (a) Reauthorization of the Mental Health Courts Grant Program.--
Section 1001(a)(20) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3793(a)(20)) is amended by striking 
``fiscal years 2001 through 2004'' and inserting ``fiscal years 2009 
through 2014''.
    (b) Additional Grant Uses Authorized.--Section 2201 of such title 
(42 U.S.C. 3796ii) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2) by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(3) pretrial services and related treatment programs for 
        offenders with mental illnesses; and
            ``(4) developing, implementing, or expanding programs that 
        are alternatives to incarceration for offenders with mental 
        illnesses.''.

SEC. 2306. EXAMINATION AND REPORT ON PREVALENCE OF MENTALLY ILL 
              OFFENDERS.

    (a) In General.--
            (1) In general.--The Attorney General shall examine and 
        report on mental illness and the criminal justice system.
            (2) Scope.--Congress encourages the Attorney General to 
        specifically examine the following:
                    (A) Populations.--The rate of occurrence of serious 
                mental illnesses in each of the following populations:
                            (i) Individuals, including juveniles, on 
                        probation.
                            (ii) Individuals, including juveniles, 
                        incarcerated in a jail.
                            (iii) Individuals, including juveniles, 
                        incarcerated in a prison.
                            (iv) Individuals, including juveniles, on 
                        parole.
                    (B) Benefits.--The percentage of individuals in 
                each population described in subparagraph (A) who 
                have--
                            (i) a serious mental illness; and
                            (ii) received disability benefits under 
                        title II or title XVI of the Social Security 
                        Act (42 U.S.C. 401 et seq. and 1381 et seq.).
    (b) Report.--Not later than 36 months after the date of the 
enactment of this Act, the Attorney General shall submit to Congress 
the report described in subsection (a).
    (c) Definitions.--In this section--
            (1) the term ``serious mental illness'' means that an 
        individual has, or at any time during the 1-year period ending 
        on the date of enactment of this Act had, a covered mental, 
        behavioral, or emotional disorder; and
            (2) the term ``covered mental, behavioral, or emotional 
        disorder''--
                    (A) means a diagnosable mental, behavioral, or 
                emotional disorder of sufficient duration to meet 
                diagnostic criteria specified within the Diagnostic and 
                Statistical Manual of Mental Disorders, Fourth Edition, 
                or the International Classification of Diseases, Ninth 
                Revision, Clinical Modification equivalent of the 
                Diagnostic and Statistical Manual of Mental Disorders, 
                Fourth Edition; and
                    (B) does not include a disorder that has a V code 
                within the Diagnostic and Statistical Manual of Mental 
                Disorders, Fourth Edition, a substance use disorder, or 
                a developmental disorder, unless that disorder cooccurs 
                with another disorder described in subparagraph (A) and 
                causes functional impairment which substantially 
                interferes with or limits 1 or more major life 
                activities.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $2,000,000 for 2009.

    Subtitle D--Effective Child Pornography Prosecution Act of 2007

SEC. 7401. SHORT TITLE.

    This subtitle may be cited as the ``Effective Child Pornography 
Prosecution Act of 2007''.

SEC. 7402. FINDINGS.

    Congress finds the following:
            (1) Child pornography is estimated to be a multibillion 
        dollar industry of global proportions, facilitated by the 
        growth of the Internet.
            (2) Data has shown that 83 percent of child pornography 
        possessors had images of children younger than 12 years old, 39 
        percent had images of children younger than 6 years old, and 19 
        percent had images of children younger than 3 years old.
            (3) Child pornography is a permanent record of a child's 
        abuse and the distribution of child pornography images 
        revictimizes the child each time the image is viewed.
            (4) Child pornography is readily available through 
        virtually every Internet technology, including Web sites, 
        email, instant messaging, Internet Relay Chat, newsgroups, 
        bulletin boards, and peer-to-peer.
            (5) The technological ease, lack of expense, and anonymity 
        in obtaining and distributing child pornography over the 
        Internet has resulted in an explosion in the 
        multijurisdictional distribution of child pornography.
            (6) The Internet is well recognized as a method of 
        distributing goods and services across State lines.
            (7) The transmission of child pornography using the 
        Internet constitutes transportation in interstate commerce.

SEC. 7403. CLARIFYING BAN OF CHILD PORNOGRAPHY.

    (a) In General.--Chapter 110 of title 18, United States Code, is 
amended--
            (1) in section 2251--
                    (A) in each of subsections (a), (b), and (d), by 
                inserting ``using any means or facility of interstate 
                or foreign commerce or'' after ``be transported'';
                    (B) in each of subsections (a) and (b), by 
                inserting ``using any means or facility of interstate 
                or foreign commerce or'' after ``been transported'';
                    (C) in subsection (c), by striking ``computer'' 
                each place that term appears and inserting ``using any 
                means or facility of interstate or foreign commerce''; 
                and
                    (D) in subsection (d), by inserting ``using any 
                means or facility of interstate or foreign commerce 
                or'' after ``is transported'';
            (2) in section 2251A(c), by inserting ``using any means or 
        facility of interstate or foreign commerce or'' after ``or 
        transported'';
            (3) in section 2252(a)--
                    (A) in paragraph (1), by inserting ``using any 
                means or facility of interstate or foreign commerce 
                or'' after ``ships'';
                    (B) in paragraph (2)--
                            (i) by inserting ``using any means or 
                        facility of interstate or foreign commerce or'' 
                        after ``distributes, any visual depiction''; 
                        and
                            (ii) by inserting ``using any means or 
                        facility of interstate or foreign commerce or'' 
                        after ``depiction for distribution'';
                    (C) in paragraph (3)--
                            (i) by inserting ``using any means or 
                        facility of interstate or foreign commerce'' 
                        after ``so shipped or transported''; and
                            (ii) by striking ``by any means,''; and
                    (D) in paragraph (4), by inserting ``using any 
                means or facility of interstate or foreign commerce 
                or'' after ``has been shipped or transported''; and
            (4) in section 2252A(a)--
                    (A) in paragraph (1), by inserting ``using any 
                means or facility of interstate or foreign commerce 
                or'' after ``ships'';
                    (B) in paragraph (2), by inserting ``using any 
                means or facility of interstate or foreign commerce'' 
                after ``mailed, or'' each place it appears;
                    (C) in paragraph (3), by inserting ``using any 
                means or facility of interstate or foreign commerce 
                or'' after ``mails, or'' each place it appears;
                    (D) in each of paragraphs (4) and (5), by inserting 
                ``using any means or facility of interstate or foreign 
                commerce or'' after ``has been mailed, or shipped or 
                transported''; and
                    (E) in paragraph (6), by inserting ``using any 
                means or facility of interstate or foreign commerce 
                or'' after ``has been mailed, shipped, or 
                transported''.
    (b) Affecting Interstate Commerce.--Chapter 110 of title 18, United 
States Code, is amended in each of sections 2251, 2251A, 2252, and 
2252A, by striking ``in interstate'' each place it appears and 
inserting ``in or affecting interstate''.
    (c) Certain Activities Relating to Material Involving the Sexual 
Exploitation of Minors.--Section 2252(a)(3)(B) of title 18, United 
States Code, is amended by inserting ``, shipped, or transported using 
any means or facility of interstate or foreign commerce'' after ``that 
has been mailed''.
    (d) Certain Activities Relating to Material Constituting or 
Containing Child Pornography.--Section 2252A(a)(6)(C) of title 18, 
United States Code, is amended by striking ``or by transmitting'' and 
all that follows through ``by computer,'' and inserting ``or any means 
or facility of interstate or foreign commerce,''.

 Subtitle E--Enhancing the Effective Prosecution of Child Pornography 
                              Act of 2007

SEC. 2501. SHORT TITLE.

    This subtitle may be cited as the ``Enhancing the Effective 
Prosecution of Child Pornography Act of 2007''.

SEC. 2502. MONEY LAUNDERING PREDICATE.

    Section 1956(c)(7)(D) of title 18, United States Code, is amended 
by inserting ``section 2252A (relating to child pornography) where the 
child pornography contains a visual depiction of an actual minor 
engaging in sexually explicit conduct, section 2260 (production of 
certain child pornography for importation into the United States),'' 
before ``section 2280''.

SEC. 2503. KNOWINGLY ACCESSING CHILD PORNOGRAPHY WITH THE INTENT TO 
              VIEW CHILD PORNOGRAPHY.

    (a) Materials Involving Sexual Exploitation of Minors.--Section 
2252(a)(4) of title 18, United States Code, is amended--
            (1) in subparagraph (A), by inserting ``, or knowingly 
        accesses with intent to view,'' after ``possesses''; and
            (2) in subparagraph (B), by inserting ``, or knowingly 
        accesses with intent to view,'' after ``possesses''.
    (b) Materials Constituting or Containing Child Pornography.--
Section 2252A(a)(5) of title 18, United States Code, is amended--
            (1) in subparagraph (A), by inserting ``, or knowingly 
        accesses with intent to view,'' after ``possesses''; and
            (2) in subparagraph (B), by inserting ``, or knowingly 
        accesses with intent to view,'' after ``possesses''.

            Subtitle F--Drug Endangered Children Act of 2007

SEC. 2601. SHORT TITLE.

    This subtitle may be cited as the ``Drug Endangered Children Act of 
2007''.

SEC. 2602. DRUG-ENDANGERED CHILDREN GRANT PROGRAM EXTENDED.

    Section 755(c) of the USA PATRIOT Improvement and Reauthorization 
Act of 2005 (42 U.S.C. 3797cc-2(c)) is amended by striking ``fiscal 
years 2006 and 2007'' and inserting ``fiscal years 2008 and 2009''.

     Subtitle G--Star-Spangled Banner and War of 1812 Bicentennial 
                             Commission Act

SEC. 2701. SHORT TITLE.

    This subtitle may be cited as the ``Star-Spangled Banner and War of 
1812 Bicentennial Commission Act''.

SEC. 2702. STAR-SPANGLED BANNER AND WAR OF 1812 BICENTENNIAL 
              COMMISSION.

    (a) Findings.--Congress finds that--
            (1) the War of 1812 served as a crucial test for the United 
        States Constitution and the newly established democratic 
        Government;
            (2) vast regions of the new multiparty democracy, including 
        the Chesapeake Bay, the Gulf of Mexico and the Niagara 
        Frontier, were affected by the War of 1812 including the States 
        of Alabama, Connecticut, Delaware, Florida, Georgia, Iowa, 
        Illinois, Indiana, Kentucky, Louisiana, Massachusetts, 
        Maryland, Maine, Michigan, Missouri, Mississippi, New Jersey, 
        North Carolina, New Hampshire, New York, Ohio, Oregon, 
        Pennsylvania, Rhode Island, South Carolina, Tennessee, 
        Virginia, Vermont, Wisconsin, West Virginia, and the District 
        of Columbia;
            (3) the British occupation of American territory along the 
        Great Lakes and in other regions, the burning of Washington, 
        DC, the American victories at Fort McHenry, New Orleans, and 
        Plattsburgh, among other battles, had far reaching effects on 
        American society;
            (4) at the Battle of Baltimore, Francis Scott Key wrote the 
        poem that celebrated the flag and later was titled ``the Star-
        Spangled Banner'';
            (5) the poem led to the establishment of the flag as an 
        American icon and became the words of the national anthem of 
        the United States in 1932; and
            (6) it is in the national interest to provide for 
        appropriate commemorative activities to maximize public 
        understanding of the meaning of the War of 1812 in the history 
        of the United States.
    (b) Purposes.--The purposes of this section are to--
            (1) establish the Star-Spangled Banner and War of 1812 
        Commemoration Commission;
            (2) ensure a suitable national observance of the War of 
        1812 by complementing, cooperating with, and providing 
        assistance to the programs and activities of the various States 
        involved in the commemoration;
            (3) encourage War of 1812 observances that provide an 
        excellent visitor experience and beneficial interaction between 
        visitors and the natural and cultural resources of the various 
        War of 1812 sites;
            (4) facilitate international involvement in the War of 1812 
        observances;
            (5) support and facilitate marketing efforts for a 
        commemorative coin, stamp, and related activities for the War 
        of 1812 observances; and
            (6) promote the protection of War of 1812 resources and 
        assist in the appropriate development of heritage tourism and 
        economic benefits to the United States.
    (c) Definitions.--In this section:
            (1) Commemoration.--The term ``commemoration'' means the 
        commemoration of the War of 1812.
            (2) Commission.--The term ``Commission'' means the Star-
        Spangled Banner and War of 1812 Bicentennial Commission 
        established in subsection (d)(1).
            (3) Qualified citizen.--The term ``qualified citizen'' 
        means a citizen of the United States with an interest in, 
        support for, and expertise appropriate to the commemoration.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) States.--The term ``States''--
                    (A) means the States of Alabama, Kentucky, Indiana, 
                Louisiana, Maryland, Vermont, Virginia, New York, 
                Maine, Michigan, and Ohio; and
                    (B) includes agencies and entities of each State.
    (d) Star-Spangled Banner and War of 1812 Commemoration 
Commission.--
            (1) In general.--There is established a commission to be 
        known as the ``Star-Spangled Banner and War of 1812 
        Bicentennial Commission''.
            (2) Membership.--
                    (A) In general.--The Commission shall be composed 
                of 22 members, of whom--
                            (i) 11 members shall be qualified citizens 
                        appointed by the Secretary after consideration 
                        of nominations submitted by the Governors of 
                        Alabama, Kentucky, Indiana, Louisiana, Maine, 
                        Maryland, Michigan, New York, Ohio, Vermont, 
                        and Virginia;
                            (ii) 3 members shall be qualified citizens 
                        appointed by the Secretary after consideration 
                        of nominations submitted by the Mayors of the 
                        District of Columbia, the City of Baltimore, 
                        and the City of New Orleans;
                            (iii) 2 members shall be employees of the 
                        National Park Service, of whom--
                                    (I) 1 shall be the Director of the 
                                National Park Service (or a designee); 
                                and
                                    (II) 1 shall be an employee of the 
                                National Park Service having experience 
                                relevant to the commemoration;
                            (iv) 4 members shall be qualified citizens 
                        appointed by the Secretary with consideration 
                        of recommendations--
                                    (I) 1 of which are submitted by the 
                                majority leader of the Senate;
                                    (II) 1 of which are submitted by 
                                the minority leader of the Senate;
                                    (III) 1 of which are submitted by 
                                the majority leader of the House of 
                                Representatives; and
                                    (IV) 1 of which are submitted by 
                                the minority leader of the House of 
                                Representatives; and
                            (v) 2 members shall be appointed by the 
                        Secretary from among individuals with expertise 
                        in the history of the War of 1812.
                    (B) Date of appointments.--The appointment of a 
                member of the Commission shall be made not later than 
                120 days after the date of enactment of this Act.
            (3) Term; vacancies.--
                    (A) Term.--A member shall be appointed for the life 
                of the Commission.
                    (B) Vacancies.--A vacancy on the Commission--
                            (i) shall not affect the powers of the 
                        Commission; and
                            (ii) shall be filled in the same manner as 
                        the original appointment was made.
            (4) Voting.--
                    (A) In general.--The Commission shall act only on 
                an affirmative vote of a majority of the members of the 
                Commission.
                    (B) Quorum.--A majority of the members of the 
                Commission shall constitute a quorum.
            (5) Chairperson and vice chairperson.--
                    (A) Selection.--The Commission shall select a 
                chairperson and a vice chairperson from among the 
                members of the Commission.
                    (B) Absence of chairperson.--The vice chairperson 
                shall act as chairperson in the absence of the 
                chairperson.
            (6) Initial meeting.--Not later than 60 days after the date 
        on which all members of the Commission have been appointed and 
        funds have been provided, the Commission shall hold the initial 
        meeting of the Commission.
            (7) Meetings.--Not less than twice a year, the Commission 
        shall meet at the call of the chairperson or a majority of the 
        members of the Commission.
            (8) Removal.--Any member who fails to attend 3 successive 
        meetings of the Commission or who otherwise fails to 
        participate substantively in the work of the Commission may be 
        removed by the Secretary and the vacancy shall be filled in the 
        same manner as the original appointment was made. Members serve 
        at the discretion of the Secretary.
    (e) Duties.--
            (1) In general.--The Commission shall--
                    (A) plan, encourage, develop, execute, and 
                coordinate programs, observances, and activities 
                commemorating the historic events that preceded and are 
                associated with the War of 1812;
                    (B) facilitate the commemoration throughout the 
                United States and internationally;
                    (C) coordinate the activities of the Commission 
                with State commemoration commissions, the National Park 
                Service, the Department of Defense, and other 
                appropriate Federal agencies;
                    (D) encourage civic, patriotic, historical, 
                educational, religious, economic, tourism, and other 
                organizations throughout the United States to organize 
                and participate in the commemoration to expand the 
                understanding and appreciation of the significance of 
                the War of 1812;
                    (E) provide technical assistance to States, 
                localities, units of the National Park System, and 
                nonprofit organizations to further the commemoration 
                and commemorative events;
                    (F) coordinate and facilitate scholarly research 
                on, publication about, and interpretation of the people 
                and events associated with the War of 1812;
                    (G) design, develop, and provide for the 
                maintenance of an exhibit that will travel throughout 
                the United States during the commemoration period to 
                interpret events of the War of 1812 for the educational 
                benefit of the citizens of the United States;
                    (H) ensure that War of 1812 commemorations provide 
                a lasting legacy and long-term public benefit leading 
                to protection of the natural and cultural resources 
                associated with the War of 1812; and
                    (I) examine and review essential facilities and 
                infrastructure at War of 1812 sites and identify 
                possible improvements that could be made to enhance and 
                maximize visitor experience at the sites.
            (2) Strategic plan; annual performance plans.--The 
        Commission shall prepare a strategic plan and annual 
        performance plans for any activity carried out by the 
        Commission under this section.
            (3) Reports.--
                    (A) Annual report.--The Commission shall submit to 
                Congress an annual report that contains a list of each 
                gift, bequest, or devise to the Commission with a value 
                of more than $250, together with the identity of the 
                donor of each gift, bequest, or devise.
                    (B) Final report.--Not later than September 30, 
                2015, the Commission shall submit to the Secretary and 
                Congress a final report that includes--
                            (i) a summary of the activities of the 
                        Commission;
                            (ii) a final accounting of any funds 
                        received or expended by the Commission; and
                            (iii) the final disposition of any 
                        historically significant items acquired by the 
                        Commission and other properties not previously 
                        reported.
    (f) Powers.--
            (1) In general.--The Commission may--
                    (A) solicit, accept, use, and dispose of gifts or 
                donations of money, services, and real and personal 
                property related to the commemoration in accordance 
                with Department of the Interior and National Park 
                Service written standards for accepting gifts from 
                outside sources;
                    (B) appoint such advisory committees as the 
                Commission determines to be necessary to carry out this 
                section;
                    (C) authorize any member or employee of the 
                Commission to take any action the Commission is 
                authorized to take under this section;
                    (D) use the United States mails in the same manner 
                and under the same conditions as other agencies of the 
                Federal Government; and
                    (E) make grants to communities, nonprofit, 
                commemorative commissions or organizations, and 
                research and scholarly organizations to develop 
                programs and products to assist in researching, 
                publishing, marketing, and distributing information 
                relating to the commemoration.
            (2) Legal agreements.--
                    (A) In general.--In carrying out this section, the 
                Commission may--
                            (i) procure supplies, services, and 
                        property; and
                            (ii) make or enter into contracts, leases, 
                        or other legal agreements.
                    (B) Length.--Any contract, lease, or other legal 
                agreement made or entered into by the Commission shall 
                not extend beyond the date of termination of the 
                Commission.
            (3) Information from federal agencies.--
                    (A) In general.--The Commission may secure directly 
                from a Federal agency such information as the 
                Commission considers necessary to carry out this 
                section.
                    (B) Provision of information.--On request of the 
                Chairperson of the Commission, the head of the agency 
                shall provide the information to the Commission in 
                accordance with applicable laws.
            (4) FACA nonapplicability.--Section 14(b) of the Federal 
        Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
        Commission.
            (5) No effect on authority.--Nothing in this section 
        supersedes the authority of the States or the National Park 
        Service concerning the commemoration.
    (g) Personnel Matters.--
            (1) Members of the commission.--
                    (A) In general.--Except as provided in paragraph 
                (3)(A), a member of the Commission shall serve without 
                compensation.
                    (B) Travel expenses.--A member of the Commission 
                shall be allowed travel expenses, including per diem in 
                lieu of subsistence, at rates authorized for an 
                employee of an agency under subchapter I of chapter 57 
                of title 5, United States Code, while away from the 
                home or regular place of business of the member in the 
                performance of the duties of the Commission.
                    (C) Status.--A member of the Commission, who is not 
                otherwise a Federal employee, shall be considered a 
                Federal employee only for purposes of the provisions of 
                law related to ethics, conflicts of interest, 
                corruption, and any other criminal or civil statute or 
                regulation governing the conduct of Federal employees.
            (2) Executive director and other staff.--
                    (A) In general.--The Chairperson of the Commission 
                may, without regard to the provisions of title 5, 
                United States Code, governing appointments in the 
                competitive service and termination of employees 
                (including regulations), appoint and terminate an 
                executive director, subject to confirmation by the 
                Commission, and appoint and terminate such other 
                additional personnel as are necessary to enable the 
                Commission to perform the duties of the Commission.
                    (B) Status.--The Executive Director and other staff 
                appointed under this paragraph shall be considered 
                Federal employees under section 2105 of title 5, United 
                States Code, notwithstanding the requirements of such 
                section.
                    (C) Confirmation of executive director.--The 
                employment of an executive director shall be subject to 
                confirmation by the Commission.
                    (D) Compensation.--
                            (i) In general.--Except as provided in 
                        clause (ii), the Chairperson of the Commission 
                        may fix the compensation of the executive 
                        director and other personnel without regard to 
                        the provisions of chapter 51 and subchapter III 
                        of chapter 53 of title 5, United States Code, 
                        relating to classification of positions and 
                        General Schedule pay rates.
                            (ii) Maximum rate of pay.--The rate of 
                        basic pay for the executive director and other 
                        personnel shall not exceed the rate payable for 
                        level V of the Executive Schedule under section 
                        5316 of title 5, United States Code.
            (3) Government employees.--
                    (A) Federal employees.--
                            (i) Service on commission.--A member of the 
                        Commission who is an officer or employee of the 
                        Federal Government shall serve without 
                        compensation in addition to the compensation 
                        received for the services of the member as an 
                        officer or employee of the Federal Government.
                            (ii) Detail.--At the request of the 
                        Commission, the head of any Federal agency may 
                        detail, on a reimbursable or nonreimbursable 
                        basis, any of the personnel of the agency to 
                        the Commission to assist the Commission in 
                        carrying out the duties of the Commission under 
                        this section.
                            (iii) Civil service status.--
                        Notwithstanding any other provisions in this 
                        subsection, Federal employees who serve on the 
                        Commission, are detailed to the Commission, or 
                        otherwise provide services under this section, 
                        shall continue to be Federal employees for the 
                        purpose of any law specific to Federal 
                        employees, without interruption or loss of 
                        civil service status or privilege.
                    (B) State employees.--The Commission may--
                            (i) accept the services of personnel 
                        detailed from States (including subdivisions of 
                        States) under subchapter VI of chapter 33 of 
                        title 5, United States Code; and
                            (ii) reimburse States for services of 
                        detailed personnel.
            (4) Members of advisory committees.--Members of advisory 
        committees appointed under subsection (f)(1)(B)--
                    (A) shall not be considered employees of the 
                Federal Government by reason of service on the 
                committees for the purpose of any law specific to 
                Federal employees, except for the purposes of chapter 
                11 of title 18, United States Code, relating to 
                conflicts of interest; and
                    (B) may be paid travel expenses, including per diem 
                in lieu of subsistence, at rates authorized for an 
                employee of an agency under subchapter I of chapter 57 
                of title 5, United States Code, while away from the 
                home or regular place of business of the member in the 
                performance of the duties of the committee.
            (5) Volunteer and uncompensated services.--Notwithstanding 
        section 1342 of title 31, United States Code, the Commission 
        may accept and use such voluntary and uncompensated services as 
        the Commission determines necessary.
            (6) Support services.--The Director of the National Park 
        Service shall provide to the Commission, on a reimbursable 
        basis, such administrative support services as the Commission 
        may request.
            (7) Procurement of temporary and intermittent services.--
        The Chairperson of the Commission may employ experts and 
        consultants on a temporary or intermittent basis in accordance 
        with section 3109(b) of title 5, United States Code, at rates 
        for individuals that do not exceed the daily equivalent of the 
        annual rate of basic pay prescribed for level V of the 
        Executive Schedule under section 5316 of that title. Such 
        personnel shall be considered Federal employees under section 
        2105 of title 5, United States Code, notwithstanding the 
        requirements of such section.
    (h) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section not to exceed $500,000 for each of 
        fiscal years 2008 through 2015.
            (2) Availability of funds.--Amounts appropriated under this 
        subsection for any fiscal year shall remain available until 
        December 31, 2015.
    (i) Termination of Commission.--
            (1) In general.--The Commission shall terminate on December 
        31, 2015.
            (2) Transfer of materials.--Not later than the date of 
        termination, the Commission shall transfer any documents, 
        materials, books, manuscripts, miscellaneous printed matter, 
        memorabilia, relics, exhibits, and any materials donated to the 
        Commission that relate to the War of 1812, to Fort McHenry 
        National Monument and Historic Shrine.
            (3) Disposition of funds.--Any funds held by the Commission 
        on the date of termination shall be deposited in the general 
        fund of the Treasury.
            (4) Annual audit.--The Inspector General of the Department 
        of the Interior shall perform an annual audit of the 
        Commission, shall make the results of the audit available to 
        the public, and shall transmit such results to the Committee on 
        Oversight and Government Reform of the House of Representatives 
        and the Committee on the Judiciary of the Senate.

              Subtitle H--PROTECT Our Children Act of 2008

SEC. 2801. SHORT TITLE.

    This subtitle may be cited as the`` Providing Resources, Officers, 
and Technology To Eradicate Cyber Threats to Our Children Act of 2008'' 
or the ``PROTECT Our Children Act of 2008''.

SEC. 2802. DEFINITIONS.

    In this subtitle, the following definitions shall apply:
            (1) Child exploitation.--The term ``child exploitation'' 
        means any conduct, attempted conduct, or conspiracy to engage 
        in conduct involving a minor that violates section 1591, 
        chapter 109A, chapter 110, and chapter 117 of title 18, United 
        States Code, or any sexual activity involving a minor for which 
        any person can be charged with a criminal offense.
            (2) Child obscenity.--The term ``child obscenity'' means 
        any visual depiction proscribed by section 1466A of title 18, 
        United States Code.
            (3) Minor.--The term ``minor'' means any person under the 
        age of 18 years.
            (4) Sexually explicit conduct.--The term ``sexually 
        explicit conduct'' has the meaning given such term in section 
        2256 of title 18, United States Code.

    PART I--NATIONAL STRATEGY FOR CHILD EXPLOITATION PREVENTION AND 
                              INTERDICTION

SEC. 2811. ESTABLISHMENT OF NATIONAL STRATEGY FOR CHILD EXPLOITATION 
              PREVENTION AND INTERDICTION.

    (a) In General.--The Attorney General of the United States shall 
create and implement a National Strategy for Child Exploitation 
Prevention and Interdiction.
    (b) Timing.--Not later than February 1 of each year, the Attorney 
General shall submit to Congress the National Strategy established 
under subsection (a).
    (c) Required Contents of National Strategy.--The National Strategy 
established under subsection (a) shall include the following:
            (1) Comprehensive long-range, goals for reducing child 
        exploitation.
            (2) Annual measurable objectives and specific targets to 
        accomplish long-term, quantifiable goals that the Attorney 
        General determines may be achieved during each year beginning 
        on the date when the National Strategy is submitted.
            (3) Annual budget priorities and Federal efforts dedicated 
        to combating child exploitation, including resources dedicated 
        to Internet Crimes Against Children task forces, Project Safe 
        Childhood, FBI Innocent Images Initiative, the National Center 
        for Missing and Exploited Children, regional forensic computer 
        labs, Internet Safety programs, and all other entities whose 
        goal or mission is to combat the exploitation of children that 
        receive Federal support.
            (4) A 5-year projection for program and budget goals and 
        priorities.
            (5) A review of the policies and work of the Department of 
        Justice related to the prevention and investigation of child 
        exploitation crimes, including efforts at the Office of Justice 
        Programs, the Criminal Division of the Department of Justice, 
        the Executive Office of United States Attorneys, the Federal 
        Bureau of Investigation, the Office of the Attorney General, 
        the Office of the Deputy Attorney General, the Office of Legal 
        Policy, and any other agency or bureau of the Department of 
        Justice whose activities relate to child exploitation.
            (6) A description of the Department's efforts to coordinate 
        with international, State, local, tribal law enforcement, and 
        private sector entities on child exploitation prevention and 
        interdiction efforts.
            (7) Plans for interagency coordination regarding the 
        prevention, investigation, and apprehension of individuals 
        exploiting children, including cooperation and collaboration 
        with--
                    (A) Immigration and Customs Enforcement;
                    (B) the United States Postal Inspection Service;
                    (C) the Department of State;
                    (D) the Department of Commerce;
                    (E) the Department of Education;
                    (F) the Department of Health and Human Services; 
                and
                    (G) other appropriate Federal agencies.
            (8) A review of the Internet Crimes Against Children Task 
        Force Program, including--
                    (A) the number of ICAC task forces and location of 
                each ICAC task force;
                    (B) the number of trained personnel at each ICAC 
                task force;
                    (C) the amount of Federal grants awarded to each 
                ICAC task force;
                    (D) an assessment of the Federal, State, and local 
                cooperation in each task force, including--
                            (i) the number of arrests made by each task 
                        force;
                            (ii) the number of criminal referrals to 
                        United States attorneys for prosecution;
                            (iii) the number of prosecutions and 
                        convictions from the referrals made under 
                        clause (ii);
                            (iv) the number, if available, of local 
                        prosecutions and convictions based on ICAC task 
                        force investigations; and
                            (v) any other information demonstrating the 
                        level of Federal, State, and local coordination 
                        and cooperation, as such information is to be 
                        determined by the Attorney General;
                    (E) an assessment of the training opportunities and 
                technical assistance available to support ICAC task 
                force grantees; and
                    (F) an assessment of the success of the Internet 
                Crimes Against Children Task Force Program at 
                leveraging State and local resources and matching 
                funds.
            (9) An assessment of the technical assistance and support 
        available for Federal, State, local, and tribal law enforcement 
        agencies, in the prevention, investigation, and prosecution of 
        child exploitation crimes.
            (10) A review of the backlog of forensic analysis for child 
        exploitation cases at each FBI Regional Forensic lab and an 
        estimate of the backlog at State and local labs.
            (11) Plans for reducing the forensic backlog described in 
        paragraph (10), if any, at Federal, State and local forensic 
        labs.
            (12) A review of the Federal programs related to child 
        exploitation prevention and education, including those related 
        to Internet safety, including efforts by the private sector and 
        nonprofit entities, or any other initiatives, that have proven 
        successful in promoting child safety and Internet safety.
            (13) An assessment of the future trends, challenges, and 
        opportunities, including new technologies, that will impact 
        Federal, State, local, and tribal efforts to combat child 
        exploitation.
            (14) Plans for liaisons with the judicial branches of the 
        Federal and State governments on matters relating to child 
        exploitation.
            (15) An assessment of Federal investigative and prosecution 
        activity relating to reported incidents of child exploitation 
        crimes, which shall include a number of factors, including--
                    (A) the number of high-priority suspects 
                (identified because of the volume of suspected criminal 
                activity or because of the danger to the community or a 
                potential victim) who were investigated and prosecuted;
                    (B) the number of investigations, arrests, 
                prosecutions and convictions for a crime of child 
                exploitation; and
                    (C) the average sentence imposed and statutory 
                maximum for each crime of child exploitation.
            (16) A review of all available statistical data indicating 
        the overall magnitude of child pornography trafficking in the 
        United States and internationally, including--
                    (A) the number of computers or computer users, 
                foreign and domestic, observed engaging in, or 
                suspected by law enforcement agencies and other sources 
                of engaging in, peer-to-peer file sharing of child 
                pornography;
                    (B) the number of computers or computer users, 
                foreign and domestic, observed engaging in, or 
                suspected by law enforcement agencies and other 
                reporting sources of engaging in, buying and selling, 
                or other commercial activity related to child 
                pornography;
                    (C) the number of computers or computer users, 
                foreign and domestic, observed engaging in, or 
                suspected by law enforcement agencies and other sources 
                of engaging in, all other forms of activity related to 
                child pornography;
                    (D) the number of tips or other statistical data 
                from the National Center for Missing and Exploited 
                Children's CybertTipline and other data indicating the 
                magnitude of child pornography trafficking; and
                    (E) any other statistical data indicating the type, 
                nature, and extent of child exploitation crime in the 
                United States and abroad.
            (17) Copies of recent relevant research and studies related 
        to child exploitation, including--
                    (A) studies related to the link between possession 
                or trafficking of child pornography and actual abuse of 
                a child;
                    (B) studies related to establishing a link between 
                the types of files being viewed or shared and the type 
                of illegal activity; and
                    (C) any other research, studies, and available 
                information related to child exploitation.
            (18) A review of the extent of cooperation, coordination, 
        and mutual support between private sector and other entities 
        and organizations and Federal agencies, including the 
        involvement of States, local and tribal government agencies to 
        the extent Federal programs are involved.
            (19) The results of the Project Safe Childhood Conference 
        or other conferences or meetings convened by the Department of 
        Justice related to combating child exploitation
    (d) Appointment of High-Level Official.--
            (1) In general.--There shall be created in the Office of 
        Legal Policy of the Department of Justice the position of 
        Special Assistant to the Assistant Attorney General for Child 
        Exploitation and Interdiction, whose duties shall include 
        coordinating the development of the National Strategy 
        established under subsection (a).
            (2) Duties.--The duties of the official designated under 
        paragraph (1) shall include--
                    (A) acting as a liaison with all Federal agencies 
                regarding the development of the National Strategy;
                    (B) working to ensure that there is proper 
                coordination among agencies in developing the National 
                Strategy;
                    (C) being knowledgeable about budget priorities and 
                familiar with all efforts within the Department of 
                Justice and the FBI related to child exploitation 
                prevention and interdiction; and
                    (D) communicating the National Strategy to Congress 
                and being available to answer questions related to the 
                strategy at congressional hearings, if requested by 
                committees of appropriate jurisdictions, on the 
                contents of the National Strategy and progress of the 
                Department of Justice in implementing the National 
                Strategy.

SEC. 2812. ESTABLISHMENT OF NATIONAL ICAC TASK FORCE PROGRAM.

    (a) Establishment.--
            (1) In general.--There is established within the Department 
        of Justice, under the general authority of the Attorney 
        General, a National Internet Crimes Against Children Task Force 
        Program (hereinafter in this title referred to as the ``ICAC 
        Task Force Program''), which shall consist of a national 
        program of State and local law enforcement task forces 
        dedicated to developing effective responses to online 
        enticement of children by sexual predators, child exploitation, 
        and child obscenity and pornography cases.
            (2) Intent of congress.--It is the purpose and intent of 
        Congress that the ICAC Task Force Program established under 
        paragraph (1) is intended to continue the ICAC Task Force 
        Program authorized under title I of the Departments of 
        Commerce, Justice, and State, the Judiciary, and Related 
        Agencies Appropriations Act, 1998, and funded under title IV of 
        the Juvenile Justice and Delinquency Prevention Act of 1974.
    (b) National Program.--
            (1) State representation.--The ICAC Task Force Program 
        established under subsection (a) shall include at least 1 ICAC 
        task force in each State.
            (2) Capacity and continuity of investigations.--In order to 
        maintain established capacity and continuity of investigations 
        and prosecutions of child exploitation cases, the Attorney 
        General, shall, in establishing the ICAC Task Force Program 
        under subsection (a) consult with and consider all 59 task 
        forces in existence on the date of enactment of this Act. The 
        Attorney General shall include all existing ICAC task forces in 
        the ICAC Task Force Program, unless the Attorney General makes 
        a determination that an existing ICAC does not have a proven 
        track record of success.
            (3) Ongoing review.--The Attorney General shall--
                    (A) conduct periodic reviews of the effectiveness 
                of each ICAC task force established under this section; 
                and
                    (B) have the discretion to establish a new task 
                force if the Attorney General determines that such 
                decision will enhance the effectiveness of combating 
                child exploitation provided that the Attorney General 
                notifies Congress in advance of any such decision and 
                that each state maintains at least 1 ICAC task force at 
                all times.
            (4) Training.--
                    (A) In general.--The Attorney General may establish 
                national training programs to support the mission of 
                the ICAC task forces, including the effective use of 
                the National Internet Crimes Against Children Data 
                System.
                    (B) Limitation.--In establishing training courses 
                under this paragraph, the Attorney General may not 
                award any one entity other than a law enforcement 
                agency more than $2,000,000 annually to establish and 
                conduct training courses for ICAC task force members 
                and other law enforcement officials.
                    (C) Review.--The Attorney General shall--
                            (i) conduct periodic reviews of the 
                        effectiveness of each training session 
                        authorized by this paragraph; and
                            (ii) consider outside reports related to 
                        the effective use of Federal funding in making 
                        future grant awards for training.

SEC. 2813. PURPOSE OF ICAC TASK FORCES.

    The ICAC Task Force Program, and each State or local ICAC task 
force that is part of the national program of task forces, shall be 
dedicated toward--
            (1) increasing the investigative capabilities of State and 
        local law enforcement officers in the detection, investigation, 
        and apprehension of Internet crimes against children offenses 
        or offenders, including technology-facilitated child 
        exploitation offenses;
            (2) conducting proactive and reactive Internet crimes 
        against children investigations;
            (3) providing training and technical assistance to ICAC 
        task forces and other Federal, State, and local law enforcement 
        agencies in the areas of investigations, forensics, 
        prosecution, community outreach, and capacity-building, using 
        recognized experts to assist in the development and delivery of 
        training programs;
            (4) increasing the number of Internet crimes against 
        children offenses being investigated and prosecuted in both 
        Federal and State courts;
            (5) creating a multiagency task force response to Internet 
        crimes against children offenses within each State;
            (6) participating in the Department of Justice's Project 
        Safe Childhood initiative, the purpose of which is to combat 
        technology-facilitated sexual exploitation crimes against 
        children;
            (7) enhancing nationwide responses to Internet crimes 
        against children offenses, including assisting other ICAC task 
        forces, as well as other Federal, State, and local agencies 
        with Internet crimes against children investigations and 
        prosecutions;
            (8) developing and delivering Internet crimes against 
        children public awareness and prevention programs; and
            (9) participating in such other activities, both proactive 
        and reactive, that will enhance investigations and prosecutions 
        of Internet crimes against children.

SEC. 2814. DUTIES AND FUNCTIONS OF TASK FORCES.

    Each State or local ICAC task force that is part of the national 
program of task forces shall--
            (1) consist of State and local investigators, prosecutors, 
        forensic specialists, and education specialists who are 
        dedicated to addressing the goals of such task force;
            (2) work consistently toward achieving the purposes 
        described in section 2813;
            (3) engage in proactive investigations, forensic 
        examinations, and effective prosecutions of Internet crimes 
        against children;
            (4) provide forensic, preventive, and investigative 
        assistance to parents, educators, prosecutors, law enforcement, 
        and others concerned with Internet crimes against children;
            (5) develop multijurisdictional, multiagency responses and 
        partnerships to Internet crimes against children offenses 
        through ongoing informational, administrative, and 
        technological support to other State and local law enforcement 
        agencies, as a means for such agencies to acquire the necessary 
        knowledge, personnel, and specialized equipment to investigate 
        and prosecute such offenses;
            (6) participate in nationally coordinated investigations in 
        any case in which the Attorney General determines such 
        participation to be necessary, as permitted by the available 
        resources of such task force;
            (7) establish or adopt investigative and prosecution 
        standards, consistent with established norms, to which such 
        task force shall comply;
            (8) investigate, and seek prosecution on, tips related to 
        Internet crimes against children, including tips from Operation 
        Fairplay, the National Internet Crimes Against Children Data 
        System established in section 2815, the National Center for 
        Missing and Exploited Children's CyberTipline, ICAC task 
        forces, and other Federal, State, and local agencies, with 
        priority being given to investigative leads that indicate the 
        possibility of identifying or rescuing child victims, including 
        investigative leads that indicate a likelihood of seriousness 
        of offense or dangerousness to the community;
            (9) develop procedures for handling seized evidence;
            (10) maintain--
                    (A) such reports and records as are required under 
                this part; and
                    (B) such other reports and records as determined by 
                the Attorney General; and
            (11) seek to comply with national standards regarding the 
        investigation and prosecution of Internet crimes against 
        children, as set forth by the Attorney General, to the extent 
        such standards are consistent with the law of the State where 
        the task force is located.

SEC. 2815. NATIONAL INTERNET CRIMES AGAINST CHILDREN DATA SYSTEM.

    (a) In General.--The Attorney General shall establish, consistent 
with all existing Federal laws relating to the protection of privacy, a 
National Internet Crimes Against Children Data System. The system shall 
not be used to search for or obtain any information that does not 
involve the use of the Internet to post or traffic images of child 
exploitation.
    (b) Purpose of System.--The National Internet Crimes Against 
Children Data System established under subsection (a) shall be 
dedicated to assisting and supporting credentialed law enforcement 
agencies authorized to investigate child exploitation in accordance 
with Federal, State, local, and tribal laws, including by providing 
assistance and support to--
            (1) Federal agencies investigating and prosecuting child 
        exploitation;
            (2) the ICAC Task Force Program established under section 
        2812;
            (3) State, local, and tribal agencies investigating and 
        prosecuting child exploitation; and
            (4) foreign or international law enforcement agencies, 
        subject to approval by the Attorney General.
    (c) Cyber Safe Deconfliction and Information Sharing.--The National 
Internet Crimes Against Children Data System established under 
subsection (a)--
            (1) shall be housed and maintained within the Department of 
        Justice or a credentialed law enforcement agency;
            (2) shall be made available for a nominal charge to support 
        credentialed law enforcement agencies in accordance with 
        subsection (b); and
            (3) shall--
                    (A) allow Federal, State, local, and tribal 
                agencies and ICAC task forces investigating and 
                prosecuting child exploitation to contribute and access 
                data for use in resolving case conflicts;
                    (B) provide, directly or in partnership with a 
                credentialed law enforcement agency, a dynamic 
                undercover infrastructure to facilitate online law 
                enforcement investigations of child exploitation;
                    (C) facilitate the development of essential 
                software and network capability for law enforcement 
                participants; and
                    (D) provide software or direct hosting and support 
                for online investigations of child exploitation 
                activities, or, in the alternative, provide users with 
                a secure connection to an alternative system that 
                provides such capabilities, provided that the system is 
                hosted within a governmental agency or a credentialed 
                law enforcement agency.
    (d) Collection and Reporting of Data.--
            (1) In general.--The National Internet Crimes Against 
        Children Data System established under subsection (a) shall 
        ensure the following:
                    (A) Real-time reporting.--All child exploitation 
                cases involving local child victims that are reasonably 
                detectable using available software and data are, 
                immediately upon their detection, made available to 
                participating law enforcement agencies.
                    (B) High-priority suspects.--Every 30 days, at 
                minimum, the National Internet Crimes Against Children 
                Data System shall--
                            (i) identify high-priority suspects, as 
                        such suspects are determined by the volume of 
                        suspected criminal activity or other indicators 
                        of seriousness of offense or dangerousness to 
                        the community or a potential local victim; and
                            (ii) report all such identified high-
                        priority suspects to participating law 
                        enforcement agencies.
                    (C) Annual reports.--Any statistical data 
                indicating the overall magnitude of child pornography 
                trafficking and child exploitation in the United States 
                and internationally is made available and included in 
                the National Strategy, as is required under section 
                2811(c)(16).
            (2) Rule of construction.--Nothing in this subsection shall 
        be construed to limit the ability of participating law 
        enforcement agencies to disseminate investigative leads or 
        statistical information in accordance with State and local 
        laws.
    (e) Mandatory Requirements of Network.--The National Internet 
Crimes Against Children Data System established under subsection (a) 
shall develop, deploy, and maintain an integrated technology and 
training program that provides--
            (1) a secure, online system for Federal law enforcement 
        agencies, ICAC task forces, and other State, local, and tribal 
        law enforcement agencies for use in resolving case conflicts, 
        as provided in subsection (c);
            (2) a secure system enabling online communication and 
        collaboration by Federal law enforcement agencies, ICAC task 
        forces, and other State, local, and tribal law enforcement 
        agencies regarding ongoing investigations, investigatory 
        techniques, best practices, and any other relevant news and 
        professional information;
            (3) a secure online data storage and analysis system for 
        use by Federal law enforcement agencies, ICAC task forces, and 
        other State, local, and tribal law enforcement agencies;
            (4) secure connections or interaction with State and local 
        law enforcement computer networks, consistent with reasonable 
        and established security protocols and guidelines;
            (5) guidelines for use of the National Internet Crimes 
        Against Children Data System by Federal, State, local, and 
        tribal law enforcement agencies and ICAC task forces; and
            (6) training and technical assistance on the use of the 
        National Internet Crimes Against Children Data System by 
        Federal, State, local, and tribal law enforcement agencies and 
        ICAC task forces.
    (f) National Internet Crimes Against Children Data System Steering 
Committee.--The Attorney General shall establish a National Internet 
Crimes Against Children Data System Steering Committee to provide 
guidance to the Network relating to the program under subsection (e), 
and to assist in the development of strategic plans for the System. The 
Steering Committee shall consist of 10 members with expertise in child 
exploitation prevention and interdiction prosecution, investigation, or 
prevention, including--
            (1) 3 representatives elected by the local directors of the 
        ICAC task forces, such representatives shall represent 
        different geographic regions of the country;
            (2) 1 representative of the Department of Justice Office of 
        Information Services;
            (3) 1 representative from Operation Fairplay, currently 
        hosted at the Wyoming Office of the Attorney General;
            (4) 1 representative from the law enforcement agency having 
        primary responsibility for hosting and maintaining the National 
        Internet Crimes Against Children Data System;
            (5) 1 representative of the Federal Bureau of 
        Investigation's Innocent Images National Initiative or Regional 
        Computer Forensic Lab program;
            (6) 1 representative of the Immigration and Customs 
        Enforcement's Cyber Crimes Center;
            (7) 1 representative of the United States Postal Inspection 
        Service; and
            (8) 1 representative of the Department of Justice.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated for each of the fiscal years 2009 through 2016, $2,000,000 
to carry out the provisions of this section.
    (h) Rule of Construction.--Nothing in this section may be construed 
to authorize any activity that is inconsistent with any Federal law, 
regulation, or constitutional constraint.

SEC. 2816. ICAC GRANT PROGRAM.

    (a) Establishment.--
            (1) In general.--The Attorney General is authorized to 
        award grants to State and local ICAC task forces to assist in 
        carrying out the duties and functions described under section 
        2814.
            (2) Formula grants.--
                    (A) Development of formula.--At least 75 percent of 
                the total funds appropriated to carry out this section 
                shall be available to award or otherwise distribute 
                grants pursuant to a funding formula established by the 
                Attorney General in accordance with the requirements in 
                subparagraph (B).
                    (B) Formula requirements.--Any formula established 
                by the Attorney General under subparagraph (A) shall--
                            (i) ensure that each State or local ICAC 
                        task force shall, at a minimum, receive an 
                        amount equal to 0.5 percent of the funds 
                        available to award or otherwise distribute 
                        grants under subparagraph (A); and
                            (ii) take into consideration the following 
                        factors:
                                    (I) The population of each State, 
                                as determined by the most recent 
                                decennial census performed by the 
                                Bureau of the Census.
                                    (II) The number of investigative 
                                leads within the applicant's 
                                jurisdiction generated by Operation 
                                Fairplay, the ICAC Data Network, the 
                                CyberTipline, and other sources.
                                    (III) The number of criminal cases 
                                related to Internet crimes against 
                                children referred to a task force for 
                                Federal, State, or local prosecution.
                                    (IV) The number of successful 
                                prosecutions of child exploitation 
                                cases by a task force.
                                    (V) The amount of training, 
                                technical assistance, and public 
                                education or outreach by a task force 
                                related to the prevention, 
                                investigation, or prosecution of child 
                                exploitation offenses.
                                    (VI) Such other criteria as the 
                                Attorney General determines demonstrate 
                                the level of need for additional 
                                resources by a task force.
            (3) Distribution of remaining funds based on need.--
                    (A) In general.--Any funds remaining from the total 
                funds appropriated to carry out this section after 
                funds have been made available to award or otherwise 
                distribute formula grants under paragraph (2)(A) shall 
                be distributed to State and local ICAC task forces 
                based upon need, as set forth by criteria established 
                by the Attorney General. Such criteria shall include 
                the factors under paragraph (2)(B)(ii).
                    (B) Matching requirement.--A State or local ICAC 
                task force shall contribute matching non-Federal funds 
                in an amount equal to not less than 25 percent of the 
                amount of funds received by the State or local ICAC 
                task force under subparagraph (A). A State or local 
                ICAC task force that is not able or willing to 
                contribute matching funds in accordance with this 
                subparagraph shall not be eligible for funds under 
                subparagraph (A).
                    (C) Waiver.--The Attorney General may waive, in 
                whole or in part, the matching requirement under 
                subparagraph (B) if the State or local ICAC task force 
                demonstrates good cause or financial hardship.
    (b) Application.--
            (1) In general.--Each State or local ICAC task force 
        seeking a grant under this section shall submit an application 
        to the Attorney General at such time, in such manner, and 
        accompanied by such information as the Attorney General may 
        reasonably require.
            (2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall--
                    (A) describe the activities for which assistance 
                under this section is sought; and
                    (B) provide such additional assurances as the 
                Attorney General determines to be essential to ensure 
                compliance with the requirements of this part.
    (c) Allowable Uses.--Grants awarded under this section may be used 
to--
            (1) hire personnel, investigators, prosecutors, education 
        specialists, and forensic specialists;
            (2) establish and support forensic laboratories utilized in 
        Internet crimes against children investigations;
            (3) support investigations and prosecutions of Internet 
        crimes against children;
            (4) conduct and assist with education programs to help 
        children and parents protect themselves from Internet 
        predators;
            (5) conduct and attend training sessions related to 
        successful investigations and prosecutions of Internet crimes 
        against children; and
            (6) fund any other activities directly related to 
        preventing, investigating, or prosecuting Internet crimes 
        against children.
    (d) Reporting Requirements.--
            (1) ICAC reports.--To measure the results of the activities 
        funded by grants under this section, and to assist the Attorney 
        General in complying with the Government Performance and 
        Results Act (Public Law 103-62; 107 Stat. 285), each State or 
        local ICAC task force receiving a grant under this section 
        shall, on an annual basis, submit a report to the Attorney 
        General that sets forth the following:
                    (A) Staffing levels of the task force, including 
                the number of investigators, prosecutors, education 
                specialists, and forensic specialists dedicated to 
                investigating and prosecuting Internet crimes against 
                children.
                    (B) Investigation and prosecution performance 
                measures of the task force, including--
                            (i) the number of investigations initiated 
                        related to Internet crimes against children;
                            (ii) the number of arrests related to 
                        Internet crimes against children; and
                            (iii) the number of prosecutions for 
                        Internet crimes against children, including--
                                    (I) whether the prosecution 
                                resulted in a conviction for such 
                                crime; and
                                    (II) the sentence and the statutory 
                                maximum for such crime under State law.
                    (C) The number of referrals made by the task force 
                to the United States Attorneys office, including 
                whether the referral was accepted by the United States 
                Attorney.
                    (D) Statistics that account for the disposition of 
                investigations that do not result in arrests or 
                prosecutions, such as referrals to other law 
                enforcement.
                    (E) The number of investigative technical 
                assistance sessions that the task force provided to 
                nonmember law enforcement agencies.
                    (F) The number of computer forensic examinations 
                that the task force completed.
                    (G) The number of law enforcement agencies 
                participating in Internet crimes against children 
                program standards established by the task force.
            (2) Report to congress.--Not later than 1 year after the 
        date of enactment of this Act, the Attorney General shall 
        submit a report to Congress on--
                    (A) the progress of the development of the ICAC 
                Task Force Program established under section 2812; and
                    (B) the number of Federal and State investigations, 
                prosecutions, and convictions in the prior 12-month 
                period related to child exploitation.

SEC. 2817. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this part--
            (1) $60,000,000 for fiscal year 2009;
            (2) $60,000,000 for fiscal year 2010;
            (3) $60,000,000 for fiscal year 2011;
            (4) $60,000,000 for fiscal year 2012; and
            (5) $60,000,000 for fiscal year 2013.
    (b) Availability.--Funds appropriated under subsection (a) shall 
remain available until expended.

       PART II--ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION

SEC. 2821. ADDITIONAL REGIONAL COMPUTER FORENSIC LABS.

    (a) Additional Resources.--The Attorney General shall establish 
additional computer forensic capacity to address the current backlog 
for computer forensics, including for child exploitation 
investigations. The Attorney General may utilize funds under this part 
to increase capacity at existing regional forensic laboratories or to 
add laboratories under the Regional Computer Forensic Laboratories 
Program operated by the Federal Bureau of Investigation.
    (b) Purpose of New Resources.--The additional forensic capacity 
established by resources provided under this section shall be dedicated 
to assist Federal agencies, State and local Internet Crimes Against 
Children task forces, and other Federal, State, and local law 
enforcement agencies in preventing, investigating, and prosecuting 
Internet crimes against children.
    (c) New Computer Forensic Labs.--If the Attorney General determines 
that new regional computer forensic laboratories are required under 
subsection (a) to best address existing backlogs, such new laboratories 
shall be established pursuant to subsection (d).
    (d) Location of New Labs.--The location of any new regional 
computer forensic laboratories under this section shall be determined 
by the Attorney General, in consultation with the Director of the 
Federal Bureau of Investigation, the Regional Computer Forensic 
Laboratory National Steering Committee, and other relevant 
stakeholders.
    (e) Report.--Not later than 1 year after the date of enactment of 
this Act, and every year thereafter, the Attorney General shall submit 
a report to the Congress on how the funds appropriated under this 
section were utilized.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal years 2009 through 2013, $2,000,000 to carry 
out the provisions of this section.

           PART III--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION

SEC. 2831. PROHIBIT THE BROADCAST OF LIVE IMAGES OF CHILD ABUSE.

    Section 2251 of title 18, United States Code is amended--
            (1) in subsection (a), by--
                    (A) inserting ``or for the purpose of transmitting 
                a live visual depiction of such conduct'' after ``for 
                the purpose of producing any visual depiction of such 
                conduct'';
                    (B) inserting ``or transmitted'' after ``if such 
                person knows or has reason to know that such visual 
                depiction will be transported'';
                    (C) inserting ``or transmitted'' after ``if that 
                visual depiction was produced''; and
                    (D) inserting ``or transmitted'' after ``has 
                actually been transported''; and
            (2) in subsection (b), by--
                    (A) inserting ``or for the purpose of transmitting 
                a live visual depiction of such conduct'' after ``for 
                the purpose of producing any visual depiction of such 
                conduct'';
                    (B) inserting ``or transmitted'' after ``person 
                knows or has reason to know that such visual depiction 
                will be transported'';
                    (C) inserting ``or transmitted'' after ``if that 
                visual depiction was produced''; and
                    (D) inserting ``or transmitted'' after ``has 
                actually been transported''.

SEC. 2832. AMENDMENT TO SECTION 2256 OF TITLE 18, UNITED STATES CODE.

    Section 2256(5) of title 18, United States Code is amended by--
            (1) striking ``and'' before ``data'';
            (2) after ``visual image'' by inserting ``, and data which 
        is capable of conversion into a visual image that has been 
        transmitted by any means, whether or not stored in a permanent 
        format''.

SEC. 2833. AMENDMENT TO SECTION 2260 OF TITLE 18, UNITED STATES CODE.

    Section 2260(a) of title 18, United States Code, is amended by--
            (1) inserting ``or for the purpose of transmitting a live 
        visual depiction of such conduct'' after ``for the purpose of 
        producing any visual depiction of such conduct''; and
            (2) inserting ``or transmitted'' after ``imported''.

SEC. 2834. PROHIBITING THE ADAPTATION OR MODIFICATION OF AN IMAGE OF AN 
              IDENTIFIABLE MINOR TO PRODUCE CHILD PORNOGRAPHY.

    (a) Offense.--Subsection (a) of section 2252A of title 18, United 
States Code, is amended--
            (1) in paragraph (5), by striking ``; or'' at the end and 
        inserting a semicolon;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; or''; and
            (3) by inserting after paragraph (6) the following:
            ``(7) in or affecting interstate or foreign commerce, 
        knowingly modifies, with intent to distribute, a visual 
        depiction of an identifiable minor so that the depiction 
        becomes child pornography.''.
    (b) Punishment.--Subsection (b) of section 2252A of title 18, 
United States Code, is amended by adding at the end the following:
            ``(3) Whoever violates, or attempts or conspires to 
        violate, subsection (a)(7) shall be fined under this title or 
        imprisoned not more than 15 years, or both.''.

      PART IV--NATIONAL INSTITUTE OF JUSTICE STUDY OF RISK FACTORS

SEC. 2841. NIJ STUDY OF RISK FACTORS FOR ASSESSING DANGEROUSNESS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the National Institute of Justice shall prepare a report 
to identify investigative factors that reliably indicate whether a 
subject of an online child exploitation investigation poses a high risk 
of harm to children. Such a report shall be prepared in consultation 
and coordination with Federal law enforcement agencies, the National 
Center for Missing and Exploited Children, Operation Fairplay at the 
Wyoming Attorney General's Office, the Internet Crimes Against Children 
Task Force, and other State and local law enforcement.
    (b) Contents of Analysis.--The report required by subsection (a) 
shall include a thorough analysis of potential investigative factors in 
on-line child exploitation cases and an appropriate examination of 
investigative data from prior prosecutions and case files of identified 
child victims.
    (c) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the National Institute of Justice shall submit a 
report to the House and Senate Judiciary Committees that includes the 
findings of the study required by this section and makes 
recommendations on technological tools and law enforcement procedures 
to help investigators prioritize scarce resources to those cases where 
there is actual hands-on abuse by the suspect.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $500,000 to the National Institute of Justice to conduct 
the study required under this section.

           TITLE III--ENVIRONMENT AND PUBLIC WORKS PROVSIONS

                 Subtitle A--Captive Primate Safety Act

SEC. 3001. SHORT TITLE.

    This subtitle may be cited as the ``Captive Primate Safety Act''.

SEC. 3002. ADDITION OF NONHUMAN PRIMATES TO DEFINITION OF PROHIBITED 
              WILDLIFE SPECIES.

    Section 2(g) of the Lacey Act Amendments of 1981 (16 U.S.C. 
3371(g)) is amended by inserting before the period at the end ``or any 
nonhuman primate''.

SEC. 3003. CAPTIVE WILDLIFE AMENDMENTS.

    (a) Prohibited Acts.--Section 3 of the Lacey Act Amendments of 1981 
(16 U.S.C. 3372) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by inserting 
                        ``or'' after the semicolon;
                            (ii) in subparagraph (B)(iii), by striking 
                        ``; or'' and inserting a semicolon; and
                            (iii) by striking subparagraph (C); and
                    (B) in paragraph (4), by inserting ``or subsection 
                (e)'' before the period; and
            (2) in subsection (e)--
                    (A) by redesignating paragraphs (2), (3), (4), and 
                (5) as paragraphs (3), (4), (5), and (6) respectively;
                    (B) by striking ``(e)'' and all that follows 
                through ``Subsection (a)(2)(C) does not apply'' in 
                paragraph (1) and inserting the following:
    ``(e) Captive Wildlife Offense.--
            ``(1) In general.--It is unlawful for any person to import, 
        export, transport, sell, receive, acquire, or purchase in 
        interstate or foreign commerce any live animal of any 
        prohibited wildlife species.
            ``(2) Limitation on application.--This subsection--
                    ``(A) does not apply to a person transporting a 
                nonhuman primate to or from a veterinarian who is 
                licensed to practice veterinary medicine within the 
                United States, solely for the purpose of providing 
                veterinary care to the nonhuman primate, if--
                            ``(i) the person transporting the nonhuman 
                        primate carries written documentation issued by 
                        the veterinarian, including the appointment 
                        date and location;
                            ``(ii) the nonhuman primate is transported 
                        in a secure enclosure appropriate for that 
                        species of primate;
                            ``(iii) the nonhuman primate has no contact 
                        with any other animals or members of the 
                        public, other than the veterinarian and other 
                        authorized medical personnel providing 
                        veterinary care; and
                            ``(iv) such transportation and provision of 
                        veterinary care is in accordance with all 
                        otherwise applicable State and local laws, 
                        regulations, permits, and health certificates;
                    ``(B) does not apply to a person transporting a 
                nonhuman primate to a legally designated caregiver for 
                the nonhuman primate as a result of the death of the 
                preceding owner of the nonhuman primate, if--
                            ``(i) the person transporting the nonhuman 
                        primate is carrying legal documentation to 
                        support the need for transporting the nonhuman 
                        primate to the legally designated caregiver;
                            ``(ii) the nonhuman primate is transported 
                        in a secure enclosure appropriate for the 
                        species;
                            ``(iii) the nonhuman primate has no contact 
                        with any other animals or members of the public 
                        while being transported to the legally 
                        designated caregiver; and
                            ``(iv) all applicable State and local 
                        restrictions on such transport, and all 
                        applicable State and local requirements for 
                        permits or health certificates, are complied 
                        with;
                    ``(C) does not apply to a person transporting a 
                nonhuman primate solely for the purpose of assisting an 
                individual who is permanently disabled with a severe 
                mobility impairment, if--
                            ``(i) the nonhuman primate is a single 
                        animal of the genus Cebus;
                            ``(ii) the nonhuman primate was obtained 
                        from, and trained at, a licensed nonprofit 
                        organization described in section 501(c)(3) of 
                        the Internal Revenue Code of 1986 the nonprofit 
                        tax status of which was obtained--
                                    ``(I) before July 18, 2008; and
                                    ``(II) on the basis that the 
                                mission of the organization is to 
                                improve the quality of life of severely 
                                mobility-impaired individuals;
                            ``(iii) the person transporting the 
                        nonhuman primate is a specially trained 
                        employee or agent of a nonprofit organization 
                        described in clause (ii) that is transporting 
                        the nonhuman primate to or from a designated 
                        individual who is permanently disabled with a 
                        severe mobility impairment, or to or from a 
                        licensed foster care home providing specialty 
                        training of the nonhuman primate solely for 
                        purposes of assisting an individual who is 
                        permanently disabled with severe mobility 
                        impairment;
                            ``(iv) the person transporting the nonhuman 
                        primate carries documentation from the 
                        applicable nonprofit organization that includes 
                        the name of the designated individual referred 
                        to in clause (iii);
                            ``(v) the nonhuman primate is transported 
                        in a secure enclosure that is appropriate for 
                        that species;
                            ``(vi) the nonhuman primate has no contact 
                        with any animal or member of the public, other 
                        than the designated individual referred to in 
                        clause (iii); and
                            ``(vii) the transportation of the nonhuman 
                        primate is in compliance with--
                                    ``(I) all applicable State and 
                                local restrictions regarding the 
                                transport; and
                                    ``(II) all applicable State and 
                                local requirements regarding permits or 
                                health certificates; and
                    ``(D) does not apply'';
                    (C) in paragraph (2) (as redesignated by 
                subparagraph (A))--
                            (i) by striking ``a'' before ``prohibited'' 
                        and inserting ``any'';
                            (ii) by striking ``(3)'' and inserting 
                        ``(4)''; and
                            (iii) by striking ``(2)'' and inserting 
                        ``(3)'';
                    (D) in paragraph (3) (as redesignated by 
                subparagraph (A))--
                            (i) in subparagraph (C)--
                                    (I) in clauses (ii) and (iii), by 
                                striking ``animals listed in section 
                                2(g)'' each place it appears and 
                                inserting ``prohibited wildlife 
                                species''; and
                                    (II) in clause (iv), by striking 
                                ``animals'' and inserting ``prohibited 
                                wildlife species''; and
                            (ii) in subparagraph (D), by striking 
                        ``animal'' each place it appears and inserting 
                        ``prohibited wildlife species'';
                    (E) in paragraph (4) (as redesignated by 
                subparagraph (A)), by striking ``(2)'' and inserting 
                ``(3)'';
                    (F) in paragraph (6) (as redesignated by 
                subparagraph (A)), by striking ``subsection (a)(2)(C)'' 
                and inserting ``this subsection''; and
                    (G) by inserting after paragraph (6) (as 
                redesignated by subparagraph (A)) the following:
            ``(7) Application.--This subsection shall apply beginning 
        on the effective date of regulations promulgated under this 
        subsection.''.
    (b) Civil Penalties.--Section 4(a) of the Lacey Act Amendments of 
1981 (16 U.S.C. 3373(a)) is amended--
            (1) in paragraph (1), by inserting ``(e),'' after 
        ``subsections (b), (d),'' ; and
            (2) in paragraph (1), by inserting ``, (e),'' after 
        ``subsection (d)''.
    (c) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments 
of 1981 (16 U.S.C. 3373(d)) is amended--
            (1) in paragraphs (1)(A) and (1)(B) and in the first 
        sentence of paragraph (2), by inserting ``(e),'' after 
        ``subsections (b), (d),'' each place it appears; and
            (2) in paragraph (3), by inserting ``, (e),'' after 
        ``subsection (d)''.

SEC. 3004. APPLICABILITY PROVISION AMENDMENT.

    Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871; 
Public Law 108-191) is amended--
            (1) in subsection (a), by striking ``(a) In General.--
        Section 3'' and inserting ``Section 3''; and
            (2) by striking subsection (b).

SEC. 3005. REGULATIONS.

    Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 
3376(a)) is amended by adding at the end the following new paragraph:
            ``(3) The Secretary shall, in consultation with other 
        relevant Federal and State agencies, issue regulations to 
        implement section 3(e).''.

SEC. 3006. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL LAW 
              ENFORCEMENT PERSONNEL.

    In addition to such other amounts as are authorized to carry out 
the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.), there is 
authorized to be appropriated to the Secretary of the Interior 
$5,000,000 for fiscal year 2009 to hire additional law enforcement 
personnel of the United States Fish and Wildlife Service to enforce 
that Act.

Subtitle B--Chesapeake Bay Gateways and Watertrails Network Continuing 
                           Authorization Act

SEC. 3011. SHORT TITLE.

    This subtitle may be cited as the ``Chesapeake Bay Gateways and 
Watertrails Network Continuing Authorization Act''.

SEC. 3012. AUTHORIZATION OF APPROPRIATIONS.

    Section 502 of the Chesapeake Bay Initiative Act of 1998 (16 U.S.C. 
461 note; Public Law 105-312) is amended by striking subsection (c) and 
inserting the following:
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.''.

                Subtitle C--Beach Protection Act of 2008

SEC. 3021. SHORT TITLE.

    This subtitle may be cited as the ``Beach Protection Act of 2008''.

SEC. 3022. BEACHWATER POLLUTION SOURCE IDENTIFICATION AND PREVENTION.

    (a) In General.--Section 406 of the Federal Water Pollution Control 
Act (33 U.S.C. 1346) is amended in each of subsections (b), (c), (d), 
(g), and (h) by striking ``monitoring and notification'' each place it 
appears and inserting ``monitoring, public notification, source 
tracking, and sanitary surveys to address the identified sources of 
beachwater pollution''.
    (b) Authorization of Appropriations.--Section 406(i) of the Federal 
Water Pollution Control Act (33 U.S.C. 1346(i)) is amended by striking 
``$30,000,000 for each of fiscal years 2001 through 2005'' and 
inserting ``$60,000,000 for each of fiscal years 2008 through 2013''.

SEC. 3023. FUNDING FOR BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL 
              HEALTH ACT.

    Section 8 of the Beaches Environmental Assessment and Coastal 
Health Act of 2000 (114 Stat. 877) is amended by striking ``2005'' and 
inserting ``2013''.

SEC. 3024. STATE REPORTS.

    Section 406(b)(3)(A)(ii) of the Federal Water Pollution Control Act 
(33 U.S.C. 1346(b)(3)(A)(ii)) is amended by inserting ``and all 
environmental agencies of the State with authority to prevent or treat 
sources of beachwater pollution'' after ``public''.

SEC. 3025. USE OF RAPID TESTING METHODS.

    (a) Contents of State and Local Government Programs.--Section 
406(c)(4)(A) of the Federal Water Pollution Control Act (33 U.S.C. 
1346(c)(4)(A)) is amended by inserting ``, including the use of a rapid 
testing method after the last day of the 1-year period following the 
date of approval of the rapid testing method by the Administrator'' 
before the semicolon at the end.
    (b) Revised Criteria.--Section 304(a)(9) of the Federal Water 
Pollution Control Act (33 U.S.C. 1314(a)(9)) is amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``rapid'' before ``testing''; and
                    (B) by striking ``, as appropriate''; and
            (2) by adding at the end the following:
                    ``(C) Validation of rapid testing methods.--Not 
                later than 2 years after the date of enactment of this 
                subparagraph, and periodically thereafter, the 
                Administrator shall validate the rapid testing 
                methods.''.
    (c) Definition.--Section 502 of the Federal Water Pollution Control 
Act (33 U.S.C. 1362) is amended by adding at the end the following:
            ``(25) Rapid testing method.--The term `rapid testing 
        method' means a method of testing for which results are 
        available within 2 hours after commencement of the rapid 
        testing method.''.

SEC. 3026. PROMPT COMMUNICATION WITH STATE ENVIRONMENTAL AGENCIES.

    Section 406(c)(5) of the Federal Water Pollution Control Act (33 
U.S.C. 1346(c)(5)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``prompt communication'' and inserting ``communication within 
        24 hours of the receipt of the results of a water quality 
        sample'';
            (2) in subparagraph (A), by striking ``and'' at the end;
            (3) in subparagraph (B), by inserting ``and'' after the 
        semicolon at the end; and
            (4) by adding at the end the following:
                    ``(C) all agencies of the State government with 
                authority to require the prevention or treatment of the 
                sources of beachwater pollution;''.

SEC. 3027. CONTENT OF STATE AND LOCAL PROGRAMS.

    Section 406(c) of the Federal Water Pollution Control Act (33 
U.S.C. 1346(c)) is amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting a semicolon;
            (3) by adding at the end the following:
            ``(8) measures to develop and implement a beachwater 
        pollution source identification and tracking program for the 
        coastal recreation waters that are not meeting applicable water 
        quality standards for pathogens and pathogen indicators;
            ``(9) a publicly accessible and searchable geographical 
        information system database with information updated within 24 
        hours of the availability of the information, organized by 
        beach and with defined standards, sampling plan, monitoring 
        protocols, sampling results, and number and cause of beach 
        closing and advisory days; and
            ``(10) measures to ensure that closures or advisories are 
        made or issued within 24 hours after the State government 
        determines that any coastal recreation waters in the State are 
        not meeting or are not expected to meet applicable water 
        quality standards for pathogens and pathogen indicators.''.

SEC. 3028. COMPLIANCE REVIEW.

    Section 406(h) of the Federal Water Pollution Control Act (33 
U.S.C. 1346(h)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and indenting the 
        subparagraphs appropriately;
            (2) by striking ``In the'' and inserting the following: 
        ``(1) In general.--In the''; and
            (3) by adding at the end the following:
            ``(2) Compliance review.--On or before July 31 of each 
        calendar year beginning after the date of enactment of this 
        paragraph, the Administrator shall--
                    ``(A) prepare a written assessment of compliance 
                with all statutory and regulatory requirements of this 
                section for each State and local government, and of 
                compliance with conditions of each grant made under 
                this section to a State or local government, including 
                compliance with any requirement or condition under 
                subsection (a)(2) or (c);
                    ``(B) notify the State or local government of the 
                assessment; and
                    ``(C) make each of the assessments available to the 
                public in a searchable database on or before December 
                31 of the calendar year.
            ``(3) Corrective action.--
                    ``(A) In general.--Any State or local government 
                that the Administrator notifies under paragraph (2) 
                that the State or local government is not in compliance 
                with any requirement or grant condition described in 
                paragraph (2) shall take such action as is necessary to 
                comply with the requirement or condition by not later 
                than 1 year after the date of the notification.
                    ``(B) Noncompliance.--If the State or local 
                government is not in compliance with such a requirement 
                or condition by the date that is 1 year after the 
                deadline specified in subparagraph (A), any grants made 
                under subsection (b) to the State or local government, 
                after the last day of the 1-year period and while the 
                State or local government is not in compliance with all 
                requirements and grant conditions described in 
                paragraph (2), shall require a Federal share of not to 
                exceed 50 percent.
            ``(4) GAO review.--Not later than December 31 of the third 
        calendar year beginning after the date of enactment of this 
        paragraph, the Comptroller General of the United States shall--
                    ``(A) conduct a review of the activities of the 
                Administrator under paragraphs (2) and (3) during the 
                first and second calendar years beginning after that 
                date of enactment; and
                    ``(B) submit to Congress a report on the results of 
                the review.''.

SEC. 3029. STUDY OF GRANT DISTRIBUTION FORMULA.

    (a) Study.--Not later than 30 days after the date of enactment of 
this Act, the Administrator of the Environmental Protection Agency 
(referred to in this section as the ``Administrator'') shall commence a 
study of the formula for the distribution of grants under section 406 
of the Federal Water Pollution Control Act (33 U.S.C. 1346) for the 
purpose of identifying potential revisions of that formula.
    (b) Requirements.--In conducting the study, the Administrator 
shall--
            (1) consider the emphasis and valuation placed on length of 
        beach season, including any findings made by the Government 
        Accountability Office with respect to that emphasis and 
        valuation; and
            (2) consult with appropriate Federal, State, and local 
        agencies.
    (c) Report and Revision.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall--
            (1) submit to the Committee on Environment and Public Works 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report on the 
        results of the study, including any recommendations for 
        revisions of the distribution formula referred to in subsection 
        (a); and
            (2) revise the distribution formula referred to in 
        subsection (a) in accordance with those recommendations.

  Subtitle D--Appalachian Regional Development Act Amendments of 2008

SEC. 3031. SHORT TITLE.

    This subtitle may be cited as the ``Appalachian Regional 
Development Act Amendments of 2008''.

SEC. 3032. LIMITATION ON AVAILABLE AMOUNTS; MAXIMUM COMMISSION 
              CONTRIBUTION.

    (a) Grants and Other Assistance.--Section 14321(a) of title 40, 
United States Code, is amended--
            (1) in paragraph (1)(A) by striking clause (i) and 
        inserting the following:
                            ``(i) the amount of the grant shall not 
                        exceed--
                                    ``(I) 50 percent of administrative 
                                expenses;
                                    ``(II) at the discretion of the 
                                Commission, if the grant is to a local 
                                development district that has a charter 
                                or authority that includes the economic 
                                development of a county or a part of a 
                                county for which a distressed county 
                                designation is in effect under section 
                                14526, 75 percent of administrative 
                                expenses; or
                                    ``(III) at the discretion of the 
                                Commission, if the grant is to a local 
                                development district that has a charter 
                                or authority that includes the economic 
                                development of a county or a part of a 
                                county for which an at-risk county 
                                designation is in effect under section 
                                14526, 70 percent of administrative 
                                expenses;''; and
            (2) in paragraph (2) by striking subparagraph (A) and 
        inserting the following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), of the cost of any activity eligible 
                for financial assistance under this section, not more 
                than--
                            ``(i) 50 percent may be provided from 
                        amounts appropriated to carry out this 
                        subtitle;
                            ``(ii) in the case of a project to be 
                        carried out in a county for which a distressed 
                        county designation is in effect under section 
                        14526, 80 percent may be provided from amounts 
                        appropriated to carry out this subtitle; or
                            ``(iii) in the case of a project to be 
                        carried out in a county for which an at-risk 
                        county designation is in effect under section 
                        14526, 70 percent may be provided from amounts 
                        appropriated to carry out this subtitle.''.
    (b) Demonstration Health Projects.--Section 14502 of title 40, 
United States Code, is amended--
            (1) in subsection (d) by striking paragraph (2) and 
        inserting the following:
            ``(2) Limitation on available amounts.--Grants under this 
        section for the operation (including initial operating amounts 
        and operating deficits, which include the cost of attracting, 
        training, and retaining qualified personnel) of a demonstration 
        health project, whether or not constructed with amounts 
        authorized to be appropriated by this section, may be made for 
        up to--
                    ``(A) 50 percent of the cost of that operation;
                    ``(B) in the case of a project to be carried out in 
                a county for which a distressed county designation is 
                in effect under section 14526, 80 percent of the cost 
                of that operation; or
                    ``(C) in the case of a project to be carried out 
                for a county for which an at-risk county designation is 
                in effect under section 14526, 70 percent of the cost 
                of that operation.''; and
            (2) in subsection (f)--
                    (A) in paragraph (1) by striking ``paragraph (2)'' 
                and inserting ``paragraphs (2) and (3)''; and
                    (B) by adding at the end the following:
            ``(3) At-risk counties.--The maximum Commission 
        contribution for a project to be carried out in a county for 
        which an at-risk county designation is in effect under section 
        14526 may be increased to the lesser of--
                    ``(A) 70 percent; or
                    ``(B) the maximum Federal contribution percentage 
                authorized by this section.''.
    (c) Assistance for Proposed Low- and Middle-Income Housing 
Projects.--Section 14503 of title 40, United States Code, is amended--
            (1) in subsection (d) by striking paragraph (1) and 
        inserting the following:
            ``(1) Limitation on available amounts.--A loan under 
        subsection (b) for the cost of planning and obtaining financing 
        (including the cost of preliminary surveys and analyses of 
        market needs, preliminary site engineering and architectural 
        fees, site options, application and mortgage commitment fees, 
        legal fees, and construction loan fees and discounts) of a 
        project described in that subsection may be made for up to--
                    ``(A) 50 percent of that cost;
                    ``(B) in the case of a project to be carried out in 
                a county for which a distressed county designation is 
                in effect under section 14526, 80 percent of that cost; 
                or
                    ``(C) in the case of a project to be carried out 
                for a county for which an at-risk county designation is 
                in effect under section 14526, 70 percent of that 
                cost.''; and
            (2) in subsection (e) by striking paragraph (1) and 
        inserting the following:
            ``(1) In general.--A grant under this section for expenses 
        incidental to planning and obtaining financing for a project 
        under this section that the Secretary considers to be 
        unrecoverable from the proceeds of a permanent loan made to 
        finance the project shall--
                    ``(A) not be made to an organization established 
                for profit; and
                    ``(B) except as provided in paragraph (2), not 
                exceed--
                            ``(i) 50 percent of those expenses;
                            ``(ii) in the case of a project to be 
                        carried out in a county for which a distressed 
                        county designation is in effect under section 
                        14526, 80 percent of those expenses; or
                            ``(iii) in the case of a project to be 
                        carried out in a county for which an at-risk 
                        county designation is in effect under section 
                        14526, 70 percent of those expenses.''.
    (d) Telecommunications and Technology Initiative.--Section 14504 of 
title 40, United States Code, is amended by striking subsection (b) and 
inserting the following:
    ``(b) Limitation on Available Amounts.--Of the cost of any activity 
eligible for a grant under this section, not more than--
            ``(1) 50 percent may be provided from amounts appropriated 
        to carry out this section;
            ``(2) in the case of a project to be carried out in a 
        county for which a distressed county designation is in effect 
        under section 14526, 80 percent may be provided from amounts 
        appropriated to carry out this section; or
            ``(3) in the case of a project to be carried out in a 
        county for which an at-risk county designation is in effect 
        under section 14526, 70 percent may be provided from amounts 
        appropriated to carry out this section.''.
    (e) Entrepreneurship Initiative.--Section 14505 of title 40, United 
States Code, is amended by striking subsection (c) and inserting the 
following:
    ``(c) Limitation on Available Amounts.--Of the cost of any activity 
eligible for a grant under this section, not more than--
            ``(1) 50 percent may be provided from amounts appropriated 
        to carry out this section;
            ``(2) in the case of a project to be carried out in a 
        county for which a distressed county designation is in effect 
        under section 14526, 80 percent may be provided from amounts 
        appropriated to carry out this section; or
            ``(3) in the case of a project to be carried out in a 
        county for which an at-risk county designation is in effect 
        under section 14526, 70 percent may be provided from amounts 
        appropriated to carry out this section.''.
    (f) Regional Skills Partnerships.--Section 14506 of title 40, 
United States Code, is amended by striking subsection (d) and inserting 
the following:
    ``(d) Limitation on Available Amounts.--Of the cost of any activity 
eligible for a grant under this section, not more than--
            ``(1) 50 percent may be provided from amounts appropriated 
        to carry out this section;
            ``(2) in the case of a project to be carried out in a 
        county for which a distressed county designation is in effect 
        under section 14526, 80 percent may be provided from amounts 
        appropriated to carry out this section; or
            ``(3) in the case of a project to be carried out in a 
        county for which an at-risk county designation is in effect 
        under section 14526, 70 percent may be provided from amounts 
        appropriated to carry out this section.''.
    (g) Supplements to Federal Grant Programs.--Section 14507(g) of 
title 40, United States Code, is amended--
            (1) in paragraph (1) by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)''; and
            (2) by adding at the end the following:
            ``(3) At-risk counties.--The maximum Commission 
        contribution for a project to be carried out in a county for 
        which an at-risk county designation is in effect under section 
        14526 may be increased to 70 percent.''.

SEC. 3033. ECONOMIC AND ENERGY DEVELOPMENT INITIATIVE.

    (a) In General.--Subchapter I of chapter 145 of subtitle IV of 
title 40, United States Code, is amended by adding at the end the 
following:
``Sec. 14508. Economic and energy development initiative
    ``(a) Projects To Be Assisted.--The Appalachian Regional Commission 
may provide technical assistance, make grants, enter into contracts, or 
otherwise provide amounts to persons or entities in the Appalachian 
region for projects and activities--
            ``(1) to promote energy efficiency in the Appalachian 
        region to enhance the economic competitiveness of the 
        Appalachian region;
            ``(2) to increase the use of renewable energy resources, 
        particularly biomass, in the Appalachian region to produce 
        alternative transportation fuels, electricity, and heat; and
            ``(3) to support the development of regional, conventional 
        energy resources to produce electricity and heat through 
        advanced technologies that achieve a substantial reduction in 
        emissions, including greenhouse gases, over the current 
        baseline.
    ``(b) Limitation on Available Amounts.--Of the cost of any activity 
eligible for a grant under this section, not more than--
            ``(1) 50 percent may be provided from amounts appropriated 
        to carry out this section;
            ``(2) in the case of a project to be carried out in a 
        county for which a distressed county designation is in effect 
        under section 14526, 80 percent may be provided from amounts 
        appropriated to carry out this section; or
            ``(3) in the case of a project to be carried out in a 
        county for which an at-risk county designation is in effect 
        under section 14526, 70 percent may be provided from amounts 
        appropriated to carry out this section.
    ``(c) Sources of Assistance.--Subject to subsection (b), grants 
provided under this section may be provided from amounts made available 
to carry out this section in combination with amounts made available 
under other Federal programs or from any other source.
    ``(d) Federal Share.--Notwithstanding any provision of law limiting 
the Federal share under any other Federal program, amounts made 
available to carry out this section may be used to increase that 
Federal share, as the Commission decides is appropriate.''.
    (b) Conforming Amendment.--The analysis for chapter 145 of title 
40, United States Code, is amended by inserting after the item relating 
to section 14507 the following:

``14508. Economic and energy development initiative.''.

SEC. 3034. DISTRESSED, AT-RISK, AND ECONOMICALLY STRONG COUNTIES.

    (a) Designation of At-Risk Counties.--Section 14526 of title 40, 
United States Code, is amended--
            (1) in the section heading by inserting ``, at-risk,'' 
        after ``Distressed''; and
            (2) in subsection (a)(1)--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (C);
                    (B) in subparagraph (A) by striking ``and'' at the 
                end; and
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) designate as `at-risk counties' those 
                counties in the Appalachian region that are most at 
                risk of becoming economically distressed; and''.
    (b) Conforming Amendment.--The analysis for chapter 145 of such 
title is amended by striking the item relating to section 14526 and 
inserting the following:

``14526. Distressed, at-risk, and economically strong counties.''.

SEC. 3035. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 14703(a) of title 40, United States Code, 
is amended to read as follows:
    ``(a) In General.--In addition to amounts made available under 
section 14501, there is authorized to be appropriated to the 
Appalachian Regional Commission to carry out this subtitle--
            ``(1) $87,000,000 for fiscal year 2008;
            ``(2) $100,000,000 for fiscal year 2009;
            ``(3) $105,000,000 for fiscal year 2010;
            ``(4) $108,000,000 for fiscal year 2011; and
            ``(5) $110,000,000 for fiscal year 2012.''.
    (b) Economic and Energy Development Initiative.--Section 14703(b) 
of such title is amended to read as follows:
    ``(b) Economic and Energy Development Initiative.--Of the amounts 
made available under subsection (a), the following amounts may be used 
to carry out section 14508--
            ``(1) $12,000,000 for fiscal year 2008;
            ``(2) $12,500,000 for fiscal year 2009;
            ``(3) $13,000,000 for fiscal year 2010;
            ``(4) $13,500,000 for fiscal year 2011; and
            ``(5) $14,000,000 for fiscal year 2012.''.
    (c) Allocation of Funds.--Section 14703 of such title is amended by 
adding at the end the following:
    ``(d) Allocation of Funds.--Funds approved by the Appalachian 
Regional Commission for a project in a State in the Appalachian region 
pursuant to a congressional directive shall be derived from the total 
amount allocated to the State by the Appalachian Regional Commission 
from amounts appropriated to carry out this subtitle.''.

SEC. 3036. TERMINATION.

    Section 14704 of title 40, United States Code, is amended by 
striking ``2007'' and inserting ``2012''.

SEC. 3037. ADDITIONS TO APPALACHIAN REGION.

    (a) Kentucky.--Section 14102(a)(1)(C) of title 40, United States 
Code, is amended--
            (1) by inserting ``Metcalfe,'' after ``Menifee,'';
            (2) by inserting ``Nicholas,'' after ``Morgan,''; and
            (3) by inserting ``Robertson,'' after ``Pulaski,''.
    (b) Ohio.--Section 14102(a)(1)(H) of such title is amended--
            (1) by inserting ``Ashtabula,'' after ``Adams,'';
            (2) by inserting ``Mahoning,'' after ``Lawrence,''; and
            (3) by inserting ``Trumbull,'' after ``Scioto,''.
    (c) Tennessee.--Section 14102(a)(1)(K) of such title is amended by 
inserting ``Lawrence, Lewis,'' after ``Knox,''.
    (d) Virginia.--Section 14102(a)(1)(L) of such title is amended--
            (1) by inserting ``Henry,'' after ``Grayson,''; and
            (2) by inserting ``Patrick,'' after ``Montgomery,''.

                 TITLE IV--FOREIGN RELATIONS PROVISIONS

   Subtitle A--Senator Paul Simon Study Abroad Foundation Act of 2008

SEC. 4001. SHORT TITLE.

    This subtitle may be cited as the ``Senator Paul Simon Study Abroad 
Foundation Act of 2008''.

SEC. 4002. FINDINGS.

    Congress makes the following findings:
            (1) According to President George W. Bush, ``America's 
        leadership and national security rest on our commitment to 
        educate and prepare our youth for active engagement in the 
        international community.''.
            (2) According to former President William J. Clinton, 
        ``Today, the defense of United States interests, the effective 
        management of global issues, and even an understanding of our 
        Nation's diversity require ever-greater contact with, and 
        understanding of, people and cultures beyond our borders.''.
            (3) Congress authorized the establishment of the Commission 
        on the Abraham Lincoln Study Abroad Fellowship Program pursuant 
        to section 104 of the Miscellaneous Appropriations and Offsets 
        Act, 2004 (division H of Public Law 108-199). Pursuant to its 
        mandate, the Lincoln Commission has submitted to Congress and 
        the President a report of its recommendations for greatly 
        expanding the opportunity for students at institutions of 
        higher education in the United States to study abroad, with 
        special emphasis on studying in developing nations.
            (4) According to the Lincoln Commission, ``[s]tudy abroad 
        is one of the major means of producing foreign language 
        speakers and enhancing foreign language learning'' and, for 
        that reason, ``is simply essential to the [N]ation's 
        security''.
            (5) Studies consistently show that United States students 
        score below their counterparts in other advanced countries on 
        indicators of international knowledge. This lack of global 
        literacy is a national liability in an age of global trade and 
        business, global interdependence, and global terror.
            (6) Americans believe that it is important for their 
        children to learn other languages, study abroad, attend a 
        college where they can interact with international students, 
        learn about other countries and cultures, and generally be 
        prepared for the global age.
            (7) In today's world, it is more important than ever for 
        the United States to be a responsible, constructive leader that 
        other countries are willing to follow. Such leadership cannot 
        be sustained without an informed citizenry with significant 
        knowledge and awareness of the world.
            (8) Study abroad has proven to be a very effective means of 
        imparting international and foreign-language competency to 
        students.
            (9) In any given year, only approximately one percent of 
        all students enrolled in United States institutions of higher 
        education study abroad.
            (10) Less than 10 percent of the students who graduate from 
        United States institutions of higher education with bachelors 
        degrees have studied abroad.
            (11) Far more study abroad must take place in developing 
        countries. Ninety-five percent of the world's population growth 
        over the next 50 years will occur outside of Europe. Yet in the 
        academic year 2004-2005, 60 percent of United States students 
        studying abroad studied in Europe, and 45 percent studied in 
        four countries--the United Kingdom, Italy, Spain, and France--
        according to the Institute of International Education.
            (12) The Final Report of the National Commission on 
        Terrorist Attacks Upon the United States (The 9/11 Commission 
        Report) recommended that the United States increase support for 
        ``scholarship, exchange, and library programs''. The 9/11 
        Public Discourse Project, successor to the 9/11 Commission, 
        noted in its November 14, 2005, status report that this 
        recommendation was ``unfulfilled,'' and stated that ``The U.S. 
        should increase support for scholarship and exchange programs, 
        our most powerful tool to shape attitudes over the course of a 
        generation.''. In its December 5, 2005, Final Report on the 9/
        11 Commission Recommendations, the 9/11 Public Discourse 
        Project gave the government a grade of ``D'' for its 
        implementation of this recommendation.
            (13) Investing in a national study abroad program would 
        help turn a grade of ``D'' into an ``A'' by equipping United 
        States students to communicate United States values and way of 
        life through the unique dialogue that takes place among 
        citizens from around the world when individuals study abroad.
            (14) An enhanced national study abroad program could help 
        further the goals of other United States Government initiatives 
        to promote educational, social, and political reform and the 
        status of women in developing and reforming societies around 
        the world, such as the Middle East Partnership Initiative.
            (15) To complement such worthwhile Federal programs and 
        initiatives as the Benjamin A. Gilman International Scholarship 
        Program, the National Security Education Program, and the 
        National Security Language Initiative, a broad-based 
        undergraduate study abroad program is needed that will make 
        many more study abroad opportunities accessible to all 
        undergraduate students, regardless of their field of study, 
        ethnicity, socio-economic status, or gender.

SEC. 4003. PURPOSES.

    The purposes of this subtitle are--
            (1) to significantly enhance the global competitiveness and 
        international knowledge base of the United States by ensuring 
        that more United States students have the opportunity to 
        acquire foreign language skills and international knowledge 
        through significantly expanded study abroad;
            (2) to enhance the foreign policy capacity of the United 
        States by significantly expanding and diversifying the talent 
        pool of individuals with non-traditional foreign language 
        skills and cultural knowledge in the United States who are 
        available for recruitment by United States foreign affairs 
        agencies, legislative branch agencies, and nongovernmental 
        organizations involved in foreign affairs activities;
            (3) to ensure that an increasing portion of study abroad by 
        United States students will take place in nontraditional study 
        abroad destinations such as the People's Republic of China, 
        countries of the Middle East region, and developing countries; 
        and
            (4) to create greater cultural understanding of the United 
        States by exposing foreign students and their families to 
        United States students in countries that have not traditionally 
        hosted large numbers of United States students.

SEC. 4004. DEFINITIONS.

    In this subtitle:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate.
            (2) Board.--The term ``Board'' means the Board of Directors 
        of the Foundation established pursuant to section 4005(d).
            (3) Chief executive officer.--The term ``Chief Executive 
        Officer'' means the chief executive officer of the Foundation 
        appointed pursuant to section 4005(c).
            (4) Foundation.--The term ``Foundation'' means the Senator 
        Paul Simon Study Abroad Foundation established by section 
        4005(a).
            (5) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (6) National of the united states.--The term ``national of 
        the United States'' means a national of the United States or an 
        alien lawfully admitted for permanent residence (as those terms 
        are defined in section 101 of the Immigration and Nationality 
        Act (8 U.S.C. 1101)).
            (7) Nontraditional study abroad destination.--The term 
        ``nontraditional study abroad destination'' means a location 
        that is determined by the Foundation to be a less common 
        destination for United States students who study abroad.
            (8) Study abroad.--The term ``study abroad'' means an 
        educational program of study, work, research, internship, or 
        combination thereof that is conducted outside the United States 
        and that carries academic credit toward fulfilling the 
        participating student's degree requirements.
            (9) United states.--The term ``United States'' means any of 
        the several States, the District of Columbia, Puerto Rico, the 
        Northern Mariana Islands, the Virgin Islands, Guam, American 
        Samoa, and any other territory or possession of the United 
        States.
            (10) United states student.--The term ``United States 
        student'' means a national of the United States who is enrolled 
        at an institution of higher education located within the United 
        States.

SEC. 4005. ESTABLISHMENT AND MANAGEMENT OF THE SENATOR PAUL SIMON STUDY 
              ABROAD FOUNDATION.

    (a) Establishment.--
            (1) In general.--There is established in the executive 
        branch a corporation to be known as the ``Senator Paul Simon 
        Study Abroad Foundation'' that shall be responsible for 
        carrying out this subtitle. The Foundation shall be a 
        government corporation, as defined in section 103 of title 5, 
        United States Code.
            (2) Board of directors.--The Foundation shall be governed 
        by a Board of Directors in accordance with subsection (d).
            (3) Intent of congress.--It is the intent of Congress in 
        establishing the structure of the Foundation set forth in this 
        subsection to create an entity that will administer a study 
        abroad program that--
                    (A) serves the long-term foreign policy and 
                national security needs of the United States; but
                    (B) operates independently of short-term political 
                and foreign policy considerations.
    (b) Mandate of Foundation.--In administering the program referred 
to in subsection (a)(3), the Foundation shall--
            (1) promote the objectives and purposes of this subtitle;
            (2) through responsive, flexible grant-making, promote 
        access to study abroad opportunities by United States students 
        at diverse institutions of higher education, including two-year 
        institutions, minority-serving institutions, and institutions 
        that serve nontraditional students;
            (3) through creative grant-making, promote access to study 
        abroad opportunities by diverse United States students, 
        including minority students, students of limited financial 
        means, and nontraditional students;
            (4) solicit funds from the private sector to supplement 
        funds made available under this subtitle; and
            (5) minimize administrative costs and maximize the 
        availability of funds for grants under this subtitle.
    (c) Chief Executive Officer.--
            (1) In general.--There shall be in the Foundation a Chief 
        Executive Officer who shall be responsible for the management 
        of the Foundation.
            (2) Appointment.--The Chief Executive Officer shall be 
        appointed by the Board and shall be a recognized leader in 
        higher education, business, or foreign policy, chosen on the 
        basis of a rigorous search.
            (3) Relationship to board.--The Chief Executive Officer 
        shall report to and be under the direct authority of the Board.
            (4) Compensation and rank.--
                    (A) In general.--The Chief Executive Officer shall 
                be compensated at the rate provided for level IV of the 
                Executive Schedule under section 5315 of title 5, 
                United States Code.
                    (B) Amendment.--Section 5315 of title 5, United 
                States Code, is amended by adding at the end the 
                following:
            ``Chief Executive Officer, Senator Paul Simon Study Abroad 
        Foundation.''.
            (5) Authorities and duties.--The Chief Executive Officer 
        shall be responsible for the management of the Foundation and 
        shall exercise the powers and discharge the duties of the 
        Foundation.
            (6) Authority to appoint officers.--In consultation and 
        with approval of the Board, the Chief Executive Officer shall 
        appoint all officers of the Foundation.
    (d) Board of Directors.--
            (1) Establishment.--There shall be in the Foundation a 
        Board of Directors.
            (2) Duties.--The Board shall perform the functions 
        specified to be carried out by the Board in this subtitle and 
        may prescribe, amend, and repeal bylaws, rules, regulations, 
        and procedures governing the manner in which the business of 
        the Foundation may be conducted and in which the powers granted 
        to it by law may be exercised.
            (3) Membership.--The Board shall consist of--
                    (A) the Secretary of State (or the Secretary's 
                designee), the Secretary of Education (or the 
                Secretary's designee), the Secretary of Defense (or the 
                Secretary's designee), and the Administrator of the 
                United States Agency for International Development (or 
                the Administrator's designee); and
                    (B) five other individuals with relevant experience 
                in matters relating to study abroad (such as 
                individuals who represent institutions of higher 
                education, business organizations, foreign policy 
                organizations, or other relevant organizations) who 
                shall be appointed by the President, by and with the 
                advice and consent of the Senate, of which--
                            (i) one individual shall be appointed from 
                        among a list of individuals submitted by the 
                        majority leader of the House of 
                        Representatives;
                            (ii) one individual shall be appointed from 
                        among a list of individuals submitted by the 
                        minority leader of the House of 
                        Representatives;
                            (iii) one individual shall be appointed 
                        from among a list of individuals submitted by 
                        the majority leader of the Senate; and
                            (iv) one individual shall be appointed from 
                        among a list of individuals submitted by the 
                        minority leader of the Senate.
            (4) Chief executive officer.--The Chief Executive Officer 
        of the Foundation shall serve as a nonvoting, ex officio member 
        of the Board.
            (5) Terms.--
                    (A) Officers of the federal government.--Each 
                member of the Board described in paragraph (3)(A) shall 
                serve for a term that is concurrent with the term of 
                service of the individual's position as an officer 
                within the other Federal department or agency.
                    (B) Other members.--Each member of the Board 
                described in paragraph (3)(B) shall be appointed for a 
                term of 3 years and may be reappointed for one 
                additional 3 year term.
                    (C) Vacancies.--A vacancy in the Board shall be 
                filled in the manner in which the original appointment 
                was made.
            (6) Chairperson.--There shall be a Chairperson of the 
        Board. The Secretary of State (or the Secretary's designee) 
        shall serve as the Chairperson.
            (7) Quorum.--A majority of the members of the Board 
        described in paragraph (3) shall constitute a quorum, which, 
        except with respect to a meeting of the Board during the 135-
        day period beginning on the date of the enactment of this Act, 
        shall include at least one member of the Board described in 
        paragraph (3)(B).
            (8) Meetings.--The Board shall meet at the call of the 
        Chairperson.
            (9) Compensation.--
                    (A) Officers of the federal government.--
                            (i) In general.--A member of the Board 
                        described in paragraph (3)(A) may not receive 
                        additional pay, allowances, or benefits by 
                        reason of the member's service on the Board.
                            (ii) Travel expenses.--Each such member of 
                        the Board shall receive travel expenses, 
                        including per diem in lieu of subsistence, in 
                        accordance with applicable provisions under 
                        subchapter I of chapter 57 of title 5, United 
                        States Code.
                    (B) Other members.--
                            (i) In general.--Except as provided in 
                        clause (ii), a member of the Board described in 
                        paragraph (3)(B) while away from the member's 
                        home or regular place of business on necessary 
                        travel in the actual performance of duties as a 
                        member of the Board, shall be paid per diem, 
                        travel, and transportation expenses in the same 
                        manner as is provided under subchapter I of 
                        chapter 57 of title 5, United States Code.
                            (ii) Limitation.--A member of the Board may 
                        not be paid compensation under clause (i) for 
                        more than 90 days in any calendar year.

SEC. 4006. ESTABLISHMENT AND OPERATION OF PROGRAM.

    (a) Establishment of the Program.--There is hereby established a 
program, which shall--
            (1) be administered by the Foundation; and
            (2) award grants to--
                    (A) United States students for study abroad;
                    (B) nongovernmental institutions that provide and 
                promote study abroad opportunities for United States 
                students, in consortium with institutions described in 
                subparagraph (C); and
                    (C) institutions of higher education, individually 
                or in consortium,
        in order to accomplish the objectives set forth in subsection 
        (b).
    (b) Objectives.--The objectives of the program established under 
subsection (a) are that, within 10 years of the date of the enactment 
of this Act--
            (1) not less than one million undergraduate United States 
        students will study abroad annually for credit;
            (2) the demographics of study-abroad participation will 
        reflect the demographics of the United States undergraduate 
        population, including students enrolled in community colleges, 
        minority-serving institutions, and institutions serving large 
        numbers of low-income and first-generation students; and
            (3) an increasing portion of study abroad will take place 
        in nontraditional study abroad destinations, with a substantial 
        portion of such increases taking place in developing countries.
    (c) Mandate of the Program.--In order to accomplish the objectives 
set forth in subsection (b), the Foundation shall, in administering the 
program established under subsection (a), take fully into account the 
recommendations of the Commission on the Abraham Lincoln Study Abroad 
Fellowship Program (established pursuant to section 104 of the 
Miscellaneous Appropriations and Offsets Act, 2004 (division H of 
Public Law 108-199)).
    (d) Structure of Grants.--
            (1) Promoting reform.--In accordance with the 
        recommendations of the Commission on the Abraham Lincoln Study 
        Abroad Fellowship Program, grants awarded under the program 
        established under subsection (a) shall be structured to the 
        maximum extent practicable to promote appropriate reforms in 
        institutions of higher education in order to remove barriers to 
        participation by students in study abroad.
            (2) Grants to individuals and institutions.--It is the 
        sense of Congress that--
                    (A) the Foundation should award not more than 25 
                percent of the funds awarded as grants to individuals 
                described in subparagraph (A) of subsection (a)(2) and 
                not less than 75 percent of such funds to institutions 
                described in subparagraphs (B) and (C) of such 
                subsection; and
                    (B) the Foundation should ensure that not less than 
                85 percent of the amount awarded to such institutions 
                is used to award scholarships to students.
    (e) Balance of Long-Term and Short-Term Study Abroad Programs.--In 
administering the program established under subsection (a), the 
Foundation shall seek an appropriate balance between--
            (1) longer-term study abroad programs, which maximize 
        foreign-language learning and intercultural understanding; and
            (2) shorter-term study abroad programs, which maximize the 
        accessibility of study abroad to nontraditional students.
    (f) Quality and Safety in Study Abroad.--In administering the 
program established under subsection (a), the Foundation shall require 
that institutions receiving grants demonstrate that--
            (1) the study abroad programs for which students receive 
        grant funds are for academic credit; and
            (2) the programs have established health and safety 
        guidelines and procedures.

SEC. 4007. ANNUAL REPORT.

    (a) Report Required.--Not later than December 15, 2008, and each 
December 15 thereafter, the Foundation shall submit to the appropriate 
congressional committees a report on the implementation of this 
subtitle during the prior fiscal year.
    (b) Contents.--The report required by subsection (a) shall 
include--
            (1) the total financial resources available to the 
        Foundation during the year, including appropriated funds, the 
        value and source of any gifts or donations accepted pursuant to 
        section 4008(a)(6), and any other resources;
            (2) a description of the Board's policy priorities for the 
        year and the bases upon which grant proposals were solicited 
        and awarded to institutions of higher education, 
        nongovernmental institutions, and consortiums pursuant to 
        section 4006(a)(2)(B) and 4006(a)(2)(C);
            (3) a list of grants made to institutions of higher 
        education, nongovernmental institutions, and consortiums 
        pursuant to section 4006(a)(2)(B) and 4006(a)(2)(C) that 
        includes the identity of the institutional recipient, the 
        dollar amount, the estimated number of study abroad 
        opportunities provided to United States students by each grant, 
        the amount of the grant used by each institution for 
        administrative expenses, and information on cost-sharing by 
        each institution receiving a grant;
            (4) a description of the bases upon which the Foundation 
        made grants directly to United States students pursuant to 
        section 4006(a)(2)(A);
            (5) the number and total dollar amount of grants made 
        directly to United States students by the Foundation pursuant 
        to section 4006(a)(2)(A); and
            (6) the total administrative and operating expenses of the 
        Foundation for the year, as well as specific information on--
                    (A) the number of Foundation employees and the cost 
                of compensation for Board members, Foundation 
                employees, and personal service contractors;
                    (B) costs associated with securing the use of real 
                property for carrying out the functions of the 
                Foundation;
                    (C) total travel expenses incurred by Board members 
                and Foundation employees in connection with Foundation 
                activities; and
                    (D) total representational expenses.

SEC. 4008. POWERS OF THE FOUNDATION; RELATED PROVISIONS.

    (a) Powers.--The Foundation--
            (1) shall have perpetual succession unless dissolved by a 
        law enacted after the date of the enactment of this Act;
            (2) may adopt, alter, and use a seal, which shall be 
        judicially noticed;
            (3) may make and perform such contracts, grants, and other 
        agreements with any person or government however designated and 
        wherever situated, as may be necessary for carrying out the 
        functions of the Foundation;
            (4) may determine and prescribe the manner in which its 
        obligations shall be incurred and its expenses allowed and 
        paid, including expenses for representation;
            (5) may lease, purchase, or otherwise acquire, improve, and 
        use such real property wherever situated, as may be necessary 
        for carrying out the functions of the Foundation;
            (6) may accept cash gifts or donations of services or of 
        property (real, personal, or mixed), tangible or intangible, 
        for the purpose of carrying out the provisions of this 
        subtitle;
            (7) may use the United States mails in the same manner and 
        on the same conditions as the executive departments;
            (8) may contract with individuals for personal services, 
        who shall not be considered Federal employees for any provision 
        of law administered by the Office of Personnel Management;
            (9) may hire or obtain passenger motor vehicles; and
            (10) shall have such other powers as may be necessary and 
        incident to carrying out this subtitle.
    (b) Principal Office.--The Foundation shall maintain its principal 
office in the metropolitan area of Washington, District of Columbia.
    (c) Applicability of Government Corporation Control Act.--
            (1) In general.--The Foundation shall be subject to chapter 
        91 of subtitle VI of title 31, United States Code, except that 
        the Foundation shall not be authorized to issue obligations or 
        offer obligations to the public.
            (2) Conforming amendment.--Section 9101(3) of title 31, 
        United States Code, is amended by adding at the end the 
        following:
                    ``(S) the Senator Paul Simon Study Abroad 
                Foundation.''.
    (d) Inspector General.--
            (1) In general.--The Inspector General of the Department of 
        State shall serve as Inspector General of the Foundation, and, 
        in acting in such capacity, may conduct reviews, 
        investigations, and inspections of all aspects of the 
        operations and activities of the Foundation.
            (2) Authority of the board.--In carrying out the 
        responsibilities under this subsection, the Inspector General 
        shall report to and be under the general supervision of the 
        Board.
            (3) Reimbursement and authorization of services.--
                    (A) Reimbursement.--The Foundation shall reimburse 
                the Department of State for all expenses incurred by 
                the Inspector General in connection with the Inspector 
                General's responsibilities under this subsection.
                    (B) Authorization for services.--Of the amount 
                authorized to be appropriated under section 4010(a) for 
                a fiscal year, up to $2,000,000 is authorized to be 
                made available to the Inspector General of the 
                Department of State to conduct reviews, investigations, 
                and inspections of operations and activities of the 
                Foundation.

SEC. 4009. GENERAL PERSONNEL AUTHORITIES.

    (a) Detail of Personnel.--Upon request of the Chief Executive 
Officer, the head of an agency may detail any employee of such agency 
to the Foundation on a reimbursable basis. Any employee so detailed 
remains, for the purpose of preserving such employee's allowances, 
privileges, rights, seniority, and other benefits, an employee of the 
agency from which detailed.
    (b) Reemployment Rights.--
            (1) In general.--An employee of an agency who is serving 
        under a career or career conditional appointment (or the 
        equivalent), and who, with the consent of the head of such 
        agency, transfers to the Foundation, is entitled to be 
        reemployed in such employee's former position or a position of 
        like seniority, status, and pay in such agency, if such 
        employee--
                    (A) is separated from the Foundation for any 
                reason, other than misconduct, neglect of duty, or 
                malfeasance; and
                    (B) applies for reemployment not later than 90 days 
                after the date of separation from the Foundation.
            (2) Specific rights.--An employee who satisfies paragraph 
        (1) is entitled to be reemployed (in accordance with such 
        paragraph) within 30 days after applying for reemployment and, 
        on reemployment, is entitled to at least the rate of basic pay 
        to which such employee would have been entitled had such 
        employee never transferred.
    (c) Hiring Authority.--Of persons employed by the Foundation, not 
to exceed 20 persons may be appointed, compensated, or removed without 
regard to the civil service laws and regulations.
    (d) Basic Pay.--The Chief Executive Officer may fix the rate of 
basic pay of employees of the Foundation without regard to the 
provisions of chapter 51 of title 5, United States Code (relating to 
the classification of positions), subchapter III of chapter 53 of such 
title (relating to General Schedule pay rates), except that no employee 
of the Foundation may receive a rate of basic pay that exceeds the rate 
for level IV of the Executive Schedule under section 5315 of such 
title.
    (e) Definitions.--In this section--
            (1) the term ``agency'' means an executive agency, as 
        defined by section 105 of title 5, United States Code; and
            (2) the term ``detail'' means the assignment or loan of an 
        employee, without a change of position, from the agency by 
        which such employee is employed to the Foundation.

SEC. 4010. GAO REVIEW.

    (a) Review Required.--Not later than two years after the date of 
the enactment of this Act, the Comptroller General of the United States 
shall commence a review of the operations of the Foundation.
    (b) Content.--In conducting the review required under subsection 
(a), the Comptroller General shall analyze--
            (1) whether the Foundation is organized and operating in a 
        manner that will permit it to fulfill the purposes of this 
        section, as set forth in section 4003;
            (2) the degree to which the Foundation is operating 
        efficiently and in a manner consistent with the requirements of 
        paragraphs (4) and (5) of section 4005(b);
            (3) whether grantmaking by the Foundation is being 
        undertaken in a manner consistent with subsections (d), (e), 
        and (f) of section 4006;
            (4) the extent to which the Foundation is using best 
        practices in the implementation of this subtitle and the 
        administration of the program described in section 4006; and
            (5) other relevant matters, as determined by the 
        Comptroller General, after consultation with the appropriate 
        congressional committees.
    (c) Report Required.--The Comptroller General shall submit a report 
on the results of the review conducted under subsection (a) to the 
Secretary of State (in the capacity of the Secretary as Chairperson of 
the Board of the Foundation) and to the appropriate congressional 
committees.

SEC. 4011. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this subtitle $80,000,000 for fiscal year 2008 and 
        each subsequent fiscal year.
            (2) Amounts in addition to other available amounts.--
        Amounts authorized to be appropriated by paragraph (1) are in 
        addition to amounts authorized to be appropriated or otherwise 
        made available for educational exchange programs, including the 
        J. William Fulbright Educational Exchange Program and the 
        Benjamin A. Gilman International Scholarship Program, 
        administered by the Bureau of Educational and Cultural Affairs 
        of the Department of State.
    (b) Allocation of Funds.--
            (1) In general.--The Foundation may allocate or transfer to 
        any agency of the United States Government any of the funds 
        available for carrying out this subtitle. Such funds shall be 
        available for obligation and expenditure for the purposes for 
        which the funds were authorized, in accordance with authority 
        granted in this subtitle or under authority governing the 
        activities of the United States Government agency to which such 
        funds are allocated or transferred.
            (2) Notification.--The Foundation shall notify the 
        appropriate congressional committees not less than 15 days 
        prior to an allocation or transfer of funds pursuant to 
        paragraph (1).

Subtitle B--Reconstruction and Stabilization Civilian Management Act of 
                                  2008

SEC. 4101. SHORT TITLE.

    This subtitle may be cited as the ``Reconstruction and 
Stabilization Civilian Management Act of 2008''.

SEC. 4102. FINDINGS.

    (a) Findings.--Congress finds the following:
            (1) In June 2004, the Office of the Coordinator for 
        Reconstruction and Stabilization (referred to as the 
        ``Coordinator'') was established in the Department of State 
        with the mandate to lead, coordinate, and institutionalize 
        United States Government civilian capacity to prevent or 
        prepare for post-conflict situations and help reconstruct and 
        stabilize a country or region that is at risk of, in, or is in 
        transition from, conflict or civil strife.
            (2) In December 2005, the Coordinator's mandate was 
        reaffirmed by the National Security Presidential Directive 44, 
        which instructed the Secretary of State, and at the Secretary's 
        direction, the Coordinator, to coordinate and lead integrated 
        United States Government efforts, involving all United States 
        departments and agencies with relevant capabilities, to 
        prepare, plan for, and conduct reconstruction and stabilization 
        operations.
            (3) National Security Presidential Directive 44 assigns to 
        the Secretary, with the Coordinator's assistance, the lead role 
        to develop reconstruction and stabilization strategies, ensure 
        civilian interagency program and policy coordination, 
        coordinate interagency processes to identify countries at risk 
        of instability, provide decision-makers with detailed options 
        for an integrated United States Government response in 
        connection with reconstruction and stabilization operations, 
        and carry out a wide range of other actions, including the 
        development of a civilian surge capacity to meet reconstruction 
        and stabilization emergencies. The Secretary and the 
        Coordinator are also charged with coordinating with the 
        Department of Defense on reconstruction and stabilization 
        responses, and integrating planning and implementing 
        procedures.
            (4) The Department of Defense issued Directive 3000.05, 
        which establishes that stability operations are a core United 
        States military mission that the Department of Defense must be 
        prepared to conduct and support, provides guidance on stability 
        operations that will evolve over time, and assigns 
        responsibilities within the Department of Defense for planning, 
        training, and preparing to conduct and support stability 
        operations.
            (5) The President's Fiscal Year 2009 Budget Request to 
        Congress includes $248,600,000 for a Civilian Stabilization 
        Initiative that would vastly improve civilian partnership with 
        the Armed Forces in post-conflict stabilization situations, 
        including by establishing an Active Response Corps of 250 
        persons, a Standby Response Corps of 2000 persons, and a 
        Civilian Response Corps of 2000 persons.

SEC. 4103. DEFINITIONS.

    In this subtitle:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the United States Agency for International 
        Development.
            (2) Agency.--The term ``agency'' means any entity included 
        in chapter 1 of title 5, United States Code.
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Affairs of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            (4) Department.--Except as otherwise provided in this 
        subtitle, the term ``Department'' means the Department of 
        State.
            (5) Personnel.--The term ``personnel'' means individuals 
        serving in any service described in section 2101 of title 5, 
        United States Code, other than in the legislative or judicial 
        branch.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of State.

SEC. 4104. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUCTION AND 
              STABILIZATION CRISES.

    Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 
U.S.C. 2351 et seq.) is amended by inserting after section 617 the 
following new section:

``SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION CRISIS.

    ``(a) Assistance.--
            ``(1) In general.--If the President determines that it is 
        in the national security interests of the United States for 
        United States civilian agencies or non-Federal employees to 
        assist in reconstructing and stabilizing a country or region 
        that is at risk of, in, or is in transition from, conflict or 
        civil strife, the President may, in accordance with the 
        provisions set forth in section 614(a)(3), subject to paragraph 
        (2) of this subsection but notwithstanding any other provision 
        of law, and on such terms and conditions as the President may 
        determine, furnish assistance to such country or region for 
        reconstruction or stabilization using funds under paragraph 
        (3).
            ``(2) Pre-notification requirement.--The President may not 
        furnish assistance pursuant to paragraph (1) until five days 
        (excepting Saturdays, Sundays, and legal public holidays) after 
        the requirements under section 614(a)(3) of this Act are 
        carried out.
            ``(3) Funds.--The funds referred to in paragraph (1) are 
        funds made available under any other provision of law and under 
        other provisions of this Act, and transferred or reprogrammed 
        for purposes of this section, and such transfer or 
        reprogramming shall be subject to the procedures applicable to 
        a notification under section 634A of this Act.
    ``(b) Limitation.--The authority contained in this section may be 
exercised only during fiscal years 2009, 2010, and 2011, except that 
the authority may not be exercised to furnish more than $200,000,000 in 
any such fiscal year.''.

SEC. 4105. RECONSTRUCTION AND STABILIZATION.

    Title I of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2651a et seq.) is amended by adding at the end the following new 
section:

``SEC. 62. RECONSTRUCTION AND STABILIZATION.

    ``(a) Office of the Coordinator for Reconstruction and 
Stabilization.--
            ``(1) Establishment.--There is established within the 
        Department of State the Office of the Coordinator for 
        Reconstruction and Stabilization.
            ``(2) Coordinator for reconstruction and stabilization.--
        The head of the Office shall be the Coordinator for 
        Reconstruction and Stabilization, who shall be appointed by the 
        President, by and with the advice and consent of the Senate. 
        The Coordinator shall report directly to the Secretary.
            ``(3) Functions.--The functions of the Office of the 
        Coordinator for Reconstruction and Stabilization shall include 
        the following:
                    ``(A) Monitoring, in coordination with relevant 
                bureaus and offices of the Department of State and the 
                United States Agency for International Development 
                (USAID), political and economic instability worldwide 
                to anticipate the need for mobilizing United States and 
                international assistance for the reconstruction and 
                stabilization of a country or region that is at risk 
                of, in, or are in transition from, conflict or civil 
                strife.
                    ``(B) Assessing the various types of reconstruction 
                and stabilization crises that could occur and 
                cataloging and monitoring the non-military resources 
                and capabilities of agencies (as such term is defined 
                in section 4103 of the Reconstruction and Stabilization 
                Civilian Management Act of 2008) that are available to 
                address such crises.
                    ``(C) Planning, in conjunction with USAID, to 
                address requirements, such as demobilization, 
                disarmament, rebuilding of civil society, policing, 
                human rights monitoring, and public information, that 
                commonly arise in reconstruction and stabilization 
                crises.
                    ``(D) Coordinating with relevant agencies to 
                develop interagency contingency plans and procedures to 
                mobilize and deploy civilian personnel and conduct 
                reconstruction and stabilization operations to address 
                the various types of such crises.
                    ``(E) Entering into appropriate arrangements with 
                agencies to carry out activities under this section and 
                the Reconstruction and Stabilization Civilian 
                Management Act of 2008.
                    ``(F) Identifying personnel in State and local 
                governments and in the private sector who are available 
                to participate in the Civilian Reserve Corps 
                established under subsection (b) or to otherwise 
                participate in or contribute to reconstruction and 
                stabilization activities.
                    ``(G) Taking steps to ensure that training and 
                education of civilian personnel to perform such 
                reconstruction and stabilization activities is adequate 
                and is carried out, as appropriate, with other agencies 
                involved with stabilization operations.
                    ``(H) Taking steps to ensure that plans for United 
                States reconstruction and stabilization operations are 
                coordinated with and complementary to reconstruction 
                and stabilization activities of other governments and 
                international and nongovernmental organizations, to 
                improve effectiveness and avoid duplication.
                    ``(I) Maintaining the capacity to field on short 
                notice an evaluation team consisting of personnel from 
                all relevant agencies to undertake on-site needs 
                assessment.
    ``(b) Response Readiness Corps.--
            ``(1) Response readiness corps.--The Secretary, in 
        consultation with the Administrator of the United States Agency 
        for International Development and the heads of other 
        appropriate agencies of the United States Government, may 
        establish and maintain a Response Readiness Corps (referred to 
        in this section as the `Corps') to provide assistance in 
        support of reconstruction and stabilization operations in 
        countries or regions that are at risk of, in, or are in 
        transition from, conflict or civil strife. The Corps shall be 
        composed of active and standby components consisting of United 
        States Government personnel, including employees of the 
        Department of State, the United States Agency for International 
        Development, and other agencies who are recruited and trained 
        (and employed in the case of the active component) to provide 
        such assistance when deployed to do so by the Secretary to 
        support the purposes of this subtitle.
            ``(2) Civilian reserve corps.--The Secretary, in 
        consultation with the Administrator of the United States Agency 
        for International Development, may establish a Civilian Reserve 
        Corps for which purpose the Secretary is authorized to employ 
        and train individuals who have the skills necessary for 
        carrying out reconstruction and stabilization activities, and 
        who have volunteered for that purpose. The Secretary may deploy 
        members of the Civilian Reserve Corps pursuant to a 
        determination by the President under section 618 of the Foreign 
        Assistance Act of 1961.
            ``(3) Mitigation of domestic impact.--The establishment and 
        deployment of any Civilian Reserve Corps shall be undertaken in 
        a manner that will avoid substantively impairing the capacity 
        and readiness of any State and local governments from which 
        Civilian Reserve Corps personnel may be drawn.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of State such sums as may be necessary 
for fiscal years 2007 through 2010 for the Office and to support, 
educate, train, maintain, and deploy a Response Readiness Corps and a 
Civilian Reserve Corps.
    ``(d) Existing Training and Education Programs.--The Secretary 
shall ensure that personnel of the Department, and, in coordination 
with the Administrator of USAID, that personnel of USAID, make use of 
the relevant existing training and education programs offered within 
the Government, such as those at the Center for Stabilization and 
Reconstruction Studies at the Naval Postgraduate School and the 
Interagency Training, Education, and After Action Review Program at the 
National Defense University.''.

SEC. 4106. AUTHORITIES RELATED TO PERSONNEL.

    (a) Extension of Certain Foreign Service Benefits.--The Secretary, 
or the head of any agency with respect to personnel of that agency, may 
extend to any individuals assigned, detailed, or deployed to carry out 
reconstruction and stabilization activities pursuant to section 62 of 
the State Department Basic Authorities Act of 1956 (as added by section 
4105 of this Act), the benefits or privileges set forth in sections 
413, 704, and 901 of the Foreign Service Act of 1980 (22 U.S.C. 3973, 
22 U.S.C. 4024, and 22 U.S.C. 4081) to the same extent and manner that 
such benefits and privileges are extended to members of the Foreign 
Service.
    (b) Authority Regarding Details.--The Secretary is authorized to 
accept details or assignments of any personnel, and any employee of a 
State or local government, on a reimbursable or nonreimbursable basis 
for the purpose of carrying out this subtitle, and the head of any 
agency is authorized to detail or assign personnel of such agency on a 
reimbursable or nonreimbursable basis to the Department of State for 
purposes of section 62 of the State Department Basic Authorities Act of 
1956, as added by section 4105 of this Act.

SEC. 4107. RECONSTRUCTION AND STABILIZATION STRATEGY.

    (a) In General.--The Secretary of State, in consultation with the 
Administrator of the United States Agency for International 
Development, shall develop an interagency strategy to respond to 
reconstruction and stabilization operations.
    (b) Contents.--The strategy required under subsection (a) shall 
include the following:
            (1) Identification of and efforts to improve the skills 
        sets needed to respond to and support reconstruction and 
        stabilization operations in countries or regions that are at 
        risk of, in, or are in transition from, conflict or civil 
        strife.
            (2) Identification of specific agencies that can adequately 
        satisfy the skills sets referred to in paragraph (1).
            (3) Efforts to increase training of Federal civilian 
        personnel to carry out reconstruction and stabilization 
        activities.
            (4) Efforts to develop a database of proven and best 
        practices based on previous reconstruction and stabilization 
        operations.
            (5) A plan to coordinate the activities of agencies 
        involved in reconstruction and stabilization operations.

SEC. 4108. ANNUAL REPORTS TO CONGRESS.

    Not later than 180 days after the date of the enactment of this Act 
and annually for each of the five years thereafter, the Secretary of 
State shall submit to the appropriate congressional committees a report 
on the implementation of this subtitle. The report shall include 
detailed information on the following:
            (1) Any steps taken to establish a Response Readiness Corps 
        and a Civilian Reserve Corps, pursuant to section 62 of the 
        State Department Basic Authorities Act of 1956 (as added by 
        section 4105 of this Act).
            (2) The structure, operations, and cost of the Response 
        Readiness Corps and the Civilian Reserve Corps, if established.
            (3) How the Response Readiness Corps and the Civilian 
        Reserve Corps coordinate, interact, and work with other United 
        States foreign assistance programs.
            (4) An assessment of the impact that deployment of the 
        Civilian Reserve Corps, if any, has had on the capacity and 
        readiness of any domestic agencies or State and local 
        governments from which Civilian Reserve Corps personnel are 
        drawn.
            (5) The reconstruction and stabilization strategy required 
        by section 4107 and any annual updates to that strategy.
            (6) Recommendations to improve implementation of subsection 
        (b) of section 62 of the State Department Basic Authorities Act 
        of 1956, including measures to enhance the recruitment and 
        retention of an effective Civilian Reserve Corps.
            (7) A description of anticipated costs associated with the 
        development, annual sustainment, and deployment of the Civilian 
        Reserve Corps.

Subtitle C--Overseas Private Investment Corporation Reauthorization of 
                              Act of 2008

SEC. 4201. SHORT TITLE.

    This subtitle may be cited as the ``Overseas Private Investment 
Corporation Reauthorization Act of 2008''.

SEC. 4202. REAUTHORIZATION OF OPIC PROGRAMS.

    Section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2195(a)(2)) is amended by striking ``September 30, 2007'' and inserting 
``September 30, 2011''.

SEC. 4203. REQUIREMENTS REGARDING INTERNATIONALLY RECOGNIZED WORKER 
              RIGHTS.

    Subsection (a) of section 231A of the Foreign Assistance Act of 
1961 (22 U.S.C. 2191a(a)) is amended to read as follows:
    ``(a) Internationally Recognized Worker Rights.--
            ``(1) In general.--The Corporation may insure, reinsure, 
        guaranty, or finance a project only if--
                    ``(A) the country in which the project is to be 
                undertaken is eligible for designation as a beneficiary 
                developing country under the Generalized System of 
                Preferences (19 U.S.C. 2461 et seq.) and has not been 
                determined to be ineligible for such designation on the 
                basis of section 502(b)(2)(G) of the Trade Act of 1974 
                (19 U.S.C. 2462(b)(2)(G)) (relating to internationally 
                recognized worker rights), or section 502(b)(2)(H) of 
                such Act (19 U.S.C. 2462(b)(2)(H) (relating to the 
                worst forms of child labor); or
                    ``(B) the country in which the project is to be 
                undertaken is not eligible for designation as a 
                beneficiary country under the Generalized System of 
                Preferences, the government of that country has taken 
                or is taking steps to afford workers in the country 
                (including any designated zone or special 
                administrative region or area in that country) 
                internationally recognized worker rights (as defined in 
                section 507(4) of the Trade Act of 1974) (19 U.S.C. 
                2467(4)).
            ``(2) Limitation inapplicable.--The limitation contained in 
        paragraph (1) shall not apply to providing assistance for 
        humanitarian services.
            ``(3) Use of reports.--The Corporation shall, in 
        implementing paragraph (1), consider--
                    ``(A) information contained in the reports required 
                by sections 116(d) and 502B(b) of this Act and the 
                report required by section 504 of the Trade Act of 1974 
                (19 U.S.C. 2464);
                    ``(B) other relevant sources of information readily 
                available to the Corporation, including observations, 
                reports, and recommendations of the International 
                Labour Organization; and
                    ``(C) information provided in the hearing required 
                under subsection (c).
            ``(4) Contract language.--The Corporation shall include the 
        following language, in substantially the following form, in all 
        contracts which the Corporation enters into with eligible 
        investors to provide support under this title:
            ``The investor agrees not to take any actions to obstruct 
        or prevent employees of the foreign enterprise from exercising 
        the employees' internationally recognized worker rights (as 
        defined in section 507(4) of the Trade Act of 1974) (19 U.S.C. 
        2467(4)) and the investor agrees to adhere to the obligations 
        regarding those rights. The investor agrees to prohibit 
        discrimination with respect to employment and occupation.
            ``(5) Preference to certain countries.--Consistent with its 
        development objectives, the Corporation shall give preferential 
        consideration to projects in countries that--
                    ``(A) have adopted and maintained, in the country's 
                laws and regulations, internationally recognized worker 
                rights, as well as the elimination of discrimination 
                with respect to employment and occupation; and
                    ``(B) are effectively enforcing those laws.''.

SEC. 4204. PREFERENTIAL CONSIDERATION OF CERTAIN INVESTMENT PROJECTS.

    Section 231(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2191(f)) is amended to read as follows:
    ``(f) to the greatest degree practicable and consistent with the 
goals of the Corporation, to give preferential consideration to 
investment projects in any less developed country the government of 
which is receptive to both domestic and foreign private enterprise and 
to projects in any country the government of which is willing and able 
to maintain conditions that enable private enterprise to make a full 
contribution to the development process;''.

SEC. 4205. CLIMATE CHANGE MITIGATION ACTION PLAN.

    Title IV of chapter 2 of part I of the Foreign Assistance Act of 
1961 (22 U.S.C. 2191 et seq.) is amended by inserting after section 
234A the following new section:

``SEC. 234B. CLIMATE CHANGE MITIGATION.

    ``(a) Mitigation Action Plan.--The Corporation shall, not later 
than 180 days after the date of the enactment of the Overseas Private 
Investment Corporation Reauthorization Act of 2008, institute a climate 
change mitigation action plan that includes the following:
            ``(1) Clean technology.--
                    ``(A) Increasing assistance.--The Corporation shall 
                establish a goal of substantially increasing its 
                support of projects that use, develop, or otherwise 
                promote the use of clean energy technologies during the 
                10-year period beginning on the date of the enactment 
                of the Overseas Private Investment Corporation 
                Reauthorization Act of 2008.
                    ``(B) Preferential treatment to projects.--The 
                Corporation shall give preferential treatment to 
                evaluating and awarding assistance for, and provide 
                greater flexibility in supporting, projects that use, 
                develop, or otherwise promote the use of clean energy 
                technologies.
                    ``(C) Report on plan.--The Corporation shall, not 
                later than 180 days after the date of the enactment of 
                the Overseas Private Investment Corporation 
                Reauthorization Act of 2008, submit to the Committees 
                on Foreign Relations and Appropriations of the Senate 
                and the Committees on Foreign Affairs and 
                Appropriations of the House of Representatives a report 
                on the plan developed to carry out subparagraph (A). 
                Thereafter, the Corporation shall include in its annual 
                report required under section 240A a discussion of the 
                plan and its implementation.
            ``(2) Environmental impact assessments.--
                    ``(A) Greenhouse gas emissions.--The Corporation 
                shall, in making an environmental impact assessment or 
                initial environmental audit for a project under section 
                231A(b), also take into account the degree to which the 
                project contributes to the emission of greenhouse 
                gases.
                    ``(B) Other duties not affected.--The requirement 
                provided for under subparagraph (A) is in addition to 
                any other requirement, obligation, or duty of the 
                Corporation.
            ``(3) Goals for reducing greenhouse gas emissions.--
                    ``(A) In general.--The Corporation shall continue 
                to maintain--
                            ``(i) a goal for reducing direct greenhouse 
                        gas emissions associated with projects in the 
                        Corporation's portfolio on the date of the 
                        enactment of the Overseas Private Investment 
                        Corporation Reauthorization Act of 2008 by 20 
                        percent during the 10-year period beginning on 
                        such date of enactment; and
                            ``(ii) a goal for limiting annual 
                        investments in projects that have significant 
                        greenhouse gas emissions after such date of 
                        enactment in a manner that reduces greenhouse 
                        gas emissions associated with projects in the 
                        Corporation's total portfolio by 20 percent 
                        during the 10-year period beginning on such 
                        date of enactment.
                    ``(B) Special rules.--
                            ``(i) Baseline.--For purposes of 
                        determining the percentage by which greenhouse 
                        gas emissions are reduced under subparagraph 
                        (A), the Corporation shall use the aggregate 
                        estimated greenhouse gas emissions for projects 
                        in the Corporation's portfolio.
                            ``(ii) Significant greenhouse gas emissions 
                        projects.--For purposes of this paragraph, 
                        projects that have significant greenhouse gas 
                        emissions are projects that result in the 
                        emission of more than 100,000 tons of 
                        CO<INF>2</INF> equivalent each year.
                    ``(C) Reporting requirements.--The Corporation 
                shall include, in each annual report required under 
                section 240A, the following information with respect to 
                the period covered by the report:
                            ``(i) The annual greenhouse gas emissions 
                        attributable to each project in the 
                        Corporation's active portfolio that has 
                        significant greenhouse gas emissions.
                            ``(ii) The estimated greenhouse gas 
                        emissions for each new project that has 
                        significant greenhouse gas emissions for which 
                        the Corporation provided insurance, 
                        reinsurance, a guaranty, or financing, since 
                        the previous report.
                            ``(iii) The extent to which the Corporation 
                        is meeting the goals described in subparagraph 
                        (A) for reducing greenhouse gas emissions.
                            ``(iv) Each new project for which the 
                        Corporation provided insurance, reinsurance, a 
                        guaranty, or financing, that involves renewable 
                        energy and environmentally beneficial products 
                        and services, including increased clean energy 
                        technology.
    ``(b) Extraction Investments.--
            ``(1) Prior notification to congressional committees.--
                    ``(A) In general.--The Corporation shall provide 
                notice of consideration of approval of a project 
                described in subparagraph (B) to the Committees on 
                Foreign Relations and Appropriations of the Senate and 
                the Committees on Foreign Affairs and Appropriations of 
                the House of Representatives not later than 60 days 
                before approval of such project.
                    ``(B) Project described.--A project described in 
                this subparagraph is a Category A project (as defined 
                in section 237(q)(3)) relating to an extractive 
                industry project or any extractive industry project for 
                which the assistance to be provided by the Corporation 
                is valued at $10,000,000 or more (including contingent 
                liability).
            ``(2) Commitment to eiti principles.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Corporation may approve a 
                contract of insurance, reinsurance, a guaranty, or 
                enter into an agreement to provide financing to an 
                eligible investor for a project that significantly 
                involves an extractive industry only if--
                            ``(i) the eligible investor has agreed to 
                        implement the Extractive Industries 
                        Transparency Initiative principles and 
                        criteria, or substantially similar principles 
                        and criteria related to the specific project to 
                        be carried out; and
                            ``(ii)(I) the host country where the 
                        project is to be carried out has committed to 
                        the Extractive Industries Transparency 
                        Initiative principles and criteria, or 
                        substantially similar principles and criteria; 
                        or
                            ``(II) the host country where the project 
                        is to be carried out has in place or is taking 
                        the necessary steps to establish functioning 
                        systems for--
                                    ``(aa) accurately accounting for 
                                revenues and expenditures in connection 
                                with the extraction and export of the 
                                type of natural resource to be 
                                extracted or exported;
                                    ``(bb) the independent audit of 
                                such revenues and expenditures and the 
                                widespread public dissemination of the 
                                finding of the audit; and
                                    ``(cc) verifying government 
                                receipts against company payments, 
                                including widespread dissemination of 
                                such payment information, and 
                                disclosure of such documents as host 
                                government agreements, concession 
                                agreements, and bidding documents, and 
                                allowing in any such dissemination or 
                                disclosure for the redaction of, or 
                                exceptions for, information that is 
                                commercially proprietary or that would 
                                create a competitive disadvantage.
                    ``(B) Exception.--If a host country does not meet 
                the requirements of subparagraph (A)(ii) (I) or (II), 
                the Corporation may approve a contract of insurance, 
                reinsurance, or a guaranty, or enter into an agreement 
                to provide financing for a project in the host country 
                if the Corporation determines it is in the foreign 
                policy interest of the United States for the 
                Corporation to provide support for the project in the 
                host country and the host country does not prevent an 
                eligible investor from complying with subparagraph 
                (A)(i).
            ``(3) Preference for certain projects.--With respect to all 
        projects that significantly involve an extractive industry, the 
        Corporation, to the extent practicable and consistent with the 
        Corporation's development objectives, shall give preference to 
        a project in which the eligible investor has agreed to 
        implement the Extractive Industries Transparency Initiative 
        principles and criteria, or substantially similar principles 
        and criteria, and the host country where the project is to be 
        carried out has committed to the Extractive Industries 
        Transparency Initiative principles and criteria, or 
        substantially similar principles and criteria.
            ``(4) Effect on other requirements.--Nothing in this 
        subsection shall affect the limitations and prohibitions with 
        respect to direct investments described in section 234(c).
            ``(5) Reporting requirement.--The Corporation shall include 
        in its annual report required under section 240A a description 
        of its activities to carry out this subsection.
    ``(c) Definitions.--In this section:
            ``(1) Clean energy technology.--The term `clean energy 
        technology' means an energy supply or end-use technology that, 
        compared to a similar technology already in widespread 
        commercial use in a host country, will--
                    ``(A) reduce emissions of greenhouse gases; or
                    ``(B) decrease the intensity of energy usage.
            ``(2) Greenhouse gas.--The term `greenhouse gas' means--
                    ``(A) carbon dioxide;
                    ``(B) methane;
                    ``(C) nitrous oxide;
                    ``(D) hydrofluorocarbons;
                    ``(E) perfluorocarbons; or
                    ``(F) sulfur hexafluoride.
            ``(3) Extractive industry.--The term `extractive industry' 
        refers to an enterprise engaged in the exploration, 
        development, or extraction of oil and gas reserves, metal ores, 
        gemstones, industrial minerals (except rock used for 
        construction purposes), or coal.''.

SEC. 4206. INCREASED TRANSPARENCY.

    (a) In General.--Paragraph (2) of section 231A(c) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2191a(c)(2)) is amended to read as 
follows:
    ``(2) In conjunction with each meeting of its Board of Directors, 
the Corporation shall hold a public hearing in order to afford an 
opportunity for any person to present views regarding the activities of 
the Corporation. The Corporation shall notice such a hearing at least 
20 days in advance. At least 15 days in advance of such hearing the 
Corporation shall make available a public summary of each project, 
including information related to workers rights, to be considered at 
the meeting. The Corporation shall not include any confidential 
business information in the summary made available under this 
subsection. Such views shall be made part of the record.''.
    (b) Additional Transparency.--Section 237 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2197) is amended by adding at the end the 
following new subsections:
    ``(p) Review of Methodology.--Not later than 180 days after the 
date of the enactment of the Overseas Private Investment Corporation 
Reauthorization Act of 2008, the Corporation shall make available to 
the public the methodology, including relevant regulations, used to 
assess and monitor the impact of projects supported by the Corporation 
on employment in the United States and on the development, the 
environment, and the protection of internationally recognized worker 
rights, as well as the elimination of discrimination with respect to 
employment and occupation, in host countries.
    ``(q) Public Notice Prior to Project Approval.--
            ``(1) Public notice.--
                    ``(A) In general.--The Board of Directors of the 
                Corporation may not vote in favor of any action 
                proposed to be taken by the Corporation on a Category A 
                project before the date that is 60 days after the 
                Corporation--
                            ``(i) makes available for public comment a 
                        summary of the project and relevant information 
                        about the project; and
                            ``(ii) such summary and information 
                        described in clause (i) has been made available 
                        to groups in the area that may be impacted by 
                        the proposed project and to nongovernmental 
                        organizations in the host country.
                    ``(B) Exception.--The Corporation shall not include 
                any confidential business information in the summary 
                and information made available under clauses (i) and 
                (ii) of subparagraph (A).
            ``(2) Published response.--To the extent practicable, the 
        Corporation shall publish responses to the comments received 
        under paragraph (1)(A)(i) with respect to a Category A project 
        and submit the responses to the Board not later than 7 days 
        before a vote is to be taken on any action proposed by the 
        Corporation on the project.
            ``(3) Category a project defined.--The term `Category A 
        project' means any project or other activity for which the 
        Corporation proposes to provide insurance, reinsurance, a 
        guaranty, financing, or other assistance under this title and 
        which is likely to have a significant adverse environmental 
        impact.''.
    (c) Office of Accountability.--Section 237 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2197), as amended by subsection (b) 
of this section, is amended by adding at the end the following new 
subsection:
    ``(r) Office of Accountability.--The Corporation shall maintain an 
Office of Accountability to provide, to the maximum extent practicable, 
upon request, problem-solving services for projects supported by the 
Corporation and review of the Corporation's compliance with its 
environmental, social, internationally recognized worker rights, human 
rights, and transparency policies and procedures. The Office of 
Accountability shall operate in a manner that is fair, objective, and 
transparent.''.

SEC. 4207. TRANSPARENCY AND ACCOUNTABILITY OF INVESTMENT FUNDS.

    (a) In General.--Section 239 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2199) is amended by adding at the end the following:
    ``(l) Transparency and Accountability of Investment Funds.--
            ``(1) Competitive selection of investment fund 
        management.--With respect to any investment fund that the 
        Corporation creates on or after the date of the enactment of 
        the Overseas Private Investment Corporation Reauthorization Act 
        of 2008, the Corporation may select persons to manage the fund 
        only by contract using competitive procedures that are full and 
        open.
            ``(2) Criteria for selection.--In assessing proposals for 
        investment fund management proposals, the Corporation shall 
        consider, in addition to other factors, the following:
                    ``(A) The prospective fund management's experience, 
                depth, and cohesiveness.
                    ``(B) The prospective fund management's track 
                record in investing risk capital in emerging markets.
                    ``(C) The prospective fund management's experience, 
                management record, and monitoring capabilities in the 
                countries in which the management operates, including 
                details of local presence (directly or through local 
                alliances).
                    ``(D) The prospective fund management's experience 
                as a fiduciary in managing institutional capital, 
                meeting reporting requirements, and administration.
                    ``(E) The prospective fund management's record in 
                avoiding investments in companies that would be 
                disqualified under section 239(m).
            ``(3) Annual report.--The Corporation shall include in each 
        annual report under section 240A an analysis of the investment 
        fund portfolio of the Corporation, including the following:
                    ``(A) Fund performance.--An analysis of the 
                aggregate financial performance of the investment fund 
                portfolio grouped by region and maturity.
                    ``(B) Status of loan guaranties.--The amount of 
                guaranties committed by the Corporation to support 
                investment funds, including the percentage of such 
                amount that has been disbursed to the investment funds.
                    ``(C) Risk ratings.--The definition of risk 
                ratings, and the current aggregate risk ratings for the 
                investment fund portfolio, including the number of 
                investment funds in each of the Corporation's rating 
                categories.
                    ``(D) Competitive selection of investment fund 
                management.--The number of proposals received and 
                evaluated for each newly established investment 
                fund.''.
    (b) GAO Review.--Not later than 1 year after the submission of the 
first report to Congress under section 240A of the Foreign Assistance 
Act of 1961 that includes the information required by section 239(l)(3) 
of that Act (as added by subsection (a) of this section), the 
Comptroller General of the United States shall prepare and submit to 
the Committee on Foreign Relations of the Senate and the Committee on 
Foreign Affairs of the House of Representatives an independent 
assessment of the investment fund portfolio of the Overseas Private 
Investment Corporation, covering the items required to be addressed 
under such section 239(l)(3).

SEC. 4208. PROHIBITION ON ASSISTANCE TO DEVELOP OR PROMOTE CERTAIN 
              RAILWAY CONNECTIONS AND RAILWAY-RELATED CONNECTIONS.

    Section 237 of the Foreign Assistance Act of 1961 (22 U.S.C. 2197), 
as amended by section 4206, is amended by adding at the end the 
following:
    ``(s) Prohibition on Assistance for Certain Railway Projects.--The 
Corporation may not provide insurance, reinsurance, a guaranty, 
financing, or other assistance to support the development or promotion 
of a railway connection or railway-related connection that connects 
Azerbaijan and Turkey without connecting or traversing with Armenia.''.

SEC. 4209. INELIGIBILITY OF PERSONS DOING CERTAIN BUSINESS WITH STATE 
              SPONSORS OF TERRORISM.

    (a) In General.--Section 231 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2191) is amended by--
            (1) striking ``and'' at the end of division (m);
            (2) by striking the period at the end of division (n) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
    ``(o) to decline to issue any contract of insurance or reinsurance, 
or any guaranty, or to enter into any agreement to provide financing or 
any other assistance for a prospective eligible investor who enters, 
directly or through an affiliate, into certain discouraged transactions 
with a state sponsor of terrorism.''.
    (b) General Provisions and Powers.--Section 239 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2199), as amended by section 4207, is 
amended by adding at the end the following:
    ``(m) State Sponsor of Terrorism.--
            ``(1) In general.--In order to carry out the policy set 
        forth in section 231(o) of this Act, the Corporation shall 
        require a certification from an officer of a prospective OPIC-
        supported United States investor that the investor and all 
        affiliates of the investor are not engaged in a discouraged 
        transaction with a state sponsor of terrorism.
            ``(2) Discouraged transaction.--In this subsection, the 
        term `discouraged transaction' means any of the following 
        activities:
                    ``(A) An investment commitment of $20,000,000 or 
                more by the investor in the energy sector in a state 
                sponsor of terrorism.
                    ``(B) Any loan, or an extension of credit, to the 
                government of a state sponsor of terrorism by the 
                investor that--
                            ``(i) is outstanding on the date the 
                        Corporation enters into a contract with the 
                        investor; and
                            ``(ii) that has a value of more than 
                        $5,000,000, including the sale of goods for 
                        which payment is not required by the purchaser 
                        within 45 days.
                    ``(C) The transfer by the investor of goods that 
                are included on the United States Munitions List, 
                referred to in section 38(a)(1) of the Arms Export 
                Control Act (22 U.S.C. 2778(a)(1)) to a state sponsor 
                of terrorism within the 3-year period preceding the 
                date the Corporation enters into a contract with the 
                investor.
            ``(3) Exception.--An officer of a prospective OPIC-
        supported United States investor may provide a certification 
        under this subsection notwithstanding the fact that an 
        affiliate of the investor is engaged in a discouraged 
        transaction if the transaction is carried out under a contract 
        or other obligation of the affiliate that was entered into or 
        incurred before the acquisition of such affiliate by the 
        prospective OPIC-supported United States investor or the parent 
        company of the OPIC-supported United States investor.
            ``(4) Definitions.--In this subsection:
                    ``(A) Affiliate.--The term `affiliate' means any 
                person that is directly or indirectly controlled by, 
                under common control with, or controls a prospective 
                OPIC-supported United States investor or the parent 
                company of such investor.
                    ``(B) Investment commitment in the energy sector of 
                a state sponsor of terrorism.--The term `investment 
                commitment in the energy sector of a state sponsor of 
                terrorism' means any of the following activities if 
                such activity is undertaken pursuant to a commitment, 
                or pursuant to the exercise of rights under a 
                commitment, that was entered into with the government 
                of a state sponsor of terrorism or a nongovernmental 
                entity in a country that is a state sponsor of 
                terrorism:
                            ``(i) The entry into a contract that 
                        includes responsibility for the development or 
                        transportation of petroleum or natural gas 
                        resources located in a country that is a state 
                        sponsor of terrorism, or the entry into a 
                        contract providing for the general supervision 
                        or guaranty of another person's performance of 
                        such a contract.
                            ``(ii) The purchase of a share of 
                        ownership, including an equity interest, in the 
                        development of petroleum or natural resources 
                        described in clause (i).
                            ``(iii) The entry into a contract providing 
                        for the participation in royalties, earnings, 
                        or profits in the development of petroleum or 
                        natural resources described in clause (i), 
                        without regard to the form of the 
                        participation.
                    ``(C) State sponsor of terrorism.--The term `state 
                sponsor of terrorism' --
                            ``(i) means any country the government of 
                        which the Secretary of State has determined has 
                        repeatedly provided support for acts of 
                        international terrorism pursuant to section 
                        6(j) of the Export Administration Act of 1979, 
                        section 620A of this Act, or section 40 of the 
                        Arms Export Control Act; and
                            ``(ii) does not include Southern Sudan, 
                        Southern Kordofan/Nuba Mountains State, Blue 
                        Nile State, and Abyei, Darfur, if the 
                        Corporation, with the concurrence of the 
                        Secretary of State, determines that providing 
                        assistance for projects in such regions will 
                        provide emergency relief, promote economic 
                        self-sufficiency, or implement a nonmilitary 
                        program in support of a viable peace agreement 
                        in Sudan, such as the Comprehensive Peace 
                        Agreement for Sudan and the Darfur Peace 
                        Agreement.''.

SEC. 4210. CONGRESSIONAL NOTIFICATION REGARDING MAXIMUM CONTINGENT 
              LIABILITY.

    Section 239 of the Foreign Assistance Act of 1961 (22 U.S.C. 2199), 
as amended by sections 4207 and 4209, is amended by adding at the end 
the following:
    ``(n) Congressional Notification of Increase in Maximum Contingent 
Liability.--The Corporation shall notify the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives not later than 15 days after the date on which 
the Corporation's maximum contingent liability outstanding at any one 
time pursuant to insurance issued under section 234(a), and the amount 
of financing issued under sections 234(b) and (c), exceeds the 
Corporation's maximum contingent liability for the preceding fiscal 
year by 25 percent or more.''.

SEC. 4211. EXTENSION OF AUTHORITY TO OPERATE IN IRAQ.

    Section 239 of the Foreign Assistance Act of 1961 (22 U.S.C. 2199), 
as amended by sections 4207, 4209, and 4210, is amended by adding at 
the end the following:
    ``(o) Operations in Iraq.--Notwithstanding subsections (a) and (b) 
of section 237, the Corporation is authorized to undertake in Iraq any 
program authorized by this title.''.

SEC. 4212. LOW-INCOME HOUSING.

    Not later than 1 year after the date of the enactment of this Act, 
the Corporation shall submit a report to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives, in consultation with appropriate departments, 
agencies, and instrumentalities of the United States, as well as 
private entities, on the feasibility of broadening the assistance the 
Corporation provides to projects that provide support to low-income 
home buyers. If the Corporation finds such assistance is feasible, the 
Corporation shall identify and begin to implement steps to proceed to 
provide such assistance.

SEC. 4213. ASSISTANCE FOR SMALL BUSINESSES AND ENTITIES.

    Section 240 of the Foreign Assistance Act of 1961 (22 U.S.C. 2200) 
is amended by adding at the end the following:
    ``(c) Resources Dedicated to Small Businesses, Cooperatives, and 
Other Small United States Investors.--The Corporation shall ensure that 
adequate personnel and resources, including senior officers, are 
dedicated to assist United States small businesses, cooperatives, and 
other small United States investors in obtaining insurance, 
reinsurance, financing, and other assistance under this title. The 
Corporation shall include, in each annual report under section 240A, 
the following information with respect to the period covered by the 
report:
            ``(1) A description of such personnel and resources.
            ``(2) The number of United States small businesses, 
        cooperatives, and other small United States investors that 
        received insurance, reinsurance, financing, and other 
        assistance from the Corporation, and the dollar value of such 
        insurance, reinsurance, financing, and other assistance.
            ``(3) A description of the projects for which the 
        insurance, reinsurance, financing, and other assistance was 
        provided.''.

SEC. 4214. TECHNICAL CORRECTIONS.

    (a) Pilot Equity Finance Program.--Section 234 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2194) is amended--
            (1) by striking subsection (g); and
            (2) by redesignating subsection (h) as subsection (g).
    (b) Transfer Authority.--Section 235 of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2195) is amended--
            (1) by striking subsection (e); and
            (2) by redesignating subsection (f) as subsection (e).
    (c) Guaranty Contract.--Section 237(j) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2197(j)) is amended by inserting ``insurance, 
reinsurance, and'' after ``Each''.
    (d) Transfer of Predecessor Programs and Authorities.--
            (1) Transfer.--Section 239 of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2199), as amended by sections 4207, 4209, 4210, 
        and 4211, is amended--
                    (A) by striking subsection (b); and
                    (B) by redesignating subsections (c) through (o) as 
                subsections (b) through (n), respectively.
            (2) Conforming amendments.--
                    (A) Section 237(m)(1) of the Foreign Assistance Act 
                of 1961 (22 U.S.C. 2197(m)(1)) is amended by striking 
                ``239(g)'' and inserting ``239(f)''.
                    (B) Section 240A(a) of the Foreign Assistance Act 
                of 1961 (22 U.S.C. 2200A(a)) is amended--
                            (i) in paragraph (1), by striking 
                        ``239(h)'' and inserting ``239(g)''; and
                            (ii) in paragraph (2)(A), by striking 
                        ``239(i)'' and inserting ``239(h)''.
                    (C) Section 209(e)(16) of the Admiral James W. 
                Nance and Meg Donovan Foreign Relations Authorization 
                Act, Fiscal Years 2000 and 2001 (as enacted into law by 
                section 1000(a)(7) of Public Law 106-113; 31 U.S.C. 
                1113 note) is amended by striking ``239(c)'' and 
                ``2199(c)'' and inserting ``239(b)'' and ``2199(b)'', 
                respectively.
    (e) Additional Clerical Amendments.--Section 234(b) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2194(b)) is amended by striking 
``235(a)(2)'' and inserting ``235(a)(1)''.

Subtitle D--Tropical Forest and Coral Conservation Reauthorization Act 
                                of 2008

SEC. 4301. SHORT TITLE.

    This subtitle may be cited as the ``Tropical Forest and Coral 
Conservation Reauthorization Act of 2008''.

SEC. 4302. AMENDMENT TO SHORT TITLE OF ACT TO ENCOMPASS EXPANDED SCOPE.

    (a) In General.--Section 801 of the Tropical Forest Conservation 
Act of 1998 (Public Law 87-195; 22 U.S.C. 2151 note) is amended by 
striking ``Tropical Forest Conservation Act of 1998'' and inserting 
``Tropical Forest and Coral Conservation Act of 2008''.
    (b) References.--Any reference in any other provision of law, 
regulation, document, paper, or other record of the United States to 
the ``Tropical Forest Conservation Act of 1998'' shall be deemed to be 
a reference to the ``Tropical Forest and Coral Conservation Act of 
2008''.

SEC. 4303. EXPANSION OF SCOPE OF ACT TO PROTECT FORESTS AND CORAL 
              REEFS.

    (a) In General.--Section 802 of the Tropical Forest and Coral 
Conservation Act of 2008 (22 U.S.C. 2431), as renamed by section 2(a), 
is amended--
            (1) in subsections (a)(1), (a)(6), (a)(7), (b)(1), (b)(3), 
        and (b)(4), by striking ``tropical forests'' each place it 
        appears and inserting ``tropical forests and coral reefs and 
        associated coastal marine ecosystems'';
            (2) in subsection (a)(2)--
                    (A) in subparagraph (A), by striking ``resources, 
                which are the basis for developing pharmaceutical 
                products and revitalizing agricultural crops'' and 
                inserting ``resources''; and
                    (B) in subparagraph (C), by striking ``far-flung''; 
                and
            (3) in subsection (b)(2)--
                    (A) by striking ``tropical forests'' the first 
                place it appears and inserting ``tropical forests and 
                coral reefs and associated coastal marine ecosystems'';
                    (B) by striking ``tropical forests'' the second 
                place it appears and inserting ``areas'';
                    (C) by striking ``tropical forests'' the third 
                place it appears and inserting ``tropical forests and 
                coral reefs and their associated coastal marine 
                ecosystems''; and
                    (D) by striking ``that have led to deforestation'' 
                and inserting ``on such countries''.
    (b) Amendments Related to Definitions.--Section 803 of such Act (22 
U.S.C. 2431a) is amended--
            (1) in paragraph (5)--
                    (A) in the heading, by striking ``tropical forest'' 
                and inserting ``tropical forest or coral reef'';
                    (B) in the matter preceding subparagraph (A), by 
                striking ``tropical forest'' and inserting ``tropical 
                forest or coral reef''; and
                    (C) in subparagraph (B), by striking ``tropical 
                forest'' and inserting ``tropical forest or coral 
                reef''.
            (2) by adding at the end the following new paragraphs:
            ``(10) Coral.--The term `coral' means species of the phylum 
        Cnidaria, including--
                    ``(A) all species of the orders Antipatharia (black 
                corals), Scleractinia (stony corals), Alcyonacea (soft 
                corals), Gorgonacea (horny corals), Stolonifera 
                (organpipe corals and others), and Coenothecalia (blue 
                coral), of the class Anthoza; and
                    ``(B) all species of the order Hydrocorallina (fire 
                corals and hydrocorals) of the class Hydrozoa.
            ``(11) Coral reef.--The term `coral reef' means any reef or 
        shoal composed primarily of coral.
            ``(12) Associated coastal marine ecosystem.--The term 
        `associated coastal marine ecosystem' means any coastal marine 
        ecosystem surrounding, or directly related to, a coral reef and 
        important to maintaining the ecological integrity of that coral 
        reef, such as seagrasses, mangroves, sandy seabed communities, 
        and immediately adjacent coastal areas.''.

SEC. 4304. CHANGE TO NAME OF FACILITY.

    (a) In General.--Section 804 of the Tropical Forest and Coral 
Conservation Act of 2008 (22 U.S.C. 2431b), as renamed by section 
4302(a), is amended by striking ``Tropical Forest Facility'' and 
inserting ``Conservation Facility''.
    (b) Conforming Amendments to Definitions.--Section 803(8) of such 
Act (22 U.S.C. 2431a(8)) is amended--
            (1) in the heading, by striking ``Tropical forest 
        facility'' and inserting ``Conservation facility''; and
            (2) by striking ``Tropical Forest Facility'' both places it 
        appears and inserting ``Conservation Facility''.
    (c) References.--Any reference in any other provision of law, 
regulation, document, paper, or other record of the United States to 
the ``Tropical Forest Facility'' shall be deemed to be a reference to 
the ``Conservation Facility''.

SEC. 4305. ELIGIBILITY FOR BENEFITS.

    Section 805(a) of the Tropical Forest and Coral Conservation Act of 
2008 (22 U.S.C. 2431c(a)), as renamed by section 4302(a), is amended by 
striking ``tropical forest'' and inserting ``tropical forest or coral 
reef''.

SEC. 4306. UNITED STATES GOVERNMENT REPRESENTATION ON OVERSIGHT BODIES 
              FOR GRANTS FROM DEBT-FOR-NATURE SWAPS AND DEBT-BUYBACKS.

    Section 808(a)(5) of the Tropical Forest and Coral Conservation Act 
of 2008 (22 U.S.C. 2431f(a)(5)), as renamed by section 4302(a), is 
amended by adding at the end the following new subparagraph:
                    ``(C) United states government representation on 
                the administering body.--One or more individuals 
                appointed by the United States Government may serve in 
                an official capacity on the administering body that 
                oversees the implementation of grants arising from a 
                debt-for-nature swap or debt buy-back regardless of 
                whether the United States is a party to any agreement 
                between the eligible purchaser and the government of 
                the beneficiary country.''.

SEC. 4307. CONSERVATION AGREEMENTS.

    (a) Renaming of Agreements.--Section 809 of the Tropical Forest and 
Coral Conservation Act of 2008 (22 U.S.C. 2431g), as renamed by section 
4302(a), is amended--
            (1) in the section heading, by striking ``tropical forest 
        agreement'' and inserting ``conservation agreement''; and
            (2) in subsection (a)--
                    (A) by striking ``Authority'' and all that follows 
                through ``(1) In general.--The Secretary'' and 
                inserting ``Authority.--The Secretary''; and
                    (B) by striking ``Tropical Forest Agreement'' and 
                inserting ``Conservation Agreement''.
    (b) Elimination of Requirement To Consult With the Enterprise for 
the Americas Board.--Such subsection is further amended by striking 
paragraph (2).
    (c) Role of Beneficiary Countries.--Such section is further 
amended--
            (1) in subsection (e)(1)(C), by striking ``in exceptional 
        circumstances, the government of the beneficiary country'' and 
        inserting ``in limited circumstances, the government of the 
        beneficiary country when needed to improve governance and 
        enhance management of tropical forests or coral reefs or 
        associated coastal marine ecosystems, without replacing 
        existing levels of financial efforts by the government of the 
        beneficiary country and with priority given to projects that 
        complement grants made under subparagraphs (A) and (B)''; and
            (2) by amending subsection (f) to read as follows:
    ``(f) Review of Larger Grants.--Any grant of more than $250,000 
from a Fund must be approved by the Government of the United States and 
the government of the beneficiary country.''.
    (d) Technical and Conforming Amendments.--Such section is further 
amended--
            (1) in subsection (c)(2)(A)(i), by inserting ``to serve in 
        an official capacity'' after ``Government'';
            (2) in subsection (d)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``tropical forests'' and inserting ``tropical 
                forests and coral reefs and associated coastal marine 
                ecosystems related to such coral reefs'';
                    (B) in paragraph (5), by striking ``tropical 
                forest''; and
                    (C) in paragraph (6), by striking ``living in or 
                near a tropical forest in a manner consistent with 
                protecting such tropical forest'' and inserting 
                ``dependent on a tropical forest or coral reef or an 
                associated coastal marine ecosystem related to such 
                coral reef and related resources in a manner consistent 
                with conserving such resources''.
    (e) Conforming Amendments to Definitions.--Section 803(7) of such 
Act (22 U.S.C. 2431a(7)) is amended--
            (1) in the heading, by striking ``Tropical forest 
        agreement'' and inserting ``Conservation agreement''; and
            (2) by striking ``Tropical Forest Agreement'' both places 
        it appears and inserting ``Conservation Agreement''.

SEC. 4308. CONSERVATION FUND.

    (a) In General.--Section 810 of the Tropical Forest and Coral 
Conservation Act of 2008 (22 U.S.C. 2431h), as renamed by section 
4302(a), is amended--
            (1) in the section heading, by striking ``tropical forest 
        fund'' and inserting ``conservation fund''; and
            (2) in subsection (a)--
                    (A) by striking ``Tropical Forest Agreement'' and 
                inserting ``Conservation Agreement''; and
                    (B) by striking ``Tropical Forest Fund'' and 
                inserting ``Conservation Fund''.
    (b) Conforming Amendments to Definitions.--Such Act is further 
amended--
            (1) in section 803(9) (22 U.S.C. 2431a(9))--
                    (A) in the heading, by striking ``Tropical forest 
                fund'' and inserting ``Conservation fund''; and
                    (B) by striking ``Tropical Forest Fund'' both 
                places it appears and inserting ``Conservation Fund'';
            (2) in section 806(c)(2) (22 U.S.C. 2431d(c)(2)), by 
        striking ``Tropical Forest Fund'' and inserting ``Conservation 
        Fund''; and
            (3) in section 807(c)(2) (22 U.S.C. 2431e(c)(2)), by 
        striking ``Tropical Forest Fund'' and inserting ``Conservation 
        Fund''.

SEC. 4309. REPEAL OF AUTHORITY OF THE ENTERPRISE FOR THE AMERICAS BOARD 
              TO CARRY OUT ACTIVITIES UNDER THE FOREST AND CORAL 
              CONSERVATION ACT OF 2008.

    (a) In General.--Section 811 of the Tropical Forest and Coral 
Conservation Act of 2008 (22 U.S.C. 2431i), as renamed by section 
4302(a), is repealed.
    (b) Conforming Amendments.--Section 803 of such Act (22 U.S.C. 
2431a), as renamed by section 4302(a), is amended--
            (1) by striking paragraph (4); and
            (2) by redesignating paragraphs (5), (6), (7), (8), and (9) 
        as paragraphs (4), (5), (6), (7), and (8), respectively.

SEC. 4310. CHANGES TO DUE DATES OF ANNUAL REPORTS TO CONGRESS.

    Section 813 of the Tropical Forest and Coral Conservation Act of 
2008 (22 U.S.C. 2431k), as renamed by section 4302(a), is amended--
            (1) in subsection (a)--
                    (A) by striking ``(a) In General.--Not later than 
                December 31'' and inserting ``Not later than April 
                15'';
                    (B) by striking ``Facility'' both places it appears 
                and inserting ``Conservation Facility''; and
                    (C) by striking ``fiscal year'' both places it 
                appears and inserting ``calendar year''; and
            (2) by striking subsection (b).

SEC. 4311. CHANGES TO INTERNATIONAL MONETARY FUND CRITERION FOR COUNTRY 
              ELIGIBILITY.

    Section 703(a)(5) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2430b(a)(5)) is amended--
            (1) by striking ``or, as appropriate in exceptional 
        circumstances,'' and inserting ``or'';
            (2) in subparagraph (A)--
                    (A) by striking ``or in exceptional circumstances, 
                a Fund monitored program or its equivalent,'' and 
                inserting ``or a Fund monitored program, or is 
                implementing sound macroeconomic policies,''; and
                    (B) by striking ``(after consultation with the 
                Enterprise for the Americas Board)''; and
            (3) in subparagraph (B), by striking ``(after consultation 
        with the Enterprise for Americas Board)''.

SEC. 4312. NEW AUTHORIZATION OF APPROPRIATIONS FOR THE REDUCTION OF 
              DEBT AND AUTHORIZATION FOR AUDIT, EVALUATION, MONITORING, 
              AND ADMINISTRATION EXPENSES.

    Section 806 of the Tropical Forest and Coral Conservation Act of 
2008 (22 U.S.C. 2431d), as renamed by section 4302(a), is amended--
            (1) in subsection (d), by adding at the end the following 
        new paragraphs:
            ``(7) $30,000,000 for fiscal year 2008.
            ``(8) $30,000,000 for fiscal year 2009.
            ``(9) $30,000,000 for fiscal year 2010.''; and
            (2) by amending subsection (e) to read as follows:
    ``(e) Use of Funds To Conduct Program Audits, Evaluations, 
Monitoring, and Administration.--Of the amounts made available to carry 
out this part for a fiscal year, $300,000 is authorized to be made 
available to carry out audits, evaluations, monitoring, and 
administration of programs under this part, including personnel costs 
associated with such audits, evaluations, monitoring and 
administration.''

     Subtitle E--Torture Victims Relief Reauthorization Act of 2008

SEC. 4401. SHORT TITLE.

    This subtitle may be cited as the ``Torture Victims Relief 
Reauthorization Act of 2008''.

SEC. 4402. AUTHORIZATION OF APPROPRIATIONS FOR DOMESTIC TREATMENT 
              CENTERS FOR VICTIMS OF TORTURE.

    Section 5(b)(1) of the Torture Victims Relief Act of 1998 (22 
U.S.C. 2152 note) is amended to read as follows:
            ``(1) Authorization of appropriations.--Of the amounts 
        authorized to be appropriated for the Department of Health and 
        Human Services for fiscal years 2008 and 2009, there are 
        authorized to be appropriated to carry out subsection (a) 
        $25,000,000 for each of the fiscal years 2008 and 2009.''.

SEC. 4403. AUTHORIZATION OF APPROPRIATIONS FOR FOREIGN TREATMENT 
              CENTERS FOR VICTIMS OF TORTURE.

    Section 4(b)(1) of the Torture Victims Relief Act of 1998 (22 
U.S.C. 2152 note) is amended to read as follows:
            ``(1) Authorization of appropriations.--Of the amounts 
        authorized to be appropriated for fiscal years 2008 and 2009 
        pursuant to chapter 1 of part I of the Foreign Assistance Act 
        of 1961 (22 U.S.C. 2151 et seq.), there are authorized to be 
        appropriated to the President to carry out section 130 of such 
        Act $12,000,000 for each of the fiscal years 2008 and 2009.''.

SEC. 4404. AUTHORIZATION OF APPROPRIATIONS FOR THE UNITED STATES 
              CONTRIBUTION TO THE UNITED NATIONS VOLUNTARY FUND FOR 
              VICTIMS OF TORTURE.

    Section 6(a) of the Torture Victims Relief Act of 1998 (22 U.S.C. 
2152 note) is amended to read as follows:
    ``(a) Funding.--Of the amounts authorized to be appropriated for 
fiscal years 2008 and 2009 pursuant to chapter 3 of part I of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2221 et seq.), there are 
authorized to be appropriated to the President for a voluntary 
contribution to the United Nations Voluntary Fund for Victims of 
Torture $12,000,000 for each of the fiscal years 2008 and 2009.''.

Subtitle F--Support for the Museum of the History of Polish Jews Act of 
                                  2008

SEC. 4501. SHORT TITLE.

    This subtitle may be cited as the ``Support for the Museum of the 
History of Polish Jews Act of 2008''.

SEC. 4502. FINDINGS.

    Congress finds the following:
            (1) Current and future generations benefit greatly by 
        visible reminders and documentation of the historical and 
        cultural roots of their society.
            (2) It is in the national interest of the United States to 
        encourage the preservation and protection of artifacts 
        associated with the heritage of United States citizens who 
        trace their forbearers to other countries and to encourage the 
        collection and dissemination of knowledge about that heritage.
            (3) According to the 2000 United States Census, nearly 
        9,000,000 Americans are of Polish ancestry.
            (4) At the beginning of World War II, Poland had the 
        largest Jewish population in Europe.
            (5) In 1996, Yeshayahu Weinberg, a founding director of Tel 
        Aviv's Diaspora Museum and the United States Holocaust Memorial 
        Museum, created an international team of experts with the goal 
        of establishing a Museum of the History of Polish Jews.
            (6) The Museum of the History of Polish Jews will preserve 
        and present the history of the Jewish people in Poland and the 
        wealth of their culture spanning a period of 1,000 years.
            (7) In 1997, the City of Warsaw donated a parcel of land, 
        opposite the Warsaw Ghetto Uprising Memorial, for the explicit 
        use for the Museum of the History of Polish Jews.
            (8) In 2005, the Government of Poland and the City of 
        Warsaw agreed to provide 40,000,000 Polish zlotys for the 
        construction of the Museum of the History of Polish Jews.
            (9) In 2005, an international architectural competition 
        selected a Finnish firm to design the building for the Museum 
        of the History of Polish Jews.
            (10) In 2006, the building for the Museum of the History of 
        Polish Jews moved into the last phase of project design.

SEC. 4503. ASSISTANCE FOR THE MUSEUM OF THE HISTORY OF POLISH JEWS.

    (a) Authority.--The Secretary of State is authorized to provide not 
more than $5,000,000 in assistance, on such terms and conditions as the 
Secretary may specify, to fund the establishment of, and maintain the 
permanent collection of, the Museum of the History of Polish Jews.
    (b) Expiration.--The authority under subsection (a) shall expire on 
October 1, 2010.

       TITLE V--COMMERCE, SCIENCE, AND TRANSPORTATION PROVISIONS

                       Subtitle A--Communications

                 PART I--BROADBAND DATA IMPROVEMENT ACT

SEC. 5101. SHORT TITLE.

    This part may be cited as the ``Broadband Data Improvement Act''.

SEC. 5102. FINDINGS.

    The Congress finds the following:
            (1) The deployment and adoption of broadband technology has 
        resulted in enhanced economic development and public safety for 
        communities across the Nation, improved health care and 
        educational opportunities, and a better quality of life for all 
        Americans.
            (2) Continued progress in the deployment and adoption of 
        broadband technology is vital to ensuring that our Nation 
        remains competitive and continues to create business and job 
        growth.
            (3) Improving Federal data on the deployment and adoption 
        of broadband service will assist in the development of 
        broadband technology across all regions of the Nation.
            (4) The Federal Government should also recognize and 
        encourage complementary State efforts to improve the quality 
        and usefulness of broadband data and should encourage and 
        support the partnership of the public and private sectors in 
        the continued growth of broadband services and information 
        technology for the residents and businesses of the Nation.

SEC. 5103. IMPROVING FEDERAL DATA ON BROADBAND.

    (a) Improving Section 706 Inquiry.--Section 706 of the 
Telecommunications Act of 1996 (47 U.S.C. 157 note) is amended--
            (1) by striking ``regularly'' in subsection (b) and 
        inserting ``annually'';
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting after subsection (b) the following:
    ``(c) Demographic Information for Unserved Areas.--As part of the 
inquiry required by subsection (b), the Commission shall compile a list 
of geographical areas that are not served by any provider of advanced 
telecommunications capability (as defined by section 706(c)(1) of the 
Telecommunications Act of 1996 (47 U.S.C. 157 note)) and to the extent 
that data from the Census Bureau is available, determine, for each such 
unserved area--
            ``(1) the population;
            ``(2) the population density; and
            ``(3) the average per capita income.''.
    (b) International Comparison.--
            (1) In general.--As part of the assessment and report 
        required by section 706 of the Telecommunications Act of 1996 
        (47 U.S.C. 157 note), the Federal Communications Commission 
        shall include information comparing the extent of broadband 
        service capability (including data transmission speeds and 
        price for broadband service capability) in a total of 75 
        communities in at least 25 countries abroad for each of the 
        data rate benchmarks for broadband service utilized by the 
        Commission to reflect different speed tiers.
            (2) Contents.--The Commission shall choose communities for 
        the comparison under this subsection in a manner that will 
        offer, to the extent possible, communities of a population 
        size, population density, topography, and demographic profile 
        that are comparable to the population size, population density, 
        topography, and demographic profile of various communities 
        within the United States. The Commission shall include in the 
        comparison under this subsection--
                    (A) a geographically diverse selection of 
                countries; and
                    (B) communities including the capital cities of 
                such countries.
            (3) Similarities and differences.--The Commission shall 
        identify relevant similarities and differences in each 
        community, including their market structures, the number of 
        competitors, the number of facilities-based providers, the 
        types of technologies deployed by such providers, the 
        applications and services those technologies enable, the 
        regulatory model under which broadband service capability is 
        provided, the types of applications and services used, business 
        and residential use of such services, and other media available 
        to consumers.
    (c) Consumer Survey of Broadband Service Capability.--
            (1) In general.--For the purpose of evaluating, on a 
        statistically significant basis, the national characteristics 
        of the use of broadband service capability, the Commission 
        shall conduct and make public periodic surveys of consumers in 
        urban, suburban, and rural areas in the large business, small 
        business, and residential consumer markets to determine--
                    (A) the types of technology used to provide the 
                broadband service capability to which consumers 
                subscribe;
                    (B) the amounts consumers pay per month for such 
                capability;
                    (C) the actual data transmission speeds of such 
                capability;
                    (D) the types of applications and services 
                consumers most frequently use in conjunction with such 
                capability;
                    (E) for consumers who have declined to subscribe to 
                broadband service capability, the reasons given by such 
                consumers for declining such capability;
                    (F) other sources of broadband service capability 
                which consumers regularly use or on which they rely; 
                and
                    (G) any other information the Commission deems 
                appropriate for such purpose.
            (2) Public availability.--The Commission shall make 
        publicly available the results of surveys conducted under this 
        subsection at least once per year.
    (d) Improving Census Data on Broadband.--The Secretary of Commerce, 
in consultation with the Federal Communications Commission, shall 
expand the American Community Survey conducted by the Bureau of the 
Census to elicit information for residential households, including 
those located on native lands, to determine whether persons at such 
households own or use a computer at that address, whether persons at 
that address subscribe to Internet service and, if so, whether such 
persons subscribe to dial-up or broadband Internet service at that 
address.
    (e) Proprietary Information.--Nothing in this part shall reduce or 
remove any obligation the Commission has to protect proprietary 
information, nor shall this part be construed to compel the Commission 
to make publicly available any proprietary information.

SEC. 5104. STUDY ON ADDITIONAL BROADBAND METRICS AND STANDARDS.

    (a) In General.--The Comptroller General shall conduct a study to 
consider and evaluate additional broadband metrics or standards that 
may be used by industry and the Federal Government to provide users 
with more accurate information about the cost and capability of their 
broadband connection, and to better compare the deployment and 
penetration of broadband in the United States with other countries. At 
a minimum, such study shall consider potential standards or metrics 
that may be used--
            (1) to calculate the average price per megabit per second 
        of broadband offerings;
            (2) to reflect the average actual speed of broadband 
        offerings compared to advertised potential speeds and to 
        consider factors affecting speed that may be outside the 
        control of a broadband provider;
            (3) to compare, using comparable metrics and standards, the 
        availability and quality of broadband offerings in the United 
        States with the availability and quality of broadband offerings 
        in other industrialized nations, including countries that are 
        members of the Organization for Economic Cooperation and 
        Development; and
            (4) to distinguish between complementary and substitutable 
        broadband offerings in evaluating deployment and penetration.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit a report to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Energy and Commerce on the results of the 
study, with recommendations for how industry and the Federal 
Communications Commission can use such metrics and comparisons to 
improve the quality of broadband data and to better evaluate the 
deployment and penetration of comparable broadband service at 
comparable rates across all regions of the Nation.

SEC. 5105. STUDY ON THE IMPACT OF BROADBAND SPEED AND PRICE ON SMALL 
              BUSINESSES.

    (a) In General.--The Small Business Administration Office of 
Advocacy shall conduct a study evaluating the impact of broadband speed 
and price on small businesses.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Office shall submit a report to the Senate Committee on 
Commerce, Science, and Transportation, the Senate Committee on Small 
Business and Entrepreneurship, the House of Representatives Committee 
on Energy and Commerce, and the House of Representatives Committee on 
Small Business on the results of the study, including--
            (1) a survey of broadband speeds available to small 
        businesses;
            (2) a survey of the cost of broadband speeds available to 
        small businesses;
            (3) a survey of the type of broadband technology used by 
        small businesses; and
            (4) any policy recommendations that may improve small 
        businesses access to comparable broadband services at 
        comparable rates in all regions of the Nation.

SEC. 5106. ENCOURAGING STATE INITIATIVES TO IMPROVE BROADBAND.

    (a) Purposes.--The purposes of any grant under subsection (b) are--
            (1) to ensure that all citizens and businesses in a State 
        have access to affordable and reliable broadband service;
            (2) to achieve improved technology literacy, increased 
        computer ownership, and broadband use among such citizens and 
        businesses;
            (3) to establish and empower local grassroots technology 
        teams in each State to plan for improved technology use across 
        multiple community sectors; and
            (4) to establish and sustain an environment ripe for 
        broadband services and information technology investment.
    (b) Establishment of State Broadband Data and Development Grant 
Program.--
            (1) In general.--The Secretary of Commerce shall award 
        grants, taking into account the results of the peer review 
        process under subsection (d), to eligible entities for the 
        development and implementation of statewide initiatives to 
        identify and track the availability and adoption of broadband 
        services within each State.
            (2) Competitive basis.--Any grant under subsection (b) 
        shall be awarded on a competitive basis.
    (c) Eligibility.--To be eligible to receive a grant under 
subsection (b), an eligible entity shall--
            (1) submit an application to the Secretary of Commerce, at 
        such time, in such manner, and containing such information as 
        the Secretary may require;
            (2) contribute matching non-Federal funds in an amount 
        equal to not less than 20 percent of the total amount of the 
        grant; and
            (3) agree to comply with confidentiality requirements in 
        subsection (h)(2) of this section.
    (d) Peer Review; Nondisclosure.--
            (1) In general.--The Secretary shall by regulation require 
        appropriate technical and scientific peer review of 
        applications made for grants under this section.
            (2) Review procedures.--The regulations required under 
        paragraph (1) shall require that any technical and scientific 
        peer review group--
                    (A) be provided a written description of the grant 
                to be reviewed;
                    (B) provide the results of any review by such group 
                to the Secretary of Commerce; and
                    (C) certify that such group will enter into 
                voluntary nondisclosure agreements as necessary to 
                prevent the unauthorized disclosure of confidential and 
                proprietary information provided by broadband service 
                providers in connection with projects funded by any 
                such grant.
    (e) Use of Funds.--A grant awarded to an eligible entity under 
subsection (b) shall be used--
            (1) to provide a baseline assessment of broadband service 
        deployment in each State;
            (2) to identify and track--
                    (A) areas in each State that have low levels of 
                broadband service deployment;
                    (B) the rate at which residential and business 
                users adopt broadband service and other related 
                information technology services; and
                    (C) possible suppliers of such services;
            (3) to identify barriers to the adoption by individuals and 
        businesses of broadband service and related information 
        technology services, including whether or not--
                    (A) the demand for such services is absent; and
                    (B) the supply for such services is capable of 
                meeting the demand for such services;
            (4) to identify the speeds of broadband connections made 
        available to individuals and businesses within the State, and, 
        at a minimum, to rely on the data rate benchmarks for broadband 
        service utilized by the Commission to reflect different speed 
        tiers, to promote greater consistency of data among the States;
            (5) to create and facilitate in each county or designated 
        region in a State a local technology planning team--
                    (A) with members representing a cross section of 
                the community, including representatives of business, 
                telecommunications labor organizations, K-12 education, 
                health care, libraries, higher education, community-
                based organizations, local government, tourism, parks 
                and recreation, and agriculture; and
                    (B) which shall--
                            (i) benchmark technology use across 
                        relevant community sectors;
                            (ii) set goals for improved technology use 
                        within each sector; and
                            (iii) develop a tactical business plan for 
                        achieving its goals, with specific 
                        recommendations for online application 
                        development and demand creation;
            (6) to work collaboratively with broadband service 
        providers and information technology companies to encourage 
        deployment and use, especially in unserved areas and areas in 
        which broadband penetration is significantly below the national 
        average, through the use of local demand aggregation, mapping 
        analysis, and the creation of market intelligence to improve 
        the business case for providers to deploy;
            (7) to establish programs to improve computer ownership and 
        Internet access for unserved areas and areas in which broadband 
        penetration is significantly below the national average;
            (8) to collect and analyze detailed market data concerning 
        the use and demand for broadband service and related 
        information technology services;
            (9) to facilitate information exchange regarding the use 
        and demand for broadband services between public and private 
        sectors; and
            (10) to create within each State a geographic inventory map 
        of broadband service, including the data rate benchmarks for 
        broadband service utilized by the Commission to reflect 
        different speed tiers, which shall--
                    (A) identify gaps in such service through a method 
                of geographic information system mapping of service 
                availability based on the geographic boundaries of 
                where service is available or unavailable among 
                residential or business customers; and
                    (B) provide a baseline assessment of statewide 
                broadband deployment in terms of households with high-
                speed availability.
    (f) Participation Limit.--For each State, an eligible entity may 
not receive a new grant under this section to fund the activities 
described in subsection (d) within such State if such organization 
obtained prior grant awards under this section to fund the same 
activities in that State in each of the previous 4 consecutive years.
    (g) Reporting; Broadband Inventory Map.--The Secretary of Commerce 
shall--
            (1) require each recipient of a grant under subsection (b) 
        to submit a report on the use of the funds provided by the 
        grant; and
            (2) create a web page on the Department of Commerce website 
        that aggregates relevant information made available to the 
        public by grant recipients, including, where appropriate, 
        hypertext links to any geographic inventory maps created by 
        grant recipients under subsection (e)(10).
    (h) Access to Aggregate Data.--
            (1) In general.--Subject to paragraph (2), the Commission 
        shall provide eligible entities access, in electronic form, to 
        aggregate data collected by the Commission based on the Form 
        477 submissions of broadband service providers.
            (2) Limitation.--Notwithstanding any provision of Federal 
        or State law to the contrary, an eligible entity shall treat 
        any matter that is a trade secret, commercial or financial 
        information, or privileged or confidential, as a record not 
        subject to public disclosure except as otherwise mutually 
        agreed to by the broadband service provider and the eligible 
        entity. This paragraph applies only to information submitted by 
        the Commission or a broadband provider to carry out the 
        provisions of this part and shall not otherwise limit or affect 
        the rules governing public disclosure of information collected 
        by any Federal or State entity under any other Federal or State 
        law or regulation.
    (i) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) an entity that is either--
                            (i) an agency or instrumentality of a 
                        State, or a municipality or other subdivision 
                        (or agency or instrumentality of a municipality 
                        or other subdivision) of a State;
                            (ii) a nonprofit organization that is 
                        described in section 501(c)(3) of the Internal 
                        Revenue Code of 1986 and that is exempt from 
                        taxation under section 501(a) of such Code; or
                            (iii) an independent agency or commission 
                        in which an office of a State is a member on 
                        behalf of the State; and
                    (B) is the single eligible entity in the State that 
                has been designated by the State to receive a grant 
                under this section.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $40,000,000 for each of fiscal 
years 2008 through 2012.
    (k) No Regulatory Authority.--Nothing in this section shall be 
construed as giving any public or private entity established or 
affected by this part any regulatory jurisdiction or oversight 
authority over providers of broadband services or information 
technology.

           PART II--TRAINING FOR REALTIME WRITERS ACT OF 2007

SEC. 5111. SHORT TITLE.

    This part may be cited as the ``Training for Realtime Writers Act 
of 2007''.

SEC. 5112. FINDINGS.

    Congress makes the following findings:
            (1) As directed by Congress in section 713 of the 
        Communications Act of 1934 (47 U.S.C. 613), as added by section 
        305 of the Telecommunications Act of 1996 (Public Law 104-104; 
        110 Stat. 126), the Federal Communications Commission began 
        enforcing rules requiring full closed captioning of most 
        English television programming on January 1, 2006.
            (2) The Federal Communications Commission rules also 
        require that video programming be fully captioned in Spanish by 
        2010.
            (3) More than 30,000,000 Americans are considered deaf or 
        hard of hearing, and many require captioning services to 
        participate in mainstream activities.
            (4) The National Institute on Deafness and other 
        Communication Disorders estimates that 1 in 3 Americans over 
        the age of 60 has already experienced hearing loss. The 
        79,000,000 Americans who are identified as ``baby boomers'' 
        represent 39 percent of the population of the United States and 
        most baby boomers began to reach age 60 just in the last few 
        years.
            (5) Closed captioning is a continuous source of emergency 
        information for people in mass transit and other congregate 
        settings.
            (6) Empirical research studies since 1988 demonstrate that 
        captions improve the performance of individuals learning to 
        read English.

SEC. 5113. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING AND JOB 
              PLACEMENT OF REALTIME WRITERS.

    (a) In General.--The Assistant Secretary for Information and 
Communications of the Department of Commerce shall make competitive 
grants to eligible entities under subsection (b) to promote training 
and placement of individuals, including individuals who have completed 
a court reporting training program, as realtime writers in order to 
meet the requirements for closed captioning of video programming set 
forth in section 713 of the Communications Act of 1934 (47 U.S.C. 613) 
and the rules prescribed thereunder.
    (b) Eligible Entities.--For purposes of this part, an eligible 
entity is a court reporting program that--
            (1) can document and demonstrate to the Assistant Secretary 
        that it meets minimum standards of educational and financial 
        accountability, with a curriculum capable of training realtime 
        writers qualified to provide captioning services;
            (2) is accredited by an accrediting agency recognized by 
        the Department of Education; and
            (3) is participating in student aid programs under title IV 
        of the Higher Education Act of 1965.
    (c) Priority in Grants.--In determining whether to make grants 
under this section, the Assistant Secretary shall give a priority to 
eligible entities that, as determined by the Assistant Secretary--
            (1) possess the most substantial capability to increase 
        their capacity to train realtime writers;
            (2) demonstrate the most promising collaboration with local 
        educational institutions, businesses, labor organizations, or 
        other community groups having the potential to train or provide 
        job placement assistance to realtime writers; or
            (3) propose the most promising and innovative approaches 
        for initiating or expanding training or job placement 
        assistance efforts with respect to realtime writers.
    (d) Duration of Grant.--A grant under this section shall be for a 
period of 2 years.
    (e) Maximum Amount of Grant.--The amount of a grant provided under 
subsection (a) to an entity eligible may not exceed $1,500,000 for the 
2-year period of the grant under subsection (d).

SEC. 5114. APPLICATION.

    (a) In General.--To receive a grant under section 5113, an eligible 
entity shall submit an application to the Assistant Secretary at such 
time and in such manner as the Assistant Secretary may require. The 
application shall contain the information set forth under subsection 
(b).
    (b) Information.--Information in the application of an eligible 
entity under subsection (a) for a grant under section 5113 shall 
include the following:
            (1) A description of the training and assistance to be 
        funded using the grant amount, including how such training and 
        assistance will increase the number of realtime writers.
            (2) A description of performance measures to be utilized to 
        evaluate the progress of individuals receiving such training 
        and assistance in matters relating to enrollment, completion of 
        training, and job placement and retention.
            (3) A description of the manner in which the eligible 
        entity will ensure that recipients of scholarships, if any, 
        funded by the grant will be employed and retained as realtime 
        writers.
            (4) A description of the manner in which the eligible 
        entity intends to continue providing the training and 
        assistance to be funded by the grant after the end of the grant 
        period, including any partnerships or arrangements established 
        for that purpose.
            (5) A description of how the eligible entity will work with 
        local workforce investment boards to ensure that training and 
        assistance to be funded with the grant will further local 
        workforce goals, including the creation of educational 
        opportunities for individuals who are from economically 
        disadvantaged backgrounds or are displaced workers.
            (6) Additional information, if any, of the eligibility of 
        the eligible entity for priority in the making of grants under 
        section 5113(c).
            (7) Such other information as the Assistant Secretary may 
        require.

SEC. 5115. USE OF FUNDS.

    (a) In General.--An eligible entity receiving a grant under section 
5113 shall use the grant amount for purposes relating to the 
recruitment, training and assistance, and job placement of individuals, 
including individuals who have completed a court reporting training 
program, as realtime writers, including--
            (1) recruitment;
            (2) subject to subsection (b), the provision of 
        scholarships;
            (3) distance learning;
            (4) further developing and implementing both English and 
        Spanish curriculum to more effectively train realtime writing 
        skills, and education in the knowledge necessary for the 
        delivery of high-quality closed captioning services;
            (5) mentoring students to ensure successful completion of 
        the realtime training and provide assistance in job placement;
            (6) encouraging individuals with disabilities to pursue a 
        career in realtime writing; and
            (7) the employment and payment of personnel for all such 
        purposes.
    (b) Scholarships.--
            (1) Amount.--The amount of a scholarship under subsection 
        (a)(2) shall be based on the amount of need of the recipient of 
        the scholarship for financial assistance, as determined in 
        accordance with part F of title IV of the Higher Education Act 
        of 1965 (20 U.S.C. 1087kk).
            (2) Agreement.--Each recipient of a scholarship under 
        subsection (a)(2) shall enter into an agreement with the school 
        in which the recipient is enrolled to provide realtime writing 
        services for a period of time appropriate (as determined by the 
        Assistant Secretary or the Assistant Secretary's designee) for 
        the amount of the scholarship received.
            (3) Coursework and employment.--The Assistant Secretary or 
        the Assistant Secretary's designee shall establish requirements 
        for coursework and employment for recipients of scholarships 
        under subsection (a)(2), including requirements for repayment 
        of scholarship amounts in the event of failure to meet such 
        requirements for coursework and employment or other material 
        terms under subsection (b)(2). Requirements for repayment of 
        scholarship amounts shall take into account the effect of 
        economic conditions on the capacity of scholarship recipients 
        to find work as realtime writers.
    (c) Administrative Costs.--The recipient of a grant under section 
5113 may not use more than 5 percent of the grant amount to pay 
administrative costs associated with activities funded by the grant. 
The Assistant Secretary shall use not more than 5 percent of the amount 
available for grants under this part in any fiscal year for 
administrative costs of the program.
    (d) Supplement Not Supplant.--Grants amounts under this part shall 
supplement and not supplant other Federal or non-Federal funds of the 
grant recipient for purposes of promoting the training and placement of 
individuals as realtime writers.

SEC. 5116. REPORTS.

    (a) Annual Reports.--Each eligible entity receiving a grant under 
section 5113 shall submit to the Assistant Secretary, at the end of 
each year of the grant period, a report on the activities of such 
entity with respect to the use of grant amounts during such year.
    (b) Report Information.--
            (1) In general.--Each report of an entity for a year under 
        subsection (a) shall include a description of the use of grant 
        amounts by the entity during such year, including an assessment 
        by the entity of the effectiveness of activities carried out 
        using such funds in increasing the number of realtime writers. 
        The assessment shall utilize the performance measures submitted 
        by the entity in the application for the grant under section 
        5114(b).
            (2) Final report.--The final report of an entity on a grant 
        under subsection (a) shall include a description of the best 
        practices identified by the entity as a result of the grant for 
        increasing the number of individuals who are trained, employed, 
        and retained in employment as realtime writers.
    (c) Annual Review.--The Inspector General of the Department of 
Commerce shall conduct an annual review of the management, efficiency, 
and effectiveness of the grants made under this part.

SEC. 5117. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary of Commerce 
to carry out this part $20,000,000 for each of fiscal years 2008, 2009, 
2010, 2011, and 2012.

SEC. 5118. SUNSET.

    This part is repealed 5 years after the date of the enactment of 
this Act.

                           Subtitle B--Oceans

    PART I--HYDROGRAPHIC SERVICES IMPROVEMENT ACT AMENDMENTS OF 2008

SEC. 5201. SHORT TITLE.

    This part may be cited as the ``Hydrographic Services Improvement 
Act Amendments of 2008''.

SEC. 5202. DEFINITIONS.

    Section 303 of the Hydrographic Services Improvement Act of 1998 
(33 U.S.C. 892) is amended by striking paragraphs (3), (4), and (5) and 
inserting the following:
            ``(3) Hydrographic data.--The term `hydrographic data' 
        means information that--
                    ``(A) is acquired through--
                            ``(i) hydrographic, bathymetric, 
                        photogrammetric, lidar, radar, remote sensing, 
                        or shoreline and other ocean- and coastal-
                        related surveying;
                            ``(ii) geodetic, geospatial, or geomagnetic 
                        measurements;
                            ``(iii) tide, water level, and current 
                        observations; or
                            ``(iv) other methods; and
                    ``(B) is used in providing hydrographic services.
            ``(4) Hydrographic services.--The term `hydrographic 
        services' means----
                    ``(A) the management, maintenance, interpretation, 
                certification, and dissemination of bathymetric, 
                hydrographic, shoreline, geodetic, geospatial, 
                geomagnetic, and tide, water level, and current 
                information, including the production of nautical 
                charts, nautical information databases, and other 
                products derived from hydrographic data;
                    ``(B) the development of nautical information 
                systems; and
                    ``(C) related activities.
            ``(5) Coast and geodetic survey act.--The term `Coast and 
        Geodetic Survey Act' means the Act entitled `An Act to define 
        the functions and duties of the Coast and Geodetic Survey, and 
        for other purposes', approved August 6, 1947 (33 U.S.C. 883a et 
        seq.).''.

SEC. 5203. FUNCTIONS OF THE ADMINISTRATOR.

    Section 303 of the Hydrographic Services Improvement Act of 1998 
(33 U.S.C. 892a) is amended--
            (1) by striking ``the Act of 1947,'' in subsection (a) and 
        inserting ``the Coast and Geodetic Survey Act, promote safe, 
        efficient and environmentally sound marine transportation, and 
        otherwise fulfill the purposes of this Act,'';
            (2) by striking ``data;'' in subsection (a)(1) and 
        inserting ``data and provide hydrographic services;'' and
            (3) by striking subsection (b) and inserting the following:
    ``(b) Authorities.--To fulfill the data gathering and dissemination 
duties of the Administration under the Coast and Geodetic Survey Act, 
promote safe, efficient, and environmentally sound marine 
transportation, and otherwise fulfill the purposes of this Act, subject 
to the availability of appropriations, the Administrator--
            ``(1) may procure, lease, evaluate, test, develop, and 
        operate vessels, equipment, and technologies necessary to 
        ensure safe navigation and maintain operational expertise in 
        hydrographic data acquisition and hydrographic services;
            ``(2) shall, subject to the availability of appropriations, 
        design, install, maintain, and operate real-time hydrographic 
        monitoring systems to enhance navigation safety and efficiency; 
        and
            ``(3) where appropriate and to the extent that it does not 
        detract from the promotion of safe and efficient navigation, 
        may acquire hydrographic data and provide hydrographic services 
        to support the conservation and management of coastal and ocean 
        resources;
            ``(4) where appropriate, may acquire hydrographic data and 
        provide hydrographic services to save and protect life and 
        property and support the resumption of commerce in response to 
        emergencies, natural and man-made disasters, and homeland 
        security and maritime domain awareness needs, including 
        obtaining mission assignments (as defined in section 641 of the 
        Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
        741));
            ``(5) may create, support, and maintain such joint centers 
        with other Federal agencies and other entities as the 
        Administrator deems appropriate or necessary to carry out the 
        purposes of this Act; and
            ``(6) notwithstanding the existence of such joint centers, 
        shall award contracts for the acquisition of hydrographic data 
        in accordance with subchapter VI of chapter 10 of title 40, 
        United States Code.''.

SEC. 5204. HYDROGRAPHIC SERVICES REVIEW PANEL.

    Section 305(c)(1)(A) of the Hydrographic Services Improvement Act 
of 1998 (33 U.S.C. 892c(c)(1)(A)) is amended to read as follows: ``(A) 
The panel shall consist of 15 voting members who shall be appointed by 
the Administrator. The Co-directors of the Center for Coastal and Ocean 
Mapping/Joint Hydrographic Center and no more than 2 employees of the 
National Oceanic and Atmospheric Administration appointed by the 
Administrator shall serve as nonvoting members of the panel. The voting 
members of the panel shall be individuals who, by reason of knowledge, 
experience, or training, are especially qualified in 1 or more of the 
disciplines and fields relating to hydrographic data and hydrographic 
services, marine transportation, port administration, vessel pilotage, 
coastal and fishery management, and other disciplines as determined 
appropriate by the Administrator.''.

SEC. 5205. AUTHORIZATION OF APPROPRIATIONS.

    Section 306 of the Hydrographic Services Improvement Act of 1998 
(33 U.S.C. 892d) is amended to read as follows:

``SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Administrator the 
following:
            ``(1) To carry out nautical mapping and charting functions 
        under sections 304 and 305, except for conducting hydrographic 
        surveys--
                    ``(A) $55,000,000 for fiscal year 2009;
                    ``(B) $56,000,000 for fiscal year 2010;
                    ``(C) $57,000,000 for fiscal year 2011; and
                    ``(D) $58,000,000 for fiscal year 2012.
            ``(2) To contract for hydrographic surveys under section 
        304(b)(1), including the leasing or time chartering of 
        vessels--
                    ``(A) $32,130,000 for fiscal year 2009;
                    ``(B) $32,760,000 for fiscal year 2010;
                    ``(C) $33,390,000 for fiscal year 2011; and
                    ``(D) $34,020,000 for fiscal year 2012.
            ``(3) To operate hydrographic survey vessels owned by the 
        United States and operated by the Administration--
                    ``(A) $25,900,000 for fiscal year 2009;
                    ``(B) $26,400,000 for fiscal year 2010;
                    ``(C) $26,900,000 for fiscal year 2011; and
                    ``(D) $27,400,000 for fiscal year 2012.
            ``(4) To carry out geodetic functions under this title--
                    ``(A) $32,640,000 for fiscal year 2009;
                    ``(B) $33,280,000 for fiscal year 2010;
                    ``(C) $33,920,000 for fiscal year 2011; and
                    ``(D) $34,560,000 for fiscal year 2012.
            ``(5) To carry out tide and current measurement functions 
        under this title--
                    ``(A) $27,000,000 for fiscal year 2009;
                    ``(B) $27,500,000 for fiscal year 2010;
                    ``(C) $28,000,000 for fiscal year 2011; and
                    ``(D) $28,500,000 for fiscal year 2012.
            ``(6) To acquire a replacement hydrographic survey vessel 
        capable of staying at sea continuously for at least 30 days 
        $75,000,000.''.

SEC. 5206. AUTHORIZED NOAA CORPS STRENGTH.

    Section 215 of the National Oceanic and Atmospheric Administration 
Commissioned Officer Corps Act of 2002 (33 U.S.C. 3005) is amended to 
read as follows:

``SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS.

    ``Effective October 1, 2009, the total number of authorized 
commissioned officers on the lineal list of the commissioned corps of 
the National Oceanic and Atmospheric Administration shall be increased 
from 321 to 379 if--
            ``(1) the Secretary has submitted to the Congress--
                    ``(A) the Administration's ship recapitalization 
                plan for fiscal years 2010 through 2024;
                    ``(B) the Administration's aircraft remodernization 
                plan; and
                    ``(C) supporting workforce management plans;
            ``(2) appropriated funding is available; and
            ``(3) the Secretary has justified organizational needs for 
        the commissioned corps for each such fiscal year.''

                       PART II--OCEAN EXPLORATION

                         Subpart A--Exploration

SEC. 5211. PURPOSE.

    The purpose of this subpart is to establish the national ocean 
exploration program and the national undersea research program within 
the National Oceanic and Atmospheric Administration.

SEC. 5212. PROGRAM ESTABLISHED.

    The Administrator or the National Oceanic and Atmospheric 
Administration shall, in consultation with the National Science 
Foundation and other appropriate Federal agencies, establish a 
coordinated national ocean exploration program within the National 
Oceanic and Atmospheric Administration that promotes collaboration with 
other Federal ocean and undersea research and exploration programs. To 
the extent appropriate, the Administrator shall seek to facilitate 
coordination of data and information management systems, outreach and 
education programs to improve public understanding of ocean and coastal 
resources, and development and transfer of technologies to facilitate 
ocean and undersea research and exploration.

SEC. 5213. POWERS AND DUTIES OF THE ADMINISTRATOR.

    (a) In General.--In carrying out the program authorized by section 
5212, the Administrator of the National Oceanic and Atmospheric 
Administration shall--
            (1) conduct interdisciplinary voyages or other scientific 
        activities in conjunction with other Federal agencies or 
        academic or educational institutions, to explore and survey 
        little known areas of the marine environment, inventory, 
        observe, and assess living and nonliving marine resources, and 
        report such findings;
            (2) give priority attention to deep ocean regions, with a 
        focus on deep water marine systems that hold potential for 
        important scientific discoveries, such as hydrothermal vent 
        communities and seamounts;
            (3) conduct scientific voyages to locate, define, and 
        document historic shipwrecks, submerged sites, and other ocean 
        exploration activities that combine archaeology and 
        oceanographic sciences;
            (4) develop and implement, in consultation with the 
        National Science Foundation, a transparent, competitive process 
        for merit-based peer-review and approval of proposals for 
        activities to be conducted under this program, taking into 
        consideration advice of the Board established under section 
        5215;
            (5) enhance the technical capability of the United States 
        marine science community by promoting the development of 
        improved oceanographic research, communication, navigation, and 
        data collection systems, as well as underwater platforms and 
        sensor and autonomous vehicles; and
            (6) establish an ocean exploration forum to encourage 
        partnerships and promote communication among experts and other 
        stakeholders in order to enhance the scientific and technical 
        expertise and relevance of the national program.
    (b) Donations.--The Administrator may accept donations of property, 
data, and equipment to be applied for the purpose of exploring the 
oceans or increasing knowledge of the oceans.

SEC. 5214. OCEAN EXPLORATION AND UNDERSEA RESEARCH TECHNOLOGY AND 
              INFRASTRUCTURE TASK FORCE.

    (a) In General.--The Administrator of the National Oceanic and 
Atmospheric Administration, in coordination with the National Science 
Foundation, the National Aeronautics and Space Administration, the 
United States Geological Survey, the Department of the Navy, the 
Mineral Management Service, and relevant governmental, non-
governmental, academic, industry, and other experts, shall convene an 
ocean exploration and undersea research technology and infrastructure 
task force to develop and implement a strategy--
            (1) to facilitate transfer of new exploration and undersea 
        research technology to the programs authorized under this 
        subpart and subpart B of this part;
            (2) to improve availability of communications 
        infrastructure, including satellite capabilities, to such 
        programs;
            (3) to develop an integrated, workable, and comprehensive 
        data management information processing system that will make 
        information on unique and significant features obtained by such 
        programs available for research and management purposes;
            (4) to conduct public outreach activities that improve the 
        public understanding of ocean science, resources, and 
        processes, in conjunction with relevant programs of the 
        National Oceanic and Atmospheric Administration, the National 
        Science Foundation, and other agencies; and
            (5) to encourage cost-sharing partnerships with 
        governmental and nongovernmental entities that will assist in 
        transferring exploration and undersea research technology and 
        technical expertise to the programs.
    (b) Budget Coordination.--The task force shall coordinate the 
development of agency budgets and identify the items in their annual 
budget that support the activities identified in the strategy developed 
under subsection (a).

SEC. 5215. OCEAN EXPLORATION ADVISORY BOARD.

    (a) Establishment.--The Administrator of the National Oceanic and 
Atmospheric Administration shall appoint an Ocean Exploration Advisory 
Board composed of experts in relevant fields--
            (1) to advise the Administrator on priority areas for 
        survey and discovery;
            (2) to assist the program in the development of a 5-year 
        strategic plan for the fields of ocean, marine, and Great Lakes 
        science, exploration, and discovery;
            (3) to annually review the quality and effectiveness of the 
        proposal review process established under section 5213(a)(4); 
        and
            (4) to provide other assistance and advice as requested by 
        the Administrator.
    (b) Federal Advisory Committee Act.--Section 14 of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board 
appointed under subsection (a).
    (c) Application With Outer Continental Shelf Lands Act.--Nothing in 
subpart supersedes, or limits the authority of the Secretary of the 
Interior under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
seq.).

SEC. 5216. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the National Oceanic and 
Atmospheric Administration to carry out this subpart--
            (1) $33,550,000 for fiscal year 2009;
            (2) $36,905,000 for fiscal year 2010;
            (3) $40,596,000 for fiscal year 2011;
            (4) $44,655,000 for fiscal year 2012;
            (5) $49,121,000 for fiscal year 2013;
            (6) $54,033,000 for fiscal year 2014; and
            (7) $59,436,000 for fiscal year 2015.

         Subpart B--NOAA Undersea Research Program Act of 2008

SEC. 5221. SHORT TITLE.

    This subpart may be cited as the ``NOAA Undersea Research Program 
Act of 2008''.

SEC. 5222. PROGRAM ESTABLISHED.

    (a) In General.--The Administrator of the National Oceanic and 
Atmospheric Administration shall establish and maintain an undersea 
research program and shall designate a Director of that program.
    (b) Purpose.--The purpose of the program is to increase scientific 
knowledge essential for the informed management, use, and preservation 
of oceanic, marine, and coastal areas and the Great Lakes.

SEC. 5223. POWERS OF PROGRAM DIRECTOR.

    The Director of the program, in carrying out the program, shall--
            (1) cooperate with institutions of higher education and 
        other educational marine and ocean science organizations, and 
        shall make available undersea research facilities, equipment, 
        technologies, information, and expertise to support undersea 
        research efforts by these organizations;
            (2) enter into partnerships, as appropriate and using 
        existing authorities, with the private sector to achieve the 
        goals of the program and to promote technological advancement 
        of the marine industry; and
            (3) coordinate the development of agency budgets and 
        identify the items in their annual budget that support the 
        activities described in paragraphs (1) and (2).

SEC. 5224. ADMINISTRATIVE STRUCTURE.

    (a) In General.--The program shall be conducted through a national 
headquarters, a network of extramural regional undersea research 
centers that represent all relevant National Oceanic and Atmospheric 
Administration regions, and the National Institute for Undersea Science 
and Technology.
    (b) Direction.--The Director shall develop the overall direction of 
the program in coordination with a Council of Center Directors 
comprised of the directors of the extramural regional centers and the 
National Institute for Undersea Science and Technology. The Director 
shall publish a draft program direction document not later than 1 year 
after the date of enactment of this Act in the Federal Register for a 
public comment period of not less than 120 days. The Director shall 
publish a final program direction, including responses to the comments 
received during the public comment period, in the Federal Register 
within 90 days after the close of the comment period. The program 
director shall update the program direction, with opportunity for 
public comment, at least every 5 years.

SEC. 5225. RESEARCH, EXPLORATION, EDUCATION, AND TECHNOLOGY PROGRAMS.

    (a) In General.--The following research, exploration, education, 
and technology programs shall be conducted through the network of 
regional centers and the National Institute for Undersea Science and 
Technology:
            (1) Core research and exploration based on national and 
        regional undersea research priorities.
            (2) Advanced undersea technology development to support the 
        National Oceanic and Atmospheric Administration's research 
        mission and programs.
            (3) Undersea science-based education and outreach programs 
        to enrich ocean science education and public awareness of the 
        oceans and Great Lakes.
            (4) Development, testing, and transition of advanced 
        undersea technology associated with ocean observatories, 
        submersibles, advanced diving technologies, remotely operated 
        vehicles, autonomous underwater vehicles, and new sampling and 
        sensing technologies.
            (5) Discovery, study, and development of natural resources 
        and products from ocean, coastal, and aquatic systems.
    (b) Operations.--The Director of the program, through operation of 
the extramural regional centers and the National Institute for Undersea 
Science and Technology, shall leverage partnerships and cooperative 
research with academia and private industry.

SEC. 5226. COMPETITIVENESS.

    (a) Discretionary Fund.--The Program shall allocate no more than 10 
percent of its annual budget to a discretionary fund that may be used 
only for program administration and priority undersea research projects 
identified by the Director but not covered by funding available from 
centers.
    (b) Competitive Selection.--The Administrator shall conduct an 
initial competition to select the regional centers that will 
participate in the program 90 days after the publication of the final 
program direction under section 5224 and every 5 years thereafter. 
Funding for projects conducted through the regional centers shall be 
awarded through a competitive, merit-reviewed process on the basis of 
their relevance to the goals of the program and their technical 
feasibility.

SEC. 5227. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the National Oceanic and 
Atmospheric Administration--
            (1) for fiscal year 2009--
                    (A) $13,750,000 for the regional centers, of which 
                50 percent shall be for West Coast regional centers and 
                50 percent shall be for East Coast regional centers; 
                and
                    (B) $5,500,000 for the National Technology 
                Institute;
            (2) for fiscal year 2010--
                    (A) $15,125,000 for the regional centers, of which 
                50 percent shall be for West Coast regional centers and 
                50 percent shall be for East Coast regional centers; 
                and
                    (B) $6,050,000 for the National Technology 
                Institute;
            (3) for fiscal year 2011--
                    (A) $16,638,000 for the regional centers, of which 
                50 percent shall be for West Coast regional centers and 
                50 percent shall be for East Coast regional centers; 
                and
                    (B) $6,655,000 for the National Technology 
                Institute;
            (4) for fiscal year 2012--
                    (A) $18,301,000 for the regional centers, of which 
                50 percent shall be for West Coast regional centers and 
                50 percent shall be for East Coast regional centers; 
                and
                    (B) $7,321,000 for the National Technology 
                Institute;
            (5) for fiscal year 2013--
                    (A) $20,131,000 for the regional centers, of which 
                50 percent shall be for West Coast regional centers and 
                50 percent shall be for East Coast regional centers; 
                and
                    (B) $8,053,000 for the National Technology 
                Institute;
            (6) for fiscal year 2014--
                    (A) $22,145,000 for the regional centers, of which 
                50 percent shall be for West Coast regional centers and 
                50 percent shall be for East Coast regional centers; 
                and
                    (B) $8,859,000 for the National Technology 
                Institute; and
            (7) for fiscal year 2015--
                    (A) $24,359,000 for the regional centers, of which 
                50 percent shall be for West Coast regional centers and 
                50 percent shall be for East Coast regional centers; 
                and
                    (B) $9,744,000 for the National Technology 
                Institute.

          PART III--OCEAN AND COASTAL MAPPING INTEGRATION ACT

SEC. 5231. SHORT TITLE.

    This part may be cited as the ``Ocean and Coastal Mapping 
Integration Act''.

SEC. 5232. ESTABLISHMENT OF PROGRAM.

    (a) In General.--The President, in coordination with the 
Interagency Committee on Ocean and Coastal Mapping and affected coastal 
states, shall establish a program to develop a coordinated and 
comprehensive Federal ocean and coastal mapping plan for the Great 
Lakes and coastal state waters, the territorial sea, the exclusive 
economic zone, and the continental shelf of the United States that 
enhances ecosystem approaches in decision-making for conservation and 
management of marine resources and habitats, establishes research and 
mapping priorities, supports the siting of research and other 
platforms, and advances ocean and coastal science.
    (b) Membership.--The Committee shall be comprised of high-level 
representatives of the Department of Commerce, through the National 
Oceanic and Atmospheric Administration, the Department of Interior, the 
National Science Foundation, the Department of Defense, the 
Environmental Protection Agency, the Department of Homeland Security, 
the National Aeronautics and Space Administration, and other 
appropriate Federal agencies involved in ocean and coastal mapping.
    (c) Program Parameters.--In developing such a program, the 
President, through the Committee, shall--
            (1) identify all Federal and federally-funded programs 
        conducting shoreline delineation and ocean or coastal mapping, 
        noting geographic coverage, frequency, spatial coverage, 
        resolution, and subject matter focus of the data and location 
        of data archives;
            (2) facilitate cost-effective, cooperative mapping efforts 
        that incorporate policies for contracting with non-governmental 
        entities among all Federal agencies conducting ocean and 
        coastal mapping, by increasing data sharing, developing 
        appropriate data acquisition and metadata standards, and 
        facilitating the interoperability of in situ data collection 
        systems, data processing, archiving, and distribution of data 
        products;
            (3) facilitate the adaptation of existing technologies as 
        well as foster expertise in new ocean and coastal mapping 
        technologies, including through research, development, and 
        training conducted among Federal agencies and in cooperation 
        with non-governmental entities;
            (4) develop standards and protocols for testing innovative 
        experimental mapping technologies and transferring new 
        technologies between the Federal Government, coastal state, and 
        non-governmental entities;
            (5) provide for the archiving, management, and distribution 
        of data sets through a national registry as well as provide 
        mapping products and services to the general public in service 
        of statutory requirements;
            (6) develop data standards and protocols consistent with 
        standards developed by the Federal Geographic Data Committee 
        for use by Federal, coastal state, and other entities in 
        mapping and otherwise documenting locations of federally 
        permitted activities, living and nonliving coastal and marine 
        resources, marine ecosystems, sensitive habitats, submerged 
        cultural resources, undersea cables, offshore aquaculture 
        projects, offshore energy projects, and any areas designated 
        for purposes of environmental protection or conservation and 
        management of living and nonliving coastal and marine 
        resources;
            (7) identify the procedures to be used for coordinating the 
        collection and integration of Federal ocean and coastal mapping 
        data with coastal state and local government programs;
            (8) facilitate, to the extent practicable, the collection 
        of real-time tide data and the development of hydrodynamic 
        models for coastal areas to allow for the application of V-
        datum tools that will facilitate the seamless integration of 
        onshore and offshore maps and charts;
            (9) establish a plan for the acquisition and collection of 
        ocean and coastal mapping data; and
            (10) set forth a timetable for completion and 
        implementation of the plan.

SEC. 5233. INTERAGENCY COMMITTEE ON OCEAN AND COASTAL MAPPING.

    (a) In General.--The Administrator of the National Oceanic and 
Atmospheric Administration, within 30 days after the date of enactment 
of this Act, shall convene or utilize an existing interagency committee 
on ocean and coastal mapping to implement section 5232.
    (b) Membership.--The committee shall be comprised of senior 
representatives from Federal agencies with ocean and coastal mapping 
and surveying responsibilities. The representatives shall be high-
ranking officials of their respective agencies or departments and, 
whenever possible, the head of the portion of the agency or department 
that is most relevant to the purposes of this part. Membership shall 
include senior representatives from the National Oceanic and 
Atmospheric Administration, the Chief of Naval Operations, the United 
States Geological Survey, the Minerals Management Service, the National 
Science Foundation, the National Geospatial-Intelligence Agency, the 
United States Army Corps of Engineers, the Coast Guard, the 
Environmental Protection Agency, the Federal Emergency Management 
Agency, the National Aeronautics and Space Administration, and other 
appropriate Federal agencies involved in ocean and coastal mapping.
    (c) Co-Chairmen.--The Committee shall be co-chaired by the 
representative of the Department of Commerce and a representative of 
the Department of the Interior.
    (d) Subcommittee.--The co-chairmen shall establish a subcommittee 
to carry out the day-to-day work of the Committee, comprised of senior 
representatives of any member agency of the committee. Working groups 
may be formed by the full Committee to address issues of short 
duration. The subcommittee shall be chaired by the representative from 
the National Oceanic and Atmospheric Administration. The chairmen of 
the Committee may create such additional subcommittees and working 
groups as may be needed to carry out the work of Committee.
    (e) Meetings.--The committee shall meet on a quarterly basis, but 
each subcommittee and each working group shall meet on an as-needed 
basis.
    (f) Coordination.--The committee shall coordinate activities when 
appropriate, with--
            (1) other Federal efforts, including the Digital Coast, 
        Geospatial One-Stop, and the Federal Geographic Data Committee;
            (2) international mapping activities;
            (3) coastal states;
            (4) user groups through workshops and other appropriate 
        mechanisms; and
            (5) representatives of nongovernmental entities.
    (g) Advisory Panel.--The Administrator may convene an ocean and 
coastal mapping advisory panel consisting of representatives from non-
governmental entities to provide input regarding activities of the 
committee in consultation with the interagency committee.

SEC. 5234. BIANNUAL REPORTS.

    No later than 18 months after the date of enactment of this Act, 
and biannually thereafter, the co-chairmen of the Committee shall 
transmit to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Natural Resources of the House of 
Representatives a report detailing progress made in implementing this 
part, including--
            (1) an inventory of ocean and coastal mapping data within 
        the territorial sea and the exclusive economic zone and 
        throughout the Continental Shelf of the United States, noting 
        the age and source of the survey and the spatial resolution 
        (metadata) of the data;
            (2) identification of priority areas in need of survey 
        coverage using present technologies;
            (3) a resource plan that identifies when priority areas in 
        need of modern ocean and coastal mapping surveys can be 
        accomplished;
            (4) the status of efforts to produce integrated digital 
        maps of ocean and coastal areas;
            (5) a description of any products resulting from 
        coordinated mapping efforts under this part that improve public 
        understanding of the coasts and oceans, or regulatory 
        decisionmaking;
            (6) documentation of minimum and desired standards for data 
        acquisition and integrated metadata;
            (7) a statement of the status of Federal efforts to 
        leverage mapping technologies, coordinate mapping activities, 
        share expertise, and exchange data;
            (8) a statement of resource requirements for organizations 
        to meet the goals of the program, including technology needs 
        for data acquisition, processing, and distribution systems;
            (9) a statement of the status of efforts to declassify data 
        gathered by the Navy, the National Geospatial-Intelligence 
        Agency, and other agencies to the extent possible without 
        jeopardizing national security, and make it available to 
        partner agencies and the public;
            (10) a resource plan for a digital coast integrated mapping 
        pilot project for the northern Gulf of Mexico that will--
                    (A) cover the area from the authorized coastal 
                counties through the territorial sea;
                    (B) identify how such a pilot project will leverage 
                public and private mapping data and resources, such as 
                the United States Geological Survey National Map, to 
                result in an operational coastal change assessment 
                program for the subregion;
            (11) the status of efforts to coordinate Federal programs 
        with coastal state and local government programs and leverage 
        those programs;
            (12) a description of efforts of Federal agencies to 
        increase contracting with nongovernmental entities; and
            (13) an inventory and description of any new Federal or 
        federally funded programs conducting shoreline delineation and 
        ocean or coastal mapping since the previous reporting cycle.

SEC. 5235. PLAN.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Administrator, in consultation with the 
Committee, shall develop and submit to the Congress a plan for an 
integrated ocean and coastal mapping initiative within the National 
Oceanic and Atmospheric Administration.
    (b) Plan Requirements.--The plan shall--
            (1) identify and describe all ocean and coastal mapping 
        programs within the agency, including those that conduct 
        mapping or related activities in the course of existing 
        missions, such as hydrographic surveys, ocean exploration 
        projects, living marine resource conservation and management 
        programs, coastal zone management projects, and ocean and 
        coastal observations and science projects;
            (2) establish priority mapping programs and establish and 
        periodically update priorities for geographic areas in 
        surveying and mapping across all missions of the National 
        Oceanic and Atmospheric Administration, as well as minimum data 
        acquisition and metadata standards for those programs;
            (3) encourage the development of innovative ocean and 
        coastal mapping technologies and applications, through research 
        and development through cooperative or other agreements with 
        joint or cooperative research institutes or centers and with 
        other non-governmental entities;
            (4) document available and developing technologies, best 
        practices in data processing and distribution, and leveraging 
        opportunities with other Federal agencies, coastal states, and 
        non-governmental entities;
            (5) identify training, technology, and other resource 
        requirements for enabling the National Oceanic and Atmospheric 
        Administration's programs, vessels, and aircraft to support a 
        coordinated ocean and coastal mapping program;
            (6) identify a centralized mechanism or office for 
        coordinating data collection, processing, archiving, and 
        dissemination activities of all such mapping programs within 
        the National Oceanic and Atmospheric Administration that meets 
        Federal mandates for data accuracy and accessibility and 
        designate a repository that is responsible for archiving and 
        managing the distribution of all ocean and coastal mapping data 
        to simplify the provision of services to benefit Federal and 
        coastal state programs; and
            (7) set forth a timetable for implementation and completion 
        of the plan, including a schedule for submission to the 
        Congress of periodic progress reports and recommendations for 
        integrating approaches developed under the initiative into the 
        interagency program.
    (c) NOAA Joint Ocean and Coastal Mapping Centers.--The 
Administrator may maintain and operate up to 3 joint ocean and coastal 
mapping centers, including a joint hydrographic center, which shall 
each be co-located with an institution of higher education. The centers 
shall serve as hydrographic centers of excellence and may conduct 
activities necessary to carry out the purposes of this part, 
including--
            (1) research and development of innovative ocean and 
        coastal mapping technologies, equipment, and data products;
            (2) mapping of the United States Outer Continental Shelf 
        and other regions;
            (3) data processing for nontraditional data and uses;
            (4) advancing the use of remote sensing technologies, for 
        related issues, including mapping and assessment of essential 
        fish habitat and of coral resources, ocean observations, and 
        ocean exploration; and
            (5) providing graduate education and training in ocean and 
        coastal mapping sciences for members of the National Oceanic 
        and Atmospheric Administration Commissioned Officer Corps, 
        personnel of other agencies with ocean and coastal mapping 
        programs, and civilian personnel.
    (d) NOAA Report.--The Administrator shall continue developing a 
strategy for expanding contracting with non-governmental entities to 
minimize duplication and take maximum advantage of nongovernmental 
capabilities in fulfilling the Administration's mapping and charting 
responsibilities. Within 120 days after the date of enactment of this 
Act, the Administrator shall transmit a report describing the strategy 
developed under this subsection to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Natural Resources 
of the House of Representatives.

SEC. 5236. EFFECT ON OTHER LAWS.

    Nothing in this part shall be construed to supersede or alter the 
existing authorities of any Federal agency with respect to ocean and 
coastal mapping.

SEC. 5237. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In addition to the amounts authorized by section 
306 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 
892d), there are authorized to be appropriated to the Administrator to 
carry out this part--
            (1) $26,000,000 for fiscal year 2009;
            (2) $32,000,000 for fiscal year 2010;
            (3) $38,000,000 for fiscal year 2011; and
            (4) $45,000,000 for each of fiscal years 2012 through 2015.
    (b) Joint Ocean and Coastal Mapping Centers.--Of the amounts 
appropriated pursuant to subsection (a), the following amounts shall be 
used to carry out section 5235(c) of this part:
            (1) $11,000,000 for fiscal year 2009.
            (2) $12,000,000 for fiscal year 2010.
            (3) $13,000,000 for fiscal year 2011.
            (4) $15,000,000 for each of fiscal years 2012 through 2015.
    (c) Cooperative Agreements.--To carry out interagency activities 
under section 5233 of this part, the head of any department or agency 
may execute a cooperative agreement with the Administrator, including 
those authorized by section 5 of the Act of August 6, 1947 (33 U.S.C. 
883e).

SEC. 5238. DEFINITIONS.

    In this part:
            (1) Administrator.--The term ``Administrator''' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (2) Coastal state.--The term ``coastal state'' has the 
        meaning given that term by section 304(4) of the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1453(4).
            (3) Committee.--The term ``Committee'' means the 
        Interagency Ocean Mapping Committee established by section 
        5233.
            (4) Exclusive economic zone.--The term ``exclusive economic 
        zone'' means the exclusive economic zone of the United States 
        established by Presidential Proclamation No. 5030, of March 10, 
        1983.
            (5) Ocean and coastal mapping.--The term ``ocean and 
        coastal mapping'' means the acquisition, processing, and 
        management of physical, biological, geological, chemical, and 
        archaeological characteristics and boundaries of ocean and 
        coastal areas, resources, and sea beds through the use of 
        acoustics, satellites, aerial photogrammetry, light and 
        imaging, direct sampling, and other mapping technologies.
            (6) Territorial sea.--The term ``territorial sea'' means 
        the belt of sea measured from the baseline of the United States 
        determined in accordance with international law, as set forth 
        in Presidential Proclamation Number 5928, dated December 27, 
        1988.
            (7) Nongovernmental entities.--The term ``nongovernmental 
        entities'' includes nongovernmental organizations, members of 
        the academic community, and private sector organizations that 
        provide products and services associated with measuring, 
        locating, and preparing maps, charts, surveys, aerial 
        photographs, satellite imagines, or other graphical or digital 
        presentations depicting natural or manmade physical features, 
        phenomena, and legal boundaries of the Earth.
            (8) Outer continental shelf.--The term ``Outer Continental 
        Shelf'' means all submerged lands lying seaward and outside of 
        lands beneath navigable waters (as that term is defined in 
        section 2 of the Submerged Lands Act (43 U.S.C. 1301)), and of 
        which the subsoil and seabed appertain to the United States and 
        are subject to its jurisdiction and control.

   PART IV--NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS ACT OF 2008

SEC. 5241. SHORT TITLE.

    This part may be cited as the ``National Sea Grant College Program 
Amendments Act of 2008''.

SEC. 5242. REFERENCES.

    Except as otherwise expressly provided therein, whenever in this 
part an amendment or repeal is expressed in terms of an amendment to, 
or repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the National 
Sea Grant College Program Act (33 U.S.C. 1121 et seq.).

SEC. 5243. FINDINGS AND PURPOSE.

    (a) Findings.--Section 202(a) (33 U.S.C. 1121(a)) is amended--
            (1) by striking subparagraphs (D) and (E) of paragraph (1) 
        and inserting the following:
                    ``(D) encourage the development of preparation, 
                forecast, analysis, mitigation, response, and recovery 
                systems for coastal hazards;
                    ``(E) understand global environmental processes and 
                their impacts on ocean, coastal, and Great Lakes 
                resources; and'';
            (2) by striking ``program of research, education,'' in 
        paragraph (2) and inserting ``program of integrated research, 
        education, extension,''; and
            (3) by striking paragraph (6) and inserting the following:
            ``(6) The National Oceanic and Atmospheric Administration, 
        through the national sea grant college program, offers the most 
        suitable locus and means for such commitment and engagement 
        through the promotion of activities that will result in greater 
        such understanding, assessment, development, management, 
        utilization, and conservation of ocean, coastal, and Great 
        Lakes resources. The most cost-effective way to promote such 
        activities is through continued and increased Federal support 
        of the establishment, development, and operation of programs 
        and projects by sea grant colleges, sea grant institutes, and 
        other institutions, including strong collaborations between 
        Administration scientists and research and outreach personnel 
        at academic institutions.''.
    (b) Purpose.--Section 202(c) (33 U.S.C. 1121(c)) is amended by 
striking ``to promote research, education, training, and advisory 
service activities'' and inserting ``to promote integrated research, 
education, training, and extension services and activities''.
    (c) Terminology.--Subsections (a) and (b) of section 202 (15 U.S.C. 
1121(a) and (b)) are amended by inserting ``management,'' after 
``development,'' each place it appears.

SEC. 5244. DEFINITIONS.

    (a) In General.--Section 203 (33 U.S.C. 1122) is amended--
            (1) in paragraph (4) by inserting ``management,'' after 
        ``development,'';
            (2) in paragraph (11) by striking ``advisory services'' and 
        inserting ``extension services''; and
            (3) in each of paragraphs (12) and (13) by striking ``(33 
        U.S.C. 1126)''.
    (b) Repeal.--Section 307 of the Act entitled ``An Act to provide 
for the designation of the Flower Garden Banks National Marine 
Sanctuary'' (Public Law 102-251; 106 Stat. 66) is repealed.

SEC. 5245. NATIONAL SEA GRANT COLLEGE PROGRAM.

    (a) Program Elements.--Section 204(b) (33 U.S.C. 1123(b)) is 
amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) sea grant programs that comprise a national sea grant 
        college program network, including international projects 
        conducted within such programs and regional and national 
        projects conducted among such programs;'';
            (2) by amending paragraph (2) to read as follows:
            ``(2) administration of the national sea grant college 
        program and this title by the national sea grant office and the 
        Administration;''; and
            (3) by amending paragraph (4) to read as follows:
            ``(4) any regional or national strategic investments in 
        fields relating to ocean, coastal, and Great Lakes resources 
        developed in consultation with the Board and with the approval 
        of the sea grant colleges and the sea grant institutes.''.
    (b) Technical Correction.--Section 204(c)(2) (33 U.S.C. 1123(c)(2)) 
is amended by striking ``Within 6 months of the date of enactment of 
the National Sea Grant College Program Reauthorization Act of 1998, 
the'' and inserting ``The''.
    (c) Functions of Director of National Sea Grant College Program.--
Section 204(d) (33 U.S.C. 1123(d)) is amended--
            (1) in paragraph (2)(A), by striking ``long range'';
            (2) in paragraph (3)(A)--
                    (A) by striking ``(A)(i) evaluate'' and inserting 
                ``(A) evaluate and assess'';
                    (B) by striking ``activities; and'' and inserting 
                ``activities;''; and
                    (C) by striking clause (ii); and
            (3) in paragraph (3)(B)--
                    (A) by redesignating clauses (ii) through (iv) as 
                clauses (iii) through (v), respectively, and by 
                inserting after clause (i) the following:
                            ``(ii) encourage collaborations among sea 
                        grant colleges and sea grant institutes to 
                        address regional and national priorities 
                        established under subsection (c)(1);'';
                    (B) in clause (iii) (as so redesignated) by 
                striking ``encourage'' and inserting ``ensure'';
                    (C) in clause (iv) (as so redesignated) by striking 
                ``and'' after the semicolon;
                    (D) by inserting after clause (v) (as so 
                redesignated) the following:
                    ``(vi) encourage cooperation with Minority Serving 
                Institutions to enhance collaborative research 
                opportunities and increase the number of such students 
                graduating in NOAA science areas; and''.

SEC. 5246. PROGRAM OR PROJECT GRANTS AND CONTRACTS.

    Section 205 (33 U.S.C. 1124) is amended--
            (1) by striking ``204(c)(4)(F).'' in subsection (a) and 
        inserting ``204(c)(4)(F) or that are appropriated under section 
        208(b).''; and
            (2) by striking the matter following paragraph (3) in 
        subsection (b) and inserting the following:
    ``The total amount that may be provided for grants under this 
subsection during any fiscal year shall not exceed an amount equal to 5 
percent of the total funds appropriated for such year under section 
212.''.

SEC. 5247. EXTENSION SERVICES BY SEA GRANT COLLEGES AND SEA GRANT 
              INSTITUTES.

    Section 207(a) (33 U.S.C. 1126(a)) is amended in each of paragraphs 
(2)(B) and (3)(B) by striking ``advisory services'' and inserting 
``extension services''.

SEC. 5248. FELLOWSHIPS.

    Section 208(a) (33 U.S.C. 1127) is amended--
            (1) by striking ``Not later than 1 year after the date of 
        the enactment of the National Sea Grant College Program Act 
        Amendments of 2002, and every 2 years thereafter,'' in 
        subsection (a) and inserting ``Every 2 years,''; and
            (2) by adding at the end the following:
    ``(c) Restriction on Use of Funds.--Amounts available for 
fellowships under this section, including amounts accepted under 
section 204(c)(4)(F) or appropriated under section 212 to implement 
this section, shall be used only for award of such fellowships and 
administrative costs of implementing this section.''

SEC. 5249. NATIONAL SEA GRANT ADVISORY BOARD.

    (a) Redesignation of Sea Grant Review Panel as Board.--
            (1) Redesignation.--The sea grant review panel established 
        by section 209 of the National Sea Grant College Program Act 
        (33 U.S.C. 1128), as in effect before the date of the enactment 
        of this Act, is redesignated as the National Sea Grant Advisory 
        Board.
            (2) Membership not affected.--An individual serving as a 
        member of the sea grant review panel immediately before date of 
        the enactment of this Act may continue to serve as a member of 
        the National Sea Grant Advisory Board until the expiration of 
        such member's term under section 209(c) of such Act (33 U.S.C. 
        1128(c)).
            (3) References.--Any reference in a law, map, regulation, 
        document, paper, or other record of the United States to such 
        sea grant review panel is deemed to be a reference to the 
        National Sea Grant Advisory Board.
            (4) Conforming amendments.--
                    (A) In general.--Section 209 (33 U.S.C. 1128) is 
                amended by striking so much as precedes subsection (b) 
                and inserting the following:

``SEC. 209. NATIONAL SEA GRANT ADVISORY BOARD.

    ``(a) Establishment.--There shall be an independent committee to be 
known as the National Sea Grant Advisory Board.''.
                    (B) Definition.--Section 203(9) (33 U.S.C. 1122(9)) 
                is amended to read as follows:
            ``(9) The term `Board' means the National Sea Grant 
        Advisory Board established under section 209.'';
                    (C) Other provisions.--The following provisions are 
                each amended by striking ``panel'' each place it 
                appears and inserting ``Board'':
                            (i) Section 204 (33 U.S.C. 1123).
                            (ii) Section 207 (33 U.S.C. 1126).
                            (iii) Section 209 (33 U.S.C. 1128).
    (b) Duties.--Section 209(b) (33 U.S.C. 1128(b)) is amended to read 
as follows:
    ``(b) Duties.--
            ``(1) In general.--The Board shall advise the Secretary and 
        the Director concerning--
                    ``(A) strategies for utilizing the sea grant 
                college program to address the Nation's highest 
                priorities regarding the understanding, assessment, 
                development, management, utilization, and conservation 
                of ocean, coastal, and Great Lakes resources;
                    ``(B) the designation of sea grant colleges and sea 
                grant institutes; and
                    ``(C) such other matters as the Secretary refers to 
                the Board for review and advice.
            ``(2) Biennial report.--The Board shall report to the 
        Congress every two years on the state of the national sea grant 
        college program. The Board shall indicate in each such report 
        the progress made toward meeting the priorities identified in 
        the strategic plan in effect under section 204(c). The 
        Secretary shall make available to the Board such information, 
        personnel, and administrative services and assistance as it may 
        reasonably require to carry out its duties under this title.''.
    (c) Membership, Terms, and Powers.--Section 209(c)(1) (33 U.S.C. 
1128(c)(1)) is amended--
            (1) by inserting ``coastal management,'' after ``resource 
        management,''; and
            (2) by inserting ``management,'' after ``development,''.
    (d) Extension of Term.--Section 209(c)(3) (33 U.S.C. 1128(c)(3)) is 
amended by striking the second sentence and inserting the following: 
``The Director may extend the term of office of a voting member of the 
Board once by up to 1 year.''.
    (e) Establishment of Subcommittees.--Section 209(c) (33 U.S.C. 
1128(c)) is amended by adding at the end the following:
    ``(8) The Board may establish such subcommittees as are reasonably 
necessary to carry out its duties under subsection (b). Such 
subcommittees may include individuals who are not Board members.''.

SEC. 5250. AUTHORIZATION OF APPROPRIATIONS.

    Section 212 of the National Sea Grant College Program Act (33 
U.S.C. 1131) is amended--
            (1) by striking subsection (a)(1) and inserting the 
        following: ``
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary to carry out this title--
            ``(A) $72,000,000 for fiscal year 2009;
            ``(B) $75,600,000 for fiscal year 2010;
            ``(C) $79,380,000 for fiscal year 2011;
            ``(D) $83,350,000 for fiscal year 2012;
            ``(E) $87,520,000 for fiscal year 2013; and
            ``(F) $91,900,000 for fiscal year 2014.'';
            (2) in subsection (a)(2)--
                    (A) by striking ``fiscal years 2003 through 2008--
                '' and inserting ``fiscal years 2009 through 2014--'';
                    (B) by striking ``biology and control of zebra 
                mussels and other important aquatic'' in subparagraph 
                (A) and inserting ``biology, prevention, and control of 
                aquatic''; and
                    (C) by striking ``blooms, including Pfiesteria 
                piscicida; and'' in subparagraph (C) and inserting 
                ``blooms; and'';
            (3) in subsection (c)(1) by striking ``rating under section 
        204(d)(3)(A)'' and inserting ``performance assessments''; and
            (4) by striking subsection (c)(2) and inserting the 
        following:
    ``(2) regional or national strategic investments authorized under 
section 204(b)(4);''.

  PART V--INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM ACT OF 2008

SEC. 5261. SHORT TITLE.

    This part may be cited as the ``Integrated Coastal and Ocean 
Observation System Act of 2008''.

SEC. 5262. PURPOSES.

    The purposes of this part are to--
            (1) establish a national integrated System of ocean, 
        coastal, and Great Lakes observing systems, comprised of 
        Federal and non-Federal components coordinated at the national 
        level by the National Ocean Research Leadership Council and at 
        the regional level by a network of regional information 
        coordination entities, and that includes in situ, remote, and 
        other coastal and ocean observation, technologies, and data 
        management and communication systems, and is designed to 
        address regional and national needs for ocean information, to 
        gather specific data on key coastal, ocean, and Great Lakes 
        variables, and to ensure timely and sustained dissemination and 
        availability of these data to--
                    (A) support national defense, marine commerce, 
                navigation safety, weather, climate, and marine 
                forecasting, energy siting and production, economic 
                development, ecosystem-based marine, coastal, and Great 
                Lakes resource management, public safety, and public 
                outreach training and education;
                    (B) promote greater public awareness and 
                stewardship of the Nation's ocean, coastal, and Great 
                Lakes resources and the general public welfare; and
                    (C) enable advances in scientific understanding to 
                support the sustainable use, conservation, management, 
                and understanding of healthy ocean, coastal, and Great 
                Lakes resources;
            (2) improve the Nation's capability to measure, track, 
        explain, and predict events related directly and indirectly to 
        weather and climate change, natural climate variability, and 
        interactions between the oceanic and atmospheric environments, 
        including the Great Lakes; and
            (3) authorize activities to promote basic and applied 
        research to develop, test, and deploy innovations and 
        improvements in coastal and ocean observation technologies, 
        modeling systems, and other scientific and technological 
        capabilities to improve our conceptual understanding of weather 
        and climate, ocean-atmosphere dynamics, global climate change, 
        physical, chemical, and biological dynamics of the ocean, 
        coastal and Great Lakes environments, and to conserve healthy 
        and restore degraded coastal ecosystems.

SEC. 5263. DEFINITIONS.

    In this part:
            (1) Administrator.--The term ``Administrator'' means the 
        Under Secretary of Commerce for Oceans and Atmosphere in the 
        Under Secretary's capacity as Administrator of the National 
        Oceanic and Atmospheric Administration.
            (2) Council.--The term ``Council'' means the National Ocean 
        Research Leadership Council established by section 7902 of 
        title 10, United States Code.
            (3) Federal assets.--The term ``Federal assets'' means all 
        relevant non-classified civilian coastal and ocean 
        observations, technologies, and related modeling, research, 
        data management, basic and applied technology research and 
        development, and public education and outreach programs, that 
        are managed by member agencies of the Council.
            (4) Interagency ocean observation committee.--The term 
        ``Interagency Ocean Observation Committee'' means the committee 
        established under section 5264(c)(2).
            (5) Non-federal assets.--The term ``non-Federal assets'' 
        means all relevant coastal and ocean observation technologies, 
        related basic and applied technology research and development, 
        and public education and outreach programs that are integrated 
        into the System and are managed through States, regional 
        organizations, universities, nongovernmental organizations, or 
        the private sector.
            (6) Regional information coordination entities.--
                    (A) In general.--The term ``regional information 
                coordination entity'' means an organizational body that 
                is certified or established by contract or memorandum 
                by the lead Federal agency designated in section 
                5264(c)(3) of this part and coordinates State, Federal, 
                local, and private interests at a regional level with 
                the responsibility of engaging the private and public 
                sectors in designing, operating, and improving regional 
                coastal and ocean observing systems in order to ensure 
                the provision of data and information that meet the 
                needs of user groups from the respective regions.
                    (B) Certain included associations.--The term 
                ``regional information coordination entity'' includes 
                regional associations described in the System Plan.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the National Oceanic and 
        Atmospheric Administration.
            (8) System.--The term ``System'' means the National 
        Integrated Coastal and Ocean Observation System established 
        under section 5264.
            (9) System plan.--The term ``System Plan'' means the plan 
        contained in the document entitled ``Ocean.US Publication No. 
        9, The First Integrated Ocean Observing System (IOOS) 
        Development Plan'', as updated by the Council under this part.

SEC. 5264. INTEGRATED COASTAL AND OCEAN OBSERVING SYSTEM.

    (a) Establishment.--The President, acting through the Council, 
shall establish a National Integrated Coastal and Ocean Observation 
System to fulfill the purposes set forth in section 5262 of this part 
and the System Plan and to fulfill the Nation's international 
obligations to contribute to the Global Earth Observation System of 
Systems and the Global Ocean Observing System.
    (b) System Elements.--
            (1) In general.--In order to fulfill the purposes of this 
        part, the System shall be national in scope and consist of--
                    (A) Federal assets to fulfill national and 
                international observation missions and priorities;
                    (B) non-Federal assets, including a network of 
                regional information coordination entities identified 
                under subsection (c)(4), to fulfill regional 
                observation missions and priorities;
                    (C) data management, communication, and modeling 
                systems for the timely integration and dissemination of 
                data and information products from the System;
                    (D) a research and development program conducted 
                under the guidance of the Council, consisting of--
                            (i) basic and applied research and 
                        technology development to improve understanding 
                        of coastal and ocean systems and their 
                        relationships to human activities and to ensure 
                        improvement of operational assets and products, 
                        including related infrastructure, observing 
                        technologies, and information and data 
                        processing and management technologies; and
                            (ii) large scale computing resources and 
                        research to advance modeling of coastal and 
                        ocean processes.
            (2) Enhancing administration and management.--The head of 
        each Federal agency that has administrative jurisdiction over a 
        Federal asset shall support the purposes of this part and may 
        take appropriate actions to enhance internal agency 
        administration and management to better support, integrate, 
        finance, and utilize observation data, products, and services 
        developed under this section to further its own agency mission 
        and responsibilities.
            (3) Availability of data.--The head of each Federal agency 
        that has administrative jurisdiction over a Federal asset shall 
        make available data that are produced by that asset and that 
        are not otherwise restricted for integration, management, and 
        dissemination by the System.
            (4) Non-federal assets.--Non-Federal assets shall be 
        coordinated, as appropriate, by the Interagency Ocean Observing 
        Committee or by regional information coordination entities.
    (c) Policy Oversight, Administration, and Regional Coordination.--
            (1) Council functions.--The Council shall serve as the 
        policy and coordination oversight body for all aspects of the 
        System. In carrying out its responsibilities under this part, 
        the Council shall--
                    (A) approve and adopt comprehensive System budgets 
                developed and maintained by the Interagency Ocean 
                Observation Committee to support System operations, 
                including operations of both Federal and non-Federal 
                assets;
                    (B) ensure coordination of the System with other 
                domestic and international earth observing activities 
                including the Global Ocean Observing System and the 
                Global Earth Observing System of Systems, and provide, 
                as appropriate, support for and representation on 
                United States delegations to international meetings on 
                coastal and ocean observing programs; and
                    (C) encourage coordinated intramural and extramural 
                research and technology development, and a process to 
                transition developing technology and methods into 
                operations of the System.
            (2) Interagency ocean observation committee.--The Council 
        shall establish or designate an Interagency Ocean Observation 
        Committee which shall--
                    (A) prepare annual and long-term plans for 
                consideration and approval by the Council for the 
                integrated design, operation, maintenance, enhancement 
                and expansion of the System to meet the objectives of 
                this part and the System Plan;
                    (B) develop and transmit to Congress at the time of 
                submission of the President's annual budget request an 
                annual coordinated, comprehensive budget to operate all 
                elements of the System identified in subsection (b), 
                and to ensure continuity of data streams from Federal 
                and non-Federal assets;
                    (C) establish required observation data variables 
                to be gathered by both Federal and non-Federal assets 
                and identify, in consultation with regional information 
                coordination entities, priorities for System 
                observations;
                    (D) establish protocols and standards for System 
                data processing, management, and communication;
                    (E) develop contract certification standards and 
                compliance procedures for all non-Federal assets, 
                including regional information coordination entities, 
                to establish eligibility for integration into the 
                System and to ensure compliance with all applicable 
                standards and protocols established by the Council, and 
                ensure that regional observations are integrated into 
                the System on a sustained basis;
                    (F) identify gaps in observation coverage or needs 
                for capital improvements of both Federal assets and 
                non-Federal assets;
                    (G) subject to the availability of appropriations, 
                establish through one or more participating Federal 
                agencies, in consultation with the System advisory 
                committee established under subsection (d), a 
                competitive matching grant or other programs--
                            (i) to promote intramural and extramural 
                        research and development of new, innovative, 
                        and emerging observation technologies including 
                        testing and field trials; and
                            (ii) to facilitate the migration of new, 
                        innovative, and emerging scientific and 
                        technological advances from research and 
                        development to operational deployment;
                    (H) periodically review and recommend to the 
                Council, in consultation with the Administrator, 
                revisions to the System Plan;
                    (I) ensure collaboration among Federal agencies 
                participating in the activities of the Committee; and
                    (J) perform such additional duties as the Council 
                may delegate.
            (3) Lead federal agency.--The National Oceanic and 
        Atmospheric Administration shall function as the lead Federal 
        agency for the implementation and administration of the System, 
        in consultation with the Council, the Interagency Ocean 
        Observation Committee, other Federal agencies that maintain 
        portions of the System, and the regional information 
        coordination entities, and shall--
                    (A) establish an Integrated Ocean Observing Program 
                Office within the National Oceanic and Atmospheric 
                Administration utilizing to the extent necessary, 
                personnel from member agencies participating on the 
                Interagency Ocean Observation Committee, to oversee 
                daily operations and coordination of the System;
                    (B) implement policies, protocols, and standards 
                approved by the Council and delegated by the 
                Interagency Ocean Observing Committee;
                    (C) promulgate program guidelines to certify and 
                integrate non-Federal assets, including regional 
                information coordination entities, into the System to 
                provide regional coastal and ocean observation data 
                that meet the needs of user groups from the respective 
                regions;
                    (D) have the authority to enter into and oversee 
                contracts, leases, grants or cooperative agreements 
                with non-Federal assets, including regional information 
                coordination entities, to support the purposes of this 
                part on such terms as the Administrator deems 
                appropriate;
                    (E) implement a merit-based, competitive funding 
                process to support non-Federal assets, including the 
                development and maintenance of a network of regional 
                information coordination entities, and develop and 
                implement a process for the periodic review and 
                evaluation of all non-Federal assets, including 
                regional information coordination entities;
                    (F) provide opportunities for competitive contracts 
                and grants for demonstration projects to design, 
                develop, integrate, deploy, and support components of 
                the System;
                    (G) establish efficient and effective 
                administrative procedures for allocation of funds among 
                contractors, grantees, and non-Federal assets, 
                including regional information coordination entities in 
                a timely manner, and contingent on appropriations 
                according to the budget adopted by the Council;
                    (H) develop and implement a process for the 
                periodic review and evaluation of regional information 
                coordination entities;
                    (I) formulate an annual process by which gaps in 
                observation coverage or needs for capital improvements 
                of Federal assets and non-Federal assets of the System 
                are identified by the regional information coordination 
                entities, the Administrator, or other members of the 
                System and transmitted to the Interagency Ocean 
                Observing Committee;
                    (J) develop and be responsible for a data 
                management and communication system, in accordance with 
                standards and protocols established by the Council, by 
                which all data collected by the System regarding ocean 
                and coastal waters of the United States including the 
                Great Lakes, are processed, stored, integrated, and 
                made available to all end-user communities;
                    (K) implement a program of public education and 
                outreach to improve public awareness of global climate 
                change and effects on the ocean, coastal, and Great 
                Lakes environment;
                    (L) report annually to the Interagency Ocean 
                Observing Committee on the accomplishments, operational 
                needs, and performance of the System to contribute to 
                the annual and long-term plans developed pursuant to 
                subsection (c)(2)(A)(i); and
                    (M) develop a plan to efficiently integrate into 
                the System new, innovative, or emerging technologies 
                that have been demonstrated to be useful to the System 
                and which will fulfill the purposes of this part and 
                the System Plan.
            (4) Regional information coordination entities.--
                    (A) In general.--To be certified or established 
                under this part, a regional information coordination 
                entity shall be certified or established by contract or 
                agreement by the Administrator, and shall agree to meet 
                the certification standards and compliance procedure 
                guidelines issued by the Administrator and information 
                needs of user groups in the region while adhering to 
                national standards and shall--
                            (i) demonstrate an organizational structure 
                        capable of gathering required System 
                        observation data, supporting and integrating 
                        all aspects of coastal and ocean observing and 
                        information programs within a region and that 
                        reflects the needs of State and local 
                        governments, commercial interests, and other 
                        users and beneficiaries of the System and other 
                        requirements specified under this part and the 
                        System Plan;
                            (ii) identify gaps in observation coverage 
                        needs for capital improvements of Federal 
                        assets and non-Federal assets of the System, or 
                        other recommendations to assist in the 
                        development of the annual and long-term plans 
                        created pursuant to subsection (c)(2)(A)(i) and 
                        transmit such information to the Interagency 
                        Ocean Observing Committee via the Program 
                        Office;
                            (iii) develop and operate under a strategic 
                        operational plan that will ensure the efficient 
                        and effective administration of programs and 
                        assets to support daily data observations for 
                        integration into the System, pursuant to the 
                        standards approved by the Council;
                            (iv) work cooperatively with governmental 
                        and non-governmental entities at all levels to 
                        identify and provide information products of 
                        the System for multiple users within the 
                        service area of the regional information 
                        coordination entities; and
                            (v) comply with all financial oversight 
                        requirements established by the Administrator, 
                        including requirements relating to audits.
                    (B) Participation.--For the purposes of this part, 
                employees of Federal agencies may participate in the 
                functions of the regional information coordination 
                entities.
    (d) System Advisory Committee.--
            (1) In general.--The Administrator shall establish or 
        designate a System advisory committee, which shall provide 
        advice as may be requested by the Administrator or the 
        Interagency Ocean Observing Committee.
            (2) Purpose.--The purpose of the System advisory committee 
        is to advise the Administrator and the Interagency Ocean 
        Observing Committee on--
                    (A) administration, operation, management, and 
                maintenance of the System, including integration of 
                Federal and non-Federal assets and data management and 
                communication aspects of the System, and fulfillment of 
                the purposes set forth in section 5262;
                    (B) expansion and periodic modernization and 
                upgrade of technology components of the System;
                    (C) identification of end-user communities, their 
                needs for information provided by the System, and the 
                System's effectiveness in disseminating information to 
                end-user communities and the general public; and
                    (D) any other purpose identified by the 
                Administrator or the Interagency Ocean Observing 
                Committee.
            (3) Members.--
                    (A) In general.--The System advisory committee 
                shall be composed of members appointed by the 
                Administrator. Members shall be qualified by education, 
                training, and experience to evaluate scientific and 
                technical information related to the design, operation, 
                maintenance, or use of the System, or use of data 
                products provided through the System.
                    (B) Terms of service.--Members shall be appointed 
                for 3-year terms, renewable once. A vacancy appointment 
                shall be for the remainder of the unexpired term of the 
                vacancy, and an individual so appointed may 
                subsequently be appointed for 2 full 3-year terms if 
                the remainder of the unexpired term is less than 1 
                year.
                    (C) Chairperson.--The Administrator shall designate 
                a chairperson from among the members of the System 
                advisory committee.
                    (D) Appointment.--Members of the System advisory 
                committee shall be appointed as special Government 
                employees for purposes of section 202(a) of title 18, 
                United States Code.
            (4) Administrative provisions.--
                    (A) Reporting.--The System advisory committee shall 
                report to the Administrator and the Interagency Ocean 
                Observing Committee, as appropriate.
                    (B) Administrative support.--The Administrator 
                shall provide administrative support to the System 
                advisory committee.
                    (C) Meetings.--The System advisory committee shall 
                meet at least once each year, and at other times at the 
                call of the Administrator, the Interagency Ocean 
                Observing Committee, or the chairperson.
                    (D) Compensation and expenses.--Members of the 
                System advisory committee shall not be compensated for 
                service on that Committee, but may be allowed travel 
                expenses, including per diem in lieu of subsistence, in 
                accordance with subchapter I of chapter 57 of title 5, 
                United States Code.
                    (E) Expiration.--Section 14 of the Federal Advisory 
                Committee Act (5 U.S.C. App.) shall not apply to the 
                System advisory committee.
    (e) Civil Liability.--For purposes of determining liability arising 
from the dissemination and use of observation data gathered pursuant to 
this section, any non-Federal asset or regional information 
coordination entity incorporated into the System by contract, lease, 
grant, or cooperative agreement under subsection (c)(3)(D) that is 
participating in the System shall be considered to be part of the 
National Oceanic and Atmospheric Administration. Any employee of such a 
non-Federal asset or regional information coordination entity, while 
operating within the scope of his or her employment in carrying out the 
purposes of this part, with respect to tort liability, is deemed to be 
an employee of the Federal Government.
    (f) Limitation.--Nothing in this part shall be construed to 
invalidate existing certifications, contracts, or agreements between 
regional information coordination entities and other elements of the 
System.

SEC. 5265. INTERAGENCY FINANCING AND AGREEMENTS.

    (a) In General.--To carry out interagency activities under this 
part, the Secretary of Commerce may execute cooperative agreements, or 
any other agreements, with, and receive and expend funds made available 
by, any State or subdivision thereof, any Federal agency, or any public 
or private organization, or individual.
    (b) Reciprocity.--Member Departments and agencies of the Council 
shall have the authority to create, support, and maintain joint 
centers, and to enter into and perform such contracts, leases, grants, 
and cooperative agreements as may be necessary to carry out the 
purposes of this part and fulfillment of the System Plan.

SEC. 5266. APPLICATION WITH OTHER LAWS.

    Nothing in this part supersedes or limits the authority of any 
agency to carry out its responsibilities and missions under other laws.

SEC. 5267. REPORT TO CONGRESS.

    (a) Requirement.--Not later than 2 years after the date of the 
enactment of this Act and every 2 years thereafter, the Administrator 
shall prepare and the President acting through the Council shall 
approve and transmit to the Congress a report on progress made in 
implementing this part.
    (b) Contents.--The report shall include--
            (1) a description of activities carried out under this part 
        and the System Plan;
            (2) an evaluation of the effectiveness of the System, 
        including an evaluation of progress made by the Council to 
        achieve the goals identified under the System Plan;
            (3) identification of Federal and non-Federal assets as 
        determined by the Council that have been integrated into the 
        System, including assets essential to the gathering of required 
        observation data variables necessary to meet the respective 
        missions of Council agencies;
            (4) a review of procurements, planned or initiated, by each 
        Council agency to enhance, expand, or modernize the observation 
        capabilities and data products provided by the System, 
        including data management and communication subsystems;
            (5) an assessment regarding activities to integrate Federal 
        and non-Federal assets, nationally and on the regional level, 
        and discussion of the performance and effectiveness of regional 
        information coordination entities to coordinate regional 
        observation operations;
            (6) a description of benefits of the program to users of 
        data products resulting from the System (including the general 
        public, industries, scientists, resource managers, emergency 
        responders, policy makers, and educators);
            (7) recommendations concerning--
                    (A) modifications to the System; and
                    (B) funding levels for the System in subsequent 
                fiscal years; and
            (8) the results of a periodic external independent 
        programmatic audit of the System.

SEC. 5268. PUBLIC-PRIVATE USE POLICY.

    The Council shall develop a policy within 6 months after the date 
of the enactment of this Act that defines processes for making 
decisions about the roles of the Federal Government, the States, 
regional information coordination entities, the academic community, and 
the private sector in providing to end-user communities environmental 
information, products, technologies, and services related to the 
System. The Council shall publish the policy in the Federal Register 
for public comment for a period not less than 60 days. Nothing in this 
section shall be construed to require changes in policy in effect on 
the date of enactment of this Act.

SEC. 5269. INDEPENDENT COST ESTIMATE.

    Within 1 year after the date of enactment of this Act, the 
Interagency Ocean Observation Committee, through the Administrator and 
the Director of the National Science Foundation, shall obtain an 
independent cost estimate for operations and maintenance of existing 
Federal assets of the System, and planned or anticipated acquisition, 
operation, and maintenance of new Federal assets for the System, 
including operation facilities, observation equipment, modeling and 
software, data management and communication, and other essential 
components. The independent cost estimate shall be transmitted 
unabridged and without revision by the Administrator to Congress.

SEC. 5270. INTENT OF CONGRESS.

    It is the intent of Congress that funding provided to agencies of 
the Council to implement this part shall supplement, and not replace, 
existing sources of funding for other programs. It is the further 
intent of Congress that agencies of the Council shall not enter into 
contracts or agreements for the development or procurement of new 
Federal assets for the System that are estimated to be in excess of 
$250,000,000 in life-cycle costs without first providing adequate 
notice to Congress and opportunity for review and comment.

SEC. 5271. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Commerce for fiscal years 2009 through 2013 such sums as are necessary 
to fulfill the purposes of this part and support activities identified 
in the annual coordinated System budget developed by the Interagency 
Ocean Observation Committee and submitted to the Congress.

  PART VI--FEDERAL OCEAN ACIDIFICATION RESEARCH AND MONITORING ACT OF 
                                  2008

SEC. 5281. SHORT TITLE.

    This part may be cited as the ``Federal Ocean Acidification 
Research And Monitoring Act of 2008'' or the ``FOARAM Act''.

SEC. 5282. PURPOSES.

    (a) Purposes.--The purposes of this part are to provide for--
            (1) development and coordination of a comprehensive 
        interagency plan to--
                    (A) monitor and conduct research on the processes 
                and consequences of ocean acidification on marine 
                organisms and ecosystems; and
                    (B) establish an interagency research and 
                monitoring program on ocean acidification;
            (2) establishment of an ocean acidification program within 
        the National Oceanic and Atmospheric Administration;
            (3) assessment and consideration of regional and national 
        ecosystem and socioeconomic impacts of increased ocean 
        acidification; and
            (4) research adaptation strategies and techniques for 
        effectively conserving marine ecosystems as they cope with 
        increased ocean acidification.

SEC. 5283. DEFINITIONS.

    In this part:
            (1) Ocean acidification.--The term ``ocean acidification'' 
        means the decrease in pH of the Earth's oceans and changes in 
        ocean chemistry caused by chemical inputs from the atmosphere, 
        including carbon dioxide.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the Administrator of the National 
        Oceanic and Atmospheric Administration.
            (3) Subcommittee.--The term ``Subcommittee'' means the 
        Joint Subcommittee on Ocean Science and Technology of the 
        National Science and Technology Council.

SEC. 5284. INTERAGENCY SUBCOMMITTEE.

    (a) Designation.--
            (1) In general.--The Joint Subcommittee on Ocean Science 
        and Technology of the National Science and Technology Council 
        shall coordinate Federal activities on ocean acidification and 
        establish an interagency working group.
            (2) Membership.--The interagency working group on ocean 
        acidification shall be comprised of senior representatives from 
        the National Oceanic and Atmospheric Administration, the 
        National Science Foundation, the National Aeronautics and Space 
        Administration, the United States Geological Survey, the United 
        States Fish and Wildlife Service, and such other Federal 
        agencies as appropriate.
            (3) Chairman.--The interagency working group shall be 
        chaired by the representative from the National Oceanic and 
        Atmospheric Administration.
    (b) Duties.--The Subcommittee shall--
            (1) develop the strategic research and monitoring plan to 
        guide Federal research on ocean acidification required under 
        section 5285 of this part and oversee the implementation of the 
        plan;
            (2) oversee the development of--
                    (A) an assessment of the potential impacts of ocean 
                acidification on marine organisms and marine 
                ecosystems; and
                    (B) adaptation and mitigation strategies to 
                conserve marine organisms and ecosystems exposed to 
                ocean acidification;
            (3) facilitate communication and outreach opportunities 
        with nongovernmental organizations and members of the 
        stakeholder community with interests in marine resources;
            (4) coordinate the United States Federal research and 
        monitoring program with research and monitoring programs and 
        scientists from other nations; and
            (5) establish or designate an Ocean Acidification 
        Information Exchange to make information on ocean acidification 
        developed through or utilized by the interagency ocean 
        acidification program accessible through electronic means, 
        including information which would be useful to policymakers, 
        researchers, and other stakeholders in mitigating or adapting 
        to the impacts of ocean acidification.
    (c) Reports to Congress.--
            (1) Initial report.--Not later than 1 year after the date 
        of enactment of this Act, the Subcommittee shall transmit a 
        report to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Science and 
        Technology and the Committee on Natural Resources of the House 
        of Representatives that--
                    (A) includes a summary of federally funded ocean 
                acidification research and monitoring activities, 
                including the budget for each of these activities; and
                    (B) describes the progress in developing the plan 
                required under section 5285 of this part.
            (2) Biennial report.--Not later than 2 years after the 
        delivery of the initial report under paragraph (1) and every 2 
        years thereafter, the Subcommittee shall transmit a report to 
        the Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Science and Technology and the 
        Committee on Natural Resources of the House of Representatives 
        that includes--
                    (A) a summary of federally funded ocean 
                acidification research and monitoring activities, 
                including the budget for each of these activities; and
                    (B) an analysis of the progress made toward 
                achieving the goals and priorities for the interagency 
                research plan developed by the Subcommittee under 
                section 5285.
            (3) Strategic research plan.--Not later than 2 years after 
        the date of enactment of this Act, the Subcommittee shall 
        transmit the strategic research plan developed under section 
        5285 to the Committee on Commerce, Science, and Transportation 
        of the Senate and the Committee on Science and Technology and 
        the Committee on Natural Resources of the House of 
        Representatives. A revised plan shall be submitted at least 
        once every 5 years thereafter.

SEC. 5285. STRATEGIC RESEARCH PLAN.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Subcommittee shall develop a strategic plan for 
Federal research and monitoring on ocean acidification that will 
provide for an assessment of the impacts of ocean acidification on 
marine organisms and marine ecosystems and the development of 
adaptation and mitigation strategies to conserve marine organisms and 
marine ecosystems. In developing the plan, the Subcommittee shall 
consider and use information, reports, and studies of ocean 
acidification that have identified research and monitoring needed to 
better understand ocean acidification and its potential impacts, and 
recommendations made by the National Academy of Sciences in the review 
of the plan required under subsection (d).
    (b) Contents of the Plan.--The plan shall--
            (1) provide for interdisciplinary research among the ocean 
        sciences, and coordinated research and activities to improve 
        the understanding of ocean chemistry that will affect marine 
        ecosystems;
            (2) establish, for the 10-year period beginning in the year 
        the plan is submitted, the goals and priorities for Federal 
        research and monitoring which will--
                    (A) advance understanding of ocean acidification 
                and its physical, chemical, and biological impacts on 
                marine organisms and marine ecosystems;
                    (B) improve the ability to assess the socioeconomic 
                impacts of ocean acidification; and
                    (C) provide information for the development of 
                adaptation and mitigation strategies to conserve marine 
                organisms and marine ecosystems;
            (3) describe specific activities, including--
                    (A) efforts to determine user needs;
                    (B) research activities;
                    (C) monitoring activities;
                    (D) technology and methods development;
                    (E) data collection;
                    (F) database development;
                    (G) modeling activities;
                    (H) assessment of ocean acidification impacts; and
                    (I) participation in international research 
                efforts;
            (4) identify relevant programs and activities of the 
        Federal agencies that contribute to the interagency program 
        directly and indirectly and set forth the role of each Federal 
        agency in implementing the plan;
            (5) consider and utilize, as appropriate, reports and 
        studies conducted by Federal agencies, the National Research 
        Council, or other entities;
            (6) make recommendations for the coordination of the ocean 
        acidification research and monitoring activities of the United 
        States with such activities of other nations and international 
        organizations;
            (7) outline budget requirements for Federal ocean 
        acidification research and monitoring and assessment activities 
        to be conducted by each agency under the plan;
            (8) identify the monitoring systems and sampling programs 
        currently employed in collecting data relevant to ocean 
        acidification and prioritize additional monitoring systems that 
        may be needed to ensure adequate data collection and monitoring 
        of ocean acidification and its impacts; and
            (9) describe specific activities designed to facilitate 
        outreach and data and information exchange with stakeholder 
        communities.
    (c) Program Elements.--The plan shall include at a minimum the 
following program elements:
            (1) Monitoring of ocean chemistry and biological impacts 
        associated with ocean acidification at selected coastal and 
        open-ocean monitoring stations, including satellite-based 
        monitoring to characterize--
                    (A) marine ecosystems;
                    (B) changes in marine productivity; and
                    (C) changes in surface ocean chemistry.
            (2) Research to understand the species specific 
        physiological responses of marine organisms to ocean 
        acidification, impacts on marine food webs of ocean 
        acidification, and to develop environmental and ecological 
        indices that track marine ecosystem responses to ocean 
        acidification.
            (3) Modeling to predict changes in the ocean carbon cycle 
        as a function of carbon dioxide and atmosphere-induced changes 
        in temperature, ocean circulation, biogeochemistry, ecosystem 
        and terrestrial input, and modeling to determine impacts on 
        marine ecosystems and individual marine organisms.
            (4) Technology development and standardization of carbonate 
        chemistry measurements on moorings and autonomous floats.
            (5) Assessment of socioeconomic impacts of ocean 
        acidification and development of adaptation and mitigation 
        strategies to conserve marine organisms and marine ecosystems.
    (d) National Academy of Sciences Evaluation.--The Secretary shall 
enter into an agreement with the National Academy of Sciences to review 
the plan.
    (e) Public Participation.--In developing the plan, the Subcommittee 
shall consult with representatives of academic, State, industry and 
environmental groups. Not later than 90 days before the plan, or any 
revision thereof, is submitted to the Congress, the plan shall be 
published in the Federal Register for a public comment period of not 
less than 60 days.

SEC. 5286. NOAA OCEAN ACIDIFICATION ACTIVITIES.

    (a) In General.--The Secretary shall establish and maintain an 
ocean acidification program within the National Oceanic and Atmospheric 
Administration to conduct research, monitoring, and other activities 
consistent with the strategic research and implementation plan 
developed by the Subcommittee under section 5285 that--
            (1) includes--
                    (A) interdisciplinary research among the ocean and 
                atmospheric sciences, and coordinated research and 
                activities to improve understanding of ocean 
                acidification;
                    (B) the establishment of a long-term monitoring 
                program of ocean acidification utilizing existing 
                global and national ocean observing assets, and adding 
                instrumentation and sampling stations as appropriate to 
                the aims of the research program;
                    (C) research to identify and develop adaptation 
                strategies and techniques for effectively conserving 
                marine ecosystems as they cope with increased ocean 
                acidification;
                    (D) as an integral part of the research programs 
                described in this part, educational opportunities that 
                encourage an interdisciplinary and international 
                approach to exploring the impacts of ocean 
                acidification;
                    (E) as an integral part of the research programs 
                described in this part, national public outreach 
                activities to improve the understanding of current 
                scientific knowledge of ocean acidification and its 
                impacts on marine resources; and
                    (F) coordination of ocean acidification monitoring 
                and impacts research with other appropriate 
                international ocean science bodies such as the 
                International Oceanographic Commission, the 
                International Council for the Exploration of the Sea, 
                the North Pacific Marine Science Organization, and 
                others;
            (2) provides grants for critical research projects that 
        explore the effects of ocean acidification on ecosystems and 
        the socioeconomic impacts of increased ocean acidification that 
        are relevant to the goals and priorities of the strategic 
        research plan; and
            (3) incorporates a competitive merit-based process for 
        awarding grants that may be conducted jointly with other 
        participating agencies or under the National Oceanographic 
        Partnership Program under section 7901 of title 10, United 
        States Code.
    (b) Additional Authority.--In conducting the Program, the Secretary 
may enter into and perform such contracts, leases, grants, or 
cooperative agreements as may be necessary to carry out the purposes of 
this part on such terms as the Secretary considers appropriate.

SEC. 5287. NSF OCEAN ACIDIFICATION ACTIVITIES.

    (a) Research Activities.--The Director of the National Science 
Foundation shall continue to carry out research activities on ocean 
acidification which shall support competitive, merit-based, peer-
reviewed proposals for research and monitoring of ocean acidification 
and its impacts, including--
            (1) impacts on marine organisms and marine ecosystems;
            (2) impacts on ocean, coastal, and estuarine 
        biogeochemistry; and
            (3) the development of methodologies and technologies to 
        evaluate ocean acidification and its impacts.
    (b) Consistency.--The research activities shall be consistent with 
the strategic research plan developed by the Subcommittee under section 
5285.
    (c) Coordination.--The Director shall encourage coordination of the 
Foundation's ocean acidification activities with such activities of 
other nations and international organizations.

SEC. 5288. NASA OCEAN ACIDIFICATION ACTIVITIES.

    (a) Ocean Acidification Activities.--The Administrator of the 
National Aeronautics and Space Administration, in coordination with 
other relevant agencies, shall ensure that space-based monitoring 
assets are used in as productive a manner as possible for monitoring of 
ocean acidification and its impacts.
    (b) Program Consistency.--The Administrator shall ensure that the 
Agency's research and monitoring activities on ocean acidification are 
carried out in a manner consistent with the strategic research plan 
developed by the Subcommittee under section 5285.
    (c) Coordination.--The Administrator shall encourage coordination 
of the Agency's ocean acidification activities with such activities of 
other nations and international organizations.

SEC. 5289. AUTHORIZATION OF APPROPRIATIONS.

    (a) NOAA.--There are authorized to be appropriated to the National 
Oceanic and Atmospheric Administration to carry out the purposes of 
this part--
            (1) $8,000,000 for fiscal year 2009;
            (2) $12,000,000 for fiscal year 2010;
            (3) $15,000,000 for fiscal year 2011; and
            (4) $20,000,000 for fiscal year 2012.
    (b) NSF.--There are authorized to be appropriated to the National 
Science Foundation to carry out the purposes of this part--
            (1) $6,000,000 for fiscal year 2009;
            (2) $8,000,000 for fiscal year 2010;
            (3) $12,000,000 for fiscal year 2011; and
            (4) $15,000,000 for fiscal year 2012.

    TITLE VI--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS PROVISIONS

   Subtitle A--National Capital Transportation Amendments Act of 2008

SEC. 6101. SHORT TITLE; FINDINGS.

    (a) Short Title.--This subtitle may be cited as the ``National 
Capital Transportation Amendments Act of 2008''.
    (b) Findings.--Congress finds as follows:
            (1) Metro, the public transit system of the Washington 
        metropolitan area, is essential for the continued and effective 
        performance of the functions of the Federal Government, and for 
        the orderly movement of people during major events and times of 
        regional or national emergency.
            (2) On 3 occasions, Congress has authorized appropriations 
        for the construction and capital improvement needs of the 
        Metrorail system.
            (3) Additional funding is required to protect these 
        previous Federal investments and ensure the continued 
        functionality and viability of the original 103-mile Metrorail 
        system.

SEC. 6102. AUTHORIZATION FOR CAPITAL AND PREVENTIVE MAINTENANCE 
              PROJECTS FOR WASHINGTON METROPOLITAN AREA TRANSIT 
              AUTHORITY.

    (a) Authorization.--
            (1) In general.--Subject to the succeeding provisions of 
        this section, the Secretary of Transportation is authorized to 
        make grants to the Transit Authority, in addition to the 
        contributions authorized under sections 3, 14, and 17 of the 
        National Capital Transportation Act of 1969 (sec. 9--1101.01 et 
        seq., D.C. Official Code), for the purpose of financing in part 
        the capital and preventive maintenance projects included in the 
        Capital Improvement Program approved by the Board of Directors 
        of the Transit Authority.
            (2) Definitions.--In this section--
                    (A) the term ``Transit Authority'' means the 
                Washington Metropolitan Area Transit Authority 
                established under Article III of the Compact; and
                    (B) the term ``Compact'' means the Washington 
                Metropolitan Area Transit Authority Compact (80 Stat. 
                1324; Public Law 89--774).
    (b) Use of Funds.--The Federal grants made pursuant to the 
authorization under this section shall be subject to the following 
limitations and conditions:
            (1) The work for which such Federal grants are authorized 
        shall be subject to the provisions of the Compact (consistent 
        with the amendments to the Compact described in subsection 
        (d)).
            (2) Each such Federal grant shall be for 50 percent of the 
        net project cost of the project involved, and shall be provided 
        in cash from sources other than Federal funds or revenues from 
        the operation of public mass transportation systems. Consistent 
        with the terms of the amendment to the Compact described in 
        subsection (d)(1), any funds so provided shall be solely from 
        undistributed cash surpluses, replacement or depreciation funds 
        or reserves available in cash, or new capital.
            (3) Such Federal grants may be used only for the 
        maintenance and upkeep of the systems of the Transit Authority 
        as of the date of the enactment of this Act and may not be used 
        to increase the mileage of the rail system.
    (c) Applicability of Requirements For Mass Transportation Capital 
Projects Receiving Funds Under Federal Transportation Law.--Except as 
specifically provided in this section, the use of any amounts 
appropriated pursuant to the authorization under this section shall be 
subject to the requirements applicable to capital projects for which 
funds are provided under chapter 53 of title 49, United States Code, 
except to the extent that the Secretary of Transportation determines 
that the requirements are inconsistent with the purposes of this 
section.
    (d) Amendments to Compact.--No amounts may be provided to the 
Transit Authority pursuant to the authorization under this section 
until the Transit Authority notifies the Secretary of Transportation 
that each of the following amendments to the Compact (and any further 
amendments which may be required to implement such amendments) have 
taken effect:
            (1)(A) An amendment requiring that all payments by the 
        local signatory governments for the Transit Authority for the 
        purpose of matching any Federal funds appropriated in any given 
        year authorized under subsection (a) for the cost of operating 
        and maintaining the adopted regional system are made from 
        amounts derived from dedicated funding sources.
            (B) For purposes of this paragraph, the term ``dedicated 
        funding source'' means any source of funding which is earmarked 
        or required under State or local law to be used to match 
        Federal appropriations authorized under this subtitle for 
        payments to the Transit Authority.
            (2) An amendment establishing an Office of the Inspector 
        General of the Transit Authority.
            (3) An amendment expanding the Board of Directors of the 
        Transit Authority to include 4 additional Directors appointed 
        by the Administrator of General Services, of whom 2 shall be 
        nonvoting and 2 shall be voting, and requiring one of the 
        voting members so appointed to be a regular passenger and 
        customer of the bus or rail service of the Transit Authority.
    (e) Access to Wireless Service in Metrorail System.--
            (1) Requiring transit authority to provide access to 
        service.--No amounts may be provided to the Transit Authority 
        pursuant to the authorization under this section unless the 
        Transit Authority ensures that customers of the rail service of 
        the Transit Authority have access within the rail system to 
        services provided by any licensed wireless provider that 
        notifies the Transit Authority (in accordance with such 
        procedures as the Transit Authority may adopt) of its intent to 
        offer service to the public, in accordance with the following 
        timetable:
                    (A) Not later than 1 year after the date of the 
                enactment of this Act, in the 20 underground rail 
                station platforms with the highest volume of passenger 
                traffic.
                    (B) Not later than 4 years after such date, 
                throughout the rail system.
            (2) Access of wireless providers to system for upgrades and 
        maintenance.--No amounts may be provided to the Transit 
        Authority pursuant to the authorization under this section 
        unless the Transit Authority ensures that each licensed 
        wireless provider who provides service to the public within the 
        rail system pursuant to paragraph (1) has access to the system 
        on an ongoing basis (subject to such restrictions as the 
        Transit Authority may impose to ensure that such access will 
        not unduly impact rail operations or threaten the safety of 
        customers or employees of the rail system) to carry out 
        emergency repairs, routine maintenance, and upgrades to the 
        service.
            (3) Permitting reasonable and customary charges.--Nothing 
        in this subsection may be construed to prohibit the Transit 
        Authority from requiring a licensed wireless provider to pay 
        reasonable and customary charges for access granted under this 
        subsection.
            (4) Reports.--Not later than 1 year after the date of the 
        enactment of this Act, and each of the 3 years thereafter, the 
        Transit Authority shall submit to the Committee on Oversight 
        and Government Reform of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate a report on the implementation of this subsection.
            (5) Definition.--In this subsection, the term ``licensed 
        wireless provider'' means any provider of wireless services who 
        is operating pursuant to a Federal license to offer such 
        services to the public for profit.
    (f) Amount.--There are authorized to be appropriated to the 
Secretary of Transportation for grants under this section an aggregate 
amount not to exceed $1,500,000,000 to be available in increments over 
10 fiscal years beginning in fiscal year 2009, or until expended.
    (g) Availability.--Amounts appropriated pursuant to the 
authorization under this section shall remain available until expended.

  Subtitle B--Preservation of Records of Servitude, Emancipation, and 
                   Post-Civil War Reconstruction Act

SEC. 6201. SHORT TITLE.

    This subtitle may be cited as the ``Preservation of Records of 
Servitude, Emancipation, and Post-Civil War Reconstruction Act''.

SEC. 6202. ESTABLISHMENT OF NATIONAL DATABASE.

    (a) In General.--The Archivist of the United States shall preserve 
relevant records and establish, as part of the National Archives, an 
electronically searchable national database consisting of historic 
records of servitude, emancipation, and post-Civil War reconstruction, 
including Refugees, Freedman and Abandoned Lands Records, the Southern 
Claims Commission Records, Records of the Freedmen's Bank, Slave 
Impressments Records, Slave Payroll Records, Slave Manifest, and 
others, contained within the agencies and departments of the Federal 
Government to assist African Americans and others in conducting 
genealogical and historical research.
    (b) Maintenance.--The database established under this section shall 
be maintained by the National Archives or an entity within the National 
Archives designated by the Archivist.

SEC. 6203. GRANTS FOR ESTABLISHMENT OF STATE AND LOCAL DATABASES.

    (a) In General.--The National Historical Publications and Records 
Commission of the National Archives shall provide grants to States, 
colleges and universities, museums, libraries, and genealogical 
associations to preserve records and establish electronically 
searchable databases consisting of local records of servitude, 
emancipation, and post-Civil War reconstruction.
    (b) Maintenance.--The databases established using grants provided 
under this section shall be maintained by appropriate agencies or 
institutions designated by the National Historical Publications and 
Records Commission.

SEC. 6204. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated--
            (1) $5,000,000 to implement section 6202; and
            (2) $5,000,000 to provide grants under section 6203.

         Subtitle C--Predisaster Hazard Mitigation Act of 2008

SEC. 6301. SHORT TITLE.

    This subtitle may be cited as the ``Predisaster Hazard Mitigation 
Act of 2008''.

SEC. 6302. PREDISASTER HAZARD MITIGATION.

    (a) Allocation of Funds.--Section 203(f) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(f)) is 
amended to read as follows:
    ``(f) Allocation of Funds.--
            ``(1) In general.--The President shall award financial 
        assistance under this section on a competitive basis and in 
        accordance with the criteria in subsection (g).
            ``(2) Minimum and maximum amounts.--In providing financial 
        assistance under this section, the President shall ensure that 
        the amount of financial assistance made available to a State 
        (including amounts made available to local governments of the 
        State) for a fiscal year--
                    ``(A) is not less than the lesser of--
                            ``(i) $575,000; or
                            ``(ii) the amount that is equal to 1 
                        percent of the total funds appropriated to 
                        carry out this section for the fiscal year; and
                    ``(B) does not exceed the amount that is equal to 
                15 percent of the total funds appropriated to carry out 
                this section for the fiscal year.''.
    (b) Authorization of Appropriations.--Section 203(m) of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5133(m)) is amended to read as follows:
    ``(m) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $210,000,000 for fiscal year 2009;
            ``(2) $230,000,000 for fiscal year 2010; and
            ``(3) $250,000,000 for fiscal year 2011.''.

SEC. 6303. FLOOD CONTROL PROJECTS.

    (a) Definitions.--In this section--
            (1) the term ``Administrator'' means the Administrator of 
        the Federal Emergency Management Agency; and
            (2) the term ``flood control project''--
                    (A) means a project relating to the repair or 
                rehabilitation of a levee the construction of which has 
                been completed before the date of enactment of this Act 
                that is--
                            (i) Federally constructed; or
                            (ii) a non-Federal levee the owners of 
                        which are participating in the emergency 
                        response to natural disasters program 
                        established under section 5 of the Act entitled 
                        ``An Act authorizing the construction of 
                        certain public works on rivers and harbors for 
                        flood control, and for other purposes'', 
                        approved August 18, 1941 (33 U.S.C. 701n); and
                    (B) does not include any project the maintenance of 
                which is the responsibility of a Federal department or 
                agency, including the Corps of Engineers.
    (b) Review.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator shall review the 
        guidance issued by the Federal Emergency Management Agency 
        relating to the eligibility of flood control projects under the 
        predisaster mitigation program under section 203 of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5133).
            (2) Contents.--As part of the review under this subsection, 
        the Administrator shall--
                    (A) request proposals for potential flood control 
                projects from not less than 5 States in which the 
                President declared a major disaster (as that term is 
                defined in section 102 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5122)) relating to flooding during the 1-year period 
                ending on the date of enactment of this Act;
                    (B) develop additional criteria for selection of 
                States under subparagraph (A), which shall be reviewed 
                by the Government Accountability Office;
                    (C) evaluate the cost-effectiveness of proposals 
                received under subparagraph (A); and
                    (D) review the report by the Committee on Levee 
                Safety required under section 9003(c)(2) of the Water 
                Resources Development Act of 2007 (33 U.S.C. 
                3302(c)(2)).
    (c) Reports.--
            (1) In general.--Not later than 30 days after the date on 
        which the Administrator completes the review required under 
        subsection (b)(1), the Administrator shall submit to the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives a report describing the results 
        of the review under subsection (b)(1) of the suitability of 
        using funds under the predisaster mitigation program for flood 
        control projects, including any recommendations for changes to 
        the administrative guidance of the Federal Emergency Management 
        Agency.
            (2) GAO report.--Not later than 240 days after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report assessing the criteria developed by 
        the Administrator under subsection (b)(2)(B).
    (d) Pilot Project.--
            (1) In general.--After the Administrator completes the 
        review required under subsection (b)(1), the Administrator may 
        make grants for not more than 5 flood control projects during 
        fiscal year 2010, selected from among proposals submitted to 
        the Administrator in response to the request under subsection 
        (b)(2)(A). The selection of projects under this subsection by 
        the Administrator shall be consistent with section 203(f) of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act, as amended by this Act.
            (2) Other criteria.--The projects selected under this 
        subsection shall meet the criteria under subsections (b), (e), 
        and (g) of section 203 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5133).

SEC. 6304. TECHNICAL AND CONFORMING AMENDMENTS.

    The Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.) is amended--
            (1) in section 602(a), by striking paragraph (7) and 
        inserting the following:
            ``(7) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Emergency Management Agency.''; 
        and
            (2) by striking ``Director'' each place it appears and 
        inserting ``Administrator'', except--
                    (A) the second and fourth place it appears in 
                section 622(c);
                    (B) in section 622(d); and
                    (C) in section 626(b).

             TITLE VII--RULES AND ADMINISTRATION PROVISIONS

SEC. 7001. CONSTRUCTION OF GREENHOUSE FACILITY.

    (a) In General.--The Board of Regents of the Smithsonian 
Institution is authorized to construct a greenhouse facility at its 
museum support facility in Suitland, Maryland, to maintain the 
horticultural operations of, and preserve the orchid collection held in 
trust by, the Smithsonian Institution.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $12,000,000 to carry out this section. Such sums shall 
remain available until expended.
                                                       Calendar No. 894

110th CONGRESS

  2d Session

                                S. 3297

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                                 A BILL

                    To advance America's priorities.

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                             July 23, 2008

            Read the second time and placed on the calendar