[Congressional Record Volume 154, Number 120 (Tuesday, July 22, 2008)]
[Senate]
[Pages S7032-S7076]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. REID (for himself, Mr. Leahy, Mr. Lieberman, Mrs. 
        Feinstein, Mr. Inouye, Mr. Kennedy, Mrs. Boxer, and Mr. Biden):
  S. 3297. A bill to advance America's priorities; read the first time.
  Mr. REID. Mr. President, today I am introducing along with Senators 
Leahy, Lieberman, Feinstein, Inouye, Kennedy, Boxer, and Biden, an 
important bill, with provisions in a variety of areas--from advancing 
medical research in critical areas, to cracking down on child 
exploitation, to promoting important U.S. foreign policy goals, to 
helping improve America's understanding about the oceans. What unites 
this diverse package of bills? One thing--unprecedented obstructionism.
  The bills in this package include initiatives that have broad 
bipartisan support. Initiatives that have passed the House by 411 to 3; 
by 422 to 2; by 416 to 0. Many of these initiatives had such strong 
bipartisan support that they passed the House and Senate Committee by 
voice vote or even by unanimous consent.
  Under normal circumstances, they would have passed the Senate through 
a simplified and expedited unanimous consent process and become law. 
Maybe some would have required a period of brief debate before passing 
the Senate.
  But, instead of allowing the will of the Congress and the American 
people to be heard, Republicans have obstructed one bill after another. 
Here are just a few examples of the legislation that this bill 
includes--and that Republicans are preventing from becoming law:
  The Emmitt Till Unsolved Crimes bill: Would help heal old wounds and 
solve crimes that have continued to be unsolved and unpunished since 
the Civil Rights era.
  The Runaway and Homeless Youth bill: Would provide grants for health 
care, education and workforce programs, and housing programs for 
runaways and homeless youth.
  The Combating Child Exploitation bill: Would provide grants to train 
law enforcement to use technology to track individuals who trade child 
pornography. Establishes an Internet Crimes Against Children Task Force 
within the Office of Justice Programs.
  The ALS Registry bill: WouId create a centralized database to help 
doctors and scientists treat and hopefully find a cure for ALS/Lou 
Gehrig's Disease, which afflicts 5,600 Americans every year.
  The Christopher and Dana Reeve Paralysis Act: Would enhance 
cooperation in research, rehabilitation and quality of life for people 
who suffer from paralysis. Not only will this bill accelerate the 
discovery of better treatments and cures, but help improve the daily 
lives of the 2 million Americans who await a cure.
  This is just the tip of the iceberg. These bills address important 
American priorities, have broad--virtually unanimous--bipartisan 
support, yet, all have fallen victim to just one or two Republicans.
  Senate Democrats are not willing to allow this obstruction of a few 
to block the will of the Congress and the American people any longer. 
Republicans will have a choice: Will they join the side of the American 
people, or continue to stand beside one or two colleagues intent on 
blocking progress? I hope Republicans will end their obstruction and 
work with Democrats this week to pass this crucial and long-overdue 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                S. 3297

       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.

[[Page S7033]]

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.

[[Page S7034]]

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.

[[Page S7035]]

       ``(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

[[Page S7036]]

     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.''.

[[Page S7037]]

     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-

[[Page S7038]]

     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--

[[Page S7039]]

       (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

[[Page S7040]]

       (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.

[[Page S7041]]

       ``(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.--

[[Page S7042]]

       (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

[[Page S7043]]

     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;

[[Page S7044]]

       (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.--

[[Page S7045]]

       (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

[[Page S7046]]

     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

[[Page S7047]]

     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;

[[Page S7048]]

       (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

[[Page S7049]]

     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;

[[Page S7050]]

       (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

[[Page S7051]]

     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

[[Page S7052]]

     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.''.

[[Page S7053]]

       (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.--

[[Page S7054]]

       (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;

[[Page S7055]]

       (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

[[Page S7056]]

     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.

[[Page S7057]]

       (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

[[Page S7058]]

     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 CO2 
     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:

[[Page S7059]]

       ``(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 in vestor 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

[[Page S7060]]

     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

[[Page S7061]]

       (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''.

[[Page S7062]]

     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.

[[Page S7063]]

       (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;

[[Page S7064]]

       (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

[[Page S7065]]

     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).

[[Page S7066]]

       (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

[[Page S7067]]

     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

[[Page S7068]]

     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.''.

[[Page S7069]]

     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.

[[Page S7070]]

       (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.

[[Page S7071]]

       (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

[[Page S7072]]

     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,

[[Page S7073]]

     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

[[Page S7074]]

     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

[[Page S7075]]

     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.
                                 ______
                                 
      By Mr. GRASSLEY:
  S. 3300. A bill to amend title XVIII of the Social Security Act to 
provide for temporary improvements to the Medicare inpatient hospital 
payment adjustment for low-volume hospitals and to provide for the use 
of the non-wage adjusted PPS rate under the Medicare-dependent hospital 
(MDH) program, and for other purposes; to the Committee on Finance.
  Mr. GRASSLEY. Mr. President, I am pleased to introduce the Rural 
Hospital Act of 2008. Back in December, I stood before this body 
explaining that we were only passing a 6-month Medicare bill in order 
to provide the opportunity for us to address a number of priorities. 
One of the biggest priorities I identified was the need to ensure 
access to rural hospital services.
  The type of rural hospitals that top the priority list are what are 
known as ``tweeners.'' These hospitals are too large to be critical 
access hospitals, but too small to be financially viable under the 
Medicare hospital prospective payment systems. It is absolutely 
imperative that these tweener hospitals get the assistance they need in 
order to keep their doors open. They are often not only the sole 
provider of health care in rural areas but are also significant 
employers and purchasers in the community. Also, the presence of a 
hospital is essential for purposes of economic development because 
businesses check to see if a hospital is in the community in which they 
might set up shop.
  While the Medicare bill that Congress just enacted improves the 
situation for some tweeners, many more are left in financial peril. It 
is unfortunate that comprehensive payment reforms for tweener hospitals 
were not included in the bill that just passed. As you know, I have 
long proposed a number of tweener payment improvements in previous 
bills this Congress and they were included in the agreement that 
Senator Baucus and I reached for this year's Medicare bill. 
Unfortunately, the core tweener hospital payment improvements were 
dropped from the bill once the process became partisan.
  It is for this reason that I am introducing this bill. We must 
improve the financial health of tweener hospitals and ensure that 
people have access to health care.
  Most tweener hospitals are currently designated as Medicare Dependent 
Hospitals and Sole Community Hospitals under the Medicare program. 
While the bill that recently passed Congress improves payments for Sole 
Community Hospitals, there are no provisions that benefit Medicare 
Dependent Hospitals. This bill would benefit Medicare Dependent 
Hospitals by not adjusting their payments for area wages unless it 
would result in improved payments.
  Also, a major driver of the financial difficulties that tweener 
hospitals face is the fact that many have relatively low volumes of 
inpatient admissions. Back when we passed the Medicare Prescription 
Drug, Improvement, and Modernization Act of 2003, I made sure that this 
law included an add-on payment for low volume rural hospitals. This 
bill would improve the existing low-volume add-on payment for hospitals 
so that more rural facilities, both Medicare Dependent Hospitals and 
Sole Community Hospitals, with low volumes would receive the assistance 
they desperately need.
  To offset the increases in spending from these tweener hospital 
payment improvements, this bill would address another priority that we 
wanted to include in a more comprehensive Medicare bill. Many know my 
position regarding physician owned hospitals and my concern about the 
effect these facilities have on health care access and costs as well as 
patient safety. There has been much debate regarding these facilities 
over the years, especially with physician owned limited service 
hospitals. This bill would eliminate the exceptions under the physician 
self-referral laws for physician-owned hospitals and provide a limited 
exception for existing facilities.
  As you can see, we still have much to do when it comes to ensuring 
access to health care in rural America. I look forward to working with 
my colleagues on this urgent matter.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
  S. 3304. A bill to designate the North Palisade in the Sierra Nevada 
in the State of California as ``Brower Palisade'' in honor of the late 
David Brower; to the Committee on Energy and Natural Resources.
  Mrs. FEINSTEIN. Mr. President, I rise today on behalf of myself and 
my colleague Senator Boxer to introduce the Brower Palisade Designation 
Act and honor the life of one of our Nation's most influential 
environmental stewards, the late David Brower.
  The Brower Palisade Designation Act renames the North Palisade--a 
prominent peak in the Sierra Nevada--``Brower Palisade'' in his honor.
  David Brower dedicated his life to environmental advocacy and helped 
shape the conservation movement in California and across the Nation.
  His efforts raised public awareness about the environment and the 
need to preserve our resources for future generations.
  Former Secretary of the Interior Stewart Udall once referred to David 
Brower as the ``giant of 20th Century conservation in the United 
States.''
  In 1952, David Brower was named the first executive director of the 
Sierra Club, one of the most prominent environmental and conservation 
organizations in the U.S. He held this position for nearly 2 decades.
  David Brower's leadership led to the creation of many units of the 
National Park System, including North Cascades National Park, Redwood 
National Park and Point Reyes National Seashore.
  He also played a significant role in helping to draft the Wilderness 
Act, which has preserved much of the Sierra Nevada, including his 
favorite group peaks, the Palisades.
  Renaming the North Palisade peak ``Brower Palisade'' will be a 
lasting reminder of David Brower's leadership and invaluable 
contributions to the environmental community for generations to come.
  I encourage my colleagues to support the Brower Palisade Designation 
Act and join me in honoring the achievements of one of our most notable 
environmental advocates, David Brower.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3304

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Brower Palisade Designation 
     Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) David Brower dedicated his life to environmental 
     advocacy and was 1 of the most notable environmental stewards 
     of the United States;
       (2) former Secretary of the Interior Stewart Udall referred 
     to David Brower as the

[[Page S7076]]

     ``giant of 20th Century conservation in the United States'';
       (3) David Brower was nominated for the Nobel Peace Prize 3 
     times;
       (4) David Brower was named the first executive director of 
     the Sierra Club, 1 of the most prominent environmental and 
     conservation organizations in the United States;
       (5) the efforts of David Brower led to the creation of many 
     units of the National Park System, including North Cascades 
     National Park, Redwood National Park, and Point Reyes 
     National Seashore;
       (6) the leadership of David Brower helped protect the Grand 
     Canyon National Park and Dinosaur National Monument;
       (7) David Brower played a important role in drafting the 
     Wilderness Act (16 U.S.C. 1131 et seq.), which has protected 
     much of the Sierra Nevada;
       (8) David Brower revolutionized rock-climbing and 
     mountaineering in the United States and is credited with more 
     than 70 first ascents of Sierra Nevada peaks;
       (9) David Brower made the first winter ascent of North 
     Palisade and the first ascent of the Northwest Ridge of the 
     peak; and
       (10) the Palisade group of peaks, on the border of Kings 
     Canyon National Park and Inyo National Forest, was David 
     Brower's favorite part of the Sierra Nevada.

     SEC. 3. DESIGNATION OF BROWER PALISADE.

       (a) Designation.--The North Palisade, a prominent peak in 
     the Palisade group of peaks in the Sierra Nevada bordering 
     Kings Canyon National Park and the Inyo National Forest in 
     the State of California, shall be known and designated as the 
     ``Brower Palisade''.
       (b)  References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     peak described in subsection (a) shall be deemed to be a 
     reference to the Brower Palisade.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mr. Kerry, Mr. Reid, Mr. Obama, 
        Mr. Schumer, Mr. Leahy, Mrs. Clinton, Mrs. Murray, and Mr. 
        Wyden):
  S. 3308. A bill to require the Secretary of Veterans Affairs to 
permit facilities of the Department of Veterans Affairs to be 
designated as voter registration agencies, and for other purposes; to 
the Committee on Rules and Administration.
  Mr. President, I am pleased to be an original cosponsor of the 
Veteran Voting Support Act, which Senator Feinstein and Senator Kerry 
have introduced today.
  This bill will address an issue of great concern to me and to so many 
Americans: the rights of Americans who fight to defend our values and 
freedoms abroad must have the full enjoyment of those rights here at 
home. This legislation responds to an announcement by the Bush 
administration's Department of Veterans Affairs that it will ban non-
partisan organizations and state election officials from conducting 
voter registration drives at its facilities.
  It is a sad commentary that in our great Nation, so many of our young 
veterans who have been treated shamefully by their government when it 
sent them into harm's way under false pretenses are again mistreated 
after they return home. Our troops were sent to fight an unnecessary 
war in Iraq--without sufficient armor, without adequate reinforcements, 
without a plan to win the peace, and without adequate medical care and 
other services to help them adapt to life upon their return.
  Given this President's obsession with democracy taking root in the 
Middle East, I would think that at a minimum he would be equally 
concerned with guaranteeing the right to vote to veterans returning 
home after risking life and limb spreading that right to others. Yet, 
his administration has done just the opposite. Under this President's 
watch, the Department of Veteran Affairs has erected barriers to voter 
registration that impede veterans being treated in VA facilities from 
participating in the political process.
  First, this administration's Department of Veteran Affairs has shown 
little interest in, or commitment to, assisting veterans in exercising 
the fundamental right to vote. Since 2004, the Department has often 
sided in Federal court against allowing third-party organizations to 
conduct voter registration drives at VA hospitals. Until this past 
April, the Department's national policy was silent on whether it could 
assist disabled veterans access and complete voter registration forms. 
Indeed, court findings appear to indicate that in some instances, the 
Department may have even prohibited its own staff from providing such 
assistance.
  Second, although the Department has made recent strides to allow 
veterans more access to voter registration forms, it has not gone far 
enough. Three months ago, the Department issued a written directive' 
requiring all VA facilities to develop voter registration plans that 
would assist patients in registering to vote. I applaud this action as 
a positive first step. However, I am concerned that the new directive 
stops short of mandating that VA facilities affirmatively offer 
disabled veterans a chance to register to vote. To paraphrase Paul 
Sullivan, the Executive Director of Veterans for Commonsense, the new 
directive only changed the Department from being in active opposition 
to veterans' voter registration to passively supporting it.
  Third, and perhaps most troubling, the new directive prohibits third-
party organizations and state election officials from conducting 
nonpartisan voter registration drives among veterans at VA facilities. 
I am concerned that this ban will not only undermine the Department's 
goal of assisting disabled veterans in registering and voting, but will 
also make it more difficult for these Americans to participate in the 
political process.
  The Veterans Voting Support Act would address these concerns. This 
important measure would designate VA facilities as voter registration 
agencies, thereby ensuring that the Department actively offers veterans 
the assistance they need to vote and register to vote. This provision 
would also protect disabled veterans from being disenfranchised by a 
procedural technicality. In addition, the bill provides our veterans 
with information relating to the opportunity to request an absentee 
ballot, ensure the ballots are available upon request, as well as 
provide assistance in completing them.
  It would also require a meaningful opportunity for nonpartisan groups 
and election officials to provide voter registration information and 
assistance at VA hospitals. The Department was founded on the principle 
that its first duty to veterans was to meet their medical, social, and 
civic needs, including the full participation of veterans in our 
society. As a corollary, this provision will strengthen that mandate 
and send an important message to our veterans: our country will make 
every effort to ensure that those who sacrificed so much to expand 
democracy around the globe are involved in our democracy at home.
  Finally, to ensure that the Department does not backslide from its 
critical function of expanding the civic involvement of disabled 
veterans, the bill also provides reporting requirements to ensure that 
the Department complies with this important goal.
  The Nation's disabled veterans have given extraordinary service to 
our country. These courageous men and women deserve our help to ensure 
that they receive the necessary assistance to guarantee their full 
participation in our democracy. I look forward to Senate passage of the 
Veterans Voting Support Act, and I hope the House and the President 
will act quickly on this legislation to ensure the implementation of 
this important measure in time for the upcoming national election.

                          ____________________