[Congressional Record Volume 154, Number 154 (Friday, September 26, 2008)]
[Senate]
[Pages S9660-S9721]
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 and Mr. Byrd):
  S. 3604. A bill making emergency supplemental appropriations for 
economic recovery for the fiscal year ending September 30, 2008, and 
for other purposes; read twice; to the Committee on Appropriations.
  Mr. REID. 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. 3604

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2008, and for other purposes, namely:

                                TITLE I

             INFRASTRUCTURE, ENERGY, AND ECONOMIC RECOVERY

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                          Farm Service Agency


                         SALARIES AND EXPENSES

       For an additional amount for ``Farm Service Agency, 
     Salaries and Expenses'', for the purpose of maintaining and 
     modernizing the information technology system, $171,700,000, 
     to remain available until expended.

                         Rural Housing Service


                RURAL HOUSING INSURANCE PROGRAM ACCOUNT

       For an additional amount for gross obligations for the 
     principal amount of direct and guaranteed loans as authorized 
     by title V of the Housing Act of 1949, to be available from 
     funds in the rural housing insurance fund, as follows: 
     $171,000,000 for section 502 borrowers for direct loans.
       For an additional amount for the cost of direct and 
     guaranteed loans, including the cost of modifying loans, as 
     defined in section 502 of the Congressional Budget Act of 
     1974, to remain available until expended, as follows: 
     $11,500,000 for section 502 direct loans.


               RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

       For an additional amount for gross obligations for the 
     principal amount of direct and guaranteed loans and grants as 
     authorized by section 306 of the Consolidated Farm and Rural 
     Development Act, to be available from the rural community 
     facilities program account, as follows: $612,000,000 for 
     rural community facilities direct loans; $130,000,000 for 
     guaranteed rural community facilities loans; and $50,000,000 
     for rural community facilities grants.
       For an additional amount for the cost of direct loans, 
     guaranteed loans, and grants, including the cost of modifying 
     loans, as defined in section 502 of the Congressional Budget 
     Act of 1974, to remain available until expended, as follows: 
     $35,000,000 for rural community facilities direct loans; 
     $4,000,000 for rural community facilities guaranteed loans; 
     and $50,000,000 for rural community facilities grants.

                  Rural Business--Cooperative Service


                    RURAL BUSINESS ENTERPRISE GRANTS

       For an additional amount for ``Rural Business Enterprise 
     Grants'', $40,000,000, to remain available until expended.


              RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

       For an additional amount for gross obligations for the 
     principal amount of direct loans as authorized by the Rural 
     Development Loan Fund (42 U.S.C. 9812(a)), $30,000,000.
       For an additional amount for the cost of direct loans, 
     including the cost of modifying loans, as defined in section 
     502 of the Congressional Budget Act of 1974, to remain 
     available until expended, $12,600,000, for direct loans as 
     authorized by the Rural Development Loan Fund (42 U.S.C. 
     9812(a)).

                        Rural Utilities Service


             RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

       For an additional amount for the cost of direct loans, loan 
     guarantees, and grants for the rural water, waste water, 
     waste disposal, and solid waste management programs 
     authorized by sections 306, 306A, 306C, 306D, and 310B and 
     described in sections 306C(a)(2), 306D, and 381E(d)(2) of the 
     Consolidated Farm and Rural Development Act, $200,000,000, to 
     remain available until expended.


     DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM ACCOUNT

       For an additional amount for grants for distance learning 
     and telemedicine services in rural areas, as authorized by 7 
     U.S.C. 950aaa, et seq., $26,000,000, to remain available 
     until expended.

                       Food and Nutrition Service


SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN

       For an additional amount for the special supplemental 
     nutrition program as authorized by section 17 of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786), $450,000,000, to 
     remain available through September 30, 2009.


               SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

       For an additional amount for the Emergency Food Assistance 
     Program, as authorized by Section 4201 of Public Law 110-246, 
     $50,000,000, to remain available until September 30, 2009, of 
     which the Secretary may use up to 10 percent for costs 
     associated with the distribution of commodities.


                      COMMODITY ASSISTANCE PROGRAM

       For an additional amount for the Commodity Supplemental 
     Food Program, $30,000,000, to support additional food 
     purchases, to remain available until September 30, 2009.

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 1101. (a) In this section, the term ``nonambulatory 
     disabled cattle'' means cattle, other than cattle that are 
     less than 5 months old or weigh less than 500 pounds, subject 
     to inspection under section 3(b) of the Federal Meat 
     Inspection Act (21 U.S.C. 603(b)) that cannot rise from a 
     recumbent position or walk, including cattle with a broken 
     appendage, severed tendon or ligament, nerve paralysis, 
     fractured vertebral column, or a metabolic condition.
       (b) None of the funds made available under this Act may be 
     used to pay the salaries or expenses of any personnel of the 
     Food Safety and Inspection Service to pass through inspection 
     any nonambulatory disabled cattle for use as human food, 
     regardless of the reason for the nonambulatory status of the 
     cattle or the time at which the cattle became nonambulatory.
       (c) In addition to any penalties available under the 
     Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the 
     Secretary shall impose penalties consistent with sections 
     10414 and 10415 of the Animal Health Protection Act (7 U.S.C. 
     8313, 8314) on any establishment that slaughters 
     nonambulatory disabled cattle or prepares a carcass, part of 
     a carcass, or meat or meat food product, from any 
     nonambulatory disabled cattle, for use as human food.

                               CHAPTER 2

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration


                Economic Development Assistance Programs

       For an additional amount for ``Economic Development 
     Assistance Programs'' for economic adjustment assistance as 
     authorized by section 209 of the Public Works and Economic 
     Development Act of 1965, as amended (42 U.S.C. 3149), 
     $50,000,000, to remain available until expended: Provided, 
     That in allocating funds provided in the previous proviso, 
     the Secretary of Commerce shall give priority consideration 
     to areas of the Nation that have experienced sudden and 
     severe economic dislocation and job loss due to corporate 
     restructuring.

                         DEPARTMENT OF JUSTICE

                     United States Marshals Service


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     $50,000,000 for the United States Marshals Service, to remain 
     available until September 30, 2009, to implement and enforce 
     the Adam Walsh Child Protection and Safety Act (Public Law 
     109-248) to apprehend non-compliant sex offenders.

                    Federal Bureau of Investigation


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     $5,000,000, to remain available until September 30, 2009.

                       Office of Justice Programs


               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

       For an additional amount for ``State and Local Law 
     Enforcement Assistance'' Edward Byrne Memorial Justice 
     Assistance Grant program as authorized by subpart 1 of part E 
     of title I of the Omnibus Crime Control and Safe Street Act 
     of 1968 (``1968 Act''), (except that section 1001(c), and the 
     special rules for Puerto Rico under section 505(g), of the 
     1968 Act, shall not apply for purposes of this Act), 
     $490,000,000, to remain available until September 30, 2009.
       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $100,000,000, to remain available 
     until September 30, 2009, for competitive grants to provide 
     assistance and equipment to local law enforcement along the 
     Southern border and in High-Intensity Drug Trafficking Areas 
     to combat criminal narcotic activity stemming from the 
     Southern border, of

[[Page S9661]]

     which $15,000,000 shall be transferred to the ``Bureau of 
     Alcohol, Tobacco, Firearms and Explosives'', ``Salaries and 
     Expenses'' for the ATF Project Gunrunner.


                  COMMUNITY ORIENTED POLICING SERVICES

       For additional amount for ``Community Oriented Policing 
     Services'', for grants under section 1701 of title I of the 
     1968 Omnibus Crime Control and Safe Streets Act (42 U.S.C. 
     379dd) for hiring and rehiring of additional career law 
     enforcement officers under part Q of such title 
     notwithstanding subsection (i) of such section, $500,000,000, 
     to remain available until September 30, 2009.

                                SCIENCE

             National Aeronautics and Space Administration


                            RETURN TO FLIGHT

       For necessary expenses, not otherwise provided for, in 
     carrying out return to flight activities associated with the 
     space shuttle and activities from which funds were 
     transferred to accommodate return to flight activities, 
     $250,000,000, to remain available until September 30, 2009, 
     with such sums as determined by the Administrator of the 
     National Aeronautics and Space Administration as available 
     for transfer to ``Science'', ``Aeronautics'', 
     ``Exploration'', and ``Exploration Capabilities'' for 
     restoration of funds previously reallocated to meet return to 
     flight activities.

                             RELATED AGENCY

                       Legal Services Corporation


               Payment to the Legal Services Corporation

       For an additional amount for ``Payment to the Legal 
     Services Corporation'', $37,500,000, to remain available 
     until September 30, 2009, to provide legal assistance related 
     to home ownership preservation, home foreclosure prevention, 
     and tenancy associated foreclosure: Provided, That each 
     limitation on expenditures, and each term or condition, that 
     applies to funds appropriated to the Legal Services 
     Corporation under the Consolidated Appropriations Act of 2008 
     (Public Law 110-61), shall apply to funds appropriated under 
     this Act: Provided further, That priority shall be given to 
     entities and individuals that (1) provide legal assistance in 
     the 100 metropolitan statistical areas (as defined by the 
     Director of the Office of Management and Budget) with the 
     highest home foreclosure rates; and (2) have the capacity to 
     begin using the funds within 90 days of receipt of the funds.

                               CHAPTER 3

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                              CONSTRUCTION

       For an additional amount for ``Construction'' for 
     rehabilitation of Corps of Engineers owned and operated 
     hydropower facilities and for other activities, $400,000,000, 
     to remain available until expended.


                       OPERATIONS AND MAINTENANCE

       For an additional amount for ``Operations and Maintenance'' 
     to dredge navigation channels that provide access to 
     significant energy infrastructure and for other maintenance 
     needs, $100,000,000, to remain available until expended.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation


                      WATER AND RELATED RESOURCES

       For an additional amount for ``Water and Related 
     Resources'' for rehabilitation of Bureau of Reclamation owned 
     and operated hydropower facilities and for other purposes, 
     $50,000,000, to remain available until expended: Provided, 
     That up to $5,000,000 can be utilized by the Bureau of 
     Reclamation to initiate a canal safety program to assess the 
     condition of Reclamation water supply canals.

                          DEPARTMENT OF ENERGY

                 Energy Efficiency and Renewable Energy

       For an additional amount for ``Energy Efficiency and 
     Renewable Energy'', $1,100,000,000, to remain available until 
     expended: Provided, That of the funds appropriated, 
     $500,000,000 is directed to the Weatherization Assistance 
     Program: Provided further, That of the funds appropriated, 
     $300,000,000 is directed to advance battery technology 
     research, development, and demonstration: Provided further, 
     That of the funds appropriated, $300,000,000 is directed to 
     competitively awarded local government and tribal technology 
     demonstration grants.

                   Non-Defense Environmental Cleanup

       For an additional amount for ``Non-Defense Environmental 
     Cleanup'', $120,000,000, to remain available until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

       For an additional amount for ``Uranium Enrichment 
     Decontamination and Decommissioning Fund'', $120,000,000, to 
     remain available until expended, of which $20,000,000 shall 
     be available in accordance with title X, subtitle A, of the 
     Energy Policy Act of 1992.

                                Science

       For an additional amount for ``Science'', $150,000,000, to 
     remain available until expended.

                    Atomic Energy Defense Activities

                National Nuclear Security Administration


                           WEAPONS ACTIVITIES

       For an additional amount for ``Weapons Activities'', 
     $100,000,000, to remain available until expended.

               Environmental and Other Defense Activities


                     DEFENSE ENVIRONMENTAL CLEANUP

       For an additional amount for ``Defense Environmental 
     Cleanup'', $510,000,000, to remain available until expended.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 1301. FutureGen. (a) Subject to subsection (b), the 
     Secretary of Energy shall reinstate and continue--
       (1) the cooperative agreement numbered DE-FC-26-06NT42073 
     (as in effect on May 15, 2008); and
       (2) Budget Period 1, under such agreement, through March 
     31, 2009.
       (b) During the period beginning on the date of enactment of 
     this Act and ending March 31, 2009--
       (1) The agreement described in subsection (a) may not be 
     terminated except by the mutual consent of the parties to the 
     agreement; and
       (2) Funds may be expended under the agreement only to 
     complete and provide information and documentation to the 
     Department of Energy.
       Sec. 1302. In chapter 3 of title I of division B of H.R. 
     2638 (110th Congress) as enacted into law, the paragraph 
     under the heading ``Department of Defense--Civil, Department 
     of the Army, Corps of Engineers--Civil, Construction'' is 
     amended by--
       (1) Repealing the second proviso; and
       (2) By adding before the period the following: ``: Provided 
     further, That the Secretary is directed to provide 
     $1,500,000,000 of the funds appropriated under this heading 
     to fund levee and flood protection repairs, restoration, 
     improvements and critical coastal restoration projects in the 
     State of Louisiana: Provided further, That funds shall be 
     expended in consultation with the State of Louisiana''.

                               CHAPTER 4

                       DEPARTMENT OF THE TREASURY

                      Office of Inspector General


                         SALARIES AND EXPENSES

       For an additional amount to be available until September 
     30, 2009, $10,550,000 to carry out the provisions of the 
     Inspector General Act of 1978, including material loss 
     reviews in conjunction with bank failures.

                  COMMODITY FUTURES TRADING COMMISSION

                         Salaries and Expenses

       For an additional amount to carry out the provisions of the 
     Commodity Exchange Act (7 U.S.C. 1 et seq.), $13,100,000, of 
     which $5,100,000 shall remain available until September 30, 
     2009, and of which $8,000,000 shall remain available until 
     September 30, 2010.

                    GENERAL SERVICES ADMINISTRATION

                        Real Property Activities


                         FEDERAL BUILDINGS FUND

                      (limitation on availability)

       For an additional amount to be deposited in the Federal 
     Buildings Fund, $547,639,000, to be used by the Administrator 
     of General Services for GSA real property activities; of 
     which $201,000,000 shall be used for construction, repair and 
     alteration of border inspection facility projects for any 
     previously funded or authorized prospectus level project, for 
     which additional funding is required, to expire on September 
     30, 2009 and remain in the Federal Buildings Fund except for 
     funds for projects as to which funds for design or other 
     funds have been obligated in whole or in part prior to such 
     date; and of which $346,639,000 shall be used for the 
     development and construction of the St. Elizabeths campus in 
     the District of Columbia, to remain available until expended 
     and remain in the Federal Buildings Fund except for funds for 
     projects as to which funds for design or other funds have 
     been obligated in whole or in part prior to such date: 
     Provided, That each of the foregoing limits of costs on new 
     construction projects may be exceeded to the extent that 
     savings are effected in other such projects, but not to 
     exceed 10 percent of the amounts provided unless advance 
     approval is obtained from the Committees on Appropriations of 
     a greater amount.

                     SMALL BUSINESS ADMINISTRATION

                         Salaries and Expenses

       For an additional amount to be available until September 
     30, 2009, $4,000,000 for marketing, management, and technical 
     assistance under section 7(m)(4) of the Small Business Act 
     (15 U.S.C. 636(m)(4)) by intermediaries that make microloans 
     under the Microloan program.
       For an additional amount to be available until September 
     30, 2009, $600,000 for grants in the amount of $200,000 to 
     veterans business resource centers that received grants from 
     the National Veterans Business Development Corporation in 
     fiscal years 2006 and 2007.

                     Business Loans Program Account

       For an additional amount for the cost of direct loans, 
     $1,000,000, to remain available until September 30, 2009; and 
     for an additional amount for the cost of guaranteed loans, 
     $200,000,000, to remain available until September 30, 2009: 
     Provided, That of the amount for the cost of guaranteed 
     loans, $152,000,000 shall be for loan subsidies and loan 
     modifications for loans to small business concerns authorized 
     under section 1401 of this Act; $34,000,000 shall be for the 
     increased veteran participation pilot program

[[Page S9662]]

     under paragraph (33) of section 7(a) of the Small Business 
     Act (15 U.S.C. 636(a)), as redesignated by section 1401 of 
     this Act; and $14,000,000 shall be for the energy efficient 
     technologies pilot program under section 7(a)(32) of the 
     Small Business Act (15 U.S.C. 636(a)(32)): Provided further, 
     That such costs, including the cost of modifying such loans, 
     shall be as defined in section 502 of the Congressional 
     Budget Act of 1974.

        Administrative Provisions--Small Business Administration

       Sec. 1401. Economic Stimulus for Small Business Concerns. 
     (a) Reduction of Fees.--
       (1) In general.--Until September 30, 2009, and to the 
     extent the cost of such reduction in fees is offset by 
     appropriations, with respect to each loan guaranteed under 
     section 7(a) of Small Business Act (15 U.S.C. 636(a)) for 
     which the application is approved on or after the date of 
     enactment of this Act, the Administrator shall--
       (A) in lieu of the fee otherwise applicable under section 
     7(a)(23)(A) of the Small Business Act (15 U.S.C. 
     636(a)(23)(A)), collect an annual fee in an amount equal to a 
     maximum of .25 percent of the outstanding balance of the 
     deferred participation share of that loan;
       (B) in lieu of the fee otherwise applicable under section 
     7(a)(18)(A) of the Small Business Act (15 U.S.C. 
     636(a)(18)(A)), collect a guarantee fee in an amount equal to 
     a maximum of--
       (i) 1 percent of the deferred participation share of a 
     total loan amount that is not more than $150,000;
       (ii) 2.5 percent of the deferred participation share of a 
     total loan amount that is more than $150,000 and not more 
     than $700,000; and
       (iii) 3 percent of the deferred participation share of a 
     total loan amount that is more than $700,000; and
       (C) in lieu of the fee otherwise applicable under section 
     7(a)(18)(A)(iv) of the Small Business Act (15 U.S.C. 
     636(a)(18)(A)(iv)), collect no fee.
       (2) Implementation.--In carrying out this subsection, the 
     Administrator shall reduce the fees for a loan guaranteed 
     under section 7(a) of Small Business Act (15 U.S.C. 636(a)) 
     to the maximum extent possible, subject to the availability 
     of appropriations.
       (b) Technical Correction.--Section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)) is amended by redesignating 
     paragraph (32) relating to an increased veteran participation 
     pilot program, as added by section 208 of the Military 
     Reservist and Veteran Small Business Reauthorization and 
     Opportunity Act of 2008 (Public Law 110-186; 122 Stat. 631), 
     as paragraph (33).
       (c) Application of Fee Reductions.--The Administrator shall 
     reduce the fees under subsection (a) for any loan guarantee 
     subject to such subsection for which the application is 
     approved on or after the date of enactment of this Act, until 
     the amount provided for such purpose under the heading 
     ``Business Loans Program Account'' under the heading ``Small 
     Business Administration'' under this Act is expended.
       (d) Definitions.--In this section--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively; and
       (2) the term ``small business concern'' has the same 
     meaning as in section 3 of the Small Business Act (15 U.S.C. 
     632).
       Sec. 1402. None of the funds made available under this Act 
     or any other appropriations Act for any fiscal year may be 
     used by the Small Business Administration to implement the 
     proposed rule relating to women-owned small business Federal 
     contract assistance procedures published in the Federal 
     Register on December 27, 2007 (72 Fed. Reg. 73285 et seq.).

                               CHAPTER 5

                    DEPARTMENT OF HOMELAND SECURITY

              Office of the Under Secretary for Management

       For an additional amount for the ``Office of the Under 
     Secretary for Management'', $120,000,000, to remain available 
     until expended, solely for planning, design, and construction 
     costs to consolidate the Department of Homeland Security 
     headquarters.

                   U.S. Customs and Border Protection

       For an additional amount for ``Border Security, Fencing, 
     Infrastructure, and Technology'', $215,000,000, to remain 
     available until expended, for construction of border fencing 
     on the Southwest border.


                              CONSTRUCTION

       For an additional amount for ``Construction'', 
     $100,000,000, to remain available until expended, for the 
     purpose of repair and construction of inspection facilities 
     at land border ports of entry.

                              Coast Guard


              ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

       For an additional amount for ``Acquisition, Construction 
     and Improvements'' for the acquisition of a new polar 
     icebreaker or for necessary expenses related to the service 
     life extension of existing Coast Guard polar icebreakers, 
     $925,000,000, to remain available until expended.

                        Office of Health Affairs

       For an additional amount for the ``Office of Health 
     Affairs'', $27,000,000, to remain available until September 
     30, 2009, for the BioWatch environmental monitoring system.

                Federal Law Enforcement Training Center


     ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

       For an additional amount for ``Acquisitions, Construction, 
     Improvements, and Related Expenses'', $9,000,000, to remain 
     available until expended, for security upgrades to the 
     Federal Law Enforcement Training Center's border-related 
     training facilities.

                               CHAPTER 6

                    ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

       For an additional amount for ``Science and Technology'', 
     $10,600,000, to remain available until September 30, 2010, 
     for urgent bio-defense research activities.

                     Hazardous Substance Superfund

       For an additional amount for ``Hazardous Substance 
     Superfund'', $24,165,000, to remain available until expended, 
     for urgent decontamination and laboratory response 
     activities.

                   State and Tribal Assistance Grants

       For an additional amount for ``State and Tribal Assistance 
     Grants'', $600,000,000, to remain available until expended, 
     for making capitalization grants for the Clean Water State 
     Revolving Funds under title VI of the Federal Water Pollution 
     Control Act, as amended.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 1601. Secure Rural Schools Act Amendment. (a) For 
     fiscal year 2008, payments shall be made from any revenues, 
     fees, penalties, or miscellaneous receipts described in 
     sections 102(b)(3) and 103(b)(2) of the Secure Rural Schools 
     and Community Self-Determination Act of 2000 (Public Law 106-
     393; 16 U.S.C. 500 note), not to exceed $100,000,000, and the 
     payments shall be made, to the maximum extent practicable, in 
     the same amounts, for the same purposes, and in the same 
     manner as were made to States and counties in 2006 under that 
     Act.
       (b) There is appropriated $400,000,000, to remain available 
     until December 31, 2008, to be used to cover any shortfall 
     for payments made under this section from funds not otherwise 
     appropriated.
       (c) Titles II and III of Public Law 106-393 are amended, 
     effective September 30, 2006, by striking ``2007'' and 
     ``2008'' each place they appear and inserting ``2008'' and 
     ``2009'', respectively.
       Sec. 1602. Notwithstanding any other provision of law, 
     including section 152 of division A of H.R. 2638 (110th 
     Congress), the Consolidated Security, Disaster Assistance, 
     and Continuing Appropriations Act, 2009, the terms and 
     conditions contained in section 433 of division F of Public 
     Law 110-161 shall remain in effect for the fiscal year ending 
     September 30, 2009.

                               CHAPTER 7

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    Training and Employment Services

       For an additional amount for ``Training and Employment 
     Services'' under the Employment and Training Administration, 
     $600,000,000, for youth activities and dislocated worker 
     activities authorized by the Workforce Investment Act of 1998 
     (``WIA''): Provided, That $300,000,000 shall be for youth 
     activities and available for the period April 1, 2008 through 
     June 30, 2009: Provided further, That $300,000,000 shall be 
     for dislocated worker employment and training activities and 
     available for the period July 1, 2008 through June 30, 2009: 
     Provided further, That no portion of funds available under 
     this heading in this Act shall be reserved to carry out 
     section 127(b)(1)(A), section 128(a), or section 133(a) of 
     the WIA: Provided further, That the work readiness 
     performance indicator described in section 
     136(b)(2)(A)(ii)(I) of the WIA shall be the only measure of 
     performance used to assess the effectiveness of the youth 
     activities, and that the performance indicators in section 
     136(b)(2)(A)(i) of the WIA shall be the measures of 
     performance used to assess the effectiveness of the 
     dislocated worker activities funded with such funds.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Disease Control and Prevention


                DISEASE CONTROL, RESEARCH, AND TRAINING

       For an additional amount for ``Disease Control, Research, 
     and Training'', $46,000,000, to remain available through 
     September 30, 2009, of which $20,000,000 shall be to continue 
     and expand investigations to determine the root causes of 
     disease clusters, including but not limited to polycythemia 
     vera clusters; of which $21,000,000 shall be for the 
     prevention of and response to medical errors including 
     research, education and outreach activities; and of which 
     $5,000,000 shall be for responding to outbreaks of 
     communicable diseases related to the re-use of syringes in 
     outpatient clinics, including reimbursement of local health 
     departments for testing and genetic sequencing of persons 
     potentially exposed.

                     National Institutes of Health


                         OFFICE OF THE DIRECTOR

                     (including transfer of funds)

       For an additional amount for ``Office of the Director'', 
     $1,200,000,000, which shall be transferred to the Institutes 
     and Centers of the National Institutes of Health and to the 
     Common Fund established under section

[[Page S9663]]

     402A(c)(1) of the Public Health Service Act in proportion to 
     the appropriations otherwise made to such Institutes, 
     Centers, and Common Fund for fiscal year 2008: Provided, That 
     these funds shall be available through September 30, 2009: 
     Provided further, That these funds shall be used to support 
     additional scientific research and be available for the same 
     purposes as the appropriation or fund to which transferred: 
     Provided further, That this transfer authority is in addition 
     to any other transfer authority available to the National 
     Institutes of Health: Provided further, That none of these 
     funds may be transferred to ``National Institutes of Health--
     Buildings and Facilities'', the Center for Scientific Review, 
     the Center for Information Technology, the Clinical Center, 
     the Global Fund for HIV/AIDS, Tuberculosis and Malaria, or 
     the Office of the Director (except for the transfer to the 
     Common Fund).

                        Administration on Aging


                        AGING SERVICES PROGRAMS

       For an additional amount for ``Aging Services Programs'', 
     $60,000,000, of which $40,750,000 shall be for Congregate 
     Nutrition Services and $19,250,000 shall be for Home-
     Delivered Nutrition Services: Provided, That these funds 
     shall remain available through September 30, 2009.

                        Office of the Secretary


            Public Health and Social Services Emergency Fund

                     (Including Transfer of Funds)

       For an additional amount for the ``Public Health and Social 
     Services Emergency Fund'' to support activities related to 
     countering potential biological, nuclear, radiological and 
     chemical threats to civilian populations, and for other 
     public health emergencies, $542,000,000, to remain available 
     through September 30, 2009: Provided, That $473,000,000 is 
     for advanced research and development of medical 
     countermeasures and ancillary products: Provided further, 
     That $50,000,000 is available to support the delivery of 
     medical countermeasures, of which up to $20,000,000 may be 
     made available to the United States Postal Service to support 
     such delivery.
       For an additional amount for the ``Public Health and Social 
     Services Emergency Fund'' to prepare for and respond to an 
     influenza pandemic, $363,000,000, to remain available through 
     September 30, 2009 for activities including the development 
     and purchase of vaccine, antivirals, necessary medical 
     supplies, diagnostics, and other surveillance tools: 
     Provided, That products purchased with these funds may, at 
     the discretion of the Secretary, be deposited in the 
     Strategic National Stockpile: Provided further, That 
     notwithstanding section 496(b) of the Public Health Service 
     Act, funds may be used for the construction or renovation of 
     privately owned facilities for the production of pandemic 
     influenza vaccines and other biologics, where the Secretary 
     finds such a contract necessary to secure sufficient supplies 
     of such vaccines or biologics: Provided further, That funds 
     appropriated herein may be transferred to other appropriation 
     accounts of the Department of Health and Human Services, as 
     determined by the Secretary to be appropriate, to be used for 
     the purposes specified in this sentence.

                        DEPARTMENT OF EDUCATION

       For carrying out section 1702 of this Act, $2,000,000,000, 
     which shall be available for obligation from July 1, 2008 
     through September 30, 2009.


                      School Improvement Programs

       For an additional amount for ``School Improvement 
     Programs'', $36,000,000, for carrying out activities 
     authorized by subtitle B of title VII of the McKinney-Vento 
     Homeless Assistance Act: Provided, That the Secretary shall 
     make such funds available on a competitive basis to local 
     educational agencies that demonstrate a high need for such 
     assistance: Provided further, That these funds shall remain 
     available through September 30, 2009.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 1701. Report on the Impact of Past and Future Minimum 
     Wage Increases. (a) In General.--Section 8104 of the U.S. 
     Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq 
     Accountability Appropriations Act, 2007 (Public Law 110-28; 
     121 Stat. 189) is amended to read as follows:

     ``SEC. 8104. REPORT ON THE IMPACT OF PAST AND FUTURE MINIMUM 
                   WAGE INCREASES.

       ``(a) Study.--Beginning on the date that is 60 days after 
     the date of enactment of this Act, and every year thereafter 
     until the minimum wage in the respective territory is $7.25 
     per hour, the Government Accountability Office shall conduct 
     a study to--
       ``(1) assess the impact of the minimum wage increases that 
     occurred in American Samoa and the Commonwealth of the 
     Northern Mariana Islands in 2007 and 2008, as required under 
     Public Law 110-28, on the rates of employment and the living 
     standards of workers, with full consideration of the other 
     factors that impact rates of employment and the living 
     standards of workers such as inflation in the cost of food, 
     energy, and other commodities; and
       ``(2) estimate the impact of any further wage increases on 
     rates of employment and the living standards of workers in 
     American Samoa and the Commonwealth of the Northern Mariana 
     Islands, with full consideration of the other factors that 
     may impact the rates of employment and the living standards 
     of workers, including assessing how the profitability of 
     major private sector firms may be impacted by wage increases 
     in comparison to other factors such as energy costs and the 
     value of tax benefits.
       ``(b) Report.--No earlier than March 15, 2009, and not 
     later than April 15, 2009, the Government Accountability 
     Office shall transmit its first report to Congress concerning 
     the findings of the study required under subsection (a). The 
     Government Accountability Office shall transmit any 
     subsequent reports to Congress concerning the findings of a 
     study required by subsection (a) between March 15 and April 
     15 of each year.
       ``(c) Economic Information.--To provide sufficient economic 
     data for the conduct of the study under subsection (a)--
       ``(1) the Department of Labor shall include and separately 
     report on American Samoa and the Commonwealth of the Northern 
     Mariana Islands in its household surveys and establishment 
     surveys;
       ``(2) the Bureau of Economic Analysis of the Department of 
     Commerce shall include and separately report on American 
     Samoa and the Commonwealth of the Northern Mariana Islands in 
     its gross domestic product data; and
       ``(3) the Bureau of the Census of the Department of 
     Commerce shall include and separately report on American 
     Samoa and the Commonwealth of the Northern Mariana Islands in 
     its population estimates and demographic profiles from the 
     American Community Survey,
     with the same regularity and to the same extent as the 
     Department or each Bureau collects and reports such data for 
     the 50 States. In the event that the inclusion of American 
     Samoa and the Commonwealth of the Northern Mariana Islands in 
     such surveys and data compilations requires time to structure 
     and implement, the Department of Labor, the Bureau of 
     Economic Analysis, and the Bureau of the Census (as the case 
     may be) shall in the interim annually report the best 
     available data that can feasibly be secured with respect to 
     such territories. Such interim reports shall describe the 
     steps the Department or the respective Bureau will take to 
     improve future data collection in the territories to achieve 
     comparability with the data collected in the United States. 
     The Department of Labor, the Bureau of Economic Analysis, and 
     the Bureau of the Census, together with the Department of the 
     Interior, shall coordinate their efforts to achieve such 
     improvements.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of enactment of this Act.
       Sec. 1702. Grants for School Renovation. (a) Allocation of 
     Funds.--
       (1) Reservation.--From the funds appropriated to carry out 
     this section for a fiscal year, the Secretary shall reserve 1 
     percent to provide assistance under this section to the 
     outlying areas and for payments to the Secretary of the 
     Interior to provide assistance consistent with this section 
     to schools funded by the Bureau of Indian Education. Funds 
     reserved under this subsection shall be distributed by the 
     Secretary among the outlying areas and the Secretary of the 
     Interior on the basis of their relative need, as determined 
     by the Secretary, in accordance with the purposes of this 
     section.
       (2) Allocation to state educational agencies.--After making 
     the reservation described in paragraph (1), from the 
     remainder of the appropriated funds described in paragraph 
     (1), the Secretary shall allocate to each State educational 
     agency serving a State an amount that bears the same relation 
     to the remainder for the fiscal year as the amount the State 
     received under part A of title I of such Act for fiscal year 
     2008 bears to the amount all States received under such part 
     for fiscal year 2008, except that no such State educational 
     agency shall receive less than 0.5 percent of the amount 
     allocated under this paragraph.
       (b) Within-State Allocations.--
       (1) Administrative costs.--
       (A) State educational agency administration.--Except as 
     provided in subparagraph (C), each State educational agency 
     may reserve not more than 1 percent of its allocation under 
     subsection (a)(2) or $1,000,000, whichever is less, for the 
     purpose of administering the distribution of grants under 
     this subsection.
       (B) Required uses.--The State educational agency shall use 
     a portion of the reserved funds to establish or support a 
     State-level database of public school facility inventory, 
     condition, design, and utilization.
       (C) State entity administration.--If the State educational 
     agency transfers funds to a State entity described in 
     paragraph (2)(A), the State educational agency shall transfer 
     to such entity 0.75 of the amount reserved under this 
     paragraph for the purpose of administering the distribution 
     of grants under this subsection.
       (2) Reservation for competitive school repair and 
     renovation grants to local educational agencies.--
       (A) In general.--Subject to the reservation under paragraph 
     (1), of the funds allocated to a State educational agency 
     under subsection (a)(2), the State educational agency shall 
     distribute 100 percent of such funds to local educational 
     agencies or, if such State educational agency is not 
     responsible for the financing of education facilities, the 
     State educational agency shall transfer such funds to the 
     State entity responsible for the financing of education 
     facilities (referred to in this section as the ``State 
     entity'') for distribution by such entity to local 
     educational agencies in accordance with this paragraph,

[[Page S9664]]

     to be used, consistent with subsection (c), for school repair 
     and renovation.
       (B) Competitive grants to local educational agencies.--The 
     State educational agency or State entity shall carry out a 
     program awarding grants, on a competitive basis, to local 
     educational agencies for the purpose described in 
     subparagraph (A). Of the total amount available for 
     distribution to local educational agencies under this 
     paragraph, the State educational agency or State entity, 
     shall, in carrying out the grant competition--
       (i) award to high-need local educational agencies, in the 
     aggregate, at least an amount which bears the same 
     relationship to such total amount as the aggregate amount 
     such high-need local educational agencies received under part 
     A of title I of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6311 et seq.) for fiscal year 2008 bears to 
     the aggregate amount received for such fiscal year under such 
     part by all local educational agencies in the State;
       (ii) award to rural local educational agencies in the 
     State, in the aggregate, at least an amount which bears the 
     same relationship to such total amount as the aggregate 
     amount such rural local educational agencies received under 
     such part for fiscal year 2008 bears to the aggregate amount 
     received for such fiscal year under such part by all local 
     educational agencies in the State; and
       (iii) award the remaining funds to local educational 
     agencies not receiving an award under clause (i) or (ii), 
     including high-need local educational agencies and rural 
     local educational agencies that did not receive such an 
     award.
       (C) Criteria for awarding grants.--In awarding competitive 
     grants under this paragraph, a State educational agency or 
     State entity shall take into account the following criteria:
       (i) Percentage of poor children.--The percentage of poor 
     children 5 to 17 years of age, inclusive, in a local 
     educational agency.
       (ii) Need for school repair and renovation.--The need of a 
     local educational agency for school repair and renovation, as 
     demonstrated by the condition of the public school facilities 
     of the local educational agency.
       (iii) Fiscal capacity.--The fiscal capacity of a local 
     educational agency to meet the needs of the local educational 
     agency for repair and renovation of public school facilities 
     without assistance under this section, including the ability 
     of the local educational agency to raise funds through the 
     use of local bonding capacity and otherwise.
       (iv) Charter school access to funding.--In the case of a 
     local educational agency that proposes to fund a repair or 
     renovation project for a charter school, the extent to which 
     the school has access to funding for the project through the 
     financing methods available to other public schools or local 
     educational agencies in the State.
       (v) Likelihood of maintaining the facility.--The likelihood 
     that the local educational agency will maintain, in good 
     condition, any facility whose repair or renovation is 
     assisted under this section.
       (D) Matching requirement.--
       (i) In general.--A State educational agency or State entity 
     shall require local educational agencies to match funds 
     awarded under this subsection.
       (ii) Match amount.--The amount of a match described in 
     clause (i) may be established by using a sliding scale that 
     takes into account the relative poverty of the population 
     served by the local educational agency.
       (c) Rules Applicable to School Repair and Renovation.--With 
     respect to funds made available under this section that are 
     used for school repair and renovation, the following rules 
     shall apply:
       (1) Permissible uses of funds.--School repair and 
     renovation shall be limited to 1 or more of the following:
       (A) Emergency repairs or renovations.--Emergency repairs or 
     renovations to public school facilities only to ensure the 
     health and safety of students and staff, including--
       (i) repairing, replacing, or installing roofs, windows, 
     doors, electrical wiring, plumbing systems, or sewage 
     systems;
       (ii) repairing, replacing, or installing heating, 
     ventilation, or air conditioning systems (including 
     insulation); and
       (iii) bringing public schools into compliance with fire and 
     safety codes.
       (B) Modifications for compliance with the americans with 
     disabilities act of 1990.--School facilities modifications 
     necessary to render public school facilities accessible in 
     order to comply with the Americans with Disabilities Act of 
     1990 (42 U.S.C. 12101 et seq.).
       (C) Modifications for compliance with section 504 of the 
     rehabilitation act of 1973.--School facilities modifications 
     necessary to render public school facilities accessible in 
     order to comply with section 504 of the Rehabilitation Act of 
     1973 (29 U.S.C. 794).
       (D) Asbestos abatement or removal.--Asbestos abatement or 
     removal from public school facilities.
       (E) Charter school building infrastructure.--Renovation and 
     repair needs related to the building infrastructure of a 
     charter school.
       (2) Impermissible uses of funds.--No funds received under 
     this section may be used for--
       (A) payment of maintenance costs in connection with any 
     projects constructed in whole or part with Federal funds 
     provided under this section;
       (B) the construction of new facilities; or
       (C) stadiums or other facilities primarily used for 
     athletic contests or exhibitions or other events for which 
     admission is charged to the general public.
       (3) Supplement, not supplant.--Excluding the uses described 
     in subparagraphs (B) and (C) of paragraph (1), a local 
     educational agency shall use Federal funds subject to this 
     subsection only to supplement the amount of funds that would, 
     in the absence of such Federal funds, be made available from 
     non-Federal sources for school repair and renovation.
       (d) Qualified Bidders; Competition.--Each local educational 
     agency that receives funds under this section shall ensure 
     that, if the local educational agency carries out repair or 
     renovation through a contract, any such contract process 
     ensures the maximum number of qualified bidders, including 
     small, minority, and women-owned businesses, through full and 
     open competition.
       (e) Reporting.--
       (1) Local reporting.--Each local educational agency 
     receiving funds made available under subsection (a)(2) shall 
     submit a report to the State educational agency, at such time 
     as the State educational agency may require, describing the 
     use of such funds for school repair and renovation.
       (2) State reporting.--Each State educational agency 
     receiving funds made available under subsection (a)(2) shall 
     submit to the Secretary, not later than December 31, 2010, a 
     report on the use of funds received under subsection 
     (a)(2) and made available to local educational agencies 
     for school repair and renovation.
       (f) Reallocation.--If a State educational agency does not 
     apply for an allocation of funds under subsection (a)(2) for 
     a fiscal year, or does not use its entire allocation for such 
     fiscal year, then the Secretary may reallocate the amount of 
     the State educational agency's allocation (or the remainder 
     thereof, as the case may be) for such fiscal year to the 
     remaining State educational agencies in accordance with 
     subsection (a)(2).
       (g) Definitions.--For purposes of this section:
       (1) Charter school.--The term ``charter school'' has the 
     meaning given the term in section 5210 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7221i).
       (2) High-need local educational agency.--The term ``high-
     need local educational agency'' has the meaning given the 
     term in section 2102(3)(A) of such Act (20 U.S.C. 
     6602(3)(A)).
       (3) Local educational agency; secretary; state educational 
     agency.--The terms ``local educational agency'', 
     ``Secretary'', and ``State educational agency'' have the 
     meanings given the terms in section 9101 of such Act (20 
     U.S.C. 7801).
       (4) Outlying area.--The term ``outlying area'' has the 
     meaning given the term in section 1121(c) of such Act (20 
     U.S.C. 6331(c)).
       (5) Poor children.--The term ``poor children'' refers to 
     children 5 to 17 years of age, inclusive, who are from 
     families with incomes below the poverty line (as defined by 
     the Office of Management and Budget and revised annually in 
     accordance with section 673(2) of the Community Services 
     Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of 
     the size involved for the most recent fiscal year for which 
     data satisfactory to the Secretary are available.
       (6) Rural local educational agency.--The term ``rural local 
     educational agency'' means a local educational agency that 
     the State determines is located in a rural area using 
     objective data and a commonly employed definition of the term 
     ``rural''.
       (7) State.--The term ``State'' means each of the several 
     states of the United States, the District of Columbia, and 
     the Commonwealth of Puerto Rico.
       Sec. 1703. Restoration of Access to Nominal Drug Pricing 
     for Certain Clinics and Health Centers. (a) In general.--
     Section 1927(c)(1)(D) of the Social Security Act (42 U.S.C. 
     Sec. 1396r-8(c)(1)(D)), as added by section 6001(d)(2) of the 
     Deficit Reduction Act of 2005 (Public Law 109-171), is 
     amended--
       (1) in clause (i)--
       (A) by redesignating subclause (IV) as subclause (VI); and
       (B) by inserting after subclause (III) the following:

       ``(IV) An entity that--

       ``(aa) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Act or is State-owned or operated; and
       ``(bb) would be a covered entity described in section 
     340(B)(a)(4) of the Public Health Service Act insofar as the 
     entity provides the same type of services to the same type of 
     populations as a covered entity described in such section 
     provides, but does not receive funding under a provision of 
     law referred to in such section.

       ``(V) A public or nonprofit entity, or an entity based at 
     an institution of higher learning whose primary purpose is to 
     provide health care services to students of that institution, 
     that provides a service or services described under section 
     1001(a) of the Public Health Service Act.''; and

         (2) by adding at the end the following new clause:
       ``(iv) Rule of construction.--Nothing in this subparagraph 
     shall be construed to alter any existing statutory or 
     regulatory prohibition on services with respect to an entity 
     described in subclause (IV) or (V) of clause (i),

[[Page S9665]]

     including the prohibition set forth in section 1008 of the 
     Public Health Service Act.''.
       (b) Effective date.--The amendments made by this section 
     shall take effect as if included in the amendment made by 
     section 6001(d)(2) of the Deficit Reduction Act of 2005.

                               CHAPTER 8

                           LEGISLATIVE BRANCH

                             CAPITOL POLICE

                            General Expenses

       For an additional amount for ``Capitol Police, General 
     Expenses'', $55,000,000 for costs associated with a radio 
     modernization system, to remain available until expended: 
     Provided, That the Chief of the Capitol Police may not 
     obligate any of the funds appropriated under this heading 
     without approval of an obligation plan by the Committees on 
     Appropriations of the Senate and the House of 
     Representatives.

                               CHAPTER 9

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration


        SUPPLEMENTAL DISCRETIONARY GRANTS FOR AIRPORT INVESTMENT

       For an additional amount for capital expenditures 
     authorized under section 47102(3) of title 49, United States 
     Code, $400,000,000, to remain available until September 30, 
     2009: Provided, That the Secretary of Transportation shall 
     distribute funds provided under this heading as discretionary 
     grants to airports that demonstrate to her satisfaction their 
     ability to obligate these funds within 180 days of the date 
     of such distribution and shall serve to supplement and not 
     supplant planned expenditures from airport-generated revenues 
     or from other State and local sources on such activities: 
     Provided further, That no funds provided under this heading 
     shall be used for activities not identified on an airport 
     layout plan: Provided further, That projects conducted using 
     funds provided under this heading must comply with the 
     requirements of subchapter IV of chapter 31 of title 40, 
     United States Code.

                     Federal Highway Administration


    SUPPLEMENTAL GRANTS TO STATES FOR FEDERAL-AID HIGHWAY INVESTMENT

       For an additional amount for restoration, repair, 
     construction and other activities eligible under paragraph 
     (b) of section 133 of title 23, United States Code, 
     $8,000,000,000, to remain available until September 30, 2009: 
     Provided, That such funds shall be apportioned to States 
     using the formula set forth in section 104(b)(3) of such 
     title: Provided further, That funding provided under this 
     heading shall be in addition to any and all funds provided 
     for fiscal years 2008 and 2009 in any other Act for 
     ``Federal-aid Highways'' and shall not affect the 
     distribution of funds provided for ``Federal-aid Highways'' 
     in any other Act: Provided further, That the Secretary of 
     Transportation shall institute measures to ensure that funds 
     provided under this heading shall be obligated within 90 days 
     of the date of their apportionment, and shall serve to 
     supplement and not supplant planned expenditures by States 
     and localities on such activities from other Federal, State, 
     and local sources: Provided further, That 90 days following 
     the date of such apportionment, the Secretary shall withdraw 
     and redistribute any unobligated funds utilizing whatever 
     method she deems appropriate to ensure that all funds 
     provided under this heading shall be obligated promptly: 
     Provided further, That projects conducted using funds 
     provided under this heading must comply with the requirements 
     of subchapter IV of chapter 31 of title 40, United States 
     Code: Provided further, That for the purposes of the 
     definition of States for this paragraph, sections 101(a)(32) 
     of title 23, United States Code, shall apply.

                    Federal Railroad Administration


    SUPPLEMENTAL CAPITAL GRANTS TO THE NATIONAL RAILROAD PASSENGER 
                              CORPORATION

       For an additional amount for the immediate investment in 
     capital projects necessary to maintain and improve national 
     intercity passenger rail service, $350,000,000, to remain 
     available until September 30, 2009: Provided, That funds made 
     available under this heading shall be allocated directly to 
     the corporation for the purpose of immediate investment in 
     capital projects including the rehabilitation of rolling 
     stock for the purpose of expanding passenger rail capacity: 
     Provided further, that the Board of Directors shall take 
     measures to ensure that funds provided under this heading 
     shall be obligated within 180 days of the enactment of this 
     Act and shall serve to supplement and not supplant planned 
     expenditures for such activities from other Federal, State, 
     local and corporate sources: Provided further, That said 
     Board of Directors shall certify to the House and Senate 
     Committees on Appropriations in writing their compliance with 
     the preceding proviso: Provided further, That not more than 
     50 percent of the funds provided under this heading may be 
     used for capital projects along the Northeast Corridor.

                     Federal Transit Administration


    SUPPLEMENTAL DISCRETIONARY GRANTS FOR PUBLIC TRANSIT INVESTMENT

       For an additional amount for capital expenditures 
     authorized under section 5302(a)(1) of title 49, United 
     States Code, $2,000,000,000, to remain available until 
     September 30, 2009: Provided, That the Secretary of 
     Transportation shall apportion funds provided under this 
     heading based on the formula set forth in subsections (a) 
     through (c) of section 5336 of title 49, United States Code: 
     Provided further, That the Secretary shall take such measures 
     necessary to ensure that the minimum amount of funding 
     distributed under this heading to any individual transit 
     authority shall not be less than $100,000: Provided further, 
     That the Secretary of Transportation shall institute measures 
     to ensure that funds provided under this heading shall be 
     obligated within 90 days of the date of their apportionment, 
     and shall serve to supplement and not supplant planned 
     expenditures by States and localities on such activities from 
     other Federal, State and local sources as well as transit 
     authority revenues: Provided further, That 90 days following 
     the date of such apportionment, the Secretary shall withdraw 
     and redistribute any unobligated funds utilizing whatever 
     method she deems appropriate to ensure that all funds 
     provided under this paragraph shall be obligated promptly: 
     Provided further, That the Secretary of Transportation shall 
     make such funds available to pay for operating expenses to 
     the extent that a transit authority demonstrates to her 
     satisfaction that such funds are necessary to continue 
     current services or expand such services to meet increased 
     ridership: Provided further, That the funds appropriated 
     under this heading shall be subject to section 5333(a) of 
     title 49, United States Code but shall not be comingled with 
     funds available under the Formula and Bus Grants account.

                        Maritime Administration


         SUPPLEMENTAL GRANTS for ASSISTANCE TO SMALL SHIPYARDS

       For an additional amount to make grants to qualified 
     shipyards as authorized under section 3506 of Public Law 109-
     163 or section 54101 of title 46, United States Code, 
     $44,000,000, to remain available until September 30, 2009: 
     Provided, That the Secretary of Transportation shall 
     institute measures to ensure that funds provided under this 
     heading shall be obligated within 180 days of the date of 
     their apportionment: Provided further, That not to exceed 2 
     percent of the funds appropriated under this heading shall be 
     available for necessary costs of grant administration.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

    Supplemental Grants to Public Housing Agencies for Capital Needs

       For an additional amount for discretionary grants to public 
     housing agencies for capital expenditures permitted under 
     section 9(d)(1) of the United States Housing Act of 1937, as 
     amended, $250,000,000, to remain available until September 
     30, 2009: Provided, That in allocating discretionary grants 
     under this paragraph, the Secretary of Housing and Urban 
     Development shall give priority consideration to the 
     rehabilitation of vacant rental units: Provided further, That 
     notwithstanding any other provision of law, the Secretary 
     shall institute measures to ensure that funds provided under 
     this paragraph shall be obligated within 180 days of the date 
     of enactment of this Act and shall serve to supplement and 
     not supplant expenditures from other Federal, State, or local 
     sources or funds independently generated by the grantee: 
     Provided further, That in administering funds provided in 
     this paragraph, the Secretary may waive any provision of any 
     statute or regulation that the Secretary administers in 
     connection with the obligation by the Secretary or the use by 
     the recipient of these funds (except for requirements related 
     to fair housing, nondiscrimination, labor standards, and the 
     environment), upon a finding that such waiver is required to 
     facilitate the timely use of such funds.


SUPPLEMENTAL GRANTS TO PUBLIC HOUSING AGENCIES FOR EXTRAORDINARY ENERGY 
                                 COSTS

       For an additional amount for discretionary grants to public 
     housing agencies for operating expenses permitted under 
     section 9(e) of the United States Housing Act of 1937 (42 
     U.S.C. 1437g(e)), $200,000,000, to remain available until 
     September 30, 2009: Provided, That funding provided under 
     this heading shall be used to cover extraordinary energy 
     costs: Provided further, That to be eligible for such grants, 
     public housing agencies must demonstrate to the satisfaction 
     of the Secretary a significant increase in energy costs 
     associated with operating and maintaining public housing: 
     Provided further, That notwithstanding any other provision of 
     law, the Secretary shall institute measures to ensure that 
     funds provided under this paragraph shall be allocated to 
     those public housing agencies most in need of such assistance 
     and that such funds shall be obligated within 180 days of the 
     date of enactment of this Act: Provided further, That in 
     administering funds provided in this paragraph, the Secretary 
     may waive any provision of any statute or regulation that the 
     Secretary administers in connection with the obligation by 
     the Secretary or the use by the recipient of these funds 
     (except for requirements related to fair housing, 
     nondiscrimination, labor standards and the environment), upon 
     a finding that such a waiver is required to facilitate the 
     timely use of such funds.


        HOUSING ASSISTANCE FOR TENANTS DISPLACED BY FORECLOSURE

       For an additional amount for grants to public housing 
     agencies or grantees participating in Continuums of Care 
     receiving assistance through existing Housing and Urban 
     Development programs, for the purpose of providing relocation 
     and temporary housing assistance to individuals and families 
     that

[[Page S9666]]

     reside in dwelling units that have been foreclosed upon, or 
     are in default and where foreclosure is imminent, 
     $200,000,000, to be available until September 30, 2009: 
     Provided, That the Secretary of Housing and Urban Development 
     shall allocate amounts made available under this heading to 
     grantees located in areas with the greatest number and 
     percentage of homes in default or delinquency and the 
     greatest number and percentage of homes in foreclosure: 
     Provided further, That funding made available under this 
     heading may be used for temporary rental assistance, first 
     and last month's rent, security deposit, case management 
     services, or other appropriate services necessary to assist 
     eligible individuals or families in finding safe and 
     affordable permanent housing: Provided further, That the 
     Secretary shall provide notice of the availability of funding 
     provided under this heading within 60 days of the enactment 
     of this Act.

                     Federal Housing Administration


                         Information Technology

       For an additional amount to maintain, modernize and improve 
     technology systems and infrastructure for the Federal Housing 
     Administration, $37,000,000, to remain available until 
     September 30, 2009: Provided, That these funds shall serve to 
     supplement and not supplant planned expenditures for the 
     Federal Housing Administration for information technology 
     maintenance and development funding provided through the 
     Departmental Working Capital Fund.


                         Salaries and Expenses

       For an additional amount for salaries and expenses for the 
     Federal Housing Administration, $15,000,000, to remain 
     available until September 30, 2009: Provided, That of the 
     total amount provided under this paragraph, not less than 
     $13,000,000 shall be made available under the heading 
     ``Housing Personnel Compensation and Benefits'' and up to 
     $2,000,000 shall be made available under the heading 
     ``Management and Administration, Administration, Operations 
     and Management'': Provided further, That with funding 
     provided under this paragraph, the Federal Housing 
     Administration Commissioner is hereby authorized to take such 
     actions and perform such functions as necessary regarding the 
     hiring of personnel for performing functions of the Federal 
     Housing Administration within the Office of Housing.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 1901. Section 5309(g)(4)(A) of title 49, United States 
     Code, is amended by striking ``or an amount equivalent to the 
     last 3 fiscal years of funding allocated under subsections 
     (m)(1)(A) and (m)(2)(A)(ii)'' and inserting ``or the sum of 
     the funds available for the next three fiscal years beyond 
     the current fiscal year, assuming an annual growth of the 
     program of 10 percent''.
       Sec. 1902. No funds provided in this Act or any other Act 
     may be used by the Secretary of Transportation to take any 
     action regarding airline operations at any United States 
     commercial airport that involves:
       (1) auction, sale, lease, or the imposition of any charge 
     or fee, by the Secretary or the Federal Aviation 
     Administrator, for rights, authorization or permission by 
     them to conduct flight operations at, or in the navigable 
     airspace of, any such airport;
       (2) implementing or facilitating any such auction, sale or 
     lease, or the imposition of any such charge or fee by the 
     Secretary or the Administrator initiated prior to enactment 
     of this Act; or
       (3) the withdrawal or involuntary transfer by the Secretary 
     or Administrator of rights, authorizations or permissions to 
     operate at, or in the navigable airspace of, any such airport 
     for the purpose of the auction, sale or lease of such rights, 
     authorizations or permissions, or the imposition by the 
     Secretary or Administrator of any charge or fee for such 
     rights, authorization or permission.

           TITLE II--NUTRITION PROGRAMS FOR ECONOMIC STIMULUS

     SEC. 2001. NUTRITION PROGRAMS FOR ECONOMIC STIMULUS.

       (a) Maximum Benefit Increase.--
       (1) In general.--Beginning with the first month that begins 
     not less than 25 days after the date of enactment of this 
     Act, the Secretary of Agriculture (referred to in this 
     section as the ``Secretary'') shall increase the cost of the 
     thrifty food plan for purposes of section 8(a) of the Food 
     and Nutrition Act of 2008 (7 U.S.C. 2017(a)) by 10 percent.
       (2) Termination of effectiveness.--The authority provided 
     by this subsection terminates and has no effect, effective on 
     October 1, 2009.
       (b) Requirements for the Secretary.--In carrying out this 
     section, the Secretary shall--
       (1) consider the benefit increase described in subsection 
     (a) to be a ``mass change'';
       (2) require a simple process for States to notify 
     households of the increase in benefits;
       (3) consider section 16(c)(3)(A) of the Food and Nutrition 
     Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to apply to any errors 
     in the implementation of this section, without regard to the 
     120-day limit described in that section; and
       (4) disregard the value of benefits resulting from this 
     section in any required calculations or estimates of benefits 
     if the Secretary determines it is necessary to ensure 
     efficient administration of programs authorized under the 
     Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or 
     other Federal programs.
       (c) State Administrative Expenses.--
       (1) In general.--For the costs of State administrative 
     expenses associated with carrying out this section, the 
     Secretary shall make available $50,000,000, to remain 
     available until expended.
       (2) Availability of funds.--Funds described in paragraph 
     (1) shall be made available to State agencies based on each 
     State's share of households that participate in the 
     supplemental nutrition assistance program established under 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
       (3) Consolidated block grants for puerto rico and american 
     samoa.--For fiscal year 2009, the Secretary shall increase by 
     10 percent the amount available for nutrition assistance for 
     eligible households under the consolidated block grants for 
     Puerto Rico and American Samoa under section 19 of the Food 
     and Nutrition Act of 2008 (7 U.S.C. 2028).
       (d) Funding.--There are hereby appropriated to the 
     Secretary such sums as are necessary to carry out this 
     section, to remain available until September 30, 2010.

                     TITLE III--STATE FISCAL RELIEF

     SEC. 3001. TEMPORARY INCREASE OF MEDICAID FMAP.

       (a) Permitting Maintenance of Fiscal Year 2008 Fmap for 
     Fiscal Year 2009.--Subject to subsections (d), (e), and (f), 
     if the FMAP determined without regard to this section for a 
     State for fiscal year 2009 is less than the FMAP as so 
     determined for fiscal year 2008, the FMAP for the State for 
     fiscal year 2008 shall be substituted for the State's FMAP 
     for fiscal year 2009, before the application of this section.
       (b) Permitting Maintenance of Fiscal Year 2009 Fmap for 
     First Quarter of Fiscal Year 2010.--Subject to subsections 
     (d), (e), and (f), if the FMAP determined without regard to 
     this section for a State for fiscal year 2010 is less than 
     the FMAP as so determined for fiscal year 2009, the FMAP for 
     the State for fiscal year 2009 shall be substituted for the 
     State's FMAP for the first calendar quarter of fiscal year 
     2010, before the application of this section.
       (c) General 4 Percentage Points Increase for Fiscal Year 
     2009 and First Calendar Quarter of Fiscal Year 2010.--
       (1) In general.--Subject to subsections (d), (e), and (f), 
     for each State for fiscal year 2009 and for the first 
     calendar quarter of fiscal year 2010, the FMAP (taking into 
     account the application of subsections (a) and (b)) shall be 
     increased by 4.0 percentage points.
       (2) Increase in cap on medicaid payments to territories.--
     Subject to subsections (e) and (f), with respect to fiscal 
     year 2009 and the first calendar quarter of fiscal year 2010, 
     the amounts otherwise determined for Puerto Rico, the Virgin 
     Islands, Guam, the Northern Mariana Islands, and American 
     Samoa under subsections (f) and (g) of section 1108 of the 
     Social Security Act (42 U.S.C. 1308) shall each be increased 
     by an amount equal to 4.0 percent of such amounts.
       (d) Scope of Application.--The increases in the FMAP for a 
     State under this section shall apply only for purposes of 
     title XIX of the Social Security Act and shall not apply with 
     respect to--
       (1) disproportionate share hospital payments described in 
     section 1923 of such Act (42 U.S.C. 1396r-4);
       (2) payments under title IV or XXI of such Act (42 U.S.C. 
     601 et seq. and 1397aa et seq.); or
       (3) any payments under title XIX of such Act that are based 
     on the enhanced FMAP described in section 2105(b) of such Act 
     (42 U.S.C. 1397ee(b)).
       (e) State Ineligibility.--
       (1) In general.--Subject to paragraph (2), a State is not 
     eligible for an increase in its FMAP under subsection (c)(1), 
     or an increase in a cap amount under subsection (c)(2), if 
     the eligibility under its State plan under title XIX of the 
     Social Security Act (including any waiver under such title or 
     under section 1115 of such Act (42 U.S.C. 1315)) is more 
     restrictive than the eligibility under such plan (or waiver) 
     as in effect on September 1, 2008.
       (2) State reinstatement of eligibility permitted.--A State 
     that has restricted eligibility under its State plan under 
     title XIX of the Social Security Act (including any waiver 
     under such title or under section 1115 of such Act (42 U.S.C. 
     1315)) after September 1, 2008, is no longer ineligible under 
     paragraph (1) beginning with the first calendar quarter in 
     which the State has reinstated eligibility that is no more 
     restrictive than the eligibility under such plan (or 
     waiver) as in effect on September 1, 2008.
       (3) Rule of construction.--Nothing in paragraph (1) or (2) 
     shall be construed as affecting a State's flexibility with 
     respect to benefits offered under the State Medicaid program 
     under title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.) (including any waiver under such title or under section 
     1115 of such Act (42 U.S.C. 1315)).
       (f) Requirements.--
       (1) In general.--A State may not use the additional Federal 
     funds paid to the State as a result of this section for 
     purposes of increasing any reserve or rainy day fund 
     maintained by the State.
       (2) Additional requirement for certain states.--In the case 
     of a State that requires political subdivisions within the 
     State to contribute toward the non-Federal share of 
     expenditures under the State Medicaid plan required under 
     section 1902(a)(2) of the Social Security Act (42 U.S.C. 
     1396a(a)(2)), the State is not eligible for an increase in 
     its FMAP under subsection (c)(1), or an increase in a

[[Page S9667]]

     cap amount under subsection (c)(2), if it requires that such 
     political subdivisions pay a greater percentage of the non-
     Federal share of such expenditures for fiscal year 2009, and 
     the first calendar quarter of fiscal year 2010, than the 
     percentage that would have been required by the State under 
     such plan on September 1, 2008, prior to application of this 
     section.
       (g) Definitions.--In this section:
       (1) FMAP.--The term ``FMAP'' means the Federal medical 
     assistance percentage, as defined in section 1905(b) of the 
     Social Security Act (42 U.S.C. 1396d(b)).
       (2) State.--The term ``State'' has the meaning given such 
     term for purposes of title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.).
       (h) Repeal.--Effective as of January 1, 2010, this section 
     is repealed.

     SEC. 3002. TEMPORARY REINSTATEMENT OF AUTHORITY TO PROVIDE 
                   FEDERAL MATCHING PAYMENTS FOR STATE SPENDING OF 
                   CHILD SUPPORT INCENTIVE PAYMENTS.

       During the period that begins on October 1, 2008, and ends 
     on September 30, 2010, section 455(a)(1) of the Social 
     Security Act (42 U.S.C. 655(a)(1)) shall be applied without 
     regard to the amendment made by section 7309(a) of the 
     Deficit Reduction Act of 2005 (Public Law 109-171, 120 Stat. 
     147).

                    TITLE IV--UNEMPLOYMENT INSURANCE

     SEC. 4001. EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM.

       (a) Additional First-Tier Benefits.--Section 4002(b)(1) of 
     the Supplemental Appropriations Act, 2008 (26 U.S.C. 3304 
     note) is amended--
       (1) in subparagraph (A), by striking ``50'' and inserting 
     ``80''; and
       (2) in subparagraph (B), by striking ``13'' and inserting 
     ``20''.
       (b) Second-Tier Benefits.--Section 4002 of the Supplemental 
     Appropriations Act, 2008 (26 U.S.C. 3304 note) is amended by 
     adding at the end the following:
       ``(c) Special Rule.--
       ``(1) In general.--If, at the time that the amount 
     established in an individual's account under subsection 
     (b)(1) is exhausted or at any time thereafter, such 
     individual's State is in an extended benefit period (as 
     determined under paragraph (2)), such account shall be 
     augmented by an amount equal to the lesser of--
       ``(A) 50 percent of the total amount of regular 
     compensation (including dependents' allowances) payable to 
     the individual during the individual's benefit year under the 
     State law, or
       ``(B) 13 times the individual's average weekly benefit 
     amount (as determined under subsection (b)(2)) for the 
     benefit year.
       ``(2) Extended benefit period.--For purposes of paragraph 
     (1), a State shall be considered to be in an extended benefit 
     period, as of any given time, if--
       ``(A) such a period is then in effect for such State under 
     the Federal-State Extended Unemployment Compensation Act of 
     1970;
       ``(B) such a period would then be in effect for such State 
     under such Act if section 203(d) of such Act--
       ``(i) were applied by substituting `4' for `5' each place 
     it appears; and
       ``(ii) did not include the requirement under paragraph 
     (1)(A) thereof; or
       ``(C) such a period would then be in effect for such State 
     under such Act if--
       ``(i) section 203(f) of such Act were applied to such State 
     (regardless of whether the State by law had provided for such 
     application); and
       ``(ii) such section 203(f)--

       ``(I) were applied by substituting `6.0' for `6.5' in 
     paragraph (1)(A)(i) thereof; and
       ``(II) did not include the requirement under paragraph 
     (1)(A)(ii) thereof.

       ``(3) Limitation.--The account of an individual may be 
     augmented not more than once under this subsection.''.
       (c) Phaseout Provisions.--Section 4007(b) of the 
     Supplemental Appropriations Act, 2008 (26 U.S.C. 3304 note) 
     is amended--
       (1) in paragraph (1), by striking ``paragraph (2),'' and 
     inserting ``paragraphs (2) and (3),''; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) No augmentation after march 31, 2009.--If the amount 
     established in an individual's account under subsection 
     (b)(1) is exhausted after March 31, 2009, then section 
     4002(c) shall not apply and such account shall not be 
     augmented under such section, regardless of whether such 
     individual's State is in an extended benefit period (as 
     determined under paragraph (2) of such section).
       ``(3) Termination.--No compensation under this title shall 
     be payable for any week beginning after November 27, 2009.''.
       (d) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply as if included in the enactment of the Supplemental 
     Appropriations Act, 2008, subject to paragraph (2).
       (2) Additional benefits.--In applying the amendments made 
     by subsections (a) and (b), any additional emergency 
     unemployment compensation made payable by such amendments 
     (which would not otherwise have been payable if such 
     amendments had not been enacted) shall be payable only with 
     respect to any week of unemployment beginning on or after the 
     date of the enactment of this Act.

     SEC. 4002. TEMPORARY FEDERAL MATCHING FOR THE FIRST WEEK OF 
                   EXTENDED BENEFITS FOR STATES WITH NO WAITING 
                   WEEK.

       With respect to weeks of unemployment beginning after the 
     date of enactment of this Act and ending on or before 
     December 8, 2009, subparagraph (B) of section 204(a)(2) of 
     the Federal-State Extended Unemployment Compensation Act of 
     1970 (26 U.S.C. 3304 note) shall not apply.

               TITLE V--NATIONAL PARK CENTENNIAL FUND ACT

     SECTION 5001. SHORT TITLE.

       This Act may be cited as the ``National Park Centennial 
     Fund Act''.

     SEC. 5002. DEFINITIONS.

       In this Act:
       (1) Fund.--The term ``Fund'' means the National Park 
     Centennial Fund established under section 5003.
       (2) In-kind.--The term ``in-kind'' means the fair market 
     value of non-cash contributions provided by non-Federal 
     partners, which may be in the form of real property, 
     equipment, supplies and other expendable property, as well as 
     other goods and services.
       (3) Project or program.--The term ``Project or program'' 
     means a National Park Centennial Project or Program funded 
     pursuant to this Act.
       (4) Proposal.--The term ``Proposal'' means a National Park 
     Centennial Proposal submitted pursuant to section 5004.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 5003. NATIONAL PARK CENTENNIAL FUND.

       (a) In General.--There is established in the Treasury of 
     the United States a fund which shall be known as the 
     ``National Park Centennial Fund''. In each of fiscal years 
     2009 through 2018, the Secretary of the Treasury shall 
     deposit into the Fund the following:
       (1) Cash donations received by the National Park Service in 
     support of projects or programs authorized by this Act.
       (2) From the General Fund, an amount equivalent to--
       (A) the amount described in paragraph (1), excluding 
     donations pledged through a letter of credit in a prior year; 
     and
       (B) the amount of donations pledged through letters of 
     credit in the same fiscal year.
       (b) Limitation on Amount.--The total amount of deposits 
     from the General Fund under subsection (a)(2) shall not 
     exceed, in the aggregate, $1,000,000,000 for fiscal years 
     2009 through 2018.

     SEC. 5004. PROGRAM ALLOCATION.

       (a) In General.--Each fiscal year, the President's annual 
     budget submission for the Department of the Interior shall 
     include a list of proposals which shall be known as National 
     Park Centennial Proposals. The Secretary shall establish a 
     standard process for developing the list that shall encourage 
     input from both the public and a broad cross-section of 
     employees at every level of the National Park Service. The 
     list--
       (1) shall include proposals having an aggregate cost to the 
     Federal Government equal to the unobligated amount in the 
     Fund;
       (2) shall include only proposals consistent with National 
     Park Service policies and adopted park planning documents;
       (3) may include proposals for any area within the national 
     park system (as that term is defined in section 2 of the Act 
     of August 8, 1953 (16 U.S.C. 1c)), clusters of areas within 
     such system, a region or regions of such system, or such 
     system in its entirety;
       (4) shall cumulatively represent a nationwide array of 
     proposals that is diverse geographically, in size, scope, 
     magnitude, theme, and variety under the initiatives described 
     in subsection (b);
       (5) shall give priority to proposals demonstrating long-
     term viability beyond receipts from the Fund;
       (6) shall include only proposals meeting the requirements 
     of one or more of the initiatives set forth in subsection 
     (b);
       (7) should contain proposals under each of the initiatives 
     set forth in subsection (b); and
       (8) shall give priority to proposals with committed, non-
     Federal support but shall also include proposals funded 
     entirely by the Fund.
       (b) National Park Centennial Initiatives.--The requirements 
     referred to in subsection (a)(6) are as follows:
       (1) Education in parks centennial initiative.--Proposals 
     for the ``Education in Parks Centennial Initiative'' shall 
     meet the following requirements:
       (A) Priority shall be given to proposals designed to 
     increase National Park-based educational opportunities for 
     elementary, secondary and college students particularly those 
     from populations historically under represented among 
     visitors to the National Park System.
       (B) Priority shall be given to proposals designed to bring 
     students into the National Park System in person.
       (C) Proposals should include strategies for encouraging 
     young people to become lifelong advocates for National Parks.
       (D) Proposals shall be developed in consultation with the 
     leadership of educational and youth organizations expected to 
     participate in the proposed initiative.
       (2) Diversity in parks centennial initiative.--
       (A) Study.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report detailing a service-wide 
     strategy for increasing diversity among National Park Service 
     employees at all levels and visitors to the National Park 
     System.

[[Page S9668]]

       (B) Proposals.--Proposals for the ``Diversity in Parks 
     Centennial Initiative'' shall meet the following 
     requirements:
       (i) Each proposal shall be based on recommendations 
     contained in the report required in subparagraph (A).
       (ii) Each proposal shall be designed to make National Park 
     Service employees, visitors to the National Park System, or 
     both, reflect the diversity of the population of the United 
     States.
       (3) Supporting park professionals centennial initiative.--
     Proposals for the ``Supporting Park Professionals Centennial 
     Initiative'' shall meet the following requirements:
       (A) Taken as a whole, proposals shall provide specific 
     opportunities for National Park Service employees, at all 
     levels, to participate in professional career development.
       (B) Proposals may include National Park Service-designed, 
     internal professional development programs.
       (C) Proposals may also be designed to facilitate 
     participation in external professional development programs 
     or established courses of study by National Park Service 
     employees.
       (4) Environmental leadership centennial initiative.--
     Proposals for the ``Environmental Leadership Centennial 
     Initiative'' shall meet the following requirements:
       (A) Each proposal shall be designed to do one or more of 
     the following:
       (i) Reduce harmful emissions.
       (ii) Conserve energy or water resources.
       (iii) Reduce solid waste production within the National 
     Park System.
       (B) Each proposal shall include strategies for educating 
     the public regarding Environmental Leadership projects and 
     their results.
       (C) Priority shall be given to proposals with the potential 
     to spread technological advances to other Federal agencies or 
     to the private sector.
       (5) Natural resource protection centennial initiative.--
     Proposals for the ``Natural Resource Protection Centennial 
     Initiative'' shall meet the following requirements:
       (A) Each proposal shall be designed to restore or conserve 
     native ecosystems within the National Park System.
       (B) Priority shall be given to proposals designed to 
     control invasive species.
       (C) Each proposal shall be based on the best available 
     scientific information.
       (6) Cultural resource protection centennial initiative.--
     Proposals for the ``Cultural Resource Protection Centennial 
     Initiative'' shall--
       (A) either--
       (i) increase the National Park Service's knowledge of 
     cultural resources located within the National Park System 
     through means including, but not limited to, surveys, 
     studies, mapping, and documentation of such resources; or
       (ii) improve the condition of documented cultural resources 
     within the National Park System;
       (B) incorporate the best available scientific information; 
     and
       (C) where appropriate, be developed in consultation with 
     Native American tribes, State historic preservation offices, 
     or other organizations with cultural resource preservation 
     expertise.
       (7) Health and fitness in parks centennial initiative.--
       (A) In general.--Proposals for the ``Health and Fitness in 
     Parks Centennial Initiative'' shall fall into one or more of 
     the following four categories:
       (i) Proposals designed to repair, rehabilitate, or 
     otherwise improve infrastructure, including trails, that 
     facilitates healthy outdoor activity within the National Park 
     System.
       (ii) Proposals designed to expand opportunities for access 
     to the National Park System for visitors with disabilities.
       (iii) Proposals to develop and implement management plans 
     (such as climbing plans and trail system plans) for 
     activities designed to increase the health and fitness of 
     visitors to the National Park System.
       (iv) Proposals to develop outreach programs and media that 
     provide public information regarding health and fitness 
     opportunities within the National Park System.
       (B) Miscellaneous requirements.--All proposals for ``the 
     Health and Fitness in Parks Centennial Initiative'' shall--
       (i) be consistent with National Park Service policies and 
     adopted park planning documents; and
       (ii) be designed to provide for visitor enjoyment in such a 
     way as to leave the National Park System unimpaired for 
     future generations.
       (c) Funding.--In each of fiscal years 2009 through 2018, 
     unobligated amounts in the Fund shall be available without 
     further appropriation for projects authorized by this Act, 
     but may not be obligated or expended until 120 days after the 
     annual submission of the list of proposals required under 
     this section to allow for Congressional review.
       (d) Limitation on Distribution of Funds.--No more than 50 
     percent of amounts available from the Fund for any fiscal 
     year may be spent on projects that are for the construction 
     of facilities that cost in excess of $5,000,000.

     SEC. 5005. PARTNERSHIPS.

       (a) Donations.--The Secretary may actively encourage and 
     facilitate participation in proposals from non-Federal and 
     philanthropic partners, and may accept donations, both 
     monetary and in-kind for any Project or Program pursuant to 
     section 1 of the Act of June 5, 1920 (16 U.S.C. 6), and other 
     authorities to accept donations existing on the date of 
     enactment of this Act.
       (b) Terms and Conditions.--To the extent that private 
     organizations or individuals are to participate in or 
     contribute to any Project or Program, the terms and 
     conditions of that participation or contribution as well as 
     all actions of employees of the National Park Service, shall 
     be governed by National Park Service Directors Order #21, 
     ``Donations and Fundraising'', as in force on the date of the 
     enactment of this Act.

     SEC. 5006. MAINTENANCE OF EFFORT.

       Amounts made available from the Fund shall supplement 
     rather than replace annual expenditures by the National Park 
     Service, including authorized expenditures from the Land and 
     Water Conservation Fund and the National Park Service Line 
     Item Construction Program. The National Park Service shall 
     maintain adequate, permanent staffing levels and permanent 
     staff shall not be replaced with nonpermanent employees hired 
     to carry out this Act or Projects or Programs carried out 
     with funds provided under this Act.

     SEC. 5007. REPORTS.

       For each fiscal year beginning in fiscal year 2009, the 
     Secretary shall submit to Congress a report that includes the 
     following:
       (1) A detailed accounting of all expenditures from the Fund 
     divided by categories of proposals under section 4(b), 
     including a detailed accounting of any private contributions, 
     either in funds or in kind, to any Project or Program.
       (2) A cumulative summary of the results of the National 
     Park Centennial program including recommendations for 
     revisions to the program.
       (3) A statement of whether the National Park Service has 
     maintained adequate, permanent staffing levels and what 
     nonpermanent and permanent staff have been hired to carry out 
     this Act or Projects or Programs carried out with funds 
     provided under this Act.

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT


                         emergency designation

       Sec. 6001. Each amount in this Act is designated as an 
     emergency requirement and necessary to meet emergency needs 
     pursuant to section 204(a) of S. Con. Res. 21 (110th 
     Congress) and section 301(b)(2) of S. Con. Res. 70 (110th 
     Congress), the concurrent resolutions on the budget for 
     fiscal years 2008 and 2009.


                       coordination of provisions

       Sec. 6002. Unless otherwise expressly provided, each amount 
     in this Act is a supplemental appropriation for fiscal year 
     2008, or, if enacted after September 30, 2008, for fiscal 
     year 2009.
       This Act may be cited as the ``Economic Recovery Act, 
     2008''.
                                 ______
                                 
      By Mr. HATCH:
  S. 3606. A bill to extend the special immigrant nonminister religious 
worker program and for other purposes, considered and passed.
  Mr. HATCH. Mr. President, I rise today to introduce the Special 
Immigrant Non-Minister Religious Worker Program Act, S. 3606, which 
would extend the Special Immigrant Non-Minister Religious Worker Visa 
Program until March 6, 2009.
  The program provides for up to 5,000 special Immigrant visas per year 
which religious denominations or organizations in the United States can 
use to sponsor foreign nationals to perform religious service in our 
country. Since its initial enactment in 1990, the Special Immigrant 
Non-Minister Religious Worker Visa Program has been extended four 
times. Yet some seem quick to discount the importance of the program. I 
point out that the continuing resolution passed by the House of 
Representatives did not include language to extend the Special 
Immigrant Non-Minister Religious Worker Visa Program.
  Among the important tasks nonminister religious workers perform are: 
providing human services to the most needy, including shelter and 
nutrition; caring for and ministering to the sick, aged, and dying; 
working with adolescents and young adults; assisting religious leaders 
as they lead their congregations and communities in worship; counseling 
those who have suffered severe trauma and/or hardship; supporting 
families, particularly when they are in crisis; offering religious 
instruction, especially to new members of the religious denomination; 
and, helping refugees and immigrants in the United States adjust to a 
new way of life.
  To ensure that this program is not abused by fraud or other measures, 
the proposed legislation requires the Secretary of Homeland Security to 
issue final regulations to eliminate or reduce fraud in the program 
before it goes into

[[Page S9669]]

effect. Additionally, the legislation requires the inspector general of 
the Department of Homeland Security to submit to Congress a report on 
the effectiveness of the aforementioned regulations.
  I note that there are several religious organizations that support 
passage of my legislation, including The Church of Jesus Christ of 
Latter-day Saints, the American Jewish Committee, the Agudath Israel of 
America, the Catholic Legal Immigration Network, Inc., the Church 
Communities International, the Conference of Major Superiors of Men, 
the Hebrew Immigrant Aid Society, the Lutheran Immigration and Refugee 
Service, the Mennonite Central Committee, the United States National 
Association of Evangelicals, the National Spiritual Assembly of the 
Bahai of the United States, The Church of Scientology International, 
The First Church of Christ, Scientist, Boston, MA, the United Methodist 
Church, the General Board of Church and Society, the World Relief, and 
the U.S. Conference of Catholic Bishops.
  There is no doubt that our country's religious organizations face 
sometimes insurmountable obstacles in using traditional employment 
immigration categories to fit their unique situations. Fortunately, the 
Non-Minister Religious Worker Visa Program allows our country's 
religious denominations to continue uninterrupted in their call to 
serve and provide support to those who are in the greatest need. I 
commend their service and hope they know how much I respect their work.
  I urge my colleagues to support this legislation.
                                 ______
                                 
      By Ms. CANTWELL (for herself, Ms. Murkowski, Mrs. Murray, Mr. 
        Wyden, Mrs. Boxer, Mrs. Feinstein, Mr. Smith, and Mr. Stevens):
  S. 3608. A bill to establish a Salmon Stronghold Partnership program 
to protect wild Pacific salmon and for other purposes; to the Committee 
on Commerce, Science, and Transportation.
  Ms. CANTWELL. Mr. President, I rise today to introduce the Pacific 
Salmon Stronghold Conservation Act of 2008, together with my colleague 
from Alaska, Senator Murkowski. I am grateful for all the input and 
collaboration from key stakeholders in Washington State that I have 
received on this legislation. I am especially grateful for the input 
from the Quinault Tribe, the Wild Salmon Center, and Bill Ruckelshaus.
  While current Federal salmon recovery efforts are focused on 
recovering salmon listed under the Endangered Species Act, ESA, seeking 
to ``restore what we've lost,'' the Salmon Stronghold Act seeks to 
``protect what we have.'' To this end, I have consistently fought for 
increased funding for the Pacific Coast Salmon Recovery Fund and will 
continue to proudly do so. In addition, with this legislation we will 
direct new Federal resources on protection of healthy salmon 
population.
  Restoring threatened and endangered salmon in the Pacific Northwest 
is an imperative. Wild Pacific salmon are central to the culture, 
economy, and environment of western North America. The Pacific Coast 
Salmon Recovery Fund, since its inception in 2000, has allowed my home 
State of Washington to focus the efforts of counties and conservation 
districts, on average, to remove 300 barriers to fish passage and to 
open 300 miles of habitat each year. That is 2,400 barriers removed and 
2,400 miles of habitat restored. In 2007, for every Federal dollar 
spent on this program it leveraged about $2 in local and State dollars.
  I will continue the fight to protect this salmon recovery funding. 
But more must be done. This legislation will complement ongoing 
recovery efforts to ensure the future viability of healthy wild Pacific 
salmon runs by establishing a Federal program supporting voluntary 
public-private incentive-based efforts to proactively maintain the 
rivers that are home to the thriving populations of Pacific salmon--
known as our ``Salmon Strongholds.''
  This bill does that by establishing a new regional Salmon Stronghold 
Partnership program that provides Federal support and resources to 
protect a network of the healthiest remaining wild Pacific salmon 
ecosystems in North America. The bill promotes enhanced coordination 
and cooperation of Federal, tribal, State and local governments, public 
and private land managers, fisheries managers, power authorities, and 
nongovernmental organizations in efforts to protect salmon strongholds.
  It is time to increase funding to recovery efforts, but also focus on 
prevention. It is time to adopt the kind of comprehensive solution that 
can solidify wild Pacific salmon's place in American culture for 
generations to come.
  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. 3608

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Pacific 
     Salmon Stronghold Conservation Act of 2008''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.
Sec. 4. Establishment of Salmon Stronghold Partnership Board.
Sec. 5. Information and assessment.
Sec. 6. Salmon stronghold watershed grants and technical assistance 
              program.
Sec. 7. Conservation of salmon strongholds on Federal land.
Sec. 8. Conditions relating to salmon stronghold conservation projects.
Sec. 9. Allocation of amounts.
Sec. 10. Accountability and reporting.
Sec. 11. Regulations.
Sec. 12. Limitations.
Sec. 13. Private property protection.

     SEC. 2. FINDINGS; PURPOSES.

       (a) Findings.--Congress finds that--
       (1) salmon are a central part of the culture, economy, and 
     environment of Western North America;
       (2) economic activities relating to salmon generate 
     billions of dollars of economic activity and provide 
     thousands of jobs;
       (3) during the anticipated rapid environmental change 
     during the several decade period beginning on the date of 
     enactment of this Act, maintaining key ecosystem processes 
     and functions, population abundance, and genetic integrity 
     are vital to ensuring the health of salmon populations;
       (4) salmon strongholds provide critical production zones 
     for commercial and recreational fisheries;
       (5) taking into consideration the frequency of fisheries 
     collapses during the period immediately preceding the date of 
     enactment of this Act, conserving core centers of abundance, 
     productivity, and diversity is vital to sustain salmon 
     populations and fisheries into the future;
       (6) measures being undertaken as of the date of enactment 
     of this Act to recover threatened or endangered salmon stocks 
     are vital, but must be complemented by identifying and 
     sustaining core centers of abundance, productivity, and 
     diversity in the healthiest remaining salmon ecosystems 
     throughout the salmon range; and
       (7) greater coordination between public and private actors 
     can assist salmon strongholds by marshaling and focusing 
     resources on high priority protection and restoration 
     actions.
       (b) Purposes.--The purposes of this Act are--
       (1) to expand Federal support for the protection and 
     restoration of the healthiest remaining salmon strongholds in 
     North America to sustain core centers of salmon abundance, 
     productivity, and diversity in order to prevent decline of 
     salmon populations--
       (A) in the States of Washington, Idaho, Oregon, and 
     California, by focusing resources on cooperative, incentive-
     based efforts to protect the roughly 20 percent of salmon 
     habitat that supports approximately \2/3\ of salmon 
     abundance; and
       (B) in the State of Alaska, a regional stronghold that 
     produces over \1/3\ of all Pacific salmon, by increasing 
     resources available to public and private organizations 
     working cooperatively to protect regional core centers of 
     salmon abundance and diversity;
       (2) to obtain long-term funding for implementation of 
     salmon stronghold strategies, including the bundling and 
     delivery of incentive-based conservation measures;
       (3) to promote economic co-benefits associated with healthy 
     and restored salmon stronghold habitat, including flood 
     protection, recreation, water quantity and quality, climate 
     benefits, and other ecosystem services; and
       (4) to accelerate as applicable the implementation of 
     recovery plans for salmon populations listed as threatened or 
     endangered under the Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.) within salmon strongholds.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Assistant Administrator for the National Marine Fisheries 
     Service of

[[Page S9670]]

     the National Oceanic and Atmospheric Administration.
       (2) Board.--The term ``Board'' means the Salmon Stronghold 
     Partnership Board established under section 4(a).
       (3) Charter.--The term ``Charter'' means the charter 
     developed under section 4(g).
       (4) Director.--The term ``Director'' means the Director of 
     the United States Fish and Wildlife Service.
       (5) Ecosystem services.--The term ``ecosystem services'' 
     means an ecological benefit generated from a healthy, 
     functioning ecosystem, including clean water, pollutant 
     filtration, regulation of river flow, prevention of soil 
     erosion, regulation of climate, and fish production.
       (6) Program.--The term ``program'' means the salmon 
     stronghold watershed grants and technical assistance program 
     established under section 6(a).
       (7) Salmon.--The term ``salmon'' means any of the wild 
     anadromous Oncorhynchus species in the Western United States, 
     including--
       (A) chum salmon (Oncorhynchus keta);
       (B) pink salmon (Oncorhynchus gorbuscha);
       (C) sockeye salmon (Oncorhynchus nerka);
       (D) chinook salmon (Oncorhynchus tshawytscha);
       (E) coho salmon (Oncorhynchus kisutch); and
       (F) steelhead trout (Oncorhynchus mykiss).
       (8) Salmon stronghold.--The term ``salmon stronghold'' 
     means all or part of a watershed that meets biological 
     criteria for abundance, productivity, diversity (life history 
     and run timing), habitat quality, or other biological 
     attributes important to sustaining viable populations of 
     salmon throughout the salmon range.
       (9) Salmon stronghold partnership.--The term ``Salmon 
     Stronghold Partnership'' means a cooperative, incentive-
     based, public-private partnership between Federal, State, 
     tribal, private, and non-governmental organizations working 
     across political boundaries, government jurisdictions, and 
     land ownerships to identify and protect salmon strongholds.
       (10) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of Commerce.

     SEC. 4. ESTABLISHMENT OF SALMON STRONGHOLD PARTNERSHIP BOARD.

       (a) Establishment.--There is established a Board to be 
     known as the ``Salmon Stronghold Partnership Board''.
       (b) Membership.--The members of the Board shall include 
     members from Federal, State, tribal, and non-governmental 
     organizations, and other entities with significant resources 
     regionally dedicated to protection of wild salmon ecosystems, 
     including--
       (1) one representative from each of--
       (A) the National Oceanic and Atmospheric Administration;
       (B) the United States Fish and Wildlife Service;
       (C) the Forest Service;
       (D) the Environmental Protection Agency;
       (E) the Bonneville Power Administration;
       (F) the Bureau of Land Management; and
       (G) the Northwest Power and Conservation Council;
       (2) State representatives from the Governor's Office or the 
     appropriate natural resource agencies, as determined by the 
     Board, from each of the States of--
       (A) Oregon;
       (B) Washington;
       (C) California;
       (D) Idaho; and
       (E) Alaska;
       (3) three representatives from West Coast Indian tribes;
       (4) one representative from each of 3 non-governmental 
     organizations selected by the Board; and
       (5) any other members that the Board determines are 
     appropriate.
       (c) Board Consultation.--The Board may seek expertise from 
     fisheries experts from appropriate agencies or universities.
       (d) Meetings.--
       (1) Frequency.--Not less frequently than 3 times each year, 
     the Board shall hold Salmon Stronghold Partnership meetings 
     to provide opportunities for input from a broader set of 
     stakeholders.
       (2) Notice.--Prior to each Salmon Stronghold Partnership 
     meeting, the Board shall give timely notice of the meeting to 
     the public and to the government of each county in which a 
     salmon stronghold is identified by the Board.
       (e) Chairperson.--The Board shall nominate and select a 
     Chairperson from among the members of the Board.
       (f) Committees.--The Board may establish standing or ad hoc 
     committees, including a science advisory committee.
       (g) Charter.--The Board shall develop a written Charter 
     that--
       (1) provides for the members of the Board described in 
     subsection (b);
       (2) may be signed by a broad range of partners, to reflect 
     a shared understanding of the purposes, intent, and 
     governance framework of the Salmon Stronghold Partnership; 
     and
       (3) shall include--
       (A) a description of the process for identifying salmon 
     strongholds; and
       (B) the process for reviewing and selecting watershed 
     grants under section 6, including--
       (i) the number of years for which grants can be issued;
       (ii) the process for renewing grants;
       (iii) a description of grant eligibility;
       (iv) reporting requirements for selected projects; and
       (v) criteria for evaluation of the success of a project.
       (h) Federal Advisory Committee Act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Board.

     SEC. 5. INFORMATION AND ASSESSMENT.

       The Administrator shall carry out specific information and 
     assessment functions associated with the network of salmon 
     strongholds, in coordination with other regional salmon 
     efforts, including--
       (1) triennial assessment of status and trends in network 
     sites;
       (2) geographic information system and mapping support to 
     facilitate conservation planning;
       (3) development and application of models and other tools 
     to identify highest value conservation actions within salmon 
     strongholds; and
       (4) measurement of the effectiveness of the Salmon 
     Stronghold Partnership activities.

     SEC. 6. SALMON STRONGHOLD WATERSHED GRANTS AND TECHNICAL 
                   ASSISTANCE PROGRAM.

       (a) In General.--The Administrator, in consultation with 
     the Director, shall establish a salmon stronghold watershed 
     grants and technical assistance program, as described in this 
     section.
       (b) Purpose.--The purpose of the program shall be to 
     support salmon stronghold protection and restoration 
     activities, including--
       (1) to fund the administration of the Salmon Stronghold 
     Partnership in carrying out the Charter;
       (2) to encourage cooperation among the entities represented 
     on the Board, local authorities, and private entities to 
     establish a network of salmon strongholds, and assist locally 
     in specific actions that support the Salmon Stronghold 
     Partnership;
       (3) to work with entities represented on the Board--
       (A) to develop strategies focusing on the highest value 
     salmon conservation actions in salmon strongholds; and
       (B) in addition to protection actions, including voluntary 
     acquisitions and easements, to provide financial assistance 
     to the Salmon Stronghold Partnership to develop innovative 
     financial mechanisms to increase local economic opportunities 
     and resources for actions or practices that provide long-term 
     or permanent protection and maintain key ecosystem services 
     in salmon strongholds, including--
       (i) approaches to explore a payment for ecosystem services 
     model that values and compensates individuals or groups for 
     actions taken, or not taken, and that preserves, increases, 
     or maintains key ecosystem services; and
       (ii) carrying out several demonstration projects designed 
     for specific salmon strongholds;
       (4) to maintain a forum to share best practices and 
     approaches, employ consistent and comparable metrics, and 
     monitor, evaluate, and report regional status and trends of 
     salmon ecosystems in coordination with related regional and 
     State efforts;
       (5) to carry out activities and existing conservation 
     programs in, and across, salmon strongholds on a regional 
     scale to achieve the goals of the Salmon Stronghold 
     Partnership;
       (6) to develop and make information available to the public 
     pertaining to the Salmon Stronghold Partnership; and
       (7) to conduct education outreach to the public to 
     encourage increased stewardship of salmon strongholds.
       (c) Selection.--
       (1) Administration and selection.--The Administrator, in 
     consultation with the Board, shall establish a process to 
     select grant applicants and administer the grants made under 
     this section.
       (2) Criteria for approval.--Subject to subsection (d), a 
     project may be approved to receive a grant under this section 
     if--
       (A) the project contributes to the protection and 
     restoration of salmon;
       (B) the project meets criteria regarding geographic and 
     programmatic parameters for strategic investments in Salmon 
     Strongholds, as identified and periodically revised by the 
     Board preceding each grant review process; and
       (C) the project--
       (i)(I) addresses a key factor limiting or threatening to 
     limit abundance, productivity, diversity, habitat quality, or 
     other biological attributes important to sustaining viable 
     wild salmon populations within a Salmon Stronghold; or
       (II) a programmatic action that supports the Salmon 
     Stronghold Partnership;
       (ii) addresses major limiting factors to healthy ecosystem 
     processes or sustainable fisheries management; and
       (iii) has the potential for major conservation benefits and 
     potentially exportable results.
       (d) Acquisition of Real Property Interests.--No project 
     that will result in the acquisition by the Secretary or the 
     Secretary of the Interior of any land or interest in land, in 
     whole or in part, may receive funds under this Act unless the 
     project is consistent with the purposes of this Act.
       (e) Project Reporting.--Each grantee under this section 
     shall provide periodic reports to the Administrator that 
     include such information as the Administrator may require to 
     evaluate the progress and success of the project.

[[Page S9671]]

       (f) Staff.--Subject to the availability of appropriations, 
     the Administrator may hire such additional full-time 
     employees as are necessary to carry out this Act.
       (g) Authorization of Appropriations.--
       (1) Grants.--There is authorized to be appropriated to the 
     Administrator, to be distributed by the National Fish and 
     Wildlife Foundation as a fiscal agent, to provide grants 
     under this section $15,000,000 for each of fiscal years 2009 
     through 2013, to remain available until expended.
       (2) Technical assistance.--For each of fiscal years 2009 
     through 2013, there is authorized to be appropriated to the 
     Administrator an additional $300,000 to carry out this 
     section and section 5, to remain available until expended.

     SEC. 7. CONSERVATION OF SALMON STRONGHOLDS ON FEDERAL LAND.

       The head of each Federal agency responsible for acquiring, 
     managing, or disposing of Federal land in salmon strongholds 
     shall, to the extent consistent with the mission of the 
     agency and existing statutory authorities, cooperate with the 
     Administrator and the Director to--
       (1) conserve salmon strongholds; and
       (2) effectively coordinate and streamline delivery of 
     overlapping incentive-based programs affecting salmon 
     strongholds within the land of each agency.

     SEC. 8. CONDITIONS RELATING TO SALMON STRONGHOLD CONSERVATION 
                   PROJECTS.

       (a) In General.--No land or interest in land, acquired in 
     whole or in part by 1 or both of the Secretaries with Federal 
     funds made available under this Act to carry out salmon 
     stronghold conservation projects may be conveyed to a State, 
     other public agency, or other entity unless--
       (1) the Secretaries determine that the State, agency, or 
     other entity is committed to undertake the management of the 
     property being transferred in accordance with this Act; and
       (2) the deed or other instrument of transfer contains 
     provisions for the reversion of the title to the property to 
     the United States if the State, agency, or other entity fails 
     to manage the property in accordance with this Act.
       (b) Requirement.--Any real property interest conveyed under 
     this section shall be subject to such terms and conditions as 
     will ensure, to the maximum extent practicable, that the 
     interest will be administered for the long-term conservation 
     and management of the applicable aquatic ecosystem and the 
     fish and wildlife dependent on that ecosystem.

     SEC. 9. ALLOCATION OF AMOUNTS.

       (a) Federal Share.--
       (1) Non-federal land.--For any fiscal year, the Federal 
     share of carrying out a salmon stronghold conservation 
     project that receives funds under section 6 on non-Federal 
     land shall not exceed 50 percent of the costs of the project.
       (2) Federal land.--For any fiscal year, the Federal share 
     of carrying out a salmon stronghold conservation project that 
     receives funds under section 6 on Federal land, including the 
     acquisition of inholdings, may be up to 100 percent of the 
     costs of the project.
       (b) Non-Federal Share.--
       (1) In general.--Subject to paragraph (2), the non-Federal 
     share of the cost of a project that receives funds under 
     section 6 may not be derived from Federal grant programs, but 
     may include in-kind contributions and cash.
       (2) Bonneville power administration.--Any amounts provided 
     by the Bonneville Power Administration directly or through a 
     grant to another entity shall be credited toward the non-
     Federal share of the cost of the project.
       (c) Provision of Funding.--In carrying out this Act, the 
     Secretary may--
       (1) consistent with a recommendation of the Board and 
     notwithstanding sections 6304 and 6305 of title 31, United 
     States Code, and the Federal Financial Assistance Management 
     Improvement Act of 1999 (31 U.S.C. 6101 note; Public Law 106-
     107), enter into cooperative agreements, contracts, and 
     grants;
       (2) notwithstanding any other provision of law, apply for, 
     accept, and use grants from any person to carry out the 
     purposes of this Act; and
       (3) make funds available to any Federal agency to be used 
     by the agency to award financial assistance for any salmon 
     stronghold protection, restoration, and enhancement project 
     that the Secretary determines to be consistent with this Act.
       (d) Donations.--
       (1) In general.--The Secretary may--
       (A) enter into an agreement with any organization described 
     in section 501(c)(3) of the Internal Revenue Code of 1986 to 
     authorize the organization to carry out activities under this 
     Act; and
       (B) accept donations of funds or services for use in 
     carrying out this Act.
       (2) Property.--The Secretary of the Interior may accept 
     donations of property for use in carrying out this Act.
       (3) Use of donations.--Donations accepted under this 
     section--
       (A) shall be considered to be gifts or bequests to, or for 
     the use of, the United States; and
       (B) may be used directly by the Secretary (or, in the case 
     of donated property under paragraph (2), the Secretary of the 
     Interior) or provided to other Federal agencies through 
     interagency agreements.
       (e) Interagency Financing.--The Secretary may participate 
     in interagency financing, including receiving appropriated 
     funds from other agencies to carry out this Act.

     SEC. 10. ACCOUNTABILITY AND REPORTING.

       Not less frequently than once every 3 years, the 
     Administrator and the Director shall jointly submit to 
     Congress a report describing the activities carried out under 
     this Act, including any legislative recommendations relating 
     to the Salmon Stronghold Partnership.

     SEC. 11. REGULATIONS.

       The Secretary may promulgate regulations to carry out this 
     Act.

     SEC. 12. LIMITATIONS.

       Nothing in this Act may be construed--
       (1) to create a reserved water right, express or implied, 
     in the United States for any purpose, or affect any water 
     right in existence on the date of enactment of this Act;
       (2) to affect any Federal or State law in existence on the 
     date of enactment of this Act regarding water quality or 
     water quantity;
       (3) to affect the authority, jurisdiction, or 
     responsibility of any agency or department of the United 
     States or of a State to manage, control, or regulate fish and 
     resident wildlife under a Federal or State law (including 
     regulations);
       (4) to authorize the Secretary or the Secretary of Interior 
     to control or regulate hunting or fishing under State law;
       (5) to abrogate, abridge, affect, modify, supersede, or 
     otherwise alter any right of a federally recognized Indian 
     tribe under any law (including regulations); or
       (6) to diminish or affect the ability of the Secretary or 
     the Secretary of Interior to join the adjudication of rights 
     to the use of water pursuant to subsections (a), (b), or (c) 
     of section 208 of the Department of Justice Appropriation 
     Act, 1953 (43 U.S.C. 666).

     SEC. 13. PRIVATE PROPERTY PROTECTION.

       No Federal funds made available to carry out this Act may 
     be used to acquire any real property or any interest in any 
     real property without the written consent of the 1 or more 
     owners of the property or interest in property.
                                 ______
                                 
      By Mr. FEINGOLD (for himself, Ms. Cantwell, Mr. Akaka and Mr. 
        Wyden):
  S. 3612. A bill to protect citizens and legal residents of the United 
States from unreasonable searches and seizures of electronic equipment 
at the border, and for other purposes; to the Committee on Homeland 
Security and Governmental Affairs.
  Mr. FEINGOLD. Today, I am joined by the junior Senator from 
Washington, Senator Cantwell, in introducing the Travelers' Privacy 
Protection Act of 2008. This bill restores privacy for law-abiding 
Americans who, under current administration policy, may be required to 
give customs agents unfettered access to the contents of their laptop 
computers and other electronic devices when they return from overseas 
travel.
  There is a compelling and immediate need for this legislation. Over 
the last two years, reports have surfaced that customs agents have been 
requiring American citizens and others lawfully residing in the U.S. to 
turn over their cell phones or give them the passwords to their 
laptops. The travelers have been forced to wait for hours while customs 
agents reviewed and sometimes copied the contents of the electronic 
devices. In some cases, the laptops or cell phones were confiscated, 
and returned weeks or even months later, with no explanation.
  When the practice was challenged in court, the administration argued 
that it can search the contents of American travelers' laptops without 
any suspicion of wrongdoing whatsoever, because a laptop is no 
different than any other ``closed container.'' In other words, 
according to this administration, there is no difference between 
rifling through the contents of your suitcase, and logging on to your 
laptop, opening your files, and reviewing your photographs, medical 
records, financial records, e-mails, letters, journals, work product, 
or an electronic record of all the Web sites you have visited.
  I am willing to bet that most Americans would disagree. Americans 
understand the importance of security at the borders, and the vast 
majority of them accept that the government is entitled to look through 
their suitcases when they are returning from an overseas trip. But I 
say to my colleagues: try asking your constituents whether the 
government has a right to open their laptops, read their documents and 
e-mails, look at their photographs, and examine the Web sites they have 
visited--all without any suspicion of wrongdoing--and see what they 
say. I think you'll hear the same thing that I have heard: ``Not in the 
United States of America.''

[[Page S9672]]

  In June of this year, I held a hearing of the Constitution 
Subcommittee of the Judiciary Committee to examine this issue. At this 
hearing, we learned about the effect of suspicionless electronic border 
searches on American businesses. The Executive Director for the 
Association of Corporate Travel Executives testified that, in a survey 
of ACTE members, 7 out of 100 respondents had experienced seizures of 
their laptops or other electronic equipment. Many companies are now 
taking expensive and burdensome measures to protect their electronic 
information from forced disclosure at the border. The administration's 
intrusive border practices thus come with a hefty price tag for the 
American business sector, at a time when the economy can ill afford it.
  We also heard disturbing evidence suggesting that Muslim Americans 
and Americans of Arab or South Asian descent are being targeted for 
these invasive searches. Many travelers from these backgrounds who have 
been subject to electronic searches have also been asked about their 
religious and political views, including why they chose to convert to 
Islam, what they think about Jews, and their views of the candidates in 
the upcoming election. This questioning is deeply disturbing in its own 
right. It also strongly suggests that some border searches are being 
based, at least in part, on impermissible factors.
  At the same time it was claiming the right to look at all of the 
information Americans carry with them across the border, the 
administration was refusing to provide Americans or Congress with 
information about its policies for border searches. Requests by the 
public and members of Congress were steadfastly ignored. DHS declined 
my invitation to send a witness to the hearing, claiming that its 
preferred witness was unavailable on that day. But after the hearing 
sparked a flurry of press coverage and major newspapers criticized DHS 
for its secrecy, the agency made public a written policy for border 
searches dated July 16, 2008.
  The DHS policy is truly alarming in the sweeping authority it claims. 
According to the policy, customs agents may ``analyze and review'' the 
information in Americans' laptops and other electronic devices ``absent 
individualized suspicion.'' As part of this search authority, customs 
agents may ``detain'' the electronic device for an unspecified period 
of time, take it off-site, make copies of its contents, and send the 
equipment or the copies to other agencies or even private individuals 
in some cases. Although the policy purports to require probable cause 
to ``seize'' a laptop, as opposed to merely searching it, this 
safeguard is almost meaningless given that DHS's definition of 
``search'' includes the right to ``detain'' the laptop indefinitely. 
Moreover the policy exempts officers' written notes from any 
constraints, allowing customs agents to transcribe an electronic 
document verbatim and keep it forever without any level of suspicion.
  Defenders of this policy outside the administration are hard to find. 
Major newspapers across the country, including the New York Times, the 
Washington Post, and a host of other national and local outlets, have 
published editorials condemning the policy and urging Congress to act. 
As USA Today put it: ``[T]he notion that the government can arbitrarily 
have a free crack at your e-mail, Web searches and other personal 
electronic data is chilling. Given the government's abysmal record of 
safeguarding private data, it's no wonder that business and civil 
liberties groups are protesting.'' In my home state of Wisconsin, the 
Green Bay Press-Gazette put it this way: ``[T]he fact that this policy 
exists . . . is an affront to the core values of the United States of 
America.''

  In the fact of this public outcry, DHS has reacted like a traffic 
officer standing by a 20-car pile-up and telling onlookers ``Nothing to 
see here--move along.'' The agency claims that its July 16 policy 
spells out the practice followed by customs agents for years and across 
administration. But that just isn't true. The Customs Directive that 
governed border searches of documents through the end of the Clinton 
Administration stated that Customs agents could glance at documents--
but not read them--``to see if they appear to be merchandise.'' At that 
point, ``reasonable suspicion [was] required for read and continued 
detention'' of the documents. The reading of personal correspondence 
other than merchandise was expressly prohibited. This administration's 
policy authorizing ``review and analysis'' of any and all electronic 
documents without a shred of suspicion thus represents a 180 degree 
turnaround from previous policy.
  DHS alternatively defends its policy by arguing that the authority to 
conduct suspicionless searches of Americans' laptops is necessary to 
capture terrorists and criminals. Yet the few specific examples DHS has 
seen fit to give have all been cases in which the search was anything 
but suspicionless. For example, in one instance DHS has cited, the 
laptop search took place after customs agents received a tip that the 
traveler was a smuggler and discovered $79,000 in unlawful U.S. 
currency in his belongings. Despite many opportunities to do so, DHS 
has yet to identify a single example in which a search that was 
conducted ``absent individualized suspicion'' resulted in the 
apprehension of a dangerous criminal or terrorist.
  This brings me to my next point. Both Secretary Chertoff and the 
Deputy Commissioner for Customs and Border Protection have tried to 
downplay the extent of privacy violations by pointing out that DHS has 
limited resources for conducting electronic searches at the border. 
That may be true, but it hardly justifies suspicionless searches. To 
the contrary, the limited nature of these resources makes it all the 
more important to direct them toward people who actually do present 
some objective basis for suspicion. As the DHS examples confirm, these 
are the cases in which electronic searches are most likely to yield 
results. Using our limited resources to search the laptops of law-
abiding Americans who present no basis for suspicion is frankly 
irresponsible.
  This is not simply a matter of what the Constitution protects or 
allows. In fact, a few lower courts have agreed with the administration 
that the Fourth Amendment does not protect Americans against 
suspicionless searches of their laptops at the border. I happen to 
believe that these decisions incorrectly applied Supreme Court 
precedent, but ultimately, that is beside the point. Not everything 
that comports with the Constitution is sound policy. A government 
practice can satisfy minimum constitutional requirements and still 
violate Americans' expectations for what they want and deserve from 
their government. In those cases, it is up to Congress to act.
  The bill I am introducing today would require DHS agents to have 
reasonable suspicion before searching the contents of laptops or other 
electronic equipment carried by U.S. citizens or other lawful residents 
of the U.S. ``Reasonable suspicion'' is a lower standard than 
``probable cause''; it simply requires DHS to have an objective basis 
for suspecting that a particular person is engaged in illegal behavior. 
No less should be required when the government seeks to encroach on 
such a significant privacy interest.
  Like the current DHS policy, the bill I am introducing requires 
probable cause in order for DHS agents to seize electronic equipment 
lent. Unlike the current policy, however, the bill defines ``seize'' in 
a manner than is consistent with both legal precedent and common sense. 
If DHS keeps your laptop or any of its contents for longer than 24 
hours, there has clearly been a seizure, and the bill recognizes this. 
The bill also reinforces the probable cause requirement by requiring 
DHS to obtain a warrant, while allowing DHS to hold on to the equipment 
pending a ruling on the warrant application.
  Most of the information DHS will review, even under a reasonable 
suspicion standard, will prove innocuous. Recognizing this, the bill 
contains provisions to protect law-abiding Americans' privacy by 
strictly limiting disclosure of information that DHS acquires through 
electronic border searches. The only disclosures that are permitted in 
the absence of warrant or court order are limited disclosures to other 
federal, state, or local government agencies. Those agencies in turn 
may apply for a warrant--or, if the laptop appears to contain foreign 
intelligence information, a Foreign Intelligence Surveillance Court 
Order--to seize the equipment.
  If DHS damages the electronic equipment in the course of a search, 
the

[[Page S9673]]

agency must compensate the owner for any resulting economic loss. The 
bill requires DHS to establish an administrative claims process to that 
end. Awards will be paid from agency funds, ensuring that the bill is 
deficit-neutral.
  The bill prohibits profiling based on race, ethnic, religion, or 
national origin. Profiling based on these characteristics has no place 
in our society. It is repugnant to our values as a pluralistic nation, 
and it is counterproductive as a matter of law enforcement. At the 
hearing I held on this issue, all of the witnesses, those invited by 
myself and those invited by Senator Brownback, agreed at that point.
  Finally, the bill contains provisions to ensure that DHS provides the 
information about its policies and practices that Congress needs and 
that the public is entitled to have. The agency must provide Congress 
and the public with any past, existing, or future policies relating to 
electronic border searches, as well as information about the 
implementation of those policies. Our ability to know what DHS claims 
the right to do at the border should never depend on whether DHS 
chooses to send a witness to a congressional hearing.
  Taken together, these provisions reverse this administration's 
departure from previous policy and, more importantly, bring the 
government's practices at the border back in line with the reasonable 
expectations of law-abiding Americans. Furthermore, they enhance the 
security of our borders by focusing the government's resources where 
they can do the most good. And they will enable all of us in this body 
to look our constituents in the eyes and say, ``You're right--that 
doesn't happen in the United States of America.''
  Mr. President, I hope that my colleagues give this bill the 
enthusiastic support it deserves. 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. 3612

       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 ``Travelers' Privacy 
     Protection Act of 2008''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Law-abiding citizens and legal residents of the United 
     States, regardless of their race, ethnicity, religion, or 
     national origin, have a reasonable expectation of privacy in 
     the contents of their laptops, cell phones, personal handheld 
     devices, and other electronic equipment.
       (2) The Department of Homeland Security has taken the 
     position that laptops and other electronic devices should not 
     be treated any differently from suitcases or other ``closed 
     containers'' and may be inspected by customs or immigration 
     agents at the border or in international airports without 
     suspicion of wrongdoing.
       (3) The Department of Homeland Security published a policy 
     on July 16, 2008, allowing customs and immigration agents at 
     the border and in international airports to ``detain'' 
     electronic equipment and ``review and analyze'' the contents 
     of electronic equipment ``absent individualized suspicion''. 
     The policy applies to any person entering the United States, 
     including citizens and other legal residents of the United 
     States returning from overseas travel.
       (4) The privacy interest in the contents of a laptop 
     computer differs in kind and in amount from the privacy 
     interest in other ``closed containers'' for many reasons, 
     including the following:
       (A) Unlike any other ``closed container'' that can be 
     transported across the border, laptops and similar electronic 
     devices can contain the equivalent of a full library of 
     information about a person, including medical records, 
     financial records, e-mails and other personal and business 
     correspondence, journals, and privileged work product.
       (B) Most people do not know, and cannot control, all of the 
     information contained on their laptops, such as records of 
     websites previously visited and deleted files.
       (C) Electronic search tools render searches of electronic 
     equipment more invasive than searches of physical locations 
     or objects.
       (5) Requiring citizens and other legal residents of the 
     United States to submit to a government review and analysis 
     of thousands of pages of their most personal information 
     without any suspicion of wrongdoing is incompatible with the 
     values of liberty and personal freedom on which the United 
     States was founded.
       (6) Searching the electronic equipment of persons for whom 
     no individualized suspicion exists is an inefficient and 
     ineffective use of limited law enforcement resources.
       (7) Some citizens and legal residents of the United States 
     who have been subjected to electronic border searches have 
     reported being asked inappropriate questions about their 
     religious practices, political beliefs, or national 
     allegiance, indicating that the search may have been premised 
     in part on perceptions about their race, ethnicity, religion, 
     or national origin.
       (8) Targeting citizens and legal residents of the United 
     States for electronic border searches based on race, 
     ethnicity, religion, or national origin is wholly ineffective 
     as a matter of law enforcement and repugnant to the values 
     and constitutional principles of the United States.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Border.--The term ``border'' includes the border and 
     the functional equivalent of the border.
       (2) Copies.--The term ``copies'', as applied to the 
     contents of electronic equipment, includes printouts, 
     electronic copies or images, or photographs of, or notes 
     reproducing or describing, any contents of the electronic 
     equipment.
       (3) Contraband.--The term ``contraband'' means any item the 
     importation of which is prohibited by the laws enforced by 
     officials of the Department of Homeland Security.
       (4) Electronic equipment.--The term ``electronic 
     equipment'' has the meaning given the term ``computer'' in 
     section 1030(e)(1) of title 18, United States Code.
       (5) Foreign intelligence information.--The term ``foreign 
     intelligence information'' means information described in 
     section 101(e)(1) of the Foreign Intelligence Surveillance 
     Act of 1978 (50 U.S.C. 1801(e)(1)).
       (6) Foreign intelligence surveillance court.--The term 
     ``Foreign Intelligence Surveillance Court'' means the court 
     established under section 103(a) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1803(a)).
       (7) Officials of the department of homeland security.--The 
     term ``officials of the Department of Homeland Security'' 
     means officials and employees of the Department of Homeland 
     Security, including officials and employees of U.S. Customs 
     and Border Protection and U.S. Immigration and Customs 
     Enforcement, who are authorized to conduct searches at the 
     border.
       (8) Permanently destroyed.--The term ``permanently 
     destroyed'', with respect to information stored 
     electronically, means the information has been deleted and 
     cannot be reconstructed or retrieved through any means.
       (9) Reasonable suspicion.--The term ``reasonable 
     suspicion'' means a suspicion that has a particularized and 
     objective basis.
       (10) Search.--
       (A) In general.--The term ``search'' means any inspection 
     of any of the contents of any electronic equipment, including 
     a visual scan of icons or file names.
       (B) Exception.--The term ``search'' does not include asking 
     a person to turn electronic equipment on or off or to engage 
     in similar actions to ensure that the electronic equipment is 
     not itself dangerous.
       (11) Seizure.--
       (A) In general.--The term ``seizure'' means the retention 
     of electronic equipment or copies of any contents of 
     electronic equipment for a period longer than 24 hours.
       (B) Exceptions.--The term ``seizure'' does not include the 
     retention of electronic equipment or copies of any contents 
     of electronic equipment--
       (i) for a period of not more than 3 days after the 
     expiration of the 24-hour period specified in section 5(e) if 
     an application for a warrant is being prepared or pending in 
     a district court of the United States;
       (ii) for a period of not more than 21 days after the 
     expiration of the 24-hour period specified in section 5(e) if 
     an application for an order from the Foreign Intelligence 
     Surveillance Court with respect to such equipment or copies 
     is being prepared; or
       (iii) if an application for an order from the Foreign 
     Intelligence Surveillance Court with respect to such 
     equipment or copies is pending before that Court.
       (12) United states resident.--The term ``United States 
     resident'' means a United States citizen, an alien lawfully 
     admitted for permanent residence under section 245 of the 
     Immigration and Nationality Act (8 U.S.C. 1255), or a 
     nonimmigrant alien described in section 101(a)(15) of such 
     Act (8 U.S.C. 1101(a)(15)) who is lawfully residing in the 
     United States.

     SEC. 4. STANDARDS FOR SEARCHES AND SEIZURES.

       (a) Searches.--Except as provided in subsection (c), 
     electronic equipment transported by a United States resident 
     may be searched at the border only if an official of the 
     Department of Homeland Security has a reasonable suspicion 
     that the resident--
       (1) is carrying contraband or is otherwise transporting 
     goods or persons in violation of the laws enforced by 
     officials of the Department of Homeland Security; or
       (2) is inadmissible or otherwise not entitled to enter the 
     United States under the laws enforced by officials of the 
     Department of Homeland Security.
       (b) Seizures.--Except as provided in subsection (c), 
     electronic equipment transported by a United States resident 
     may be seized at the border only if--
       (1) the Secretary of Homeland Security obtains a warrant 
     based on probable cause to believe that the equipment 
     contains information or evidence relevant to a violation of 
     any law enforced by the Department of Homeland Security;

[[Page S9674]]

       (2) another Federal, State, or local law enforcement agency 
     obtains a warrant based on probable cause to believe that the 
     equipment contains information or evidence relevant to a 
     violation of any law enforced by that agency; or
       (3) an agency or department of the United States obtains an 
     order from the Foreign Intelligence Surveillance Court 
     authorizing the seizure of foreign intelligence information.
       (c) Exceptions.--Nothing in this Act shall be construed to 
     affect the authority of any law enforcement official to 
     conduct a search incident to arrest, a search based upon 
     voluntary consent, or any other search predicated on an 
     established exception, other than the exception for border 
     searches, to the warrant requirement of the fourth amendment 
     to the Constitution of the United States.

     SEC. 5. PROCEDURES FOR SEARCHES.

       (a) Initiating Search.--Before beginning a search of 
     electronic equipment transported by a United States resident 
     at the border, the official of the Department of Homeland 
     Security initiating the search shall--
       (1) obtain supervisory approval to engage in the search;
       (2) record--
       (A) the nature of the reasonable suspicion and the specific 
     basis or bases for that suspicion;
       (B) if travel patterns are cited as a basis for suspicion, 
     the specific geographic area or areas of concern to which the 
     resident traveled;
       (C) the age of the resident;
       (D) the sex of the resident;
       (E) the country of origin of the resident;
       (F) the citizenship or immigration status of the resident; 
     and
       (G) the race or ethnicity of the resident, as perceived by 
     the official of the Department of Homeland Security 
     initiating the search.
       (b) Conditions of Search.--
       (1) Presence of united states resident.--The United States 
     resident transporting the electronic equipment to be searched 
     shall be permitted to remain present during the search, 
     whether the search occurs on- or off-site.
       (2) Presence of officials of the department of homeland 
     security.--Not fewer than 2 officials of the Department of 
     Homeland Security, including 1 supervisor, shall be present 
     during the search.
       (3) Environment.--The search shall take place in a secure 
     environment where only the United States resident 
     transporting the electronic equipment and officials of the 
     Department of Homeland Security are able to view the contents 
     of the electronic equipment.
       (c) Scope of Search.--The search shall--
       (1) be tailored to the reasonable suspicion recorded by the 
     official of the Department of Homeland Security before the 
     search began; and
       (2) be confined to documents, files, or other stored 
     electronic information that could reasonably contain--
       (A) contraband;
       (B) evidence that the United States resident is 
     transporting goods or persons in violation of the laws 
     enforced by the Department of Homeland Security; or
       (C) evidence that the person is inadmissible or otherwise 
     not entitled to enter the United States under the laws 
     enforced by officials of the Department of Homeland Security.
       (d) Record of Search.--At the time of the search, the 
     official or agent of the Department of Homeland Security 
     conducting the search shall record a detailed description of 
     the search conducted, including the documents, files, or 
     other stored electronic information searched.
       (e) Conclusion of Warrantless Search.--At the conclusion of 
     the 24-hour period following commencement of a search of 
     electronic equipment or the contents of electronic equipment 
     at the border--
       (1) no further search of the electronic equipment or any 
     contents of the electronic equipment is permitted without a 
     warrant or an order from the Foreign Intelligence 
     Surveillance Court authorizing the seizure of the electronic 
     equipment or the contents of the electronic equipment; and
       (2) except as specified in section 6, the electronic 
     equipment shall immediately be returned to the United States 
     resident and any copies of the contents of the electronic 
     equipment shall be permanently destroyed not later than 3 
     days after the conclusion of the search.

     SEC. 6. PROCEDURES FOR SEIZURES.

       (a) Application for Warrant by the Department of Homeland 
     Security.--If, after completing a search under section 5, an 
     official of the Department of Homeland Security has probable 
     cause to believe that the electronic equipment of a United 
     States resident contains information or evidence relevant to 
     a violation of any law enforced by the Department, the 
     Secretary of Homeland Security shall immediately apply for a 
     warrant describing with particularity the electronic 
     equipment or contents of the electronic equipment to be 
     searched (if further search is required) and the contents to 
     be seized.
       (b) Disclosure of Information and Application by Other 
     Federal, State, or Local Government Departments or 
     Agencies.--
       (1) Disclosure to other agencies or departments.--
       (A) In general.--If an official of the Department of 
     Homeland Security discovers, during a search that complies 
     with the requirements of section 5, information or evidence 
     relevant to a potential violation of a law with respect to 
     which another Federal, State, or local law enforcement agency 
     has jurisdiction, the Secretary of Homeland Security may 
     transmit a copy of that information or evidence to that law 
     enforcement agency.
       (B) Foreign intelligence information.--If an official the 
     Department of Homeland Security discovers, during a search 
     that complies with the requirements of section 5, information 
     that the Secretary of Homeland Security believes to be 
     foreign intelligence information, the Secretary may transmit 
     a copy of that information to the appropriate agency or 
     department of the United States.
       (2) Prohibition on transmission of other information.--The 
     Secretary may not transmit any information or evidence with 
     respect to the contents of the electronic equipment other 
     than the information or evidence described in paragraph (1).
       (3) Application for warrant or court order.--
       (A) In general.--A Federal, State, or local law enforcement 
     agency to which the Secretary of Homeland Security transmits 
     a copy of information or evidence pursuant to paragraph 
     (1)(A) may use the information or evidence as the basis for 
     an application for a warrant authorizing the seizure of the 
     electronic equipment or any other contents of the electronic 
     equipment.
       (B) Foreign intelligence information.--An agency or 
     department of the United States to which the Secretary 
     transmits a copy of information pursuant to paragraph (1)(B) 
     may use the information as the basis for an application for 
     an order from the Foreign Intelligence Surveillance Court 
     authorizing the seizure of the electronic equipment or any 
     contents of the electronic equipment.
       (c) Retention While an Application for a Warrant or a Court 
     Order Is Pending.--
       (1) Electronic equipment.--The Secretary of Homeland 
     Security--
       (A) may retain possession of the electronic equipment or 
     copies of any contents of the electronic equipment--
       (i) for a period not to exceed 3 days after the expiration 
     of the 24-hour period specified in section 5(e) if an 
     application for a warrant described in subsection (a) or 
     subsection (b)(3)(A) is being prepared or pending;
       (ii) for a period not to exceed 21 days after the 
     expiration of the 24-hour period specified in section 5(e) 
     while an application for an order from the Foreign 
     Intelligence Surveillance Court described in subsection 
     (b)(3)(B) is being prepared; or
       (iii) while an application for an order from the Foreign 
     Intelligence Surveillance Court described in subsection 
     (b)(3)(B) is pending before that Court; and
       (B) may not further search the electronic equipment or the 
     contents of the electronic equipment during a period 
     described in subparagraph (A).
       (2) Information transmitted to other agencies.--
       (A) In general.--Any Federal, State, or local law 
     enforcement agency that receives a copy of information or 
     evidence pursuant to subsection (b)(1)(A) shall permanently 
     destroy the copy not later than 3 days after receiving the 
     copy unless the agency has obtained a warrant authorizing the 
     seizure of the electronic equipment or copies of any contents 
     of the electronic equipment.
       (B) Foreign intelligence information.--Any agency or 
     department of the United States that receives a copy of 
     information pursuant to subsection (b)(1)(B) shall 
     permanently destroy the copy--
       (i) not later than 21 days after receiving the copy if a 
     court order authorizing the seizure of the electronic 
     equipment or copies of any contents of the electronic 
     equipment has not been obtained or denied and an application 
     for such an order is not pending before the Foreign 
     Intelligence Surveillance Court; or
       (ii) not later than 3 days after a denial by the Foreign 
     Intelligence Surveillance Court of an application for a court 
     order.
       (d) Retention Upon Execution of a Warrant or Court Order.--
       (1) In general.--Upon execution of a warrant or an order of 
     the Foreign Intelligence Surveillance Court, officials of the 
     Department of Homeland Security, the Federal, State, or local 
     law enforcement agency obtaining the warrant pursuant to 
     subsection (b)(3)(A), or the agency or department of the 
     United States obtaining the court order pursuant to 
     subsection (b)(3)(B), as the case may be, may retain copies 
     of the contents of the electronic equipment that the warrant 
     or court order authorizes to be seized.
       (2) Destruction of contents not authorized to be seized.--
     Copies of any contents of the electronic equipment that are 
     not authorized to be seized pursuant to the warrant or court 
     order described in paragraph (1) shall be permanently 
     destroyed and the electronic equipment shall be returned to 
     the United States resident unless the warrant or court order 
     authorizes seizure of the electronic equipment.
       (e) Nonretention Upon Denial of Warrant or Court Order.--If 
     the application for a warrant described in subsection (a) or 
     subsection (b)(3)(A) or for a court order described in 
     subsection (b)(3)(B) is denied, the electronic equipment 
     shall be returned to the United States resident and any 
     copies of the contents of the electronic equipment shall be 
     permanently destroyed not later than 3 days after the denial 
     of the warrant or court order.

[[Page S9675]]

       (f) Receipt and Disclosure.--Any United States resident 
     whose electronic equipment is removed from the resident's 
     possession for longer than a 24-hour period shall be provided 
     with--
       (1) a receipt;
       (2) a statement of the rights of the resident and the 
     remedies available to the resident under this Act; and
       (3) the name and telephone number of an official of the 
     Department of Homeland Security who can provide the resident 
     with information about the status of the electronic 
     equipment.

     SEC. 7. PROHIBITION ON PROFILING.

       (a) In General.--An official of the Department of Homeland 
     Security may not consider race, ethnicity, national origin, 
     or religion in selecting United States residents for searches 
     of electronic equipment or in determining the scope or 
     substance of such a search except as provided in subsection 
     (b).
       (b) Exception With Respect to Descriptions of Particular 
     Persons.--An official of the Department of Homeland Security 
     may consider race, ethnicity, national origin, or religion in 
     selecting United States resident for searches of electronic 
     equipment only to the extent that race, ethnicity, national 
     origin, or religion, as the case may be, is included among 
     other factors in a description of a particular person for 
     whom reasonable suspicion is present, based on factors 
     unrelated to race, ethnicity, national origin, or religion.
       (c) Reports.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Inspector General and the Officer for Civil Rights and Civil 
     Liberties of the Department of Homeland Security shall 
     jointly issue a public report that--
       (A) assesses the compliance of the Department of Homeland 
     Security with the prohibition under subsection (a);
       (B) assesses the impact of searches of electronic equipment 
     by the Department of Homeland Security on racial, ethnic, 
     national, and religious minorities, including whether such 
     searches have a disparate impact; and
       (C) includes any recommendations for changes to the 
     policies and procedures of the Department of Homeland 
     Security with respect to searches of electronic equipment to 
     improve the compliance of the Department with the prohibition 
     under subsection (a).
       (2) Resources.--The Secretary of Homeland Security shall 
     ensure that the Inspector General and the Officer for Civil 
     Rights and Civil Liberties are provided the necessary staff, 
     resources, data, and documentation to issue the reports 
     required under paragraph (1), including the information 
     described in sections 5(a)(2) and 5(d) if requested by the 
     Inspector General or the Officer for Civil Rights and Civil 
     Liberties.
       (d) Survey.--To facilitate an understanding of the impact 
     on racial, ethnic, national, and religious minorities of 
     searches of electronic equipment at the border, the Secretary 
     of Homeland Security shall conduct a random sampling of a 
     statistically significant number of travelers and record for 
     such travelers the demographic information described in 
     subparagraphs (C) through (G) of section 5(a)(2). That 
     information shall be maintained by the Department of Homeland 
     Security in aggregate form only.

     SEC. 8. LIMITS ON ACCESS AND DISCLOSURE.

       (a) Scope.--The limitations on access and disclosure set 
     forth in this section apply to any electronic equipment, 
     copies of contents of electronic equipment, or information 
     acquired pursuant to a search of electronic equipment at the 
     border, other than such equipment, copies, or information 
     seized pursuant to a warrant or court order.
       (b) Access.--No official, employee, or agent of the 
     Department of Homeland Security or any Federal, State, or 
     local government agency or department may have access to 
     electronic equipment or copies of the contents of the 
     electronic equipment acquired pursuant to a search of 
     electronic equipment at the border other than such an 
     official, employee, or agent who requires such access in 
     order to perform a function specifically provided for under 
     this Act.
       (c) Security.--The Secretary of Homeland Security and the 
     head of any Federal, State, or local government agency or 
     departments that comes into possession of electronic 
     equipment or any copies of the contents of electronic 
     equipment pursuant to a search of electronic equipment at the 
     border shall ensure that--
       (1) the electronic equipment is secured against theft or 
     unauthorized access; and
       (2) any electronic copies of the contents of electronic 
     equipment are encrypted or otherwise secured against theft or 
     unauthorized access.
       (d) General Prohibition on Disclosure.--No information 
     acquired by officials, employees, or agents of the Department 
     of Homeland Security or any Federal, State, or local 
     government agency or department pursuant to a search of 
     electronic equipment at the border shall be shared with or 
     disclosed to any other Federal, State, or local government 
     agency or official or any private person except as 
     specifically provided in this Act.
       (e) Court Order Exception.--If the Secretary of Homeland 
     Security or any other Federal, State, or local government 
     agency or department determines that a disclosure of 
     information that is not authorized by this Act is necessary 
     to prevent grave harm to persons or property, the Secretary 
     or agency or department, as the case may be, may apply ex 
     parte to a district court of the United States for an order 
     permitting such disclosure.
       (f) Privileges.--Any disclosure of privileged information 
     that results directly from a search of electronic equipment 
     at the border shall not operate as a waiver of the privilege.
       (g) Applicability of Privacy Act.--The limitations on 
     access and disclosure under this Act supplement rather than 
     supplant any applicable limitations set forth in section 552a 
     of title 5, United States Code.

     SEC. 9. IMPLEMENTATION.

       (a) Regulations.--The Secretary of Homeland Security shall 
     issue regulations to carry out this Act.
       (b) Training.--The Secretary of Homeland Security shall 
     ensure that all officials and agents of the Department of 
     Homeland Security engaged in searches of electronic equipment 
     at the border are thoroughly and adequately trained in the 
     laws and procedures related to such searches.
       (c) Accountability.--The Secretary of Homeland Security 
     shall implement procedures to detect and discipline 
     violations of this Act by officials, employees, and agents of 
     the Department of Homeland Security.

     SEC. 10. RECORDKEEPING AND REPORTING.

       (a) Reports to Congress.--
       (1) Existing policies and guidelines.--Not later than 30 
     days after the date of the enactment of this Act, the 
     Secretary of Homeland Security shall submit to Congress a 
     report that includes--
       (A) the policies and guidelines of the Department of 
     Homeland Security, including field supervision and 
     intelligence directives, relating to searches of electronic 
     equipment at the border in effect on the date of the 
     enactment of this Act;
       (B) any training programs or materials relating to such 
     searches being utilized on such date of enactment; and
       (C) any personnel review and accountability procedures, or 
     memoranda of understanding with other government agencies, 
     relating to such searches in effect on such date of 
     enactment.
       (2) Updated policies and guidelines.--Not later than 30 
     days after revising any of the policies, guidelines, 
     programs, materials, procedures, or memoranda described in 
     paragraph (1) or developing new such policies, guidelines, 
     programs, materials, procedures, or memoranda, the Secretary 
     of Homeland Security shall submit to Congress a report 
     containing the revised or new policies, guidelines, programs, 
     materials, procedures, or memoranda.
       (3) Information about implementation.--
       (A) Requests.--The information described in subsection 
     (b)(1)(B) and sections 5(a)(2) and 5(d) shall be made 
     available to Congress promptly upon the request of any Member 
     of Congress.
       (B) Reports.--The information described in section 5(a)(2) 
     shall be provided to Congress in aggregate form every 6 
     months.
       (4) Public availability.--The Secretary of Homeland 
     Security shall make the information in the reports required 
     under paragraphs (1), (2), and (3)(B) available to the 
     public, but may redact any information in those reports if 
     the Secretary determines that public disclosure of the 
     information would cause harm to national security.
       (b) Maintenance of Records.--
       (1) In general.--The Secretary of Homeland Security shall 
     maintain records with respect to--
       (A) the information described in sections 5(a)(2) and 5(d); 
     and
       (B) any disclosures of information acquired through 
     searches of electronic equipment at the border to other 
     agencies, officials, or private persons, and the reasons for 
     such disclosures.
       (2) Limitations on access and disclosure.--The information 
     described in paragraph (1)--
       (A) may be used or disclosed only as specifically provided 
     in this Act or another Federal law and access to that 
     information shall be limited to officials or agents of the 
     Department of Homeland Security who require access in order 
     to effectuate an authorized use or disclosure; and
       (B) shall be encrypted or otherwise protected against theft 
     or authorized access.
       (3) Use in litigation.--If otherwise discoverable, the 
     information in subsection (b)(1)(B) and sections 5(a)(2) and 
     5(d) may be provided to a person who files a civil action 
     under section 12(a) or a criminal defendant seeking to 
     suppress evidence obtained through a search of electronic 
     equipment at the border pursuant to section 12(d).

     SEC. 11. COMPENSATION FOR DAMAGE OR LOSS OF ELECTRONIC 
                   EQUIPMENT.

       (a) In General.--A United States resident who believes that 
     the electronic equipment of the resident, or contents of the 
     electronic equipment, were damaged as a result of a search or 
     seizure under this Act may file a claim with the Secretary of 
     Homeland Security for compensation. If the resident 
     demonstrates that the search or seizure resulted in damage to 
     the electronic equipment or the contents of the electronic 
     equipment, the Secretary shall compensate the resident for 
     any resulting economic loss using existing appropriations 
     available for the Department of Homeland Security.
       (b) Claims Process.--The Secretary of Homeland Security 
     shall establish an administrative claims process to handle 
     the claims

[[Page S9676]]

     described in subsection (a). The compensation decisions of 
     the Secretary shall constitute final agency actions for 
     purposes of judicial review under chapter 5 of title 5, 
     United States Code.

     SEC. 12. ENFORCEMENT AND REMEDIES.

       (a) Civil Actions.--
       (1) In general.--Any person injured by a violation of this 
     Act may file a civil action in a district court of the United 
     States against the United States or an individual officer or 
     agent of the United States for declaratory or injunctive 
     relief or damages.
       (2) Statute of limitations.--A civil action under paragraph 
     (1) shall be filed not later than 2 years after the later 
     of--
       (A) the date of the alleged violation of this Act; or
       (B) the date on which the person who files the civil action 
     reasonably should have known of the alleged violation.
       (3) Damages.--A person who demonstrates that the person has 
     been injured by a violation of this Act may receive 
     liquidated damages of $1,000 or actual economic damages, 
     whichever is higher.
       (4) Special rule with respect to civil actions for 
     profiling.--In the case of a civil action filed under 
     paragraph (1) that alleges a violation of section 7, proof 
     that searches of the electronic equipment of United States 
     residents at the border have a disparate impact on racial, 
     ethnic, religious, or national minorities shall constitute 
     prima facie evidence of the violation.
       (5) Attorney's fees.--In any civil action filed under 
     paragraph (1), the district court may allow a prevailing 
     plaintiff reasonable attorney's fees and costs, including 
     expert fees.
       (b) Admissibility of Information in Criminal Actions.--In 
     any criminal prosecution brought in a district court of the 
     United States, the court may exclude evidence obtained as a 
     direct or indirect result of a violation of this Act if the 
     exclusion would serve the interests of justice.
                                 ______
                                 
      By Mr. WYDEN (for himself, Ms. Mikulski, Mr. Whitehouse, and Mr. 
        Cardin):
  S. 3613. A bill to amend title XVIII of the Social Security Act to 
provide certain high cost Medicare beneficiaries suffering from 
multiple chronic conditions with access to Independence at home 
services in lower cost treatment settings, such as their residences, 
under a plan of care developed by an Independence at Home physician or 
Independence at Home nurse practitioner; to the Committee on Finance.
  Mr. WYDEN. Mr. President, together with colleagues in the Senate and 
the House, I am introducing the Independence at Home, IAH, Act. This 
legislation will help Medicare and our Nation improve the efficiency 
and effectiveness of spending on Medicare beneficiaries with multiple 
chronic conditions. It will not only improve care for seniors suffering 
from serious illnesses but also save money.
  Roughly 75 percent of the Nation's health care dollars are spent on 
chronic diseases. Yet spite this enormous investment, today's 
chronically ill only receive just over half, 56 percent, of the 
preventive and maintenance services that they need. Our Nation clearly 
needs to do better.
  Recent Medicare demonstrations have shown that a number of key 
improvements could go a long way to help fix this situation: First, 
primary care physicians and key health professionals must assume more 
responsibility for care coordination; second, we need to target efforts 
at beneficiaries with multiple conditions; third, after-hours care 
needs to be available so people can access medical help when they need 
it and avoid calling 911; and finally, there must be better use of 
health information technology to help manage care.
  The optimal way to address the challenges of caring for persons with 
chronic conditions is to better integrate their care. Medical problems 
are best managed and coordinated by health care professionals who know 
their patients, their problems, their medications, and their other 
health care providers. Using this approach, the IAH provides a better, 
more cost-effective way for Medicare patients with chronic conditions 
to get the care they need.
  We do all these things in the legislation I am introducing along with 
colleagues in the Senate and House: Our bill would put in place a 
demonstration that improves at-home care availability for beneficiaries 
with multiple chronic conditions to help people remain independent in 
their homes. Physicians would get paid better for managing care while 
at the same time they would be responsible for demonstrating at least 5 
percent savings in the cost of their patients' care. The bill also 
includes minimum performance standards for patient health outcomes, and 
would measure patient, caregiver and provider satisfaction.
  The Independence at Home Act establishes a three-year Medicare 
demonstration project that uses a patient-centered health care delivery 
model to ensure that Medicare beneficiaries with multiple chronic 
conditions can remain independent for as long as possible in a 
comfortable environment; advances Medicare reform by creating 
incentives for providers to develop better and lower cost health care 
for the highest cost beneficiaries; incorporates lessons from past 
Medicare demonstration projects; provides for physician and nurse 
practitioner-directed programs that hold providers accountable for 
quality, patient satisfaction, and mandatory annual minimum savings; 
and generates savings by providing better care to Medicare 
beneficiaries with multiple chronic conditions and reducing duplicative 
and unnecessary services, hospitalization, and other health care costs.
  The demonstration program will take place in the thirteen highest-
cost states plus thirteen additional states. Persons eligible for the 
program include Medicare beneficiaries with functional impairments, two 
or more chronic health problems, and recent use of other health 
services. Each IAH patient will receive a comprehensive assessment at 
least annually. The assessment will inform a plan for care that is 
directed by an IAH physician or nurse-practitioner and developed in 
collaboration with the patient. Each patient will also have an IAH plan 
coordinator. Electronic medical records and health information 
technology will be employed to improve patient care. The IAH 
organization will be required to demonstrate savings of at least 5 
percent annually compared with the costs of serving non-participating 
Medicare chronically ill beneficiaries. The IAH organization may keep 
80 percent of savings beyond the required 5 percent savings as an 
incentive to maximize the financial benefits of being an IAH member.
  I would like to thank my cosponsors in the House, Representatives Ed 
Markey, Chris Smith and Rahm Emanuel for their support, along with my 
fellow Senate cosponsors, Senators Barbara Mikulski, Benjamin Cardin 
and Sheldon Whitehouse. I would also like to thank all our staff who 
worked so hard on this legislation, particularly Gregory Hinrichsen in 
my office. Finally, we would like to thank the following groups for 
voicing their support for this legislation: the American Academy of 
Home Care Physicians; the AARP; the American Academy of Nurse 
Practitioners; the National Family Caregivers Association; the Family 
Caregiver Alliance/National Center on Caregiving; the American 
Association of Homes and Services for the Aging; the Maryland-National 
Capital Home Care Association; the Visiting Nurse Associations of 
America, and Intel Corp.
  I urge all of my colleagues to support this important legislation to 
help Medicare patients get better care at lower cost.
  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. 3613

       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 ``Independence at Home Act of 
     2008''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) According to the November 2007 Congressional Budget 
     Office Long Term Outlook for Health Care Spending, unless 
     changes are made to the way health care is delivered, growing 
     demand for resources caused by rising health care costs and 
     to a lesser extent the nation's expanding elderly population 
     will confront Americans with increasingly difficult choices 
     between health care and other priorities. However, 
     opportunities exist to constrain health care costs without 
     adverse health care consequences.
       (2) Medicare beneficiaries with multiple chronic conditions 
     account for a disproportionate share of Medicare spending 
     compared to their representation in the overall Medicare 
     population, and evidence suggests that such patients often 
     receive poorly coordinated care, including conflicting 
     information from health providers and different diagnoses of 
     the same symptoms.

[[Page S9677]]

       (3) People with chronic conditions account for 76 percent 
     of all hospital admissions, 88 percent of all prescriptions 
     filled, and 72 percent of physician visits.
       (4) More than 60 percent of physicians treating patients 
     with chronic conditions believe that their training did not 
     adequately prepare them to coordinate in-home and community 
     services; educate patients with chronic conditions; manage 
     the psychological and social aspects of chronic care; provide 
     effective nutritional guidance; and manage chronic pain.
       (5) Recent studies cited by the Congressional Budget Office 
     found substantial differences among regions of the country in 
     the cost to Medicare of treating beneficiaries with multiple 
     chronic conditions with lower cost regions experiencing 
     better outcomes and lower mortality rates. These studies have 
     suggested that Medicare spending could be reduced by 30 
     percent if more conservative practice styles were adopted, 
     however, the current Medicare fee-for-service program creates 
     incentives to provide fragmented, high cost health care 
     services.
       (6) Studies show that hospital utilization and emergency 
     room visits for patients with multiple chronic conditions can 
     be reduced and significant savings can be achieved through 
     the use of interdisciplinary teams of health care 
     professionals caring for patients in their places of 
     residence.
       (7) The Independence at Home program, designed to fund 
     better health care and improved health care technology 
     through savings it achieves, uses a patient-centered health 
     care delivery model to permit the growing number of Medicare 
     beneficiaries with multiple chronic conditions to remain as 
     independent as possible for as long as possible and to 
     receive care in a setting that is preferred by the 
     beneficiary involved and the family of such beneficiary.
       (8) The Independence at Home program begins Medicare reform 
     by creating incentives for practitioners and providers to 
     develop methods and technologies for providing better and 
     lower cost health care to the highest cost Medicare 
     beneficiaries with the greatest incentives provided in the 
     case of highest cost beneficiaries.
       (9) The Independence at Home program incorporates lessons 
     learned from prior demonstration projects and phase I of the 
     Voluntary Chronic Care Improvement program under section 1807 
     of the Social Security Act, enacted in sections 721 and 722 
     of the Medicare Prescription Drug, Improvement and 
     Modernization Act of 2003 (Public Law 108-173).
       (10) The Independence at Home Act provides for a chronic 
     care coordination demonstration for the highest cost Medicare 
     beneficiaries with multiple chronic conditions that holds 
     providers accountable for quality outcomes, patient 
     satisfaction, and mandatory minimum savings on an annual 
     basis.
       (11) The Independence at Home Act generates savings by 
     providing better, more coordinated care to the highest cost 
     Medicare beneficiaries with multiple chronic conditions, 
     reducing duplicative and unnecessary services, and avoiding 
     unnecessary hospitalizations and emergency room visits.

     SEC. 3. ESTABLISHMENT OF VOLUNTARY INDEPENDENCE AT HOME 
                   CHRONIC CARE COORDINATION DEMONSTRATION PROJECT 
                   UNDER TRADITIONAL MEDICARE FEE-FOR-SERVICE 
                   PROGRAM.

       (a) In General.--Title XVIII of the Social Security Act is 
     amended--
       (1) by amending subsection (c) of section 1807 (42 U.S.C. 
     1395b-8) to read as follows:
       ``(c) Independence at Home Chronic Care Coordination 
     Demonstration Project.--A demonstration project for 
     Independence at Home chronic care coordination programs for 
     high cost Medicare beneficiaries with multiple chronic 
     conditions is set forth in section 1807A.''; and
       (2) by inserting after section 1807 the following new 
     section:


 ``independence at home chronic care coordination demonstration project

       ``Sec. 1807A.  (a) In General.--
       ``(1) Implementation.--The Secretary shall, where possible, 
     enter into agreements with at least two unaffiliated 
     Independence at Home organizations, as described in this 
     section, to provide chronic care coordination services for a 
     period of three years in each of the 13 highest cost States 
     and the District of Columbia and in 13 additional States that 
     are representative of other regions of the United States. 
     Such organizations shall have documented experience in 
     furnishing the types of services covered by this section to 
     eligible beneficiaries in non-institutional settings using 
     qualified teams of health care professionals that are 
     directed by Independence at Home physicians or Independence 
     at Home nurse practitioners and that use health information 
     technology and individualized plans of care.
       ``(2) Eligibility.--Any organization shall be eligible for 
     an Independence at Home agreement in the developmental phase 
     if it is an Independence at Home organization (as defined in 
     subsection (b)(7)) and has the demonstrated capacity to 
     provide the services covered under this section to the number 
     of eligible beneficiaries specified in subsection (e)(3)(C). 
     No organization shall be prohibited from participating 
     because of its small size as long as it meets the eligibility 
     requirements of this section.
       ``(3) Independent evaluation.--The Secretary shall contract 
     for an independent evaluation of the Independence at Home 
     demonstration project under this section with an interim 
     report to be provided after the first year and a final report 
     to be provided after the third year of the project. Such an 
     evaluation shall be conducted by a contractor with knowledge 
     of chronic care coordination programs for the targeted 
     patient population and demonstrated experience in the 
     evaluation of such programs. Each such report shall include 
     an assessment of the following factors and shall identify the 
     characteristics of individual Independence at Home programs 
     that are the most effective:
       ``(A) Quality improvement measures.
       ``(B) Beneficiary, caregiver, and provider satisfaction.
       ``(C) Health outcomes appropriate for patients with 
     multiple chronic conditions.
       ``(D) Cost savings to the program under this title.
       ``(4) Agreements.--The Secretary shall enter into 
     agreements, beginning not later than one year after the date 
     of the enactment of this section, with Independence at Home 
     organizations that meet the participation requirements of 
     this section, including minimum performance standards 
     developed under subsection (e)(3), in order to provide access 
     by eligible beneficiaries to Independence at Home programs 
     under this section.
       ``(5) Regulations.--At least three months before entering 
     into the first agreement under this section, the Secretary 
     shall publish in the Federal Register the specifications for 
     implementing this section.
       ``(6) Periodic progress reports.--Semi-annually during the 
     first year in which this section is implemented and annually 
     thereafter during the period of implementation of this 
     section, the Secretary shall submit to the Committees on Ways 
     and Means and Energy and Commerce of the House of 
     Representatives and the Committee on Finance of the Senate a 
     report that describes the progress of implementation of this 
     section and explaining any variation from the Independence at 
     Home program as described in this section.
       ``(b) Definitions.--For purposes of this section:
       ``(1) Activities of daily living.--The term `activities of 
     daily living' means bathing, dressing, grooming, 
     transferring, feeding, or toileting.
       ``(2) Caregiver.--The term `caregiver' means, with respect 
     to an individual with a qualifying functional impairment, a 
     family member, friend, or neighbor who provides assistance to 
     the individual.
       ``(3) Eligible beneficiary.--
       ``(A) In general.--The term `eligible beneficiary' means, 
     with respect to an Independence at Home program, an 
     individual who--
       ``(i) is entitled to benefits under part A and enrolled 
     under part B, but not enrolled in a plan under part C;
       ``(ii) has a qualifying functional impairment and has been 
     diagnosed with two or more of the chronic conditions 
     described in subparagraph (C); and
       ``(iii) within the 12 months prior to the individual first 
     enrolling with an Independence at Home program under this 
     section, has received benefits under this title for services 
     described in each of clauses (i), (ii) and (iii) of 
     subparagraph (D).
       ``(B) Disqualifications.--Such term does not include an 
     individual--
       ``(i) who is receiving benefits under section 1881;
       ``(ii) who is enrolled in a PACE program under section 
     1894;
       ``(iii) who is enrolled in (and is not disenrolled from) a 
     chronic care improvement program under section 1807;
       ``(iv) who within the previous year has been a resident for 
     more than 90 days in a skilled nursing facility, a nursing 
     facility (as defined in section 1919), or any other facility 
     identified by the Secretary;
       ``(v) who resides in a setting that presents a danger to 
     the safety of in-home health care providers and primary 
     caregivers; or
       ``(vi) whose enrollment in an Independence at Home program 
     the Secretary determines would be inappropriate.
       ``(C) Chronic conditions described.--The chronic conditions 
     described in this subparagraph are the following:
       ``(i) Congestive heart failure.
       ``(ii) Diabetes.
       ``(iii) Chronic obstructive pulmonary disease.
       ``(iv) Ischemic heart disease.
       ``(v) Peripheral arterial disease.
       ``(vi) Stroke.
       ``(vii) Alzheimer's Disease and other dementias designated 
     by the Secretary.
       ``(viii) Pressure ulcers.
       ``(ix) Hypertension.
       ``(x) Neurodegenerative diseases designated by the 
     Secretary which result in high costs under this title, 
     including amyotropic lateral sclerosis (ALS), multiple 
     sclerosis, and Parkinson's disease.
       ``(xi) Any other chronic condition that the Secretary 
     identifies as likely to result in high costs to the program 
     under this title when such condition is present in 
     combination with one or more of the chronic conditions 
     specified in the preceding clauses.
       ``(D) Services described.--The services described in this 
     subparagraph are the following:
       ``(i) Non-elective inpatient hospital services.
       ``(ii) Services in the emergency department of a hospital.
       ``(iii) Any of the following services:

       ``(I) Extended care services.

[[Page S9678]]

       ``(II) Services in an acute rehabilitation facility.
       ``(III) Home health services.

       ``(4) Independence at home assessment.--The term 
     `Independence at Home assessment' means, with respect to an 
     eligible beneficiary, a comprehensive medical history, 
     physical examination, and assessment of the beneficiary's 
     clinical and functional status that--
       ``(A) is conducted by--
       ``(i) an Independence at Home physician or an Independence 
     at Home nurse practitioner;
       ``(ii) a physician assistant, nurse practitioner, or 
     clinical nurse specialist, as defined in section 1861(aa)(5), 
     who is employed by an Independence at Home organization and 
     is working in collaboration with an Independence at Home 
     physician or Independence at Home nurse practitioner; or
       ``(iii) any other health care professional that meets such 
     conditions as the Secretary may specify; and
       ``(B) includes an assessment of--
       ``(i) activities of daily living and other co-morbidities;
       ``(ii) medications and medication adherence;
       ``(iii) affect, cognition, executive function, and presence 
     of mental disorders;
       ``(iv) functional status, including mobility, balance, 
     gait, risk of falling, and sensory function;
       ``(v) social functioning and social integration;
       ``(vi) environmental needs and a safety assessment;
       ``(vii) the ability of the beneficiary's primary caregiver 
     to assist with the beneficiary's care as well as the 
     caregiver's own physical and emotional capacity, education, 
     and training;
       ``(viii) whether the beneficiary is likely to benefit from 
     an Independence at Home program;
       ``(ix) whether the conditions in the beneficiary's home or 
     place of residence would permit the safe provision of 
     services in the home or residence, respectively, under an 
     Independence at Home program; and
       ``(x) other factors determined appropriate by the 
     Secretary.
       ``(5) Independence at home care team.--The term 
     `Independence at Home care team'--
       ``(A) means, with respect to a participant, a team of 
     qualified individuals that provides services to the 
     participant as part of an Independence at Home program; and
       ``(B) includes an Independence at Home physician or an 
     Independence at Home nurse practitioner and an Independence 
     at Home coordinator (who may also be an Independence at Home 
     physician or an Independence at Home nurse practitioner).
       ``(6) Independence at home coordinator.--The term 
     `Independence at Home coordinator' means, with respect to a 
     participant, an individual who--
       ``(A) is employed by an Independence at Home organization 
     and is responsible for coordinating all of the elements of 
     the participant's Independence at Home plan;
       ``(B) is a licensed health professional, such as a 
     physician, registered nurse, nurse practitioner, clinical 
     nurse specialist, physician assistant, or other health care 
     professional as the Secretary determines appropriate, who has 
     at least one year of experience providing and coordinating 
     medical and related services for individuals in their homes; 
     and
       ``(C) serves as the primary point of contact responsible 
     for communications with the participant and for facilitating 
     communications with other health care providers under the 
     plan.
       ``(7) Independence at home organization.--The term 
     `Independence at Home organization' means a provider of 
     services, a physician or physician group practice, a nurse 
     practitioner or nurse practitioner group practice, or other 
     legal entity which receives payment for services furnished 
     under this title (other than only under this section) and 
     which--
       ``(A) has entered into an agreement under subsection (a)(2) 
     to provide an Independence at Home program under this 
     section;
       ``(B)(i) is able to provide all of the elements of the 
     Independence at Home plan in a participant's home or place of 
     residence, or
       ``(ii) if the organization is not able to provide all such 
     elements in such home or residence, has adequate mechanisms 
     for ensuring the provision of such elements by one or more 
     qualified entities;
       ``(C) has Independence at Home physicians, clinical nurse 
     specialists, nurse practitioners, or physician assistants 
     available to respond to patient emergencies 24 hours a day, 
     seven days a week;
       ``(D) accepts all eligible beneficiaries from the 
     organization's service area except to the extent that 
     qualified staff are not available; and
       ``(E) meets other requirements for such an organization 
     under this section.
       ``(8) Independence at home physician.--The term 
     `Independence at Home physician' means a physician who--
       ``(A) is employed by or affiliated with an Independence at 
     Home organization, as required under paragraph (7)(C), or has 
     another contractual relationship with the Independence at 
     Home organization that requires the physician to be 
     responsible for the plans of care for the physician's 
     patients;
       ``(B) is certified--
       ``(i) by the American Board of Family Physicians, the 
     American Board of Internal Medicine, the American Osteopathic 
     Board of Family Physicians, the American Osteopathic Board of 
     Internal Medicine, the American Board of Emergency Medicine, 
     or the American Board of Physical Medicine and 
     Rehabilitation; or
       ``(ii) by a Board recognized by the American Board of 
     Medical Specialties and determined by the Secretary to be 
     appropriate for the Independence at Home program;
       ``(C) has--
       ``(i) a certification in geriatric medicine as provided by 
     American Board of Medical Specialties; or
       ``(ii) passed the clinical competency examination of the 
     American Academy of Home Care Physicians and has substantial 
     experience in the delivery of medical care in the home, 
     including at least two years of experience in the management 
     of Medicare patients and one year of experience in home-based 
     medical care including at least 200 house calls; and
       ``(D) has furnished services during the previous 12 months 
     for which payment is made under this title.
       ``(9) Independence at home nurse practitioner.--The term 
     `Independence at Home nurse practitioner' means a nurse 
     practitioner who--
       ``(A) is employed by or affiliated with an Independence at 
     Home organization, as required under paragraph (7)(C), or has 
     another contractual relationship with the Independence at 
     Home organization that requires the nurse practitioner to be 
     responsible for the plans of care for the nurse 
     practitioner's patients;
       ``(B) practices in accordance with State law regarding 
     scope of practice for nurse practitioners;
       ``(C) is certified--
       ``(i) as a Gerontologic Nurse Practitioner by the American 
     Academy of Nurse Practitioners Certification Program or the 
     American Nurses Credentialing Center; or
       ``(ii) as a family nurse practitioner or adult nurse 
     practitioner by the American Academy of Nurse Practitioners 
     Certification Board or the American Nurses Credentialing 
     Center and holds a certificate of Added Qualification in 
     gerontology, elder care or care of the older adult provided 
     by the American Academy of Nurse Practitioners, the American 
     Nurses Credentialing Center or a national nurse practitioner 
     certification board deemed by the Secretary to be appropriate 
     for an Independence at Home program; and
       ``(D) has furnished services during the previous 12 months 
     for which payment is made under this title.
       ``(10) Independence at home plan.--The term `Independence 
     at Home plan' means a plan established under subsection 
     (d)(2) for a specific participant in an Independence at Home 
     program.
       ``(11) Independence at home program.--The term 
     `Independence at Home program' means a program described in 
     subsection (d) that is operated by an Independence at Home 
     organization.
       ``(12) Participant.--The term `participant' means an 
     eligible beneficiary who has voluntarily enrolled in an 
     Independence at Home program.
       ``(13) Qualified entity.--The term `qualified entity' means 
     a person or organization that is licensed or otherwise 
     legally permitted to provide the specific element (or 
     elements) of an Independence at Home plan that the entity has 
     agreed to provide.
       ``(14) Qualifying functional impairment.--The term 
     `qualifying functional impairment' means an inability to 
     perform, without the assistance of another person, two or 
     more activities of daily living.
       ``(c) Identification and Enrollment of Prospective Program 
     Participants.--
       ``(1) Notice to eligible independence at home 
     beneficiaries.--The Secretary shall develop a model notice to 
     be made available to Medicare beneficiaries (and to their 
     caregivers) who are potentially eligible for an Independence 
     at Home program by participating providers and by 
     Independence at Home programs. Such notice shall include the 
     following information:
       ``(A) A description of the potential advantages to the 
     beneficiary participating in an Independence at Home program.
       ``(B) A description of the eligibility requirements to 
     participate.
       ``(C) Notice that participation is voluntary.
       ``(D) A statement that all other Medicare benefits remain 
     available to beneficiaries who enroll in an Independence at 
     Home program.
       ``(E) Notice that those who enroll in an Independence at 
     Home program may have co-payments for house calls by 
     Independence at Home physicians or by Independence at Home 
     nurse practitioners reduced or eliminated at the discretion 
     of the Independence at Home physician or Independence at Home 
     nurse practitioner involved.
       ``(F) A description of the services that could potentially 
     be provided under an Independence at Home plan.
       ``(G) A description of the method for participating, or 
     withdrawing from participation, in an Independence at Home 
     program or becoming no longer eligible to so participate.
       ``(2) Voluntary participation and choice.--An eligible 
     beneficiary may participate in an Independence at Home 
     program through enrollment in such program on a voluntary 
     basis and may terminate such participation at any time. Such 
     a beneficiary may also receive Independence at Home services 
     from the Independence at Home organization of the 
     beneficiary's choice but may not receive Independence at Home 
     services

[[Page S9679]]

     from more than one Independence at Home organization at a 
     time.
       ``(d) Independence at Home Program Requirements.--
       ``(1) In general.--Each Independence at Home program shall, 
     for each participant enrolled in the program--
       ``(A) designate--
       ``(i) an Independence at Home physician or an Independence 
     at Home nurse practitioner; and
       ``(ii) an Independence at Home coordinator;
       ``(B) have a process to ensure that the participant 
     received an Independence at Home assessment before enrollment 
     in the program;
       ``(C) with the participation of the participant (or the 
     participant's representative or caregiver), an Independence 
     at Home physician or an Independence at Home nurse 
     practitioner, and Independence at Home coordinator, develop 
     an Independence at Home plan for the participant in 
     accordance with paragraph (2);
       ``(D) ensure that the participant receives an Independence 
     at Home assessment at least annually after the original 
     assessment to ensure that the Independence at Home plan for 
     the participant remains current and appropriate;
       ``(E) implement all of the elements of the participant's 
     Independence at Home plan and in instances in which the 
     Independence at Home organization does not provide specific 
     elements of the Independence at Home plan, ensure that 
     qualified entities successfully implement those specific 
     elements;
       ``(F) provide for an electronic medical record and 
     electronic health information technology to coordinate the 
     participant's care and to exchange information with the 
     Medicare program and electronic monitoring and communication 
     technologies and mobile diagnostic and therapeutic 
     technologies as appropriate and accepted by the participant; 
     and
       ``(G) respect the participant's right to health information 
     privacy and obtain permission from the participant (or 
     responsible person) for the use and disclosure of 
     identifiable health information necessary for treatment, 
     payment, or health care operations.
       ``(2) Independence at home plan.--
       ``(A) In general.--An Independence at Home plan for a 
     participant shall be developed with the participant, an 
     Independence at Home physician or an Independence at Home 
     nurse practitioner, an Independence at Home coordinator, and, 
     if appropriate, one or more of the participant's caregivers 
     and shall--
       ``(i) document the chronic conditions, co-morbidities, and 
     other health needs identified in the participant's 
     Independence at Home assessment;
       ``(ii) determine which elements of an Independence at Home 
     plan described in subparagraph (C) are appropriate for the 
     participant; and
       ``(iii) identify the qualified entity responsible for 
     providing each element of such plan.
       ``(B) Communication of individualized independence at home 
     plan to the independence at home coordinator.--If the 
     Independence at Home physician or Independence at Home nurse 
     practitioner responsible for conducting the participant's 
     Independence at Home assessment and developing the 
     Independence at Home plan is not the participant's 
     Independence at Home coordinator, the Independence at Home 
     physician or Independence at Home nurse practitioner is 
     responsible for ensuring that the participant's Independence 
     at Home coordinator has such plan and is familiar with the 
     requirements of the plan and has the appropriate contact 
     information for all of the members of the Independence at 
     Home care team.
       ``(C) Elements of independence at home plan.--An 
     Independence at Home organization shall have the capability 
     to provide, directly or through a qualified entity, and shall 
     offer all of the following elements of an Independence at 
     Home plan to the extent they are appropriate and accepted by 
     a participant:
       ``(i) Self-care education and preventive care consistent 
     with the participant's condition.
       ``(ii) Coordination of all medical treatment furnished to 
     the participant, regardless of whether such treatment is 
     covered and available to the participant under this title.
       ``(iii) Information about, and access to, hospice care.
       ``(iv) Pain and palliative care and end-of-life care.
       ``(v) Education for primary caregivers and family members.
       ``(vi) Caregiver counseling services and information about, 
     and referral to, other caregiver support and health care 
     services in the community.
       ``(vii) Monitoring and management of medications as well as 
     assistance to participants and their caregivers with respect 
     to selection of a prescription drug plan under part D that 
     best meets the needs of the participant's chronic conditions.
       ``(viii) Referral to social services, such as personal 
     care, meals, volunteers, and individual and family therapy.
       ``(ix) Access to phlebotomy and ancillary laboratory and 
     imaging services, including point of care laboratory and 
     imaging diagnostics.
       ``(3) Primary treatment role within an independence at home 
     care team .--An Independence at Home physician or an 
     Independence at Home nurse practitioner may assume the 
     primary treatment role as permitted under State law.
       ``(4) Additional responsibilities.--
       ``(A) Outcomes report.--Each Independence at Home 
     organization offering an Independence at Home program shall 
     monitor and report to the Secretary, in a manner specified by 
     the Secretary, on--
       ``(i) patient outcomes;
       ``(ii) beneficiary, caregiver, and provider satisfaction 
     with respect to coordination of the participant's care; and
       ``(iii) the achievement of mandatory minimum savings 
     described in subsection (e)(6).
       ``(B) Additional requirements.--Each such organization and 
     program shall comply with such additional requirements as the 
     Secretary may specify.
       ``(e) Terms and Conditions.--
       ``(1) In general.--An agreement under this section with an 
     Independence at Home organization shall contain such terms 
     and conditions as the Secretary may specify consistent with 
     this section.
       ``(2) Clinical, quality improvement, and financial 
     requirements.--The Secretary may not enter into an agreement 
     with such an organization under this section for the 
     operation of an Independence at Home program unless--
       ``(A) the program and organization meet the requirements of 
     subsection (d), minimum quality and performance standards 
     developed under paragraph (3), and such clinical, quality 
     improvement, financial, and other requirements as the 
     Secretary deems to be appropriate for participants to be 
     served; and
       ``(B) the organization demonstrates to the satisfaction of 
     the Secretary that the organization is able to assume 
     financial risk for performance under the agreement with 
     respect to payments made to the organization under such 
     agreement through available reserves, reinsurance, or 
     withholding of funding provided under this title, or such 
     other means as the Secretary determines appropriate.
       ``(3) Minimum quality and performance standards.--
       ``(A) In general.--The Secretary shall develop mandatory 
     minimum quality and performance standards for Independence at 
     Home organizations and programs.
       ``(B) Standards to be included.--Such standards shall 
     include measures of--
       ``(i) participant outcomes;
       ``(ii) satisfaction of the beneficiary, caregiver, and 
     provider involved; and
       ``(iii) cost savings consistent with paragraph (6).
       ``(C) Minimum participation standard.--Such standards shall 
     include a requirement that, for any year after the first 
     year, an Independence at Home program had an average number 
     of participants during the previous year of at least 100 
     participants.
       ``(4) Term of agreement and modification.--The agreement 
     under this subsection shall be, subject to paragraphs (3)(C) 
     and (5), for a period of three years, and the terms and 
     conditions may be modified during the contract period only 
     upon the request of the Independence at Home organization.
       ``(5) Termination and non-renewal of agreement.--
       ``(A) In general.--If the Secretary determines that an 
     Independence at Home organization has failed to meet the 
     minimum performance standards under paragraph (3) or other 
     requirements under this section, the Secretary may terminate 
     the agreement of the organization at the end of the contract 
     year.
       ``(B) Required termination where risk to health or safety 
     of a participant.--The Secretary shall terminate an agreement 
     with an Independence at Home organization at any time the 
     Secretary determines that the care being provided by such 
     organization poses a threat to the health and safety of a 
     participant.
       ``(C) Termination by independence at home organizations.--
     Notwithstanding any other provision of this subsection, an 
     Independence at Home organization may terminate an agreement 
     with the Secretary under this section to provide an 
     Independence at Home program at the end of a contract year if 
     the organization provides to the Secretary and to the 
     beneficiaries participating in the program notification of 
     such termination more than 90 days before the end of such 
     year. Paragraphs (6), (8), and (9)(B) shall apply to the 
     organization until the date of termination.
       ``(D) Notice of involuntary termination.--The Secretary 
     shall notify the participants in an Independence at Home 
     program as soon as practicable if a determination is make to 
     terminate an agreement with the Independence at Home 
     organization involuntarily as provided in subparagraphs (A) 
     and (B). Such notice shall inform the beneficiary of any 
     other Independence at Home organizations that might be 
     available to the beneficiary.
       ``(6) Mandatory minimum savings.--
       ``(A) In general.--Under an agreement under this 
     subsection, each Independence at Home organization shall 
     ensure that during any year of the agreement for its 
     Independence at Home program, there is an aggregate savings 
     in the cost to the program under this title for participating 
     beneficiaries, as calculated under subparagraph (B), that is 
     not less than the product of--
       ``(i) 5 percent of the estimated average monthly costs that 
     would have been incurred under parts A, B, and D if those 
     beneficiaries had not participated in the Independence at 
     Home program; and

[[Page S9680]]

       ``(ii) the number of participant-months for that year.
       ``(B) Computation of aggregate savings.--
       ``(i) Model for calculating savings.--The Secretary shall 
     contract with a nongovernmental organization or academic 
     institution to independently develop an analytical model for 
     determining whether an Independence at Home program achieves 
     at least savings required under subparagraph (A) relative to 
     costs that would have been incurred by Medicare in the 
     absence of Independence at Home programs. The analytical 
     model developed by the independent research organization for 
     making these determinations shall utilize state-of-the-art 
     econometric techniques, such as Heckman's selection 
     correction methodologies, to account for sample selection 
     bias, omitted variable bias, or problems with endogeneity.
       ``(ii) Application of the model.--Using the model developed 
     under clause (i), the Secretary shall compare the actual 
     costs to Medicare of beneficiaries participating in an 
     Independence at Home program to the predicted costs to 
     Medicare of such beneficiaries to determine whether an 
     Independence at Home program achieves the savings required 
     under subparagraph (A).
       ``(iii) Revisions of the model.--The Secretary shall 
     require that the model developed under clause (i) for 
     determining savings shall be designed according to 
     instructions that will control, or adjust for, inflation as 
     well as risk factors including, age, race, gender, disability 
     status, socioeconomic status, region of country (such as 
     State, county, metropolitan statistical area, or zip code), 
     and such other factors as the Secretary determines to be 
     appropriate, including adjustment for prior health care 
     utilization. The Secretary may add to, modify, or substitute 
     for such adjustment factors if such changes will improve the 
     sensitivity or specificity of the calculation of costs 
     savings.
       ``(iv) Participant-month.--In making the calculation 
     described in subparagraph (A), each month or part of a month 
     in a program year that a beneficiary participates in an 
     Independence at Home program shall be counted as a 
     `participant-month'.
       ``(C) Notice of savings calculation.--No later than 120 
     days before the beginning of any Independence at Home program 
     year, the Secretary shall publish in the Federal Register a 
     description of the model developed under subparagraph (B)(i) 
     and information for calculating savings required under 
     subparagraph (A), including any revisions, sufficient to 
     permit Independence at Home organizations to determine the 
     savings they will be required to achieve during the program 
     year to meet the savings requirement under such subparagraph. 
     In order to facilitate this notice, the Secretary may 
     designate a single annual date for the beginning of all 
     Independence at Home program years that shall not be later 
     than one year from the date of enactment of this section.
       ``(7) Manner of payment.--Subject to paragraph (8), 
     payments shall be made by the Secretary to an Independence at 
     Home organization at a rate negotiated between the Secretary 
     and the organization under the agreement for--
       ``(A) Independence at Home assessments; and
       ``(B) on a per-participant, per-month basis for the items 
     and services required to be provided or made available under 
     subsection (d).
       ``(8) Ensuring mandatory minimum savings.--The Secretary 
     shall require any Independence at Home organization that 
     fails in any year to achieve the mandatory minimum savings 
     described in paragraph (6) to provide those savings by 
     refunding payments made to the organization under paragraph 
     (7) during such year.
       ``(9) Budget neutral payment condition.--
       ``(A) In general.--Under this section, the Secretary shall 
     ensure that the cumulative, aggregate sum of Medicare program 
     benefit expenditures under parts A, B, and D for participants 
     in Independence at Home programs and funds paid to 
     Independence at Home organizations under this section, shall 
     not exceed the Medicare program benefit expenditures under 
     such parts that the Secretary estimates would have been made 
     for such participants in the absence of such programs.
       ``(B) Treatment of savings.--If an Independence at Home 
     organization achieves aggregate savings in a year in excess 
     of the mandatory minimum savings described in paragraph (6), 
     80 percent of such aggregate savings shall be paid to the 
     organization and the remainder shall be retained by the 
     programs under this title.
       ``(f) Waiver of Coinsurance for House Calls.--A physician 
     or nurse practitioner furnishing services in the home or 
     residence of a participant in an Independence at Home program 
     may waive collection of any coinsurance that might otherwise 
     be payable under section 1833(a) with respect to such 
     services.
       ``(g) Report.--Not later than one year after the end of the 
     Independence at Home demonstration project under this 
     section, the Secretary shall submit to Congress a report on 
     such project. Such report shall include information on--
       ``(1) whether Independence at Home programs under the 
     project met the performance standards for beneficiary, 
     caregiver, and provider satisfaction; and
       ``(2) participant outcomes and cost savings, as well as the 
     characteristics of the programs that were most effective and 
     whether the participant eligibility criteria identified 
     beneficiaries who were in the top ten percent of the highest 
     cost Medicare beneficiaries.''.
       (b) Conforming Amendments.--
       (1) Section 1833(a) of such Act (42 U.S.C. 1395l(a)) is 
     amended, in the matter before paragraph (1), by inserting 
     ``and section 1807A(f)'' after ``section 1876''.
       (2) Section 1128B(b)(3) of such Act (42 U.S.C. 1320a-
     7b(b)(3)) is amended--
       (A) by striking ``and'' at the end of subparagraph (G);
       (B) by striking ``1853(a)(4).'' at the end of the first 
     subparagraph (H) and inserting ``1853(a)(4);'';
       (C) by redesignating the second subparagraph (H) as 
     subparagraph (I) and by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following new subparagraph:
       ``(J) a waiver of coinsurance under section 1807A(f).''.
                                 ______
                                 
      By Mr. CASEY:
  S. 3614. A bill to require semiannual indexing of mandatory Federal 
food assistance programs; to the Committee on Agriculture, Nutrition, 
and Forestry.
  Mr. CASEY. Mr. President, I rise today to talk about an issue that, 
in the midst of this devastating economic crisis, continues to plague 
more and more Americans every day--hunger. Although hunger in this 
country may not be as obvious as it is in other nations, it nonetheless 
exists and has devastating consequences for those it affects. It 
weakens the body, making it more susceptible to illness. It impedes 
child development and reduces a child's ability to learn. It saps 
valuable energy, resulting in lowered productivity and less earning 
potential. In short, hunger has a devastating effect on those it 
touches.
  In 2006 alone, the United States Department of Agriculture, USDA, 
reported that 35.5 million Americans did not have enough money or 
resources to get food for at least some period during the year. This 
figure was an increase of 400,000 over 2005 and an increase of 2.3 
million since 2000. And, with the fragile state of our economy, we can 
only assume that when the figures for 2007 and 2008 are released, the 
number of Americans living with hunger will be even greater.
  Unfortunately, for these millions of Americans facing hunger, the 
ability to afford the food they so desperately need has not become any 
easier over the past year. According to the Department of Labor, the 
cost of food at home rose 7.1 percent from July 2007 to July 2008. But, 
for the nearly 28 million Americans receiving food stamps, the effects 
of food price inflation during that time period were even more 
devastating. From July 2007 to July 2008, the cost of the ``Thrifty 
Food Plan''--the Government's estimate of what constitutes a 
nutritious, minimal cost meal plan--rose by 10 percent. As a result, 
the benefits currently provided to food stamp participants are not 
enough to even cover the cost of this minimally adequate diet.
  Each summer, the United States Department of Agriculture sets new 
food stamp benefit levels based on the average of the previous year's 
food price inflation. However, these new benefit levels are not 
implemented until the first day of October each year, by which time 
they already lag behind current prices. For instance, when updated food 
stamp benefit levels were provided to an average family of four in 
October 2007, they were already lagging $12.20 behind the monthly cost 
of the Thrifty Food Plan. By July of this year, that same family of 
four was receiving $56 per month less than they needed to afford the 
cost of this minimal diet. for such low-income families, already facing 
rising home energy and transportation costs, and having non-negotiable 
expenditures like rent or mortgage payments and child care expenses 
needing to be paid, food purchases are often the only area of the 
monthly budget where cuts can be made.
  But, food price inflation is not only affecting the price families 
are paying for food at home. It is also affecting the prices schools 
are paying for foods provided through child nutrition programs like 
school breakfasts, lunches, and after-school snack programs. While the 
Federal Government does reimburse schools for the costs of providing 
these programs to children from low-income families, with ever rising 
food prices, these reimbursements are not enough to cover the expenses 
of providing these meals.
  Like food stamps, school meal reimbursement rates are updated every

[[Page S9681]]

summer to account for inflation. But, by the time the school year 
begins, these reimbursements already lag behind the true cost of 
producing the meal. In fact, a recent survey by the School Nutrition 
Association found that 88 percent of responding school districts 
indicated that Federal reimbursement rates were not sufficient to cover 
the costs of producing a meal during the 2007/08 school year. As a 
result, 73 percent of these school districts said they plan to increase 
the price other students pay for food services in this coming school 
year to make up for the increased costs.
  Congress can and must do more to ensure that Federal nutrition 
assistance programs can adequately cover the costs of food for those 
most in need. That's why today I'm pleased to introduce the National 
Hunger Relief Act of 2008. This act will make critical changes needed 
to help low-income families and schools cover the costs of purchasing 
healthy, nutritious foods.
  Under this act, when setting benefit levels for food stamps, Congress 
would anticipate the food price inflation that will occur in the coming 
fiscal year, and would act to offset it by setting a higher benefit 
rate for October 1 than is currently provided. Beginning in fiscal year 
2010, recipients would receive 102 percent of the cost of the Thrifty 
Food Plan in the previous June. By fiscal year 2012, this benefit rate 
would be ramped up to 103 percent of the cost of the Thrifty Food Plan 
in the previous June. This change would be consistent with the way food 
stamp benefits were regularly adjusted for food price inflation for 
many years prior to 1996. By providing this higher benefit rate, food 
stamp benefits would be adequate to meet rising food prices over the 
course of the following year. As a result, low-income families 
participating in the food stamp program would have the necessary 
resources to purchase the foods their families need and be able to 
ensure that their families do not suffer from the adverse effects of 
hunger.
  To solve the problem of inadequate reimbursement rates for certain 
child nutrition programs, this bill would provide for semi-annual 
reimbursement rate adjustments. In addition to the current annual 
update in July to reimbursement rates for school meal programs, 
reimbursement rates would also be adjusted for inflation each January. 
As a result of this change, reimbursement rates for the National School 
Lunch and Breakfast Programs, the Special Milk Program, the Child and 
Adult Day Care Program, and the Summer Food Service Program would more 
accurately reflect the costs that schools or service providers incur to 
provide foods through these programs. This, in turn, would help to keep 
the prices charged for foods provided to other children at schools more 
in line with the costs of procuring and providing those foods.
  I am introducing this legislation today because it is critically 
important to begin the dialogue on finding ways to ensure that our 
nutrition assistance programs can continue to prevent hunger by 
providing necessary nourishment to Americans of all ages. However, I 
also recognize that we have a challenge to ensure that these nutrition 
assistance programs can operate in the most efficient and cost-
effective manner possible while adequately serving the more than 35.5 
million Americans who continue to be plagued by the threat of hunger. 
Over the coming months, as we continue to work on ways to eradicate 
hunger in this Nation and begin to consider the reauthorization of the 
Child Nutrition Act, I will continue seeking out ways to make reforms 
to this and other nutrition assistance legislation to ensure that--at 
the end of the day--these programs can continue to effectively reach 
those most in need.
  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. 3614

       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 ``National Hunger Relief Act 
     of 2008''.

     SEC. 2. NUTRITION PROGRAMS.

       (a) Supplemental Nutrition Assistance Program.--Section 
     3(u) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(u)) 
     is amended--
       (1) by striking ``(u) `Thrifty food plan' means'' and 
     inserting the following:
       ``(u) Thrifty Food Plan.--
       ``(1) In general.--The term `thrifty food plan' means'';
       (2) in the second sentence--
       (A) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D), respectively, and indenting 
     appropriately;
       (B) by striking ``The cost of such diet'' and inserting the 
     following:
       ``(2) Adjustments.--The cost of the diet described in 
     paragraph (1)''; and
       (C) by striking subparagraph (D) (as redesignated by 
     subparagraph (A)) and inserting the following:
       ``(D)(i) on October 1, 2009, adjust the cost of the diet to 
     reflect 102 percent of the cost of the diet in the preceding 
     June, and round the result to the nearest higher dollar 
     increment for each household size, except that the Secretary 
     may not reduce the cost of the diet below that in effect 
     during the immediately preceding fiscal year;
       ``(ii) on October 1, 2010, adjust the cost of the diet to 
     reflect 102.5 percent of the cost of the diet in the 
     preceding June, and round the result to the nearest higher 
     dollar increment for each household size, except that the 
     Secretary may not reduce the cost of the diet below that in 
     effect during the immediately preceding fiscal year; and
       ``(iii) on October 1, 2011, and each October 1 thereafter, 
     adjust the cost of the diet to reflect 103 percent of the 
     cost of the diet in the preceding June, and round the result 
     to the nearest higher dollar increment for each household 
     size, except that the Secretary may not reduce the cost of 
     the diet below that in effect during the immediately 
     preceding fiscal year.''.
       (b) Conforming Amendments.--
       (1) Section 19(a)(2)(A)(ii) of the Food and Nutrition Act 
     of 2008 (7 U.S.C. 2028(a)(2)(A)(ii)) is amended by striking 
     ``3(u)(4)'' and inserting ``3(u)(2)''.
       (2) Section 27(a)(2)(C) of the Food and Nutrition Act of 
     2008 (7 U.S.C. 2036(a)(2)(C)) is amended by striking 
     ``3(u)(4)'' and inserting ``3(u)(2)''.

     SEC. 3. SCHOOL MEALS.

       (a) Commodities.--Section 6(c)(1) of the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1755(c)(1)) is amended--
       (1) in subparagraph (A), by striking ``on July 1, 1982, and 
     each July 1 thereafter'' and inserting ``in accordance with 
     subparagraph (B)''; and
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Adjustment.--The Secretary shall--
       ``(i) on each January 1, increase the value of food 
     assistance for each meal by the annual percentage change in a 
     3-month average value of the Price Index for Foods Used in 
     Schools and Institutions for September, October, and November 
     each year;
       ``(ii) on each July 1, increase the value of food 
     assistance for each meal by the annual percentage change in a 
     3-month average value of the Price Index for Foods Used in 
     Schools and Institutions for March, April, and May each year; 
     and
       ``(iii) round the result of each increase to the nearest 
     higher \1/4\ cent.''.
       (b) Overall Adjustment.--Section 11(a) of the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1759a(a)) is 
     amended--
       (1) in paragraph (2), by striking ``98.75 cents'' and 
     inserting ``the amount computed under paragraph (3)''; and
       (2) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) in the matter before clause (i), by striking ``July 1, 
     1982, and on each subsequent July 1, an annual adjustment'' 
     and inserting ``each January 1 and July 1, a semiannual 
     increase''; and
       (ii) in clause (ii), by striking ``(as established under 
     paragraph (2) of this subsection)'';
       (B) in subparagraph (B)--
       (i) in clause (i), by striking ``annual adjustment'' and 
     inserting ``semiannual increase'';
       (ii) in clause (ii)--

       (I) by striking ``annual adjustment'' and inserting 
     ``semiannual increase''; and
       (II) by striking ``12-month period'' and inserting ``6-
     month period''; and

       (iii) by striking clause (iii) and inserting the following:
       ``(iii) Rounding.--On each January 1 and July 1, the 
     national average payment rates for meals and supplements 
     shall be--

       ``(I) increased to the nearest higher cent; and
       ``(II) based on the unrounded amount previously in 
     effect.''.

       (c) Payments to Service Institutions.--Section 13(b)(1) of 
     the Richard B. Russell National School Lunch Act (42 U.S.C. 
     1761(b)(1)) is amended by striking subparagraph (B) and 
     inserting the following:
       ``(B) Adjustments.--The Secretary shall--
       ``(i) on each January 1, increase each amount specified in 
     subparagraph (A) as adjusted through the preceding July 1 to 
     reflect changes for the 6-month period ending the preceding 
     November 30 in the series for food away from home of the 
     Consumer Price Index for All Urban Consumers published by the 
     Bureau of Labor Statistics of the Department of Labor;
       ``(ii) on each July 1, increase each amount specified in 
     subparagraph (A) as adjusted through the preceding January 1 
     to reflect changes for the 6-month period ending the 
     preceding May 31 in the series for food away

[[Page S9682]]

     from home of the Consumer Price Index for All Urban Consumers 
     published by the Bureau of Labor Statistics of the Department 
     of Labor;
       ``(iii) base each increase on the unrounded amount 
     previously in effect; and
       ``(iv) round each increase described in clauses (i) and 
     (ii) to the nearest higher cent increment.''.
       (d) Reimbursement of Family or Group Day Care Home 
     Sponsoring Organizations.--
       (1) Tier i.--Section 17(f)(3)(A)(ii)(IV) of the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 
     1766(f)(3)(A)(ii)(IV)) is amended by striking subclause (IV) 
     and inserting the following:

       ``(IV) Adjustments.--On each July 1 and January 1, the 
     Secretary shall--

       ``(aa) increase each reimbursement factor under this 
     subparagraph to reflect the changes in the Consumer Price 
     Index for food at home for the most recent 6-month period for 
     which the data are available;
       ``(bb) base each increase on the unrounded amount 
     previously in effect; and
       ``(cc) round each increase described in item (aa) to the 
     nearest higher cent increment.''.
       (2) Tier ii.--Section 17(f)(3)(A)(iii)(I) of the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 
     1766(f)(3)(A)(iii)(I)) is amended by striking item (bb) and 
     inserting the following:
       ``(bb) Adjustments.--On each July 1 and January 1, the 
     Secretary shall increase the reimbursement factors to reflect 
     the changes in the Consumer Price Index for food at home for 
     the most recent 6-month period for which the data are 
     available, base the increases on the unrounded amount 
     previously in effect, and round the increases to the nearest 
     higher cent increment.''.
       (e) Special Milk Program.--Section 3(a) of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1772(a)) is amended--
       (1) by striking paragraph (7) and inserting the following:
       ``(7) Minimum rate of reimbursement.--For each school year, 
     the minimum rate of reimbursement for a \1/2\ pint of milk 
     served in schools and other eligible institutions shall be 
     not less than minimum rate of reimbursement in effect on 
     September 30, 2008, as increased on a semiannual basis each 
     school year to reflect changes in the Producer Price Index 
     for Fresh Processed Milk published by the Bureau of Labor 
     Statistics of the Department of Labor.''; and
       (2) in paragraph (8), by inserting ``higher'' after 
     ``nearest''.

     SEC. 4. EFFECTIVE DATE.

       The amendments made by this Act take effect on October 1, 
     2008.
                                 ______
                                 
      By Ms. COLLINS (for herself and Mrs. Feinstein):
  S. 3618. A bi11 to establish a research, development, demonstration, 
and commercial application program to promote research of appropriate 
technologies for heavy duty plug-in hybrid vehicles, and for other 
purposes; to the Committee on Energy and Natural Resources.
  Ms. COLLINS. Mr. President, today I am introducing the Heavy Duty 
Hybrid Vehicle Research, Development, and Demonstration Act, along with 
my colleague from California, Senator Feinstein. This bill will 
accelerate research of plug-in hybrid technologies for heavy duty 
trucks.
  The Department of Energy, DOE, administers several grants to speed 
production of hybrid cars, but DOE does not have a single grant 
specifically intended for trucks. Truck operators in Maine and around 
the country are being hit hard by high diesel prices. In 1999, a Maine 
truck driver could purchase $500 of diesel fuel and drive from Augusta, 
ME, all the way to Albuquerque, NM. Today, a driver who purchases $500 
of diesel and leaves Augusta would not even make it to Altoona, PA, and 
because diesel prices may well continue to increase, the problem is 
only getting worse. Plug-in hybrid trucks would make them less 
susceptible to dramatic swings in oil prices.
  Industries turn their trucks over faster than consumers do their cars 
and can therefore adopt new technologies faster. This means reducing 
oil consumption by heavy duty trucks could go a long way toward reduce 
our Nation's oil consumption. DOE's National Renewable Energy 
Laboratory estimates that hybrid trucks could reduce fuel use by as 
much as 60 percent.
  Current hybrid technology works well for cars because they can be 
made with lightweight materials and run shorter distances. Trucks need 
to be able to carry heavy loads and, if they are going to be plug-in 
hybrids, travel long distances in between charges. So, the battery and 
other technologies needed to make plug-in trucks a reality are more 
advanced than for cars.
  The Heavy Duty Hybrid Vehicle Research, Development, and 
Demonstration Act would direct DOE to expand its research in advanced 
energy storage technologies to include heavy hybrid trucks as well as 
passenger vehicles. The focus on plug-ins builds on a proven technology 
for cars that can drastically reduce our use of foreign oil and enhance 
the efficiency of the electric grid.
  Grant recipients will be required to complete two phases. In phase 
one, recipients must build one plug-in hybrid truck, collect data and 
make comparisons to traditional trucks, and report on the fuel savings. 
In phase two, recipients must produce 50 plug-in hybrid trucks and 
report on the technological and market obstacles to widespread 
production. To help with this second phase, grant applicants can 
partner with other manufacturers. The bill authorizes $16 million for 
each of fiscal years 2009-2011 for the grant program.
  We need a comprehensive approach to addressing the energy crisis. The 
Heavy Duty Hybrid Vehicle Research, Development, and Demonstration Act 
is one vital piece of that approach. I urge my colleagues to support 
this important legislation.
                                 ______
                                 
      By Mr. CASEY (for himself and Mr. Specter):
  S. 3619. A bill to establish the Susquehana Gateway National Heritage 
Area in the State of Pennsylvania, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. CASEY. Mr. President, I rise today to introduce legislation that 
would establish the Susquehanna Gateway National Heritage Area in York 
and Lancaster Counties, Pennsylvania. Since 1984, Congressionally-
designated National Heritage Areas have fostered partnerships between 
the public and private sectors for undertaking preservation, 
educational, and recreational initiatives in diverse regions throughout 
the country. Through these efforts, National Heritage Areas have helped 
to protect our Nation's natural and cultural resources while promoting 
local economic development. Today, I am proud to join my colleague from 
Pennsylvania Senator Arlen Specter to propose a bill that would grant 
national recognition to the Susquehanna Gateway region, an area that 
has played a key role in the development of our nation's cultural, 
political, and economic identity.
  While the region boasts an impressive catalogue of historic and 
scenic resources, perhaps two examples in particular best underscore 
how the distinct traditions and natural landscape of the Susquehanna 
Gateway offer an insight into the broader American experience. For 
centuries, the Susquehanna River, which forms a natural border between 
Pennsylvania's York and Lancaster Counties and represents the heart of 
the proposed National Heritage Area, has been at the center of 
agricultural, industrial, and recreational activity in the Mid-Atlantic 
United States. The river provided colonial settlers with a trading 
route to Native American communities. It was an important shipping lane 
for timber, iron, coal, and agricultural products throughout the 
nineteenth century and into the twentieth century. With the decline of 
industry and commercial shipping in the region, the river today has 
assumed a new identity as a center of recreation for millions of 
boaters, fishermen, hunters, birders, and others. In tracing these 
developments, we recognize that the story of the Susquehanna River 
Valley reflects much of the American story. Passing the Susquehanna 
Gateway National Heritage Area Act will allow more Americans to 
discover and better appreciate this narrative.
  No less than in this tremendous natural resource, the Susquehanna 
Gateway region's national significance is rooted in its populace. As 
the Commonwealth of Pennsylvania was founded in the spirit of providing 
refuge to those suffering religious and cultural persecution, so did 
York and Lancaster Counties offer a home to German Baptist immigrants 
who created Amish and Mennonite farming communities. By their example 
of humility, hard work, environmental stewardship, and respect for 
others, these ``Plain'' people continue to inspire millions of 
Americans. Designating the Susquehanna Gateway National Heritage Area 
is the proper way to acknowledge their contributions to the story of 
American agriculture and its transformative influence on the natural 
landscape.

[[Page S9683]]

  Finally, I would like to recognize the leadership of Mark Platts, 
President of the Lancaster-York Heritage Region, and his colleague 
Jonathan Pinkerton, Deputy Director. Through their tireless efforts, 
they have developed a feasibility study for the Susquehanna Gateway 
National Heritage Area that meets the National Parks Service's ten 
interim criteria for designation of a National Heritage Area. I look 
forward to working with my colleagues in the Senate to pass the 
Susquehanna Gateway National Heritage Area Act soon so that the region 
can begin to play a national role in sharing America's story.
  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. 3619

       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 ``Susquehanna Gateway National 
     Heritage Area Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) numerous sites of significance to the heritage of the 
     United States are located within the boundaries of the 
     proposed Susquehanna Gateway National Heritage Area, which 
     includes the Lower Susquehanna River corridor and all of 
     Lancaster and York Counties in the State of Pennsylvania;
       (2) included among the more than 200 historically 
     significant sites, structures, districts, and tours in the 
     area are--
       (A) the home of a former United States President;
       (B) the community where the Continental Congress adopted 
     the Articles of Confederation;
       (C) the homes of many prominent figures in the history of 
     the United States;
       (D) the preserved agricultural landscape of the Plain 
     communities of Lancaster County, Pennsylvania;
       (E) the exceptional beauty and rich cultural resources of 
     the Susquehanna River Gorge;
       (F) numerous National Historic Landmarks, National Historic 
     Districts, and Main Street communities; and
       (G) many thriving examples of the nationally significant 
     industrial and agricultural heritage of the region, which are 
     collectively and individually of significance to the history 
     of the United States;
       (3) in 1999, a regional, collaborative public-private 
     partnership of organizations and agencies began an initiative 
     to assess historic sites in Lancaster and York Counties, 
     Pennsylvania, for consideration as a Pennsylvania Heritage 
     Area;
       (4) the initiative--
       (A) issued a feasibility study of significant stories, 
     sites, and structures associated with Native American, 
     African American, European American, Colonial American, 
     Revolutionary, and Civil War history; and
       (B) concluded that the sites and area--
       (i) possess historical, cultural, and architectural values 
     of significance to the United States; and
       (ii) retain a high degree of historical integrity;
       (5) in 2001, the feasibility study was followed by 
     development of a management action plan and designation of 
     the area by the State of Pennsylvania as an official 
     Pennsylvania Heritage Area;
       (6) in 2008, a feasibility study report for the Heritage 
     Area--
       (A) was prepared and submitted to the National Park 
     Service--
       (i) to document the significance of the area to the United 
     States; and
       (ii) to demonstrate compliance with the interim criteria of 
     the National Park Service for National Heritage Area 
     designation; and
       (B) found that throughout the history of the United States, 
     Lancaster and York Counties and the Susquehanna Gateway 
     region have played a key role in the development of the 
     political, cultural, and economic identity of the United 
     States;
       (7) the people of the region in which the Heritage Area is 
     located have--
       (A) advanced the cause of freedom; and
       (B) shared their agricultural bounty and industrial 
     ingenuity with the world;
       (8) the town and country landscapes and natural wonders of 
     the area are visited and treasured by people from across the 
     globe;
       (9) for centuries, the Susquehanna River has been an 
     important corridor of culture and commerce for the United 
     States, playing key roles as a major fishery, transportation 
     artery, power generator, and place for outdoor recreation;
       (10) the river and the region were a gateway to the early 
     settlement of the ever-moving frontier;
       (11) the area played a critical role as host to the 
     Colonial government during a turning point in the 
     Revolutionary War;
       (12) the rural landscape created by the Amish and other 
     Plain people of the region is of a scale and scope that is 
     rare, if not entirely unknown in any other region, in the 
     United States;
       (13) for many people in the United States, the Plain people 
     of the region personify the virtues of faith, honesty, 
     community, and stewardship at the heart of the identity of 
     the United States;
       (14) the regional stories of people, land, and waterways in 
     the area are essential parts of the story of the United 
     States and exemplify the qualities inherent in a National 
     Heritage Area;
       (15) in 2008, the National Park Service found, based on a 
     comprehensive review of the Susquehanna Gateway National 
     Heritage Area Feasibility Study Report, that the area meets 
     the 10 interim criteria of the National Park Service for 
     designation of a National Heritage Area;
       (16) the preservation and interpretation of the sites 
     within the Heritage Area will make a vital contribution to 
     the understanding of the development and heritage of the 
     United States for the education and benefit of present and 
     future generations;
       (17) the Secretary of the Interior is responsible for 
     protecting the historic and cultural resources of the United 
     States;
       (18) there are significant examples of historic and 
     cultural resources within the Heritage Area that merit the 
     involvement of the Federal Government, in cooperation with 
     the management entity and State and local governmental 
     bodies, to develop programs and projects to adequately 
     conserve, support, protect, and interpret the heritage of the 
     area;
       (19) partnerships between the Federal Government, State and 
     local governments, regional entities, the private sector, and 
     citizens of the area offer the most effective opportunities 
     for the enhancement and management of the historic sites 
     throughout the Heritage Area to promote the cultural and 
     historic attractions of the Heritage Area for visitors and 
     the local economy; and
       (20) the Lancaster-York Heritage Region, a 501(c)(3) 
     nonprofit corporation and State-designated management entity 
     of the Pennsylvania Heritage Area, would be an appropriate 
     management entity for the Heritage Area.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Susquehanna Gateway National Heritage Area established by 
     section 4(a).
       (2) Management entity.--The term ``management entity'' 
     means the management entity for the Heritage Area designated 
     by section 5(a).
       (3) Management plan.--The term ``management plan'' means 
     the plan developed by the management entity under section 
     6(a).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of 
     Pennsylvania.

     SEC. 4. ESTABLISHMENT OF SUSQUEHANNA GATEWAY NATIONAL 
                   HERITAGE AREA.

       (a) In General.--There is established in the State the 
     Susquehanna Gateway National Heritage Area.
       (b) Boundaries.--The Heritage Area shall include a core 
     area located in south-central Pennsylvania consisting of an 
     1869-square-mile region east and west of the Susquehanna 
     River and encompassing Lancaster and York Counties.
       (c) Map.--A map of the Heritage Area shall be--
       (1) included in the management plan; and
       (2) on file in the appropriate offices of the National Park 
     Service.

     SEC. 5. DESIGNATION OF MANAGEMENT ENTITY.

       (a) Management Entity.--The Lancaster-York Heritage Region 
     shall be the management entity for the Heritage Area.
       (b) Authorities of Management Entity.--The management 
     entity may, for purposes of preparing and implementing the 
     management plan, use Federal funds made available under this 
     Act--
       (1) to prepare reports, studies, interpretive exhibits and 
     programs, historic preservation projects, and other 
     activities recommended in the management plan for the 
     Heritage Area;
       (2) to pay for operational expenses of the management 
     entity;
       (3) to make grants to the State, political subdivisions of 
     the State, nonprofit organizations, and other persons;
       (4) to enter into cooperative agreements with the State, 
     political subdivisions of the State, nonprofit organizations, 
     and other organizations;
       (5) to hire and compensate staff;
       (6) to obtain funds or services from any source, including 
     funds and services provided under any other Federal program 
     or law; and
       (7) to contract for goods and services.
       (c) Duties of Management Entity.--To further the purposes 
     of the Heritage Area, the management entity shall--
       (1) prepare a management plan for the Heritage Area in 
     accordance with section 6;
       (2) give priority to the implementation of actions, goals, 
     and strategies set forth in the management plan, including 
     assisting units of government and other persons in--
       (A) carrying out programs and projects that recognize and 
     protect important resource values in the Heritage Area;
       (B) encouraging economic viability in the Heritage Area in 
     accordance with the goals of the management plan;
       (C) establishing and maintaining interpretive exhibits in 
     the Heritage Area;
       (D) developing heritage-based recreational and educational 
     opportunities for residents and visitors in the Heritage 
     Area;

[[Page S9684]]

       (E) increasing public awareness of and appreciation for the 
     natural, historic, and cultural resources of the Heritage 
     Area;
       (F) restoring historic buildings that are--
       (i) located in the Heritage Area; and
       (ii) related to the themes of the Heritage Area; and
       (G) installing throughout the Heritage Area clear, 
     consistent, and appropriate signs identifying public access 
     points and sites of interest;
       (3) consider the interests of diverse units of government, 
     businesses, tourism officials, private property owners, and 
     nonprofit groups within the Heritage Area in developing and 
     implementing the management plan;
       (4) conduct public meetings at least semiannually regarding 
     the development and implementation of the management plan; 
     and
       (5) for any fiscal year for which Federal funds are 
     received under this Act--
       (A) submit to the Secretary an annual report that 
     describes--
       (i) the accomplishments of the management entity;
       (ii) the expenses and income of the management entity; and
       (iii) the entities to which the management entity made any 
     grants;
       (B) make available for audit all records relating to the 
     expenditure of the Federal funds and any matching funds; and
       (C) require, with respect to all agreements authorizing the 
     expenditure of Federal funds by other organizations, that the 
     receiving organizations make available for audit all records 
     relating to the expenditure of the Federal funds.
       (d) Prohibition on Acquisition of Real Property.--
       (1) In general.--The management entity shall not use 
     Federal funds received under this Act to acquire real 
     property or any interest in real property.
       (2) Other sources.--Nothing in this Act precludes the 
     management entity from using Federal funds from other sources 
     for authorized purposes, including the acquisition of real 
     property or any interest in real property.

     SEC. 6. MANAGEMENT PLAN.

       (a) In General.--Not later than 3 years after the date on 
     which funds are first made available to carry out this Act, 
     the management entity shall prepare and submit to the 
     Secretary a management plan for the Heritage Area.
       (b) Contents.--The management plan for the Heritage Area 
     shall--
       (1) include comprehensive policies, strategies, and 
     recommendations for the conservation, funding, management, 
     and development of the Heritage Area;
       (2) take into consideration existing State, county, and 
     local plans;
       (3) specify the existing and potential sources of funding 
     to protect, manage, and develop the Heritage Area;
       (4) include an inventory of the natural, historic, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area relating to the themes of the Heritage Area 
     that should be preserved, restored, managed, developed, or 
     maintained; and
       (5) include an analysis of, and recommendations for, ways 
     in which Federal, State, and local programs, may best be 
     coordinated to further the purposes of this Act, including 
     recommendations for the role of the National Park Service in 
     the Heritage Area.
       (c) Disqualification From Funding.--If a proposed 
     management plan is not submitted to the Secretary by the date 
     that is 3 years after the date on which funds are first made 
     available to carry out this Act, the management entity may 
     not receive additional funding under this Act until the date 
     on which the Secretary receives the proposed management plan.
       (d) Approval and Disapproval of Management Plan.--
       (1) In general.--Not later than 180 days after the date on 
     which the management entity submits the management plan to 
     the Secretary, the Secretary shall approve or disapprove the 
     proposed management plan.
       (2) Considerations.--In determining whether to approve or 
     disapprove the management plan, the Secretary shall consider 
     whether--
       (A) the management entity is representative of the diverse 
     interests of the Heritage Area, including governments, 
     natural and historic resource protection organizations, 
     educational institutions, businesses, and recreational 
     organizations;
       (B) the management entity has provided adequate 
     opportunities (including public meetings) for public and 
     governmental involvement in the preparation of the management 
     plan;
       (C) the resource protection and interpretation strategies 
     contained in the management plan, if implemented, would 
     adequately protect the natural, historic, and cultural 
     resources of the Heritage Area; and
       (D) the management plan is supported by the appropriate 
     State and local officials, the cooperation of which is needed 
     to ensure the effective implementation of the State and local 
     aspects of the management plan.
       (3) Disapproval and revisions.--
       (A) In general.--If the Secretary disapproves a proposed 
     management plan, the Secretary shall--
       (i) advise the management entity, in writing, of the 
     reasons for the disapproval; and
       (ii) make recommendations for revision of the proposed 
     management plan.
       (B) Approval or disapproval.--The Secretary shall approve 
     or disapprove a revised management plan not later than 180 
     days after the date on which the revised management plan is 
     submitted.
       (e) Approval of Amendments.--
       (1) In general.--The Secretary shall review and approve or 
     disapprove substantial amendments to the management plan in 
     accordance with subsection (d).
       (2) Funding.--Funds appropriated under this Act may not be 
     expended to implement any changes made by an amendment to the 
     management plan until the Secretary approves the amendment.

     SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

       (a) In General.--Nothing in this Act affects the authority 
     of a Federal agency to provide technical or financial 
     assistance under any other law.
       (b) Consultation and Coordination.--The head of any Federal 
     agency planning to conduct activities that may have an impact 
     on the Heritage Area is encouraged to consult and coordinate 
     the activities with the Secretary and the management entity 
     to the extent practicable.
       (c) Other Federal Agencies.--Nothing in this Act--
       (1) modifies, alters, or amends any law or regulation 
     authorizing a Federal agency to manage Federal land under the 
     jurisdiction of the Federal agency;
       (2) limits the discretion of a Federal land manager to 
     implement an approved land use plan within the boundaries of 
     the Heritage Area; or
       (3) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.

     SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

       Nothing in this Act--
       (1) abridges the rights of any property owner (whether 
     public or private), including the right to refrain from 
     participating in any plan, project, program, or activity 
     conducted within the Heritage Area;
       (2) requires any property owner to permit public access 
     (including access by Federal, State, or local agencies) to 
     the property of the property owner, or to modify public 
     access or use of property of the property owner under any 
     other Federal, State, or local law;
       (3) alters any duly adopted land use regulation, approved 
     land use plan, or other regulatory authority of any Federal, 
     State, or local agency, or conveys any land use or other 
     regulatory authority to the management entity;
       (4) authorizes or implies the reservation or appropriation 
     of water or water rights;
       (5) diminishes the authority of the State to manage fish 
     and wildlife, including the regulation of fishing and hunting 
     within the Heritage Area; or
       (6) creates any liability, or affects any liability under 
     any other law, of any private property owner with respect to 
     any person injured on the private property.

     SEC. 9. EVALUATION; REPORT.

       (a) In General.--Not later than 3 years before the date on 
     which authority for Federal funding terminates for the 
     Heritage Area, the Secretary shall--
       (1) conduct an evaluation of the accomplishments of the 
     Heritage Area; and
       (2) prepare a report in accordance with subsection (c).
       (b) Evaluation.--An evaluation conducted under subsection 
     (a)(1) shall--
       (1) assess the progress of the management entity with 
     respect to--
       (A) accomplishing the purposes of this Act for the Heritage 
     Area; and
       (B) achieving the goals and objectives of the approved 
     management plan for the Heritage Area;
       (2) analyze the Federal, State, local, and private 
     investments in the Heritage Area to determine the leverage 
     and impact of the investments; and
       (3) review the management structure, partnership 
     relationships, and funding of the Heritage Area for purposes 
     of identifying the critical components for sustainability of 
     the Heritage Area.
       (c) Report.--
       (1) In general.--Based on the evaluation conducted under 
     subsection (a)(1), the Secretary shall prepare a report that 
     includes recommendations for the future role of the National 
     Park Service, if any, with respect to the Heritage Area.
       (2) Required analysis.--If the report prepared under 
     paragraph (1) recommends that Federal funding for the 
     Heritage Area be reauthorized, the report shall include an 
     analysis of--
       (A) ways in which Federal funding for the Heritage Area may 
     be reduced or eliminated; and
       (B) the appropriate time period necessary to achieve the 
     recommended reduction or elimination.
       (3) Submission to congress.--On completion of the report, 
     the Secretary shall submit the report to--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Act $10,000,000, of which not more than 
     $1,000,000 may be authorized to be appropriated for any 
     fiscal year.
       (b) Cost-Sharing Requirement.--The Federal share of the 
     cost of any activity carried

[[Page S9685]]

     out using funds made available under this Act shall be not 
     more than 50 percent.

     SEC. 11. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide financial 
     assistance under this Act terminates on the date that is 15 
     years after the date of enactment of this Act.

  Mr. SPECTER. Mr. President, I have sought recognition to thank my 
colleague and fellow Senator from Pennsylvania, Bob Casey, for 
introducing a bill designating the Susquehanna Gateway National 
Heritage Area. I am pleased to be an original cosponsor of this 
legislation.
  National heritage areas are designated by Congress and recognized by 
the National Park Service for their natural, cultural, and historic 
significance. The proposed National Heritage Area is currently a State 
heritage area known as the Lancaster-York Heritage Region and meets the 
criteria for national designation.
  This region of southern Pennsylvania encompasses Lancaster and York 
counties and the portion of the Susquehanna River that connects the two 
counties. This area is home to numerous nature and wildlife preserves, 
State and local parks, trail systems and conservation areas, which 
celebrate and utilize the natural resources of the Susquehanna River 
and surrounding rural landscape. Both Lancaster and York counties have 
demonstrated a strong commitment to maintaining the open space and 
agricultural heritage for which this area of Pennsylvania is known 
throughout the State and country.
  This region is perhaps most renowned and culturally distinctive for 
the Amish and Mennonite communities that have made Lancaster County 
their home for hundreds of years. Pennsylvania has the largest Amish 
population in the world, and Lancaster County has one of the largest 
Old Order Amish communities. The Old Order Amish have retained a 
traditional way of life and have resisted the incorporation of modern 
technology into their society. Visitors to Amish Country have a unique 
opportunity to observe how the world looked and people behaved hundreds 
of years ago.
  This area is also rich in historical significance. Among the sites 
located in Lancaster and York counties that tell the story of our 
Nation's history is the home of James Buchanan, the only President from 
Pennsylvania, and the location where the Continental Congress adopted 
the Articles of Confederation. Scattered throughout the two counties 
are centuries-old churches, train stations, homes, and other 
structures, many of which played important roles in history including 
stops on the Underground Railroad and sites visited by President 
Lincoln on his way to Gettysburg to deliver the Gettysburg Address.
  This region is defined by the natural, cultural, and historical 
qualities that most certainly qualify it for National Heritage Area 
designation. I have been contacted by all six county commissioners, 
other local public officials, chambers of commerce, large corporations, 
small businesses, historical societies, preservation advocacy groups 
and others, urging congressional designation of the Susquehanna Gateway 
National Heritage Area. Additionally, I am informed that National Park 
Service Northeast Regional Director Dennis Reidenbach has stated that 
this region meets Park Service standards for recognition as a national 
heritage area. Accordingly, I again thank Senator Casey and urge my 
colleagues to support this bill.
                                 ______
                                 
      By Mrs. LINCOLN (for herself, Mr. Smith, and Mr. Pryor):
  S. 3620. A bill to amend the Social Security Act to enable States to 
carry out quality initiatives, and for other purposes; to the Committee 
on Finance.
  Mr. SMITH. Mr. President, I rise today with my colleague, Senator 
Blanche Lincoln to introduce a very important bill for our Nation's 
working families, the Child Care Investment Act of 2008. Throughout our 
Nation, so many families today are struggling to provide for their 
families. One important action we can take to support working parents 
is to help ensure that their children are taken care of in safe and 
affordable childcare, and, most importantly, that this childcare is 
available to them. Unfortunately, we know that so many families are not 
able to access childcare, much less childcare that is high quality. 
This leads some to leave their children with unqualified caregivers, 
and, too often, in a dangerous situation.
  Because families were facing such dire shortages of affordable child 
care, Congress developed the Child Care and Development Block Grant Act 
of 1990 that founded the CCDBG program. Since that time, this program 
has benefited low-income families by providing them with the help they 
need to remain employed, care for their children and have the peace of 
mind that their children are being well cared for. However, much more 
can be done to support and increase the funding for this important 
program. Recently, the National Association of Child Care Resource and 
Referral Agencies, NACCRRA, released a report on the cost of child care 
for parents in our Nation.Their findings were startling and further 
underline the call to action that Senator Lincoln and I feel is 
necessary for working parents. The NACCRRA report says that the cost of 
child care is rising at nearly twice the rate of inflation in most 
states. In fact, my home state of Oregon is the ninth least affordable 
state for infant care in a child care center. They found that in 
Oregon, on average, nearly 46 percent of a single parent's salary goes 
towards child care for an infant. This study also found that in every 
region of our Nation, child care costs more than food.
  During difficult economic times, the resources of families in our 
Nation become even more stretched. Decisions are often made within 
family budgets and sacrifices are made during times of lean. However, 
we owe it to our Nation's children to ensure that they are safe and 
cared for by responsible care providers while their parents work. Low-
income parents should not be placed in a situation when they have to 
choose between their job and the safety of their children.
  The bill that Senator Lincoln and I are introducing today will work 
to ensure more quality children care is available as the cost of this 
care increase and family budgets are squeezed. This bill will increase 
funding for the CCDBG program from $2.9 billion to $4 billion. It will 
also incorporate new quality goals for States to ensure quality care is 
given to our Nation's children.
  I thank Senator Lincoln for her continuing commitment to this issue 
and to children in our Nation and ask my colleagues for their support 
of this legislation and quick passage.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Levin, and Mr. Brown):
  S. 3622. A bill to establish a grant program to promote the 
conservation of the Great Lakes and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Mr. DURBIN. Mr. President, today I am introducing the Great Lakes 
Conservation Education Act.
  From orbit in space, the Great Lakes are the most recognizable 
feature of the North American landscape. And no wonder. The Great Lakes 
are the largest single source of fresh surface water in the world. They 
hold 90 percent of America's fresh surface water. They hold 20 percent 
of the world's fresh surface water.
  Forty-two million people call the Great Lakes basin home and rely on 
it for clean, safe water.
  What is not evident from space, though, is the trash and other debris 
that litter the shorelines of the Great Lakes. Debris, in fact, is one 
of the most pervasive pollution problems affecting America's waterways. 
Debris detracts from the beauty of our Nation's coasts, threatens 
freshwater life, poses public health and safety concerns, and 
interferes with commercial and recreational boats and ships.
  Over the weekend, I participated in the Adopt-a-Beach clean-up on 
Lake Michigan. We started at Montrose Beach, stopped at both North Ave. 
and the 12th Street Beaches, and worked our way down to the 57th Street 
Beach. It was heartening to meet so many people who are committed to 
cleaning up the lake.
  The Adopt-a-Beach program is one volunteer effort to clean up the 
beaches of the Great Lakes and increase public awareness of the 
seriousness of the litter problem. The program is run by the Alliance 
for the Great Lakes, a group dedicated to the conservation and 
restoration of this national treasure.

[[Page S9686]]

  Adopt-a-Beach began in Illinois in 2002 and has quickly spread to 
neighboring states. It is a year-round program, but its chief event is 
a beach clean-up day each September, coordinated with the Ocean 
Conservancy's annual International Coastal Clean-up.
  Citizens, organizations, and businesses are working together on 
efforts to restore the Great Lakes shorelines clean. We need to expand 
on these efforts and educate people throughout the Great Lakes about 
how they can help to cleanup and restore the lakes.
  That is why I am introducing the Great Lakes Conservation Education 
Act. This bill would authorize a new program within the Department of 
Commerce to provide funding for non-governmental organizations, 
museums, school, consortiums, and others to support conservation 
education and outreach programs to restore the Great Lakes.
  I am looking forward to working with my colleagues to make this 
program a reality. We have a long way to go to restore the lakes and 
this legislation will make it possible for organizations through out 
the Great Lakes to educate students, teachers, and the general public 
about the steps they can take to improve the lakes.
  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. 3622

       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 ``Great Lakes Conservation 
     Education Act''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to establish a competitive grant 
     program to increase knowledge about, raise awareness of, and 
     educate the public on the importance of conservation of the 
     Great Lakes in order to improve the overall health of the 
     Great Lakes.

     SEC. 3. GREAT LAKES EDUCATION GRANTS.

       (a) Authority to Award.--The Secretary of Commerce is 
     authorized to award grants to eligible entities to carry out 
     eligible activities.
       (b) Eligible Entity Defined.--In this Act, the term 
     ``eligible entity'' means an educational entity or a 
     nonprofit nongovernmental organization, consortium, or other 
     entity that the Secretary of Commerce finds has a 
     demonstrated record of success in carrying out conservation 
     education or outreach programs.
       (c) Eligible Activity Defined.--In this Act, the term 
     ``eligible activity'' means an activity carried out in a 
     State, or across multiple States, that is adjacent to one of 
     the Great Lakes that provides hands-on or real world 
     experiences to increase knowledge about, raise awareness of, 
     or provide education regarding the importance of conservation 
     of the Great Lakes and on actions individuals can take to 
     promote such conservation, including--
       (1) educational activities for students that are consistent 
     with elementary and secondary learning standards established 
     by a State;
       (2) professional development activities for educators;
       (3) Great Lakes conservation activities that have been 
     identified by a State and adjacent States as a regional 
     priority; or
       (4) Great Lakes stewardship and place-based education 
     activities.
       (d) Use of Subcontractors.--An eligible entity awarded a 
     grant under subsection (a) to carry out an eligible activity 
     may utilize subcontractors to carry out such activity.

     SEC. 4. REPORTS.

       (a) Reports From Grantees.--The Secretary of Commerce may 
     require an eligible entity awarded a grant under section 3(a) 
     to submit to the Secretary a report describing each activity 
     that was carried out with the grant funds. The Secretary may 
     require such report to include information on any 
     subcontractor utilized by the eligible entity to carry out an 
     activity.
       (b) Reports From the Secretary.--Not later than December 
     31, 2010, and once every 3 years thereafter, the Secretary of 
     Commerce shall submit to Congress a report on the grant 
     program authorized by section 3(a). Each such report shall 
     include a description--
       (1) of the eligible activities carried out with grants 
     awarded under section 3(a) during the previous fiscal year 
     and an assessment of the success of such activities;
       (2) of the type of education and outreach programs carried 
     out with such grants, disaggregated by State; and
       (3) of the number of schools, and schools reached through a 
     formal partnership with an eligible entity awarded such a 
     grant, involved in carrying out such programs.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated $15,000,000 for each 
     fiscal year to carry out this Act.
                                 F_____
                                 
  By Mr. LIEBERMAN (for himself and Ms. Collins): . 3623. A bill to 
authorize appropriations for the Department of Homeland Security for 
fiscal years 2008 and 2009, and for other purposes; to the Committee on 
Homeland Security and Governmental Affairs.
  Mr. LIEBERMAN. Mr. President, I rise today to introduce a bill to 
authorize appropriations for the Department of Homeland Security--the 
first comprehensive DHS authorization bill introduced in the Senate in 
the 5-year history of this agency created in response to the attacks of 
9/11.
  This bipartisan bill is cosponsored by my friend and colleague, 
ranking member Senator Susan Collins, who has long been one of the 
Senate's great leaders in our efforts to make our nation more secure.
  I understand there is not time in this session for full consideration 
and passage of this legislation but we offer it as a blueprint for the 
next administration and the 111th Congress outlining key areas of 
improvement we think can make DHS more efficient and effective in its 
mission to safeguard our homeland.
  Before I offer more detail on this bill, I would like to briefly 
review the history of the Department that has brought us to where we 
are today.
  The attacks of 9/11 made it clear that oceans are no longer a defense 
against those who mean to harm our Nation. After a series of hearings, 
the Homeland Security and Governmental Affairs Committee proposed 
legislation pulling more than 22 different agencies responsible for 
different areas of homeland defense into one Department whose 
overarching mission was the protection of the American people.
  Success was not guaranteed. The administration and many in Congress 
at first opposed the creation of a Department of Homeland Security. But 
we persevered in our mission and President Bush signed legislation 
creating the Department in January 2003.
  We all knew at the time that creating a new Department with a single 
identity out of 22 different agencies would be difficult. Each agency 
came into the Department with its own culture--not to mention its own 
procurement, personnel and computer systems. In some cases, they came 
after having been neglected in other Departments where homeland 
security had been an afterthought. There was, and remains, much work to 
be done.
  But over the past 5 years, the men and women who work at the 
Department, under the leadership first of Secretary Tom Ridge and now 
of Michael Chertoff, have worked hard, often under difficult 
circumstances, to systematically improve the Nation's security.
  Our committee has also written and helped pass several pieces of 
important legislation to strengthen and guide DHS as it evolved into a 
more mature agency. I would like to briefly mention some of them 
because I am proud of the Homeland Security and Governmental Affairs 
Committee's work under former Chairman Susan Collins and during my own 
tenure as chairman, because we truly worked as partners across party 
lines.
  In the 108th Congress, our committee led the effort to enact the 
recommendations of the National Commission on Terrorist Attacks upon 
the United States--otherwise known as the 9/11 Commission--a Commission 
which, had been created through the Committee's work in the previous 
Congress. The resulting Intelligence Reform and Terrorism Prevention 
Act of 2004 implemented most of the 41 recommendations of the 9/11 
Commission, including a number directed at the work of the new 
Department.
  In the 109th Congress, in the wake of the catastrophe of Hurricane 
Katrina, our committee conducted a far-reaching investigation into the 
actions at all levels of government that contributed to the disastrous 
response to the hurricane.
  The Homeland Security and Governmental Affairs Committee held 22 
hearings, interviewed hundreds of witnesses, reviewed hundreds of 
thousands of pages of documents, and issued a comprehensive, 700-page 
report on what went wrong.
  The committee's findings on shortcomings at FEMA and DHS led us to 
draft the Post-Katrina Emergency Management Reform Act, which 
strengthened and elevated FEMA within the Department, brought together

[[Page S9687]]

into a single agency those charged with preparing for disasters with 
those responsible for responding to them; required planning for 
catastrophic events; and helped ensure that the resources of the whole 
Department would be available in a catastrophe.
  The Post-Katrina Emergency Management Reform Act was signed into law 
in October 2006, and the results of that Act can be seen in the much 
improved--though admittedly still imperfect--Federal response to the 
series of recent tornadoes in the Midwest and devastating hurricanes 
that have hit the Gulf Coast.
  In the 109th Congress, our Committee helped draft and pass the SAFE 
Ports Act, to strengthen the Department's port security efforts, and we 
passed legislation to provide DHS authority to better secure dangerous 
chemical facilities.
  In this Congress, after many hearings and much hard work, legislation 
implementing the final recommendations of the 9/11 Commission was 
signed into law. This legislation addressed a diverse array of issues 
at DHS, from homeland security grants to information sharing to 
interoperable communications to transportation security.
  So while we offer this authorization bill as DHS readies for its 
sixth year as a department--and its first Presidential transition--this 
committee has been working hard all along to give DHS both the support 
it needed and the oversight--sometimes harsh--to steadily improve its 
capacity to carry out its critical mission.
  With this authorization act we continue that important work and I 
would like to touch on key portions of the bill.
  This bill can be summarized under three major themes: integration, 
accountability, and effectiveness.
  As I have already noted, we knew when we passed the Homeland Security 
Act that the process of creating a new, unified Department out of many 
diverse component agencies would be both challenging and time 
consuming--and the process is not yet complete. Therefore, a number of 
provisions of this bill would improve the integration of the 
Department. These provisions are collectively intended to help the 
Department to perform its missions at a level that is greater than the 
sum of its parts.
  First, the bill would create an Under Secretary for Policy, to ensure 
that there is policy coordination across the Department.
  The bill would also require the Secretary to develop and maintain the 
capability to coordinate operations and strategically plan across all 
of the component organizations of the Department. To this end, it 
permits the establishment of an Office of Operations Coordination and 
Planning within the Department, making it easier for the staffs of 
agencies such as the Coast Guard, Customs and Border Protection, CBP, 
Immigration and Customs Enforcement, ICE, and FEMA to work together on 
key operational activities, such as planning for the upcoming DHS 
transition.
  The bill would enhance the statutory authorities of the Chief 
Information Officer, allowing for greater control over IT investments 
in the Department. It also gives the Assistant Secretary for 
International Affairs of DHS new authority to coordinate the 
international activities of the Department. The bill would establish 
the Office of the Chief Learning Officer, who would coordinate training 
and workforce development activities on a Department-wide basis.
  Finally, the bill would require the establishment of a consolidated 
headquarters for the Department of Homeland Security, which is long 
overdue. Currently, the Department is spread throughout 70 buildings 
and 40 sites across the National Capital Region making communication, 
coordination, and cooperation among DHS components a significant 
challenge. The deplorable condition of the present headquarters complex 
also makes it harder for DHS to recruit and retain talented 
professionals--directly affecting homeland security--and I will 
continue to push Congress and the administration to get the funding 
necessary for the headquarters consolidation to proceed.
  The second major theme of the bill is accountability. The bill 
contains a number of provisions intended to enhance oversight and 
ensure that the Department is held accountable for the decisions that 
it makes.
  The bill requires that DHS have certified program managers for all 
major acquisition programs, and directs the Department to report to 
Congress on its use of various contracting authorities and on task 
orders within two of its major acquisition vehicles.
  The bill creates a statutory requirement for a formal investment 
review process within the Department, and for investments where there 
are significant technological challenges, requires a formal testing and 
evaluation process prior to investment. These provisions will help to 
ensure that the Department does not again move forward with costly 
acquisitions without first proving that the underlying technology will 
work.
  The bill also requires reports to Congress on a number of other 
activities, including the Comprehensive National Cybersecurity 
Initiative and the Department's efforts to improve minority 
representation among its employees.
  The third major theme of the bill is effectiveness. There are a 
number of homeland security mission areas where the Federal government 
needs new or expanded authorities to effectively address threats that 
face us.
  For example, the bill addresses growing concerns about the 
cybersecurity threat by establishing a robust National Cyber Security 
Center with the mission of coordinating and enhancing Federal efforts 
to protect government networks, and by enhancing the statutory 
authorities of the National Cyber Security Division.
  The bill would enhance our nation's border security by authorizing an 
increase in the number of CBP officers and ensuring that they receive 
sufficient and appropriate training. It also recognizes the essential 
work of the agriculture specialists at the border, who perform plant 
inspections and help protect against both devastating pests and 
potential bioterrorism events, authorizes an increase in the number of 
agriculture specialists and requires measures to improve their 
recruitment and retention.
  The bill addresses the threat of improvised explosive devices, IEDs, 
by including provisions that would authorize the DHS Office of Bombing 
Prevention, OBP, as well as authorize an increase in its budget to $25 
million. OBP would lead bombing prevention activities within DHS, and 
would coordinate with other Federal, State, and local agencies to 
ensure that existing gaps in Federal bombing prevention efforts are 
filled.
  Building upon changes already being implemented in the Post Katrina 
Act, the bill also seeks to continue improvement in the Nation's 
preparedness. It would require that DHS work with other Federal 
agencies to develop plans for responding to potential catastrophic 
scenarios, and would authorize a pilot program to assign National Guard 
planners to State emergency planning offices, to foster better State-
Federal planning coordination. In addition, it would authorize the 
Metropolitan Medical Rescue System to assist States and localities 
prepare for mass casualty events. It would reauthorize the Pre-Disaster 
Hazard Mitigation Program, which provides grants to States for 
mitigation measures designed to reduce losses in disasters.
  Collectively the measures in this bill will improve the ability of 
the Department to carry out its missions and become a more mature and 
effective entity.
  I believe that the reforms and enhancements contained in this 
legislation, along with continued, vigorous oversight, will make DHS a 
stronger agency in the years to come. And reform, not thoughtless 
reorganization, is the course future Ccngresses should follow when it 
comes to DHS. Five years into its mission, and ignoring some noticeable 
improvements in its performance, there are still those who believe DHS 
should be chopped up and its parts shipped off to other agencies.
  I believe that is exactly the wrong course to take. It makes no sense 
to disrupt the development of the Department, and weaken the hand of 
the next Secretary, at a time when the challenges she or he must face, 
from preventing nuclear terrorism, to securing our borders, to ensuring 
more effective responses to catastropies of all kinds remain daunting. 
It took decades for the Department of Defense to become a

[[Page S9688]]

coherent whole, and its work is still not complete. Just as DHS and its 
component arts are beginning to gel into an effective organization 
ready to deal with disasters visited upon our nation by nature or 
terrorists, it makes no sense to plunge responsibility for our homeland 
back into the chaos that existed before 9/11.
  This is a course I have fought and will fight in the years to come.
  In their report to the nation, the 9/11 Commissioners wrote: ``The 
men and women of the World War II generation rose to the challenges of 
the 1940s and the 1950s. They restructured the government so it could 
protect the country. That is now the job of the generation that 
experienced 9/11.''
  The Department of Homeland Security was part of that response to the 
new dangers we face and must remain so.
  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. 3623

       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 ``Department of Homeland 
     Security Authorization Act of 2008 and 2009''.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the term ``Department'' means the Department of 
     Homeland Security; and
       (2) the term ``Secretary'' means the Secretary of Homeland 
     Security.

     SEC. 3. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Definitions.
Sec. 3. Table of contents.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Department of Homeland Security.

       TITLE II--POLICY, MANAGEMENT, AND INTEGRATION IMPROVEMENTS

Sec. 201. Under Secretary for Policy.
Sec. 202. Operations Coordination and Planning.
Sec. 203. Department of Homeland Security headquarters.
Sec. 204. Chief Information Officer.
Sec. 205. Department of Homeland Security International Affairs Office.
Sec. 206. Department of Homeland Security reorganization authority.
Sec. 207. Homeland Security Institute.
Sec. 208. Office of the Inspector General.
Sec. 209. Department Management Directive System.

        TITLE III--PROCUREMENT POLICY AND RESOURCES IMPROVEMENTS

Sec. 301. Department of Homeland Security investment review.
Sec. 302. Required certification of project managers for level one 
              projects.
Sec. 303. Review and report on EAGLE and First Source contracts.
Sec. 304. Report on use of personal services contracts.
Sec. 305. Prohibition on use of contracts for congressional affairs 
              activities.
Sec. 306. Small business utilization report.
Sec. 307. Department of Homeland Security mentor-protege program.
Sec. 308. Other transaction authority.
Sec. 309. Independent verification and validation.
Sec. 310. Strategic plan for acquisition workforce.
Sec. 311. Buy American requirement; exceptions.

                     TITLE IV--WORKFORCE PROVISIONS

Sec. 401. Authority for flexible personnel management at the Office of 
              Intelligence and Analysis.
Sec. 402. Direct hire authority for certain positions at the Science 
              and Technology Directorate.
Sec. 403. Appointment of the Chief Human Capital Officer by the 
              Secretary of Homeland Security.
Sec. 404. Plan to improve representation of minorities in various 
              categories of employment.
Sec. 405. Office of the Chief Learning Officer.
Sec. 406. Extension of relocation expenses test programs.

        TITLE V--INTELLIGENCE AND INFORMATION-SHARING PROVISIONS

Sec. 501. Full and efficient use of open source information.
Sec. 502. Authorization of intelligence activities.
Sec. 503. Under Secretary for Intelligence and Analysis technical 
              correction.

    TITLE VI--CYBER SECURITY INFRASTRUCTURE PROTECTION IMPROVEMENTS

Sec. 601. National Cyber Security Division.
Sec. 602. National Cyber Security Center.
Sec. 603. Authority for flexible personnel management for cyber 
              security positions in the Department.
Sec. 604. Cyber threat.
Sec. 605. Cyber security research and development.
Sec. 606. Comprehensive national cyber security initiative.
Sec. 607. National Cyber Security Private Sector Advisory Board.
Sec. 608. Infrastructure protection.

 TITLE VII--BIOLOGICAL, MEDICAL, AND SCIENCE AND TECHNOLOGY PROVISIONS

Sec. 701. Chief Medical Officer and Office of Health Affairs.
Sec. 702. Test, Evaluation, and Standards Division.
Sec. 703. Director of Operational Testing.
Sec. 704. Availability of testing facilities and equipment.
Sec. 705. Homeland Security Science and Technology Advisory Committee.
Sec. 706. National Academy of Sciences report.
Sec. 707. Material threats.

                 TITLE VIII--BORDER SECURITY PROVISIONS

                 Subtitle A--Border Security Generally

Sec. 801. Increase of Customs and Border Protection Officers and 
              support staff at ports of entry.
Sec. 802. Customs and Border Protection officer training.
Sec. 803. Mobile Enrollment Teams Pilot Project.
Sec. 804. Federal-State border security cooperation.

   Subtitle B--Customs and Border Protection Agriculture Specialists

Sec. 811. Sense of the Senate.
Sec. 812. Increase in number of U.S. Customs and Border Protection 
              agriculture specialists.
Sec. 813. Agriculture Specialist Career Track.
Sec. 814. Agriculture Specialist recruitment and retention.
Sec. 815. Retirement Provisions for Agriculture Specialists and Seized 
              Property Specialists.
Sec. 816. Equipment support.
Sec. 817. Reports.

             TITLE IX--PREPAREDNESS AND RESPONSE PROVISIONS

Sec. 901. National planning.
Sec. 902. Predisaster hazard mitigation.
Sec. 903. Community preparedness.
Sec. 904. Metropolitan Medical Response System.
Sec. 905. Emergency management assistance compact.
Sec. 906. Clarification on use of funds.
Sec. 907. Commercial Equipment Direct Assistance Program.
Sec. 908. Task force for emergency readiness.
Sec. 909. Technical and conforming amendments.

                TITLE X--NATIONAL BOMBING PREVENTION ACT

Sec. 1001. Bombing prevention.
Sec. 1002. Explosives technology development and transfer.
Sec. 1003. Savings clause.

           TITLE XI--FEDERAL PROTECTIVE SERVICE AUTHORIZATION

Sec. 1101. Authorization of Federal protective service personnel.
Sec. 1102. Report on personnel needs of the Federal protective service.
Sec. 1103. Authority for Federal protective service officers and 
              investigators to carry weapons during off-duty times.
Sec. 1104. Amendments relating to the civil service retirement system.
Sec. 1105. Federal protective service contracts.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

     SEC. 101. DEPARTMENT OF HOMELAND SECURITY.

       (a) Fiscal Year 2008.--There is authorized to be 
     appropriated to the Secretary such sums as may be necessary 
     for the necessary expenses of the Department for fiscal year 
     2008.
       (b) Fiscal Year 2009.--There is authorized to be 
     appropriated to the Secretary $42,186,000,000 for the 
     necessary expenses of the Department for fiscal year 2009.

       TITLE II--POLICY, MANAGEMENT, AND INTEGRATION IMPROVEMENTS

     SEC. 201. UNDER SECRETARY FOR POLICY.

       (a) In General.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended by--
       (1) redesignating section 601 as section 890A and 
     transferring that section to after section 890; and
       (2) striking the heading for title VI and inserting the 
     following:

       ``TITLE VI--POLICY, PLANNING, AND OPERATIONS COORDINATION

     ``SEC. 601. UNDER SECRETARY FOR POLICY.

       ``(a) In General.--There shall be in the Department an 
     Under Secretary for Policy, who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       ``(b) Responsibilities.--Subject to the direction and 
     control of the Secretary, the Under Secretary for Policy 
     shall--
       ``(1) serve as the principal policy advisor to the 
     Secretary;
       ``(2) provide overall direction and supervision of policy 
     development for the programs, offices, and activities of the 
     Department;
       ``(3) establish and direct a formal policymaking process 
     for the Department;

[[Page S9689]]

       ``(4) ensure that the budget of the Department (including 
     the development of future year budgets) is compatible with 
     the statutory and regulatory responsibilities of the 
     Department and with the priorities, strategic plans, and 
     policies established by the Secretary;
       ``(5) conduct long-range, strategic planning for the 
     Department, including overseeing each quadrennial homeland 
     security review under section 621;
       ``(6) coordinate policy development undertaken by the 
     component agencies and offices of the Department; and
       ``(7) carry out such other responsibilities as the 
     Secretary determines are appropriate, consistent with this 
     section.''.
       (b) Technical and Conforming Amendments.--
       (1) In general.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended--
       (A) in the table of contents in section 1(b)--
       (i) by striking the item relating to title IV and inserting 
     the following:

           ``TITLE IV--BORDER AND TRANSPORTATION SECURITY''.

       (ii) by striking the item relating to subtitle A of title 
     IV and inserting the following:

          ``Subtitle A--Border and Transportation Security''.

       (iii) by striking the item relating to section 441 and 
     inserting the following:

``Sec. 441. Transfer of functions.'';
       (iv) by striking the items relating to title VI and section 
     601 and inserting the following:

       ``TITLE VI--POLICY, PLANNING, AND OPERATIONS COORDINATION

``Sec. 601. Under Secretary for Policy.''; and
       (v) by inserting after the item relating to section 890 the 
     following:

``Sec. 890A. Treatment of charitable trusts for members of the Armed 
              Forces of the United States and other governmental 
              organizations.'';
       (B) in section 102(f)(10), by striking ``the Directorate of 
     Border and Transportation Security'' and inserting ``U.S. 
     Customs and Border Protection'';
       (C) in section 103(a)(3), by striking ``for Border and 
     Transportation Security'' and inserting ``for Policy'';
       (D) by striking the heading for title IV and inserting the 
     following:

           ``TITLE IV--BORDER AND TRANSPORTATION SECURITY'';

       (E) by striking the heading for subtitle A of title IV and 
     inserting the following:

          ``Subtitle A--Border and Transportation Security'';

       (F) in section 402, by striking ``, acting through the 
     Under Secretary for Border and Transportation Security,'';
       (G) in section 411(a), by striking ``under the authority of 
     the Under Secretary for Border and Transportation 
     Security,'';
       (H) in section 441--
       (i) in the section heading, by striking ``TO UNDER 
     SECRETARY FOR BORDER AND TRANSPORTATION SECURITY''; and
       (ii) by striking ``Under Secretary for Border and 
     Transportation Security'' and inserting ``Secretary'';
       (I) in section 442(a)--
       (i) in paragraph (2), by striking ``who--'' and all that 
     follows through ``(B) shall'' and inserting ``who shall''; 
     and
       (ii) in paragraph (3)--

       (I) in subparagraph (A), by striking ``Under Secretary for 
     Border and Transportation Security'' each place it appears 
     and inserting ``Secretary''; and
       (II) in subparagraph (C), by striking ``Border and 
     Transportation Security'' and inserting ``Policy'';

       (J) in section 443, by striking ``The Under Secretary for 
     Border and Transportation Security'' and inserting ``The 
     Secretary'';
       (K) in section 444, by striking ``The Under Secretary for 
     Border and Transportation Security'' and inserting ``The 
     Secretary'';
       (L) in section 472(e), by striking ``or the Under Secretary 
     for Border and Transportation Security''; and
       (M) in section 878(e), by striking ``the Directorate of 
     Border and Transportation Security'' and inserting ``U.S. 
     Customs and Border Protection, Immigration and Customs 
     Enforcement''.
       (2) Other laws.--
       (A) Vulnerability and threat assessment.--Section 301 of 
     the REAL ID Act of 2005 (8 U.S.C. 1778) is amended--
       (i) in subsection (a)--

       (I) in the first sentence, by striking ``Under Secretary of 
     Homeland Security for Border and Transportation Security'' 
     and inserting ``Secretary of Homeland Security''; and
       (II) in the second sentence, by striking ``Under'';

       (ii) in subsection (b)--

       (I) by striking ``Under''; and
       (II) by striking ``Under Secretary's findings and 
     conclusions'' and inserting ``Secretary's findings and 
     conclusions''; and

       (iii) in subsection (c), by striking ``Directorate of 
     Border and Transportation Security''.
       (B) Air charter program.--Section 44903(l)(1) of title 49, 
     United States Code, is amended by striking ``Under Secretary 
     for Border and Transportation Security of the Department of'' 
     and inserting ``Secretary of''.
       (C) Basic security training.--Section 44918(a)(2)(E) of 
     title 49, United States Code, is amended by striking ``Under 
     Secretary for Border and Transportation Security of the 
     Department of'' and inserting ``Secretary of''.
       (D) Airport security improvement projects.--Section 44923 
     of title 49, United States Code, is amended--
       (i) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``Under Secretary for Border and 
     Transportation Security of the Department of'' and inserting 
     ``Secretary of'';
       (ii) by striking ``Under Secretary'' each place it appears 
     and inserting ``Secretary of Homeland Security''; and
       (iii) in subsection (d)(3), in the paragraph heading, by 
     striking ``Under''.
       (E) Repair station security.--Section 44924 of title 49, 
     United States Code, is amended--
       (i) in subsection (a), by striking ``Under Secretary for 
     Border and Transportation Security of the Department of'' and 
     inserting ``Secretary of''; and
       (ii) by striking ``Under Secretary'' each place it appears 
     and inserting ``Secretary of Homeland Security''.
       (F) Certificate actions in response to a security threat.--
     Section 46111 of title 49, United States Code, is amended--
       (i) in subsection (a), by striking ``Under Secretary for 
     Border and Transportation Security of the Department of'' and 
     inserting ``Secretary of''; and
       (ii) by striking ``Under Secretary'' each place it appears 
     and inserting ``Secretary of Homeland Security''.

     SEC. 202. OPERATIONS COORDINATION AND PLANNING.

       (a) In General.--Title VI of the Homeland Security Act of 
     2002 (6 U.S.C. 201 et seq.), as amended by section 201 of 
     this Act, is amended by adding at the end the following:

           ``Subtitle B--Operations Coordination and Planning

     ``SEC. 611. OPERATIONS COORDINATION AND PLANNING.

       ``(a) In General.--The Secretary shall ensure that the 
     Department develops and maintains the capability to 
     coordinate operations and strategically plan across all of 
     the component organizations of the Department, including, 
     where appropriate, through the use of a joint staff 
     comprising personnel from those component organizations.
       ``(b) Office.--In order to carry out the responsibilities 
     described in subsection (a), the Secretary may establish in 
     the Department an Office of Operations Coordination and 
     Planning, which may be headed by a Director for Operations 
     Coordination and Planning.
       ``(c) Responsibilities.--The responsibilities of a Director 
     for Operations Coordination and Planning, subject to the 
     direction and control of the Secretary, may include--
       ``(1) operations coordination and strategic planning, 
     consistent with the responsibilities described in subsection 
     (a);
       ``(2) supervision of a joint staff comprised of personnel 
     detailed from the component organizations of the Department 
     in order to carry out the responsibilities under paragraph 
     (1);
       ``(3) overseeing the National Operations Center described 
     in section 515; and
       ``(4) any other responsibilities, as determined by the 
     Secretary.
       ``(d) Limitation.--Nothing in this section may be construed 
     to modify or impair the authorities of the Secretary or the 
     Administrator of the Federal Emergency Management Agency 
     under title V of this Act.

         ``Subtitle C--Quadrennial Homeland Security Review''.

       (b) Transfer.--The Homeland Security Act of 2002 (6 U.S.C. 
     101 et seq.) is amended by redesignating section 707 as 
     section 621 and transferring that section to after the 
     heading for subtitle C of title VI, as added by subsection 
     (a) of this section.
       (c) Technical and Conforming Amendments.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is amended--
       (1) by inserting after the item relating to section 601, as 
     added by section 201 of this Act, the following:

           ``Subtitle B--Operations Coordination and Planning

``Sec. 611.Operations Coordination and Planning.

           ``Subtitle C--Quadrennial Homeland Security Review

``Sec. 621. Quadrennial Homeland Security Review.''; and
       (2) by striking the item relating to section 707.

     SEC. 203. DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS.

       (a) Findings.--Relating to the consolidation of the 
     operations of the Department in a secure location, Congress 
     finds the following:
       (1) The headquarters facilities of the Department are 
     currently spread throughout 40 sites across the National 
     Capital Region, making communication, coordination, and 
     cooperation among the components of the Department a 
     significant challenge and disrupting the ability of the 
     Department to effectively fulfill the homeland security 
     mission.
       (2) The General Services Administration has determined that 
     the only site under the control of the Federal Government 
     within the National Capital Region with the size, capacity, 
     and security features to meet the minimum consolidation needs 
     of the Department as identified in the National Capital

[[Page S9690]]

     Region Housing Master Plan of the Department submitted to the 
     Congress on October 24, 2006, is the West Campus of Saint 
     Elizabeth's Hospital in the District of Columbia.
       (b) Consolidation.--
       (1) In general.--Notwithstanding any other provision of law 
     and not later than the end of fiscal year 2016, the Secretary 
     shall consolidate key headquarters and components of the 
     Department, as determined by the Secretary, in accordance 
     with this subsection.
       (2) St. elizabeth's hospital.--The Secretary shall ensure 
     that at the West Campus of Saint Elizabeth's Hospital in the 
     District of Columbia, in a secure setting, there are--
       (A) not less than 4,500,000 gross square feet of office 
     space for use by the Department; and
       (B) all necessary parking and infrastructure to support 
     approximately 14,000 employees.
       (3) Other mission support activities.--
       (A) In general.--The Secretary shall consolidate the 
     physical location of all components and activities of the 
     Department in the National Capitol Region that do not 
     relocate to the West Campus of St. Elizabeth's Hospital to as 
     few locations within the National Capitol Region as possible.
       (B) Limitation.--The Secretary may only consolidate 
     components and activities described in subparagraph (A) if 
     the consolidation can be accomplished without negatively 
     affecting the specific mission of the components or 
     activities being consolidated.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section for each of fiscal years 2008 through 2016.

     SEC. 204. CHIEF INFORMATION OFFICER.

       Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 
     343) is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following:
       ``(b) Responsibilities.--The Chief Information Officer 
     shall--
       ``(1) advise and assist the Secretary, heads of the 
     components of the Department, and other senior officers in 
     carrying out the responsibilities of the Department for all 
     activities relating to the programs and operations of the 
     information technology functions of the Department;
       ``(2) establish the information technology priorities, 
     policies, processes, standards, guidelines, and procedures of 
     the Department;
       ``(3) in accordance with guidance from the Director of the 
     Office of Management and Budget, develop and maintain a 
     strategic information resources management plan that shall 
     describe how information resources management activities help 
     accomplish agency missions as required by section 3506(b)(2) 
     of title 44, United States Code;
       ``(4) be responsible for information technology capital 
     planning and investment management in accordance with section 
     3506(h) of title 44, United States Code and sections 11312 
     and 11313 of title 40, United States Code;
       ``(5) develop, maintain, and facilitate the implementation 
     of a sound, secure, and integrated information technology 
     architecture for the Department, as required by section 11315 
     of title 40, United States Code;
       ``(6) in coordination with the Chief Procurement Officer of 
     the Department, assume responsibility for information systems 
     acquisition, development and integration as required by 
     section 3506(h)(2) of title 44, United States Code, and 
     section 11312 of title 40, United States Code;
       ``(7) in coordination with the Chief Procurement Officer of 
     the Department, review and approve any information technology 
     acquisition with a total value greater than a threshold level 
     to be determined by the Secretary;
       ``(8) implement initiatives to use information technology 
     to improve government services to the public under section 
     101 of title 44, United States Code, (commonly known as the 
     E-Government Act) and as required by section 3506(h)(3) of 
     title 44, United States Code;
       ``(9) in coordination with the Executive Agent for 
     Information Sharing of the Department, as designated by the 
     Secretary, ensure that information technology systems meet 
     the standards established under the information sharing 
     environment, as defined in section 1016 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485);
       ``(10) ensure that the Department meets its information 
     technology and information resources management workforce or 
     human capital needs in its hiring, training and professional 
     development policies as required by section 3506(b) of title 
     44, United States Code, and section 11315(c) of title 40, 
     United States Code;
       ``(11) collaborate with the heads of the components of the 
     Department in recruiting and selecting key information 
     technology officials in the components of the Department; and
       ``(12) perform other responsibilities, as determined by the 
     Secretary.''.

     SEC. 205. DEPARTMENT OF HOMELAND SECURITY INTERNATIONAL 
                   AFFAIRS OFFICE.

       (a) Office of International Affairs.--The Homeland Security 
     Act of 2002 (6 U.S.C. 101 et seq.) is amended by striking 
     section 879 and inserting the following:

     ``SEC. 879. OFFICE OF INTERNATIONAL AFFAIRS.

       ``(a) Establishment.--There is established within the 
     Department an Office of International Affairs, headed by the 
     Assistant Secretary for International Affairs, who shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       ``(b) Responsibilities of the Assistant Secretary.--The 
     Assistant Secretary for International Affairs shall--
       ``(1) coordinate international activities within the 
     Department, including the components of the Department, in 
     coordination with other Federal officers with responsibility 
     for counterterrorism and homeland security matters;
       ``(2) develop and update, in consultation with all 
     components of the Department with international activities, 
     an international strategic plan for the Department and 
     establish a process for managing its implementation;
       ``(3) provide guidance to components of the Department on 
     executing international activities and to employees of the 
     Department who are deployed overseas, including--
       ``(A) establishing predeployment preparedness criteria for 
     employees and any accompanying family members;
       ``(B) establishing, in coordination with the Under 
     Secretary for Management, minimum support requirements for 
     Department employees abroad, to ensure the employees have the 
     proper resources and have received adequate and timely 
     support prior to and during tours of duty;
       ``(C) providing information and training on administrative 
     support services available to overseas employees from the 
     Department of State and other Federal agencies;
       ``(D) establishing guidance on how Department attaches are 
     expected to coordinate with other component staff and 
     activities; and
       ``(E) developing procedures and guidance for employees of 
     the Department returning to the United States;
       ``(4) maintain full awareness regarding the international 
     travel of senior officers of the Department, in order to 
     fully inform the Secretary and Deputy Secretary of the 
     Department's international activities;
       ``(5) promote information and education exchange with the 
     international community of nations friendly to the United 
     States in order to promote the sharing of homeland security 
     information, best practices, and technologies relating to 
     homeland security, in coordination with the Science and 
     Technology Homeland Security International Cooperative 
     Programs Office established under section 317, including--
       ``(A) exchange of information on research and development 
     on homeland security technologies;
       ``(B) joint training exercises of emergency response 
     providers;
       ``(C) exchange of expertise on terrorism prevention, 
     preparedness, response, and recovery;
       ``(D) exchange of information with appropriate private 
     sector entities with international exposure; and
       ``(E) international training and technical assistance to 
     representatives of foreign countries who are collaborating 
     with the Department;
       ``(6) identify areas for homeland security information and 
     training exchange in which the United States has a 
     demonstrated weakness and a country that is a friend or ally 
     of the United States has a demonstrated expertise;
       ``(7) review and provide input to the Secretary on budget 
     requests relating to the international expenditures of the 
     elements and components of the Department;
       ``(8) participate, in coordination with other appropriate 
     Federal agencies, in the development and implementation of 
     international agreements relating to homeland security; and
       ``(9) perform other duties, as determined by the Secretary.
       ``(c) Responsibilities of the Components of the 
     Department.--
       ``(1) In general.--All components of the Department shall 
     notify the Office of International Affairs of the intent of 
     the component to pursue negotiations with foreign 
     governments.
       ``(2) Travel.--All components of the Departments shall 
     inform the Office of International Affairs about the 
     international travel of senior officers of the Department, 
     including contacts with foreign governments.
       ``(d) Exclusions.--This section does not apply to 
     international activities related to the protective mission of 
     the United States Secret Service or to the United States 
     Coast Guard when operating under the direct authority of the 
     Secretary of Defense or Secretary of the Navy.''.
       (b) Review of Homeland Security International Affairs 
     Activities.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of State, shall develop a plan to improve the 
     coordination of the activities of the Department outside of 
     the United States.
       (2) Contents of plan.--The plan developed under paragraph 
     (1) shall include--
       (A) an assessment of the strategic priorities for the 
     Department in the outreach and liaison activities of the 
     Department with international partners;
       (B) an inventory and cost analysis of the international 
     offices, workforce, and fixed assets of the Department;

[[Page S9691]]

       (C) a plan for improving the coordination of the activities 
     and resources of the Department outside of the United States, 
     including at United States embassies overseas; and
       (D) recommendations relating to the appropriate role for 
     Senior Homeland Security Representatives and attaches of the 
     Department at United States embassies overseas.
       (3) Reporting.--Not later than 210 days after the date of 
     enactment of this Act, the Secretary shall submit the plan 
     developed under paragraph (1) to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Foreign Relations of the Senate; 
     and
       (B) the Committee on Homeland Security and the Committee on 
     Foreign Affairs of the House of Representatives.

     SEC. 206. DEPARTMENT OF HOMELAND SECURITY REORGANIZATION 
                   AUTHORITY.

       Section 872(b) of the Homeland Security Act of 2002 (6 
     U.S.C. 452(b)) is amended--
       (1) in paragraph (1), in the paragraph heading, by striking 
     ``In general'' and inserting ``Limitations on initial 
     reorganization plan''; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Limitations on other reorganization authority.--
       ``(A) In general.--Authority under subsection (a)(2) does 
     not extend to the discontinuance, abolition, substantial 
     consolidation, alteration, or transfer of any agency, entity, 
     organizational unit, program, or function established or 
     required to be maintained by statute.
       ``(B) Exception.--Notwithstanding paragraph (1), if the 
     President determines it to be necessary because of an 
     imminent threat to homeland security, a function, power, or 
     duty vested by law in the Department, or an officer, 
     official, or agency thereof, may be transferred, reassigned, 
     or consolidated within the Department. A transfer, 
     reassignment, or consolidation under this subparagraph shall 
     remain in effect only until the President determines that the 
     threat to homeland security has terminated or is no longer 
     imminent.''.

     SEC. 207. HOMELAND SECURITY INSTITUTE.

       Section 312 of the Homeland Security Act of 2002 (6 U.S.C. 
     192) is amended by striking subsection (g), and inserting the 
     following:
       ``(g) Publication of Institute Reports.--To the maximum 
     extent possible, the Homeland Security Institute shall make 
     available unclassified versions of reports by the Homeland 
     Security Institute on the website of the Homeland Security 
     Institute.''.

     SEC. 208. OFFICE OF THE INSPECTOR GENERAL.

       Of the amount authorized to be appropriated under section 
     101, there are authorized to be appropriated to the Secretary 
     for operations of the Office of the Inspector General of the 
     Department--
       (1) $108,500,000 for fiscal year 2008; and
       (2) $111,600,000 for fiscal year 2009.

     SEC. 209. DEPARTMENT MANAGEMENT DIRECTIVE SYSTEM.

       (a) In General.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall make available on 
     the website of the Department all unclassified directives and 
     management directives of the Department, including relevant 
     attachments and enclosures. Any directive that contains 
     controlled unclassified information may be redacted, as 
     appropriate.
       (b) Report.--Not later than 7 days after the date on which 
     the Secretary makes all directives available under subsection 
     (a), the Secretary shall submit a report that includes any 
     directive or management directive of the Department 
     (including attachments and enclosures) that was redacted or 
     not published on the website of the Department because the 
     directive or management directive contains classified 
     information or controlled unclassified information to--
       (1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (2) the Committee on Homeland Security of the House of 
     Representatives.

        TITLE III--PROCUREMENT POLICY AND RESOURCES IMPROVEMENTS

     SEC. 301. DEPARTMENT OF HOMELAND SECURITY INVESTMENT REVIEW.

       (a) In General.--Title VII of the Homeland Security Act of 
     2002 (6 U.S.C. 341 et seq.), as amended by section 202 of 
     this Act, is amended by adding at the end the following:

     ``SEC. 707. DEPARTMENT INVESTMENT REVIEW.

       ``(a) Establishment.--The Secretary shall establish a 
     process for the review of proposed investments by the 
     Department.
       ``(b) Purpose.--The Secretary shall use the process 
     established under subsection (a) to inform investment 
     decisions, strengthen acquisition oversight, and improve 
     resource management across the Department.
       ``(c) Boards and Councils.--
       ``(1) Establishment.--The Secretary shall establish a 
     Department-wide Acquisition Review Board for the purpose of 
     carrying out the investment review process established under 
     subsection (a).
       ``(2) Membership.--The Secretary shall designate 
     appropriate officers of the Department to serve on the 
     Acquisition Review Board.
       ``(3) Subordinate boards and councils.--The Secretary may 
     establish subordinate boards and councils reporting to the 
     Acquisition Review Board to review certain categories of 
     investments on a Department-wide basis.
       ``(d) Investment Thresholds.--The Secretary shall establish 
     threshold amounts for the review of investments by the 
     Acquisition Review Board and any subordinate boards and 
     councils.''.
       (b) Reporting Requirements.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall submit a report on 
     the implementation of the amendments made by this section, 
     including providing all directives, instructions, memoranda, 
     manuals, guidebooks, and other materials relevant to the 
     implementation of the amendments made by this section to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Homeland Security of the House of 
     Representatives.
       (2) Annual report.--
       (A) In general.--The Secretary shall submit an annual 
     report on the activities of the Acquisition Review Board and 
     subordinate boards and councils established within the 
     Department for the purpose of Department-wide investment 
     review and acquisition oversight under section 707 of the 
     Homeland Security Act of 2002, as added by this section, 
     including detailed statistics on programs and activities 
     reviewed, to--
       (i) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (ii) the Committee on Homeland Security of the House of 
     Representatives.
       (B) Annual financial report.--The report under this 
     paragraph may be included as part of the performance and 
     accountability report submitted by the Department under 
     section 3516(f) of title 31, United States Code.
       (c) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is amended by inserting after the item 
     relating to section 706 the following:

``Sec. 707. Department investment review.''.

     SEC. 302. REQUIRED CERTIFICATION OF PROJECT MANAGERS FOR 
                   LEVEL ONE PROJECTS.

       Not later than 12 months after the date of enactment of 
     this Act, the Secretary shall assign to each Level 1 project 
     of the Department (as defined by the Acquisition Review Board 
     established under section 707 of the Homeland Security Act of 
     2002, as added by this Act) with an estimated value of more 
     than $100,000,000 at least 1 project manager certified by the 
     Secretary as competent to administer programs of that size. 
     The designation of project level and the certification of 
     project managers shall be in accordance with the Federal IT 
     Project Manager Guidance issued by the Chief Information 
     Officers Council.

     SEC. 303. REVIEW AND REPORT ON EAGLE AND FIRST SOURCE 
                   CONTRACTS.

       (a) Review.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary shall review the 
     Enterprise Acquisition Gateway for Leading Edge Solutions and 
     First Source contract vehicles and determine whether each 
     contract vehicle is cost effective or redundant considering 
     all contracts in effect on the date of enactment of this Act 
     that are available for multi-agency use. In determining 
     whether a contract is cost effective, the Secretary shall 
     consider all direct and indirect costs to the Department of 
     awarding and administering the contract and the impact the 
     contract will have on the ability of the Federal Government 
     to leverage its purchasing power. The Secretary shall submit 
     the results of the review to the Administrator of the Office 
     of Federal Procurement Policy and the Committees listed in 
     subsection (b).
       (b) In General.--On a quarterly basis, the Chief 
     Procurement Officer of the Department shall submit a report 
     on contracts awarded and orders issued in an amount greater 
     than $1,000,000 by the Department under the Enterprise 
     Acquisition Gateway for Leading Edge Solutions and First 
     Source contract vehicles to--
       (1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (2) the Committee on Homeland Security of the House of 
     Representatives.
       (c) Contents.--Each report submitted under this section 
     shall contain--
       (1) a description of each contract awarded or order issued 
     by the Department under the Enterprise Acquisition Gateway 
     for Leading Edge Solutions and First Source contract vehicles 
     during the applicable quarter, including the name of the 
     contractor, the estimated cost, and the type of contract or 
     order and, if applicable, the award fee structure;
       (2) for each contract or order described in paragraph (1), 
     a copy of the statement of work;
       (3) for each contract or order described in paragraph (1), 
     an explanation of why other Governmentwide contract vehicles 
     are not suitable to meet the needs of the Department; and
       (4) for any contract or order described in paragraph (1) 
     that is a cost reimbursement or time and materials contract 
     or order, an explanation of why a fixed price arrangement was 
     not an appropriate solution.

     SEC. 304. REPORT ON USE OF PERSONAL SERVICES CONTRACTS.

       (a) In General.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary shall submit a report on 
     the use by the Department of the authority granted for 
     procurement of personal services under section 832 of the 
     Homeland Security Act of 2002 (6 U.S.C. 392) to--
       (1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (2) the Committee on Homeland Security of the House of 
     Representatives.

[[Page S9692]]

       (b) Contents.--The report submitted under subsection (a) 
     shall include a description of each procurement for temporary 
     or intermittent personal services acquired under the 
     authority granted for procurement of personal services under 
     section 832 of the Homeland Security Act of 2002 (6 U.S.C. 
     392), including the duration of any contract for such 
     services.

     SEC. 305. PROHIBITION ON USE OF CONTRACTS FOR CONGRESSIONAL 
                   AFFAIRS ACTIVITIES.

       The Department may not enter into a contract under which 
     the person contracting with the Department will--
       (1) provide responses to requests for information from a 
     Member of Congress or a committee of Congress; or
       (2) prepare written or oral testimony of an officer or 
     employee of the Department in response to a request to appear 
     before Congress.

     SEC. 306. SMALL BUSINESS UTILIZATION REPORT.

       (a) Report.--
       (1) In general.--Not later than 12 months after the date of 
     enactment of this Act, the Chief Procurement Officer of the 
     Department shall submit a report regarding the use of small 
     business concerns by the Department to--
       (A) the Secretary;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (C) the Committee on Homeland Security of the House of 
     Representatives.
       (2) Contents.--The report submitted under paragraph (1) 
     shall identify each component of the Department that did not 
     meet the goals for small business participation by the 
     component the previous fiscal year.
       (b) Action Plan.--For a component meeting or exceeding the 
     goals for small business participation an action plan is not 
     required. For a component not meeting the goals for small 
     business participation, not later than 90 days after the date 
     on which the report under subsection (a) is submitted, the 
     Chief Procurement Officer of the Department, in consultation 
     with the Director of Small and Disadvantaged Business 
     Utilization of the Department, shall, for each component 
     develop, submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives, and begin 
     implementing an action plan, including a timetable, for 
     achieving small business participation goals.

     SEC. 307. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE 
                   PROGRAM.

       (a) Establishment.--The Secretary shall establish within 
     the Office of Small and Disadvantaged Business Utilization of 
     the Department a mentor-protege program.
       (b) Review by Inspector General.--The Inspector General of 
     the Department shall conduct a review of the mentor-protege 
     program established under this section, which shall include--
       (1) an assessment of the effectiveness of the program under 
     this section;
       (2) identification of any barriers that restrict 
     contractors from participating in the program under this 
     section;
       (3) a comparison of the program under this section with the 
     Department of Defense mentor-protege program; and
       (4) development of recommendations to strengthen the 
     program.

     SEC. 308. OTHER TRANSACTION AUTHORITY.

       Section 831 of the Homeland Security Act of 2002 (6 U.S.C. 
     391) is amended--
       (1) in subsection (a)--
       (A) by striking ``Until September 30, 2008, the Secretary 
     may carry out a pilot program'' and inserting ``If the 
     Secretary issues policy guidance by September 30, 2008, 
     detailing the appropriate use of other transaction authority 
     and provides mandatory other transaction training to each 
     employee who has the authority to handle procurements under 
     other transaction authority, the Secretary may, before 
     September 30, 2010, carry out a program''; and
       (B) in paragraph (1), by striking ``subsection (b)'' and 
     inserting ``subsection (b)(1)'';
       (2) in subsection (b)--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and realigning such 
     subparagraphs, as so redesignated, so as to be indented 4 ems 
     from the left margin;
       (B) by striking ``(b) Report.--Not later than 2 years'' and 
     inserting the following:
       ``(b) Reports.--
       ``(1) In general.--Not later than 2 years''; and
       (C) by adding at the end the following:
       ``(2) Annual report on exercise of other transaction 
     authority.--
       ``(A) In general.--The Secretary shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives an annual report on the exercise of 
     other transaction authority under subsection (a).
       ``(B) Content.--The report required under subparagraph (A) 
     shall include the following:
       ``(i) The technology areas in which research projects were 
     conducted under other transaction authority.
       ``(ii) The extent of the cost-sharing among Federal and 
     non-Federal sources.
       ``(iii) The extent to which the use of the other 
     transaction authority--

       ``(I) has contributed to a broadening of the technology and 
     industrial base available for meeting the needs of the 
     Department; and
       ``(II) has fostered within the technology and industrial 
     base new relationships and practices that support the 
     national security of the United States.

       ``(iv) The total amount of payments, if any, that were 
     received by the Federal Government during the fiscal year 
     covered by the report.
       ``(v) The rationale for using other transaction authority, 
     including why grants or Federal Acquisition Regulation-based 
     contracts were not used, the extent of competition, and the 
     amount expended for each such project.''.

     SEC. 309. INDEPENDENT VERIFICATION AND VALIDATION.

       (a) Report.--
       (1) In general.--Not later than 12 months after the date of 
     enactment of this Act, and semi-annually thereafter, the 
     Chief Procurement Officer of the Department shall submit a 
     report regarding the use of independent verification and 
     validation by the Department to--
       (A) the Secretary;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (C) the Committee on Homeland Security of the House of 
     Representatives.
       (2) Contents.--The report submitted under paragraph (1) 
     shall--
       (A) identify each program in the Department where 
     independent verification and validation was used and a 
     description of the use;
       (B) include recommendations for implementing independent 
     verification and validation in future procurements; and
       (C) for all Level 1 projects of the Department (as defined 
     by the Acquisition Review Board established under section 707 
     of the Homeland Security Act of 2002, as added by this Act) 
     not using independent verification and validation, provide an 
     explanation of why independent verification and validation 
     was not used.

     SEC. 310. STRATEGIC PLAN FOR ACQUISITION WORKFORCE.

       (a) Strategic Plan.--Not later than 6 months after the date 
     of enactment of this Act, the Chief Procurement Officer and 
     the Chief Human Capital Officer of the Department shall 
     develop and deliver to relevant congressional committees a 5-
     year strategic plan for the acquisition workforce of the 
     Department.
       (b) Elements of Plan.--The plan required under subsection 
     (a) shall, at a minimum--
       (1) designate, in coordination with the Office of Federal 
     Procurement Policy, positions in the Department that are 
     acquisition positions which--
       (A) shall include, at a minimum--
       (i) program management positions;
       (ii) systems planning, research, development, engineering, 
     and testing positions;
       (iii) procurement, including contracting positions;
       (iv) industrial property management positions;
       (v) logistics positions;
       (vi) quality control and assurance positions;
       (vii) manufacturing and production positions;
       (viii) business, cost estimating, financial management, and 
     auditing positions;
       (ix) education, training, and career development positions;
       (x) construction positions; and
       (xi) positions involving joint development and production 
     with other government agencies and foreign countries; and
       (B) may include positions that are in management 
     headquarters activities and in management headquarters 
     support activities and perform acquisition-related functions;
       (2) identify acquisition workforce needs of each component 
     and of units performing Department-wide acquisition 
     functions, including workforce gaps and strategies for 
     filling those gaps;
       (3) include Departmental guidance and policies on the use 
     of contractors to perform acquisition functions;
       (4) describe specific steps for the recruitment, hiring, 
     training, and retention of the workforce identified in 
     paragraph (2); and
       (5) set forth goals for achieving integration and 
     consistency with governmentwide training and accreditation 
     standards, acquisition training tools and training 
     facilities.
       (c) Other Acquisition Positions.--The plan required under 
     subsection (a) may provide that the Chief Acquisition Officer 
     or Senior Procurement Executive, as appropriate, may 
     designate as acquisition positions those additional positions 
     that perform significant acquisition-related functions within 
     that component of the Department.
       (d) Relevant Congressional Committees.--For purposes of 
     this section, the term ``relevant congressional committees'' 
     means the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives.

     SEC. 311. BUY AMERICAN REQUIREMENT; EXCEPTIONS.

       (a) Requirement.--Except as provided in subsections (c) 
     through (e), funds appropriated or otherwise available to the 
     Transportation Security Administration may not be used for 
     the procurement of an item described in subsection (b) if the 
     item is not grown, reprocessed, reused, or produced in the 
     United States.
       (b) Covered Items.--An item referred to in subsection (a) 
     is, if the item is directly related to the national security 
     interests of the United States, an article or item of--

[[Page S9693]]

       (1) clothing and the materials and components thereof, 
     other than sensors, electronics, or other items added to, and 
     not normally associated with, clothing (and the materials and 
     components thereof);
       (2) tents, tarpaulins, or covers; or
       (3) cotton and other natural fiber products, woven silk or 
     woven silk blends, spun silk yarn for cartridge cloth, 
     synthetic fabric or coated synthetic fabric (including all 
     textile fibers and yarns that are for use in such fabrics), 
     canvas products, or wool (whether in the form of fiber or 
     yarn or contained in fabrics, materials, or manufactured 
     articles).
       (c) Availability Exception.--Subsection (a) does not apply 
     to the extent that the Secretary determines that satisfactory 
     quality and sufficient quantity of any such article or item 
     described in subsection (b) grown, reprocessed, reused, or 
     produced in the United States cannot be procured as and when 
     needed.
       (d) Exception for Certain Procurements Outside the United 
     States.--Subsection (a) does not apply to--
       (1) procurements by vessels in foreign waters; or
       (2) emergency procurements.
       (e) Exception for Small Purchases.--Subsection (a) does not 
     apply to purchases for amounts not greater than the threshold 
     for a public notice of solicitation described in section 
     18(a)(1)(A) of the Office of Federal Procurement Policy Act 
     (41 U.S.C. 416(a)(1)(A)).
       (f) Applicability to Contracts and Subcontracts for 
     Procurement of Commercial Items.--This section shall apply to 
     contracts and subcontracts for the procurement of commercial 
     items notwithstanding section 34 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 430).
       (g) Geographic Coverage.--In this section, the term 
     ``United States'' includes the possessions of the United 
     States.
       (h) Notification Required Within 7 Days After Contract 
     Award if Certain Exceptions Applied.--In the case of any 
     contract for the procurement of an item described in 
     subsection (b), if the Secretary applies an exception set 
     forth in subsection (c) with respect to that contract, the 
     Secretary shall, not later than 7 days after the award of the 
     contract, post a notification that the exception has been 
     applied on the Internet site maintained by the General 
     Services Administration know as FedBizOpps.gov (or any 
     successor site).
       (i) Training During Fiscal Year 2008.--
       (1) In general.--The Secretary shall ensure that each 
     member of the acquisition workforce in the Department who 
     participates personally and substantially in the acquisition 
     of textiles on a regular basis receives training during 
     fiscal year 2008 on the requirements of this section and the 
     regulations implementing this section.
       (2) Inclusion of information in new training programs.--The 
     Secretary shall ensure that any training program for the 
     acquisition workforce developed or implemented after the date 
     of enactment of this Act includes comprehensive information 
     on the requirements described in paragraph (1).
       (j) Consistency With International Agreements.--
       (1) In general.--A provision of this section shall not 
     apply to the extent the Secretary, in consultation with the 
     United States Trade Representative, determines that the 
     provision is inconsistent with United States obligations 
     under an international agreement.
       (2) Report.--The Secretary shall submit to Congress a 
     report each year containing, with respect to the year covered 
     by the report--
       (A) a list of each provision of this section that did not 
     apply during that year pursuant to a determination by the 
     Secretary under paragraph (1); and
       (B) a list of each contract awarded by the Department 
     during that year without regard to a provision in this 
     section because that provision was made inapplicable pursuant 
     to such a determination.
       (k) Effective Date.--This section applies with respect to 
     contracts entered into by or on behalf of the Transportation 
     Security Administration after the date of the enactment of 
     this Act.

                     TITLE IV--WORKFORCE PROVISIONS

     SEC. 401. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGEMENT AT THE 
                   OFFICE OF INTELLIGENCE AND ANALYSIS.

       (a) In General.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended by inserting after section 845 
     the following:

     ``SEC. 846. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGEMENT AT 
                   THE OFFICE OF INTELLIGENCE AND ANALYSIS.

       ``(a) Authority To Establish Positions in Excepted 
     Service.--
       ``(1) In general.--With the concurrence of the Director of 
     National Intelligence and in coordination with the Director 
     of the Office of Personnel Management, the Secretary may--
       ``(A) convert competitive service positions, and the 
     incumbents of such positions, within the Office of 
     Intelligence and Analysis to excepted service positions as 
     the Secretary determines necessary to carry out the 
     intelligence functions of the Department; and
       ``(B) establish new positions within the Office of 
     Intelligence and Analysis in the excepted service, if the 
     Secretary determines such positions are necessary to carry 
     out the intelligence functions of the Department.
       ``(2) Classification and pay ranges.--In coordination with 
     the Director of National Intelligence, the Secretary may 
     establish the classification and ranges of rates of basic pay 
     for any position converted under paragraph (1)(A) or 
     established under paragraph (1)(B), notwithstanding otherwise 
     applicable laws governing the classification and rates of 
     basic pay for such positions.
       ``(3) Appointment and compensation.--The Secretary may 
     appoint individuals for service in positions converted under 
     paragraph (1)(A) or established under paragraph (1)(B) 
     without regard to the provisions of chapter 33 of title 5, 
     United States Code, governing appointments in the competitive 
     service, and to fix the compensation of such individuals 
     within the applicable ranges of rates of basic pay 
     established under paragraph (2).
       ``(4) Maximum rate of basic pay.--The maximum rate of basic 
     pay the Secretary may establish under this subsection is the 
     rate for level III of the Executive Schedule under section 
     5314 of title 5, United States Code.
       ``(b) Extension of Flexible Personnel Management 
     Authorities.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `compensation authority'--
       ``(i) means authority involving basic pay (including 
     position classification), premium pay, awards, bonuses, 
     incentives, allowances, differentials, student loan 
     repayments, and special payments; and
       ``(ii) shall not include--

       ``(I) authorities relating to benefits such as leave, 
     severance pay, retirement, and insurance;
       ``(II) authority to grant a rank award by the President 
     under section 4507, 4507a, or 3151(c) of title 5, United 
     States Code, or any other provision of law; or
       ``(III) compensation authorities and performance management 
     authorities provided under provisions of law relating to the 
     Senior Executive Service; and

       ``(B) the term `intelligence community' has the meaning 
     given under section 3(4) of the National Security Act of 1947 
     (50 U.S.C. 401a(4)).
       ``(2) In general.--Notwithstanding any other provision of 
     law, in order to ensure the equitable treatment of employees 
     across the intelligence community, the Secretary, with the 
     concurrence of the Director of National Intelligence, or for 
     those matters that fall under the responsibilities of the 
     Office of Personnel Management under statute or executive 
     order, in coordination with the Director of the Office of 
     Personnel Management, may authorize the Office of 
     Intelligence and Analysis to adopt compensation authority, 
     performance management authority, and scholarship authority 
     that have been authorized for another element of the 
     intelligence community if the Secretary and the Director of 
     National Intelligence--
       ``(A) determine that the adoption of such authority would 
     improve the management and performance of the intelligence 
     community; and
       ``(B) not later than 60 days before such authority is to 
     take effect, submit notice of the adoption of such authority 
     by the Office of Intelligence and Analysis, including the 
     authority to be so adopted, and an estimate of the costs 
     associated with the adoption of such authority to--
       ``(i) the Committee on Homeland Security and Governmental 
     Affairs and the Select Committee on Intelligence of the 
     Senate; and
       ``(ii) the Committee on Homeland Security and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       ``(3) Equivalent application of compensation authority.--To 
     the extent that a compensation authority within the 
     intelligence community is limited to a particular category of 
     employees or a particular situation, the authority may be 
     adopted by the Office of Intelligence and Analysis under this 
     subsection only for employees in an equivalent category or in 
     an equivalent situation.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is amended by inserting after the item 
     relating to section 845 the following:

``Sec. 846. Authority for flexible personnel management at the Office 
              of Intelligence and Analysis.''.

     SEC. 402. DIRECT HIRE AUTHORITY FOR CERTAIN POSITIONS AT THE 
                   SCIENCE AND TECHNOLOGY DIRECTORATE.

       (a) Definition.--In this section, the term ``employee'' has 
     the meaning given under section 2105 of title 5, United 
     States Code.
       (b) Authority.--The Secretary may make appointments to a 
     position described under subsection (c) without regard to the 
     provisions of subchapter I of chapter 33 of title 5, United 
     States Code, other than sections 3303 and 3328 of such title.
       (c) Positions.--This section applies with respect to any 
     scientific or engineering position within the Science and 
     Technology Directorate which requires an advanced degree.
       (d) Limitation.--
       (1) In general.--Authority under this section may not, in 
     any calendar year and with respect to any laboratory, be 
     exercised with respect to a number of positions greater than 
     the number equal to 2 percent of the total number of 
     positions within such laboratory that are filled as of the 
     end of the most recent fiscal year before the start of such 
     calendar year.
       (2) Full-time equivalent basis.--For purposes of this 
     subsection, positions shall be counted on a full-time 
     equivalent basis.
       (e) Termination.--The authority to make appointments under 
     this section shall terminate on January 1, 2014.

[[Page S9694]]

     SEC. 403. APPOINTMENT OF THE CHIEF HUMAN CAPITAL OFFICER BY 
                   THE SECRETARY OF HOMELAND SECURITY.

       Section 103(d) of the Homeland Security Act of 2002 (6 
     U.S.C. 113(d)) is amended--
       (1) by striking paragraph (3); and
       (2) redesignating paragraphs (4) and (5) as paragraphs (3) 
     and (4), respectively.

     SEC. 404. PLAN TO IMPROVE REPRESENTATION OF MINORITIES IN 
                   VARIOUS CATEGORIES OF EMPLOYMENT.

       (a) Representation of Minorities.--
       (1) In general.--The Department shall implement policies 
     and procedures Department-wide in accordance with section 717 
     of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) and 
     section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 
     791).
       (2) Terms.--In this section, the terms defined in section 
     7201(a) of title 5, United States Code, have the meanings 
     given such terms in that section 7201(a).
       (b) Plan for Improving Representation of Minorities.--
       (1) In general.--
       (A) Submission of plan.--Not later than 90 days after the 
     date of enactment of this Act, the Chief Human Capital 
     Officer of the Department shall submit a plan to achieve the 
     objective of addressing any underrepresentation of minorities 
     in the various categories of civil service employment within 
     the Department to--
       (i) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (ii) the Committee on Homeland Security and the Committee 
     on Oversight and Government Reform of the House of 
     Representatives; and
       (iii) the Comptroller General of the United States.
       (B) Contents.--The plan submitted under this subsection 
     shall identify and describe--
       (i) any barriers to achieving the objective described under 
     subparagraph (A); and
       (ii) the strategies and measures to overcome such barriers.
       (2) Determination by equal employment opportunity 
     commission .--In consultation with the Office of Personnel 
     Management, the Equal Employment Opportunity Commission shall 
     make the determination of the number of members of a minority 
     group for purposes of applying definitions under section 
     7201(a) of title 5, United States Code, in this section.
       (c) Assessments.--Not later than 1 year after the date on 
     which Chief Human Capital Officer submits the plan under 
     subsection (b), the Comptroller General of the United States 
     shall assess--
       (1) any programs and other measures currently being 
     implemented to achieve the objective described under 
     subsection (b)(1); and
       (2) the likelihood that the plan will allow the Department 
     to achieve such objective.

     SEC. 405. OFFICE OF THE CHIEF LEARNING OFFICER.

       (a) In General.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended by inserting after section 707 
     the following:

     ``SEC. 708. CHIEF LEARNING OFFICER.

       ``(a) Establishment.--There is established within the 
     Department an Office of the Chief Learning Officer.
       ``(b) Chief Learning Officer.--The Chief Learning Officer 
     shall be the head of the Office of the Chief Learning 
     Officer.
       ``(c) Responsibilities.--The responsibilities of the Chief 
     Learning Officer shall include--
       ``(1) establishing a Learning and Development strategy for 
     the Department, and managing the implementation of that 
     strategy;
       ``(2) managing the Department of Homeland Security 
     University System;
       ``(3) coordinating with the components of the Department to 
     ensure that training and education activities at the 
     component level are consistent, as appropriate, with the 
     objectives of the Learning and Development strategy;
       ``(4) identifying training and education requirements 
     throughout the Department for career fields not otherwise 
     managed by another office or component of the Department as 
     directed by statute;
       ``(5) filling gaps in training and education through 
     analysis and creation of courses or programs;
       ``(6) coordinating with the Administrator of the Federal 
     Emergency Management Agency on activities under section 845;
       ``(7) ensuring that training and education programs and 
     activities are adequately publicized to Department employees 
     and to other stakeholders, including other Federal, State, 
     local and tribal officials, as appropriate; and
       ``(8) other responsibilities, as directed by the 
     Secretary.''.
       (b) Learning and Development Strategy.--Not later than 15 
     days after the date of enactment of this Act, the Department 
     shall publish the Department of Homeland Security Learning 
     and Development strategy, dated September 28, 2007, on the 
     Department website.
       (c) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101(b)) is amended by inserting after the item 
     relating to section 707 the following:

``Sec. 708. Chief Learning Officer.''.

     SEC. 406. EXTENSION OF RELOCATION EXPENSES TEST PROGRAMS.

       (a) In General.--Section 5739(e) of title 5, United States 
     Code, is amended by striking ``11 years'' and inserting ``14 
     years''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as though enacted as part of the Travel and 
     Transportation Reform Act of 1998 (Public Law 105-264; 112 
     Stat. 2355).

        TITLE V--INTELLIGENCE AND INFORMATION-SHARING PROVISIONS

     SEC. 501. FULL AND EFFICIENT USE OF OPEN SOURCE INFORMATION.

       (a) In General.--Subtitle A of title II of the Homeland 
     Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 210F. FULL AND EFFICIENT USE OF OPEN SOURCE 
                   INFORMATION.

       ``(a) Definition of Open Source Information.--In this 
     section, the term `open source information' means publicly 
     available information that can be lawfully obtained by a 
     member of the public by request, purchase, or observation.
       ``(b) Responsibilities of Secretary.--In coordination with 
     the Assistant Deputy Director of National Intelligence for 
     Open Source and the Director of National Intelligence, the 
     Secretary shall establish an open source collection, 
     analysis, and dissemination program within the Office of 
     Intelligence and Analysis. The program shall make full and 
     efficient use of open source information to develop and 
     disseminate open source alerts, warnings, and other 
     intelligence products relating to the mission of the 
     Department.
       ``(c) Intelligence Analysis.--The Secretary shall ensure 
     that the Department makes full and efficient use of open 
     source information in carrying out paragraphs (1) and (2) of 
     section 201(d).
       ``(d) Dissemination.--The Secretary shall make open source 
     information of the Department available to appropriate 
     officers of the Federal Government, State, local, and tribal 
     governments, and private-sector entities, using systems and 
     networks for the dissemination of homeland security 
     information.
       ``(e) Protection of Privacy.--
       ``(1) Compliance with other laws.--The Secretary shall 
     ensure that the manner in which open source information is 
     gathered and disseminated by the Department complies with 
     section 552a of title 5, United States Code (commonly 
     referred to as the Privacy Act of 1974), provisions of law 
     enacted by the E-Government Act of 2002 (Public Law 107-347), 
     and all other relevant Federal laws.
       ``(2) Description in annual report by privacy officer.--The 
     Privacy Officer of the Department shall include in the annual 
     report submitted to Congress under section 222 an assessment 
     of compliance by Federal departments and agencies with the 
     laws described in paragraph (1), as they relate to the use of 
     open source information.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. et seq.) is amended by inserting after the item 
     relating to section 210E the following:

``Sec. 210F. Full and efficient use of open source information.''.

     SEC. 502. AUTHORIZATION OF INTELLIGENCE ACTIVITIES.

       (a) In General.--Funds authorized or made available by this 
     Act for intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     years 2008 and 2009.
       (b) Rule of Construction.--The authorization of 
     appropriations by this Act shall not be deemed to constitute 
     authority for the conduct of any intelligence activity which 
     is not otherwise authorized by the Constitution or the laws 
     of the United States.

     SEC. 503. UNDER SECRETARY FOR INTELLIGENCE AND ANALYSIS 
                   TECHNICAL CORRECTION.

       Section 103(a) of the Homeland Security Act of 2002 (6 
     U.S.C. 113(a)) is amended--
       (1) by redesignating paragraphs (9) and (10) as paragraphs 
     (10) and (11), respectively; and
       (2) by inserting after paragraph (8) the following:
       ``(9) An Under Secretary for Intelligence and Analysis.''.

    TITLE VI--CYBER SECURITY INFRASTRUCTURE PROTECTION IMPROVEMENTS

     SEC. 601. NATIONAL CYBER SECURITY DIVISION.

       (a) In General.--Subtitle C of title II of the Homeland 
     Security Act of 2002 (6 U.S.C. 141 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 226. NATIONAL CYBER SECURITY DIVISION.

       ``(a) Definitions.--In this section--
       ``(1) the term `critical information infrastructure' means 
     a system or asset, whether physical or virtual, used in 
     processing, transferring, and storing information so vital to 
     the United States that the incapacity or destruction of such 
     system or asset would have a debilitating impact on security, 
     national economic security, or national public health or 
     safety; and
       ``(2) the term `Division' means the National Cyber Security 
     Division.
       ``(b) Establishment.--There shall be within the Office of 
     the Assistant Secretary for Cyber Security and Communications 
     a National Cyber Security Division.
       ``(c) Responsibilities.--
       ``(1) In general.--The Division shall be responsible for 
     overseeing preparation, situational awareness, response, 
     reconstitution, and mitigation necessary for cyber security, 
     including--
       ``(A) establishing and maintaining a capability within the 
     Department to identify threats to critical information 
     infrastructure to aid in detection of vulnerabilities and

[[Page S9695]]

     warning of potential acts of terrorism and other attacks;
       ``(B) establishing and maintaining a capability to share 
     useful, timely information regarding cyber vulnerabilities, 
     threats, and attacks with officers of the Federal Government 
     and State and local governments, the private sector, and the 
     general public;
       ``(C) conducting comprehensive risk assessments on critical 
     information infrastructure with respect to acts of terrorism 
     and other large-scale disruptions, identifying and 
     prioritizing vulnerabilities in non-Federal critical 
     information infrastructure, and coordinating the mitigation 
     of such vulnerabilities;
       ``(D) coordinating with the Assistant Secretary for 
     Infrastructure Protection to ensure that cyber security is 
     appropriately addressed in carrying out the infrastructure 
     protection responsibilities described in section 201(d);
       ``(E) developing, with input from the owners and operators 
     of relevant assets and systems, a plan for the continuation 
     of critical information operations in the event of a cyber 
     attack or other large-scale disruption of the information 
     infrastructure of the United States;
       ``(F) defining what qualifies as a cyber incident of 
     national significance for purposes of the National Response 
     Plan or any successor plan prepared under section 504(a)(6);
       ``(G) ensuring that the priorities, procedures, and 
     resources of the Department are in place to reconstitute 
     critical information infrastructures in the event of an act 
     of terrorism or other large-scale disruption of such 
     infrastructures;
       ``(H) developing, in coordination with the National Cyber 
     Security Center, a national cyber security awareness, 
     training, and education program that promotes cyber security 
     awareness within the Federal Government and throughout the 
     Nation; and
       ``(I) consulting and coordinating with the Under Secretary 
     for Science and Technology on cyber security research and 
     development to strengthen critical information infrastructure 
     against acts of terrorism and other large-scale disruptions.
       ``(2) Staffing.--The Division shall establish a capability 
     to attract and retain qualified information technology 
     experts at the Department to help analyze cyber threats and 
     vulnerabilities.
       ``(3) Federal network security.--The Division, in 
     coordination with the National Cyber Security Center, shall 
     monitor, consistent with the Constitution and other 
     applicable laws of the United States, network traffic for all 
     Federal civilian departments and agencies to determine any 
     potential cyber incidents or vulnerabilities.
       ``(4) Collaboration.--
       ``(A) In general.--Wherever possible, the Division shall 
     work collaboratively with relevant members of the private 
     sector, academia, other cyber security experts, and officers 
     of the Federal Government and State, local, and tribal 
     governments in carrying out the responsibilities under this 
     subsection.
       ``(B) Single contact.--The Division shall provide a single 
     Federal Government contact for State, local, and tribal 
     governments and academia and other private sector entities to 
     exchange information and work collaboratively regarding the 
     security of critical information infrastructure.''.
       (b) Table of Contents.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
     seq.) is amended by inserting after the item relating to 
     section 225 the following:

``Sec. 226. National Cyber Security Division.''.

     SEC. 602. NATIONAL CYBER SECURITY CENTER.

       (a) In General.--Subtitle C of title II of the Homeland 
     Security Act of 2002 (6 U.S.C. 141 et seq.), as amended by 
     section 601 of this Act, is amended by adding at the end the 
     following:

     ``SEC. 227. NATIONAL CYBER SECURITY CENTER.

       ``(a) Definitions.--In this section--
       ``(1) the term `agency'--
       ``(A) means any executive department, military department, 
     Government corporation, Government controlled corporation, or 
     other establishment in the executive branch of the Government 
     (including the Executive Office of the President), or any 
     independent regulatory agency; and
       ``(B) does not include the governments of the District of 
     Columbia and of the territories and possessions of the United 
     States and their various subdivisions;
       ``(2) the term `Director' means the Director of the 
     National Cyber Security Center;
       ``(3) the term `Federal information infrastructure' means 
     the information infrastructure that is operated by an agency; 
     and
       ``(4) the term `information infrastructure' means the 
     underlying framework that information systems and assets rely 
     on in processing, transmitting, receiving, or storing 
     information electronically.
       ``(b) Establishment.--There is established within the 
     Department a National Cyber Security Center.
       ``(c) Director.--
       ``(1) Establishment and appointment.--There is a Director 
     of the National Cyber Security Center, who shall be--
       ``(A) the head of the National Cyber Security Center;
       ``(B) a member of the Chief Information Officers Council; 
     and
       ``(C) appointed by the President, by and with the advice 
     and consent of the Senate.
       ``(2) Qualifications.--The Director shall have significant 
     expertise in matters relating to the security of information 
     technology systems or other relevant experience.
       ``(3) Limitation on service.--The individual serving as the 
     Director may not, while so serving, serve in any other 
     capacity in the Federal Government, except to the extent that 
     the individual serving as Director is doing so in an acting 
     capacity.
       ``(4) Supervision.--The Director shall report to--
       ``(A) the President on matters relating to the interagency 
     missions described in subparagraph (B), (C), or (E) of 
     subsection (e)(1); and
       ``(B) the Secretary on all other matters, without being 
     required to report through any other official of the 
     Department.
       ``(d) Deputy Directors.--
       ``(1) Establishment and appointment.--There are 2 Deputy 
     Directors of the National Cyber Security Center, who shall 
     report to the Director.
       ``(2) Detailee and employee.--
       ``(A) Detailee.--The Director shall enter into a memorandum 
     of understanding with the Director of National Intelligence 
     for the assignment of an employee of the intelligence 
     community (as defined in section 3(4) of the National 
     Security Act of 1947 (50 U.S.C. 401a(4))) with relevant 
     experience to work at the National Cyber Security Center as a 
     Deputy Director.
       ``(B) Employee.--One Deputy Director shall be a permanent 
     employee of the Department and a member of the Senior 
     Executive Service.
       ``(e) Primary Missions.--
       ``(1) In general.--The primary missions of the National 
     Cyber Security Center shall be to--
       ``(A) coordinate and integrate information to--
       ``(i) provide cross-domain situational awareness; and
       ``(ii) analyze and report on the composite state of the 
     Federal information infrastructure;
       ``(B) unify strategy for the security of the Federal 
     information infrastructure;
       ``(C) coordinate the development of interagency plans in 
     response to an incident of national significance relating to 
     the security of the Federal information infrastructure;
       ``(D) coordinate in conjunction with the Director of the 
     Office of Management and Budget the development of uniform 
     standards and guidelines under section 20 of the National 
     Institute of Standards and Technology Act (15 U.S.C. 278g-3);
       ``(E) develop performance measures to evaluate the security 
     of the Federal information infrastructure; and
       ``(F) ensure, in coordination with the Privacy Office and 
     the Office for Civil Rights and Civil Liberties, that all 
     policies and procedures for securing the Federal information 
     infrastructure comply with all applicable policies, 
     regulations, and laws protecting the privacy and civil 
     liberties of individuals.
       ``(2) Awareness of security status.--The National Cyber 
     Security Center shall establish electronic connections to 
     ensure timely awareness of the security status of the 
     information infrastructure and overall United States Cyber 
     Networks and Systems with--
       ``(A) the United States Computer Emergency Readiness Team;
       ``(B) the National Security Agency Threat Operations 
     Center;
       ``(C) the Joint Task Force-Global Network Operations;
       ``(D) the Department of Defense Cyber Crime Center;
       ``(E) the National Cyber Investigative Joint Task Force;
       ``(F) the Intelligence Community Incident Response Center;
       ``(G) any other agency identified by the Director, with the 
     concurrence of the head of that agency; and
       ``(H) any other nongovernmental organization identified by 
     the Director, with the concurrence of the owner or operator 
     of that organization.
       ``(f) Authorities of the Director.--
       ``(1) Access to information.--Unless otherwise directed by 
     the President--
       ``(A) the Director shall access, receive, and analyze law 
     enforcement information, intelligence information, terrorism 
     information (as defined in section 1016 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485)), 
     and other information as determined by the Director, relevant 
     to the security of the Federal information infrastructure 
     from agencies of the Federal Government, State, and local 
     government agencies (including law enforcement agencies), and 
     as appropriate, private sector entities related to the 
     security of Federal information infrastructure; and
       ``(B) any agency in possession of law enforcement 
     information, intelligence information, and terrorism 
     information (as defined in section 1016 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485)) 
     relevant to the security of the Federal information 
     infrastructure shall provide that information to the Director 
     in a timely manner.
       ``(2) Breach of any government information technology 
     system.--Unless otherwise directed by the President, upon 
     notification or detection of any act or omission by any 
     person or entity that substantially jeopardizes the security 
     of the Federal information infrastructure, the entities 
     described under subsection (e)(2) shall immediately inform 
     the Director of such act or omission.

[[Page S9696]]

       ``(3) Development of budgets.--Based on standards and 
     guidelines developed under subsection (e)(1)(D) and any other 
     relevant information, the Director shall--
       ``(A) provide to the head of each agency that operates a 
     Federal computer system, guidance for developing the budget 
     pertaining to the information security activities of each 
     agency;
       ``(B) provide such guidance to the Director of the Office 
     of Management and Budget who shall, to the maximum extent 
     practicable, ensure that each agency budget conforms with 
     such guidance;
       ``(C) regularly evaluate each agency budget to determine if 
     that budget is adequate to meet the performance measures 
     established under subsection (e)(1)(E); and
       ``(D) provide copies of that evaluation to--
       ``(i) the head of each relevant agency;
       ``(ii) the Director of the Office of Management and Budget;
       ``(iii) the Committee on Appropriations of the Senate;
       ``(iv) the Committee on Appropriations of the House of 
     Representatives;
       ``(v) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(vi) the Committee on Oversight and Government Reform of 
     the House of Representatives; and
       ``(vii) and the Committee on Homeland Security of the House 
     of Representatives.
       ``(4) Review and inspection.--
       ``(A) In general.--The Director may--
       ``(i) review the enterprise architecture, acquisition 
     plans, contracts, policies, and procedures of any agency 
     relevant to the information security of the Federal 
     information infrastructure; and
       ``(ii) physically inspect any facility to determine if the 
     performance measures established by the National Cyber 
     Security Center have been satisfied.
       ``(B) Remedial measures.--If the Director determines, 
     through review, inspection, or audit, that the applicable 
     security performance measures have not been satisfied, the 
     Director, in coordination with the Director of the Office of 
     Management and Budget, may recommend remedial measures to be 
     taken to prevent any damage, loss of information, or other 
     threat to information security as a result of the failure to 
     satisfy the applicable performance measures. Such measures 
     shall be implemented or the head of the agency shall certify 
     that, and explain how, the identified vulnerability has been 
     mitigated.
       ``(5) Operational evaluations.--Unless otherwise directed 
     by the President, the Director, in coordination with the 
     Director of the National Security Agency, shall support 
     strategic planning for the operational evaluation of the 
     security of the Federal information infrastructure. Such 
     planning may include the determination of objectives to be 
     achieved, tasks to be performed, interagency coordination of 
     operational activities, and the assignment of roles and 
     responsibilities, but the Director shall not, unless 
     otherwise directed by the Secretary, direct the execution of 
     operational evaluations.
       ``(6) Information sharing.--The Director shall provide 
     information to the Director of the National Cyber Security 
     Division on potential vulnerabilities, attacks, and 
     exploitations of the Federal information infrastructure to 
     the extent that such information might assist State, local, 
     tribal, private, and other entities in securing their own 
     information systems.
       ``(g) Reports.--
       ``(1) In general.--Not less than once in each calendar 
     year, the National Cyber Security Center shall submit a 
     report to Congress.
       ``(2) Contents.--
       ``(A) In general.--Each report submitted under this 
     subsection shall include--
       ``(i) a general assessment of the security of the 
     information technology infrastructure of the Federal 
     Government;
       ``(ii) a description of the activities of the National 
     Cyber Security Center in the preceding year;
       ``(iii) a description of all vulnerabilities, attacks, and 
     exploitations of Federal Government information technology 
     infrastructure in the preceding year and actions taken in 
     response; and
       ``(iv) an assessment of the amount and frequency of 
     information shared with the Center by the entities described 
     under subsection (e)(2).
       ``(B) Classified annex.--To the extent that any information 
     in a report submitted under this subsection is classified, 
     the report may include a classified annex.
       ``(h) Rule of Construction.--Nothing in this section shall 
     be construed to create any new authority to collect, 
     maintain, or disseminate personally identifiable information 
     concerning United States citizens.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $30,000,000 for fiscal year 2009; and
       ``(2) such sums as necessary for each of fiscal years 2010, 
     2011, 2012, and 2013.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is amended by inserting after the item 
     relating to section 226, as added by section 601 of this Act, 
     the following:

``Sec. 227. National Cyber Security Center.''.

     SEC. 603. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGEMENT FOR 
                   CYBER SECURITY POSITIONS IN THE DEPARTMENT.

       (a) In General.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended by inserting after section 
     846, as added by section 401 of this Act, the following:

     ``SEC. 847. AUTHORITY FOR FLEXIBLE PERSONNEL MANAGEMENT FOR 
                   CYBER SECURITY POSITIONS AT THE DEPARTMENT.

       ``(a) In General.--With the concurrence of the Director of 
     the National Cyber Security Center or the Assistant Secretary 
     for Cyber Security and Communications, as appropriate, and in 
     coordination with the Director of the Office of Personnel 
     Management, the Secretary may establish new positions within 
     the National Cyber Security Center and the National Cyber 
     Security Division in the excepted service, if the Secretary 
     determines such positions are necessary to carry out the 
     cyber security functions of the Department.
       ``(b) Classification and Pay Ranges.--In coordination with 
     the Director of the National Cyber Security Center and the 
     Assistant Secretary for Cyber Security and Communications, 
     the Secretary may establish the classification and ranges of 
     rates of basic pay for any position established under 
     subsection (a), notwithstanding otherwise applicable laws 
     governing the classification and rates of basic pay for such 
     positions.
       ``(c) Appointment and Compensation.--The Secretary may 
     appoint individuals for service in positions established 
     under subsection (a) without regard to the provisions of 
     chapter 33 of title 5, United States Code, governing 
     appointments in the competitive service, and to fix the 
     compensation of such individuals within the applicable ranges 
     of rates of basic pay established under subsection (b).
       ``(d) Maximum Rate of Basic Pay.--The maximum rate of basic 
     pay the Secretary may establish under this section is the 
     rate for level III of the Executive Schedule under section 
     5314 of title 5, United States Code.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is amended by inserting after the item 
     relating to section 846, as added by section 401 of this Act, 
     the following:

``Sec. 847. Authority for flexible personnel management for cyber 
              security positions at the department.''.

     SEC. 604. CYBER THREAT.

       (a) Definition.--In this section, the term ``critical 
     infrastructure'' has the meaning given that term in section 2 
     of the Homeland Security Act of 2002 (6 U.S.C. 101).
       (b) Sharing of Cyber Threat Information.--The Inspector 
     General of the Department, in coordination with the Inspector 
     General of the Office of the Director of National 
     Intelligence, shall--
       (1) assess the sharing of cyber threat information, 
     including--
       (A) how cyber threat information, including classified 
     information, is shared with the owners and operators of 
     United States critical infrastructure;
       (B) the mechanisms by which classified cyber threat 
     information is distributed; and
       (C) the effectiveness of the sharing of cyber threat 
     information; and
       (2) not later than 180 days after the date of enactment of 
     this Act, submit a report regarding the assessment under 
     paragraph (1) to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Homeland Security of the House of 
     Representatives.
       (c) Cyber Threat Assessment.--The Secretary, in 
     coordination with the Director of National Intelligence, 
     shall--
       (1) perform a comprehensive, up-to-date assessment of the 
     cyber threat to critical infrastructure, including threats to 
     electric power command and control systems in the United 
     States; and
       (2) not later than 180 days after the date of enactment of 
     this Act, submit a report regarding the assessment under 
     paragraph (1) to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Homeland Security of the House of 
     Representatives.

     SEC. 605. CYBER SECURITY RESEARCH AND DEVELOPMENT.

       (a) In General.--Title III of the Homeland Security Act of 
     2002 (6 U.S.C. 181 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 318. CYBER SECURITY RESEARCH AND DEVELOPMENT.

       ``(a) Establishment of Research and Development Program.--
     The Under Secretary for Science and Technology, in 
     coordination with the Assistant Secretary for Cyber Security 
     and Communications and the Director of the National Cyber 
     Security Center, shall carry out a research and development 
     program for the purpose of improving the security of 
     information systems.
       ``(b) Eligible Projects.--The research and development 
     program under this section may include projects to--
       ``(1) advance the development and accelerate the deployment 
     of more secure versions of fundamental Internet protocols and 
     architectures, including for the domain name system and 
     routing protocols;
       ``(2) improve and create technologies for detecting attacks 
     or intrusions, including monitoring technologies;
       ``(3) improve and create mitigation and recovery 
     methodologies, including techniques for containment of 
     attacks and development of resilient networks and systems 
     that degrade gracefully;
       ``(4) develop and support infrastructure and tools to 
     support cyber security research and

[[Page S9697]]

     development efforts, including modeling, testbeds, and data 
     sets for assessment of new cyber security technologies;
       ``(5) assist the development and support of technologies to 
     reduce vulnerabilities in process control systems;
       ``(6) test, evaluate, and facilitate the transfer of 
     technologies associated with the engineering of less 
     vulnerable software and securing the information technology 
     software development lifecycle; and
       ``(7) address other vulnerabilities and risks identified by 
     the Secretary.
       ``(c) Coordination With Other Research Initiatives.--The 
     Under Secretary for Science and Technology--
       ``(1) shall ensure that the research and development 
     program is consistent with the National Strategy to Secure 
     Cyberspace, or any succeeding strategy;
       ``(2) shall, to the extent practicable, coordinate the 
     research and development activities of the Department with 
     other ongoing research and development security-related 
     initiatives, including research being conducted by--
       ``(A) the National Institutes of Standards and Technology;
       ``(B) the National Academy of Sciences;
       ``(C) other Federal departments and agencies; and
       ``(D) other Federal and private research laboratories, 
     research entities, and universities and institutions of 
     higher education;
       ``(3) shall carry out any research and development project 
     authorized by this section through a reimbursable agreement 
     with an appropriate Federal agency, if the agency--
       ``(A) is sponsoring a research and development project in a 
     similar area; or
       ``(B) has a unique facility or capability that would be 
     useful in carrying out the project; and
       ``(4) may award grants, or enter into cooperative 
     agreements, contracts, other transactions, or reimbursable 
     agreements to the entities described in paragraph (2).
       ``(d) Privacy and Civil Rights and Civil Liberties 
     Issues.--
       ``(1) Consultation.--In carrying out research and 
     development projects under this section, the Secretary shall 
     consult with the Privacy Officer of the Department and the 
     Officer for Civil Rights and Civil Liberties of the 
     Department.
       ``(2) Privacy impact assessments.--In accordance with 
     sections 222 and 705, the Privacy Officer shall conduct 
     privacy impact assessments and the Officer for Civil Rights 
     and Civil Liberties shall conduct reviews, as appropriate, 
     for research and development initiatives developed under this 
     section that the Secretary determines could have an impact on 
     privacy, civil rights, or civil liberties.
       ``(e) Authorization of Appropriations.--
       ``(1) In general.--From funds appropriated under section 
     114(w) of title 49, United States Code, there shall be made 
     available to the Secretary to carry out this section 
     $50,000,000 for each fiscal year 2009 through 2012.
       ``(2) Availability of funds.--Funds appropriated pursuant 
     to the authorization under this subsection shall remain 
     available until expended.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is amended by inserting after the item 
     relating to section 317 the following:

``Sec. 318. Cyber security research and development.''.

     SEC. 606. COMPREHENSIVE NATIONAL CYBER SECURITY INITIATIVE.

       Not later than 90 days after the date of enactment of this 
     Act, the Secretary, in coordination with the Director of 
     National Intelligence, shall submit a report containing 
     comprehensive and detailed program and budget information and 
     delineating plans for and linking expenditures to the goals 
     of the Comprehensive National Cyber Security Initiative, as 
     described in National Security Policy Directive 54/Homeland 
     Security Policy Directive 23 signed by the President on 
     January 8, 2008, as modified by the President under this Act 
     and the amendments made by this Act, including implementation 
     guidance and personnel recruiting, retention, and assignment 
     goals to--
       (1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (2) the Committee on Homeland Security of the House of 
     Representatives.

     SEC. 607. NATIONAL CYBER SECURITY PRIVATE SECTOR ADVISORY 
                   BOARD.

       (a) Definition.--In this section, the term ``Board'' means 
     the National Cyber Security Private Sector Advisory Board 
     established under subsection (b).
       (b) Establishment.--There is established the National Cyber 
     Security Private Sector Advisory Board.
       (c) Functions.--
       (1) In general.--The Board shall provide advice and comment 
     to the Secretary on--
       (A) the cyber security standards, practices, and policies 
     of the Department;
       (B) the state of security of information technology 
     infrastructure in the United States; and
       (C) any other issue relating to cyber security that the 
     members of the Board determine is relevant.
       (2) The federal advisory committee act.--The Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     Board.
       (d) Chairperson.--
       (1) In general.--The chairperson of the Board shall be the 
     Secretary.
       (2) Delegation.--Through the Secretary, the Board shall 
     provide advice to both the National Cyber Security Division 
     and the National Cyber Security Center. The chairpersonship 
     of the Board shall not be delegated solely to 1 of these 
     entities.
       (e) Vice Chairperson.--The vice chairperson of the Board 
     shall be selected from among the private sector members of 
     the Private-Sector Advisory Board by means determined by the 
     members of the Board.
       (f) Members.--The Board shall be composed of academics, 
     business leaders, and other nongovernment individuals with 
     relevant expertise in the area of cyber security appointed by 
     the Secretary.
       (g) Meetings.--The Board shall meet not less than twice 
     each calendar year.

     SEC. 608. INFRASTRUCTURE PROTECTION.

       Section 201 of the Homeland Security Act of 2002 (6 U.S.C. 
     121) is amended--
       (1) in subsection (b)(3), by adding at the end the 
     following: ``The Assistant Secretary for Infrastructure 
     Protection shall report to the Under Secretary with 
     responsibility for overseeing critical infrastructure 
     protection established in section 103(a)(8).''; and
       (2) in subsection (d)--
       (A) by redesignating paragraphs (2) through (25) as 
     paragraphs (3) through (26), respectively;
       (B) by inserting after paragraph (1) the following:
       ``(2) To promote, prioritize, coordinate, and plan for the 
     protection, security, resiliency, and postdisaster 
     restoration of critical infrastructure and key resources of 
     the United States against or in the event of an act of 
     terrorism, natural disaster, or other manmade disaster, in 
     coordination with other agencies of the Federal Government 
     and in cooperation with State and local government agencies 
     and authorities, the private sector, and other entities.'';
       (C) in paragraph (6), as so redesignated--
       (i) by inserting ``, implement, and coordinate'' after 
     ``develop''; and
       (ii) by inserting ``, in partnership with the private 
     sector,'' after ``comprehensive national plan'';
       (D) in paragraph (7), as so redesignated, by inserting 
     ``and facilitate the implementation of'' after ``recommend''; 
     and
       (E) in paragraph (9), as so redesignated, by inserting ``, 
     including owners and operators of critical infrastructure, in 
     a timely and effective manner'' after ``such 
     responsibilities''.

 TITLE VII--BIOLOGICAL, MEDICAL, AND SCIENCE AND TECHNOLOGY PROVISIONS

     SEC. 701. CHIEF MEDICAL OFFICER AND OFFICE OF HEALTH AFFAIRS.

       Section 516 of the Homeland Security Act of 2002 (6 U.S.C. 
     321e) is amended to read as follows:

     ``SEC. 516. CHIEF MEDICAL OFFICER.

       ``(a) In General.--There is in the Department an Office of 
     Health Affairs, which shall be headed by a Chief Medical 
     Officer, who shall be appointed by the President, by and with 
     the advice and consent of the Senate. The Chief Medical 
     Officer shall also have the title of Assistant Secretary for 
     Health Affairs.
       ``(b) Qualifications.--The individual appointed as the 
     Chief Medical Officer shall possess a demonstrated ability in 
     and knowledge of medicine and public health.
       ``(c) Responsibilities.--
       ``(1) In general.--The Chief Medical Officer shall have the 
     primary responsibility within the Department for medical and 
     public health issues relating to the mission and operations 
     of the Department, including medical and public health issues 
     relating to natural disasters, acts of terrorism, and other 
     man-made disasters.
       ``(2) Specific responsibilities.--The responsibilities of 
     the Chief Medical Officer shall include--
       ``(A) serving as the principal advisor to the Secretary and 
     the Administrator on the medical care, public health, and 
     agrodefense responsibilities of the Department;
       ``(B) providing oversight of all medically-related actions 
     and of protocols of the medical personnel of the Department;
       ``(C) administering the responsibilities of the Department 
     for medical readiness, including providing guidance to 
     support State and local training, equipment, and exercises 
     funded by the Department;
       ``(D) serving as the primary point of contact in the 
     Department with the Department of Agriculture, the Department 
     of Defense, the Department of Health and Human Services, the 
     Department of Transportation, the Department of Veterans 
     Affairs, and other Federal departments and agencies, on 
     medical and public health matters;
       ``(E) serving as the primary point of contact in the 
     Department for State, local, and tribal governments, the 
     medical community, and the private sector, with respect to 
     medical and public health matters;
       ``(F) coordinating the biodefense and biosurveillance 
     activities of the Department, including managing the National 
     Biosurveillance Integration Center under section 316;
       ``(G) discharging, in coordination with the Under Secretary 
     for Science and Technology, the responsibilities of the 
     Department under Project BioShield under sections 319F-1 and 
     319F-2 of the Public Health Service Act (42 U.S.C. 247d-6a 
     and 247d-6b);
       ``(H) ensuring that the workforce of the Department has 
     science-based policy, standards, requirements, and metrics 
     for occupational safety and health;
       ``(I) providing medical expertise for the components of the 
     Department with respect

[[Page S9698]]

     to prevention, preparedness, protection, response, and 
     recovery for medical and public health matters;
       ``(J) working in conjunction with appropriate Department 
     entities and other appropriate Federal departments and 
     agencies to develop guidance for prevention, preparedness, 
     protection, response, and recovery from catastrophic events 
     with human, animal, agricultural, or environmental health 
     consequences; and
       ``(K) performing such other duties as the Secretary may 
     require.''.

     SEC. 702. TEST, EVALUATION, AND STANDARDS DIVISION.

       (a) Test, Evaluation, and Standards Division.--Section 308 
     of the Homeland Security Act of 2002 (6 U.S.C. 188) is 
     amended--
       (1) in subsection (a), by inserting ``and through the Test, 
     Evaluation, and Standards Division of the Directorate'' after 
     ``programs''; and
       (2) by adding at the end the following:
       ``(d) Test, Evaluation, and Standards Division.--
       ``(1) Establishment.--There is established in the 
     Directorate of Science and Technology a Test, Evaluation, and 
     Standards Division.
       ``(2) Leadership.--The Test, Evaluation, and Standards 
     Division shall be headed by a Director of Test, Evaluation, 
     and Standards.
       ``(3) Responsibilities, authorities, and functions.--The 
     Secretary, acting through the Director of Test, Evaluation, 
     and Standards, shall--
       ``(A) ensure the effectiveness, reliability, and 
     suitability of testing and evaluation activities conduct by 
     or on behalf of components and agencies of the Department in 
     acquisition programs that are designated as high-risk major 
     acquisition programs;
       ``(B) provide the Department with independent and objective 
     assessments of the adequacy of testing and evaluation 
     activities conducted in support of acquisition programs that 
     are designed as high-risk major acquisition programs;
       ``(C) review and approve all Testing and Evaluation Master 
     Plans, test plans, and testing evaluation procedures for 
     acquisition programs that are designated as high-risk major 
     acquisition programs;
       ``(D) develop testing and evaluation policies for the 
     Department;
       ``(E) develop a testing and evaluation infrastructure 
     investment plan to modernize departmental test-bed facilities 
     that conduct developmental, performance, or operational 
     testing in support of acquisition programs that are 
     designated as high-risk major acquisition programs;
       ``(F) accredit test facilities or test-beds, as necessary, 
     that will be used by the Department for testing and 
     evaluation activities; and
       ``(G) support the development and adoption of voluntary 
     standards in accordance with section 12(d) of the National 
     Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
     272 note).
       ``(4) Definition.--In this subsection, the term `high-risk 
     major acquisition program' means any acquisition program that 
     is--
       ``(A) designated as a Level 1 acquisition under the 
     policies of the Acquisition Review Board of the Department 
     established under section 707; or
       ``(B) otherwise designated by the Secretary as a complex, 
     high-risk, or major acquisition programs requiring enhanced 
     oversight by the Department.''.
       (b) Oversight.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives a report that identifies each 
     current or planned high-risk major acquisition program, as 
     defined in this section.

     SEC. 703. DIRECTOR OF OPERATIONAL TESTING.

       (a) In General.--Title III of the Homeland Security Act of 
     2002 (6 U.S.C. 181 et seq.), as amended by section 605 of 
     this Act, is amended by adding at the end the following:

     ``SEC. 319. DIRECTOR OF OPERATIONAL TESTING.

       ``(a) Definitions.--In this section--
       ``(1) the term `high-risk major acquisition program' has 
     the meaning given that term in section 308(d)(4); and
       ``(2) the term `operational test and evaluation' means 
     testing conducted under realistic operational conditions of 
     any item or key component of a high-risk major acquisition 
     program for the purpose of determining the operational 
     effectiveness, performance, suitability, reliability, 
     availability, and maintenance of the system for the intended 
     mission.
       ``(b) Establishment.--There is in the Department a Director 
     of Operational Testing, who shall report to the Under 
     Secretary for Science and Technology and the Under Secretary 
     for Management on the operational testing and evaluation of 
     all high-risk major acquisition programs.
       ``(c) Access to Records and Data.--
       ``(1) In general.--The Director of Operational Testing 
     shall have prompt and full access to test and evaluation 
     documents, data, and test results of the Department that the 
     Director considers necessary to review in order to carry out 
     the duties of the Director under this section.
       ``(2) Observers.--The Director of Operational Testing may 
     require that observers designated by the Director shall be 
     present during the preparation for and the conduct of any 
     operational test and evaluation conducted of a high-risk 
     major acquisition program.
       ``(3) Reporting by program managers.--The program manager 
     of a high-risk major acquisition program shall promptly 
     report to the Director of Operational Testing the results of 
     any operational test and evaluation conducted for a system in 
     that program.
       ``(d) Safety Concerns.--The Director of Operational Testing 
     shall ensure that any safety concern developed during the 
     test and evaluation of a system in a high-risk major 
     acquisition program are communicated in a timely manner to 
     the Program Manager and Component Head for the applicable 
     program.
       ``(e) Reporting to Congress.--The Director shall promptly 
     comply with any request made by the Committee on Homeland 
     Security and Governmental Affairs of the Senate or the 
     Committee on Homeland Security of the House of 
     Representatives for information or reports relating to the 
     operational test and evaluation of a high-risk major 
     acquisition program.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is amended by inserting after the item 
     relating to section 318, as added by section 605 of this Act, 
     the following:

``Sec. 319. Director of Operational Testing.''.

     SEC. 704. AVAILABILITY OF TESTING FACILITIES AND EQUIPMENT.

       (a) Authority.--The Under Secretary for Science and 
     Technology may make available to any person or entity, for an 
     appropriate fee, the services of any center or other testing 
     facility owned and operated by the Department for the testing 
     of materials, equipment, models, computer software, and other 
     items designed to advance the homeland security mission.
       (b) Interference With Federal Programs.--The Under 
     Secretary for Science and Technology shall ensure that the 
     testing of materials, equipment, models, computer software, 
     or other items not owned by the Federal Government shall not 
     cause personnel or other resources of the Federal Government 
     to be diverted from scheduled Federal Government tests or 
     otherwise interfere with Federal Government mission 
     requirements.
       (c) Confidentiality of Test Results.--The results of tests 
     performed with services made available under subsection (a) 
     and any associated data provided by the person or entity for 
     the conduct of the tests--
       (1) are trade secrets and commercial or financial 
     information that is privileged or confidential within the 
     meaning of section 552(b)(4) of title 5, United States Code; 
     and
       (2) may not be disclosed outside the Federal Government 
     without the consent of the person or entity for whom the 
     tests are performed.
       (d) Fees.--The fee for using the services of a center or 
     facility under subsection (a) may not exceed the amount 
     necessary to recoup the direct and indirect costs involved, 
     such as direct costs of utilities, contractor support, and 
     salaries of personnel, that are incurred by the Federal 
     Government to provide for the testing.
       (e) Use of Fees.--Any fee collected under subsection (a) 
     shall be credited to the appropriations or other funds of the 
     Directorate of Science and Technology and shall be used to 
     directly support the research and development activities of 
     the Department.
       (f) Operational Plan.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Under Secretary for Science and 
     Technology shall submit to Congress a report detailing a plan 
     for exercising the authority to make available a center or 
     other testing facility under this section.
       (2) Contents.--The plan submitted under paragraph (1) shall 
     include--
       (A) a list of the facilities and equipment that could be 
     made available to a person or entity under this section;
       (B) a 5-year budget plan, including the costs for facility 
     construction, staff training, contract and legal fees, 
     equipment maintenance and operation, and any incidental costs 
     associated with exercising the authority to make available a 
     center or other testing facility under this section;
       (C) a 5-year estimate of the number of persons and entities 
     that may use a center or other testing facility and fees to 
     be collected under this section;
       (D) a list of criteria to be used by the Under Secretary 
     for Science and Technology in selecting persons and entities 
     to use a center or other testing facility under this section, 
     including any special requirements for foreign applicants; 
     and
       (E) an assessment of the effect the authority to make 
     available a center or other testing facility under this 
     section would have on the ability of a center or testing 
     facility to meet its obligations under other Federal 
     programs.
       (g) Report to Congress.--The Under Secretary for Science 
     and Technology shall submit to Congress an annual report 
     containing a list of the centers and testing facilities that 
     have collected fees under this section, the amount of fees 
     collected, a brief description of each use of a center or 
     facility under this section, and the purpose for which the 
     testing was conducted.

     SEC. 705. HOMELAND SECURITY SCIENCE AND TECHNOLOGY ADVISORY 
                   COMMITTEE.

       (a) In General.--Section 311(j) of the Homeland Security 
     Act of 2002 (6 U.S.C. 191(j)) is amended by striking 
     ``December 31, 2008'' and inserting ``December 31, 2012''.

[[Page S9699]]

       (b) Sense of Congress.--It is the sense of Congress that 
     the Department should fully use the Homeland Security Science 
     and Technology Advisory Committee to address the science and 
     technology challenges of the Department.

     SEC. 706. NATIONAL ACADEMY OF SCIENCES REPORT.

       (a) In General.--The Under Secretary for Science and 
     Technology shall enter into an agreement with the National 
     Research Council of the National Academy of Sciences to 
     produce a report updating the 2002 report of the National 
     Research Council entitled ``Making the Nation Safer'' (in 
     this section referred to as the ``2002 report'').
       (b) Content of Report.--The report produced under 
     subsection (a) shall--
       (1) reexamine the framework in the 2002 report for the 
     application of science and technology for countering 
     terrorism and homeland security;
       (2) reassess the research agendas in the 9 areas addressed 
     in the 2002 report, and in any new areas the National 
     Research Council determines to address;
       (3) define priority research areas that have not been 
     sufficiently addressed by Federal Government research and 
     development activities since 2002;
       (4) assess the efficacy of the organizational structure and 
     processes of the Federal Government for conducting research 
     and development relating to counterterrorism and homeland 
     security;
       (5) assess the efficacy of the science and technology 
     workforce in the United States in terms of supporting 
     research and development relating to counterterrorism and 
     homeland security; and
       (6) address other related topics that the National Research 
     Council determines to examine.
       (c) Publication.--Not later than 1 year after the date of 
     enactment of this Act, the National Research Council shall 
     release the report produced under subsection (a) and make the 
     report available free of charge on the website of the 
     National Academies.
       (d) Authorization.--Of the total authorized in section 101 
     of this Act for fiscal year 2009, $1,000,000 is authorized to 
     carry out this section.

     SEC. 707. MATERIAL THREATS.

       (a) In General.--
       (1) Material threats.--Section 319F-2(c)(2)(A) of the 
     Public Health Service Act (42 U.S.C. 247d-6b(c)(2)(A)) is 
     amended--
       (A) by redesignating clauses (i) and (ii) as subclauses (I) 
     and (II), respectively;
       (B) by moving each of such subclauses 2 ems to the right;
       (C) by striking ``(A) Material threat.--The Homeland 
     Security Secretary'' and inserting the following:
       ``(A) Material threat.--
       ``(i) In general.--The Homeland Security Secretary''; and
       (D) by adding at the end the following clauses:
       ``(ii) Groupings to facilitate assessment of 
     countermeasures.--

       ``(I) In general.--In conducting threat assessments and 
     determinations under clause (i) of chemical, biological, 
     radiological, and nuclear agents, the Homeland Security 
     Secretary may consider the completion of such assessments and 
     determinations for groups of agents toward the goal of 
     facilitating the assessment of countermeasures under 
     paragraph (3) by the Secretary.
       ``(II) Categories of countermeasures.--The grouping of 
     agents under subclause (I) by the Homeland Security Secretary 
     shall be designed, in consultation with the Secretary, to 
     facilitate assessments under paragraph (3) by the Secretary 
     regarding the following two categories of countermeasures:

       ``(aa) Countermeasures that may address more than one agent 
     identified under clause (i)(II).
       ``(bb) Countermeasures that may address adverse health 
     consequences that are common to exposure to different agents.

       ``(III) Rule of construction.--A particular grouping of 
     agents pursuant to subclause (II) is not required under such 
     subclause to facilitate assessments of both categories of 
     countermeasures described in such subclause. A grouping may 
     concern one category and not the other.

       ``(iii) Timeframe for completion of certain national 
     security determinations.--With respect to chemical and 
     biological agents and particular radiological isotopes and 
     nuclear materials, or appropriate groupings of such agents, 
     known to the Homeland Security Secretary as of the day before 
     the date of the enactment of this clause, and which such 
     Secretary considers to be capable of significantly affecting 
     national security, such Secretary shall complete the 
     determinations under clause (i)(II) not later than December 
     31, 2009.
       ``(iv) Report to congress.--Not later than 30 days after 
     the date on which the Homeland Security Secretary completes a 
     material threat assessment under clause (i) or a risk 
     assessment for the purpose of satisfying such clause, such 
     Secretary shall submit to Congress a report containing the 
     results of such assessment.
       ``(v) Definition.--For purposes of this subparagraph, the 
     term `risk assessment' means a scientific, technically-based 
     analysis of agents that incorporates threat, vulnerability, 
     and consequence information.''.
       (2) Technical and conforming amendments.--Section 319F-2(c) 
     of the Public Health Service Act (42 U.S.C. 247d-6b(c)) is 
     amended--
       (A) in paragraph (1)(B)(i)(I), by striking ``paragraph 
     (2)(A)(ii)'' and inserting ``paragraph (2)(A)(i)(II)''; and
       (B) in paragraph (2)--
       (i) in subparagraph (B)--

       (I) in clause (i), by striking ``subparagraph (A)(ii)'' and 
     inserting ``subparagraph (A)(i)(II)''; and
       (II) in clause (ii), by striking ``subparagraph (A)(ii)'' 
     and inserting ``subparagraph (A)(i)(II)'';

       (ii) in subparagraph (C), by striking ``subparagraph (A)'' 
     and inserting ``subparagraph (A)(i)''; and
       (iii) in subparagraph (D), by striking ``subparagraph (A)'' 
     and inserting ``subparagraph (A)(i)''.
       (b) Authorization of Appropriations.--Section 521(d) of the 
     Homeland Security Act of 2002 (6 U.S.C. 321-j(d)) is 
     amended--
       (1) in paragraph (1), by striking ``2006,'' and inserting 
     ``2010,''; and
       (2) by adding at the end the following:
       ``(3) Additional authorization of appropriations regarding 
     certain threat assessments.--For the purpose of providing an 
     additional amount to the Secretary to assist the Secretary in 
     meeting the requirements of clause (iii) of section 319F-
     2(c)(2)(A)) of the Public Health Service Act (relating to 
     time frames), there are authorized to be appropriated such 
     sums as may be necessary for fiscal year 2009, in addition to 
     the authorization of appropriations established in paragraph 
     (1). The purposes for which such additional amount may be 
     expended include conducting risk assessments regarding clause 
     (i)(II) of such section when there are no existing risk 
     assessments that the Secretary considers credible.''.

                 TITLE VIII--BORDER SECURITY PROVISIONS

                 Subtitle A--Border Security Generally

     SEC. 801. INCREASE OF CUSTOMS AND BORDER PROTECTION OFFICERS 
                   AND SUPPORT STAFF AT PORTS OF ENTRY.

       (a) Customs and Border Protection Officers.--For each of 
     the fiscal years 2009 through 2011, the Secretary shall, 
     subject to the availability of appropriations for such 
     purpose and in accordance with subsection (c), increase 
     annually by not less than 1,000, the total number of full-
     time, active-duty Customs and Border Protection Officers 
     within U.S. Customs and Border Protection for posting at 
     United States ports of entry over the number of such Officers 
     authorized on the last day of the previous fiscal year.
       (b) Border Security Support Personnel.--For each of the 
     fiscal years 2009 through 2011, the Secretary shall, subject 
     to the availability of appropriations for such purpose, 
     increase annually by not less than a total of 171, the number 
     of full-time border security support personnel assigned to 
     United States ports of entry over the number of such support 
     personnel authorized on the last day of the previous fiscal 
     year.
       (c) Workforce Staffing Model.--
       (1) In general.--Not later than December 31, 2008, and 
     every 2 years thereafter, the Secretary shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives a workforce staffing model--
       (A) detailing the optimal level of staffing required to 
     carry out the responsibilities of U.S. Customs and Border 
     Protection; and
       (B) describing the process through which U.S. Customs and 
     Border Protection makes workforce allocation decisions.
       (2) Review by government accountability office.--Not later 
     than 45 days after the date on which the Secretary submits 
     the workforce staffing model under paragraph (1), the 
     Comptroller General of the United States shall review and 
     submit an assessment of the workforce staffing model to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives.
       (d) Authorization of Appropriations for Additional 
     Personnel.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary for the purpose of meeting the staffing 
     requirements provided for in subsections (a) and (b) such 
     sums as are necessary.
       (2) Supplement not supplant.--Amounts appropriated pursuant 
     to paragraph (1) shall supplement and not supplant any other 
     amounts authorized to be appropriated to U.S. Customs and 
     Border Protection for staffing.

     SEC. 802. CUSTOMS AND BORDER PROTECTION OFFICER TRAINING.

       (a) Ensuring Customs and Border Protection Officer 
     Training.--The Commissioner responsible for U.S. Customs and 
     Border Protection (in this section referred to as the 
     ``Commissioner'') shall incorporate into an existing database 
     or develop a database system, by June 30, 2009, that 
     identifies for each Customs and Border Protection Officer--
       (1) the assigned port placement location;
       (2) the specific assignment and responsibilities;
       (3) the required initial training courses completed;
       (4) the required ongoing training courses available and 
     completed;
       (5) for each training course completed, the method by which 
     the training was delivered (classroom, internet/computer, on-
     the-job, CD-ROM);

[[Page S9700]]

       (6) for each training course, the time allocated during on-
     duty hours within which training must be completed;
       (7) for each training course offered, the duration of 
     training and the amount of time an employee must be absent 
     from work to complete the training;
       (8) if training has been postponed, the basis for 
     postponing training;
       (9) the date training was completed;
       (10) certification or evidence of completion of each 
     training course; and
       (11) certification by a supervising officer that the 
     Officer is able to carry out the function for which the 
     training was provided.
       (b) Identifying and Enhancing On-the-Job Training.--Not 
     later than June 30, 2009, the Commissioner shall--
       (1) review the mission and responsibilities of Customs and 
     Border Protection Officers carried out at air, land, and sea 
     ports of entry in both primary and secondary inspections 
     areas;
       (2) develop an inventory of specific tasks that must be 
     performed by Customs and Border Protection Officers 
     throughout the entire inspection process at ports of entry, 
     including tasks to be performed in primary and secondary 
     inspections areas;
       (3) ensure that on-the-job training includes supervised and 
     evaluated performance of those tasks identified in paragraph 
     (2) or a supervised and evaluated practical training exercise 
     that simulates the on-the-job experience; and
       (4) develop criteria to measure officer proficiency in 
     performing those tasks identified in paragraph (2) and for 
     providing feedback to officers on a regular basis.
       (c) Use of Data.--The Commissioner shall use the 
     information developed under subsection (a) and subsection 
     (b)(2) to--
       (1) develop specific training requirements for Customs and 
     Border Protection Officers to ensure that Officers have 
     sufficient training to conduct primary and secondary 
     inspections at land, air, and sea ports of entry;
       (2) measure progress toward achieving those training 
     requirements; and
       (3) make staffing allocation decisions.
       (d) Competency.--Supervisors of on-the-job training shall--
       (1) attest to the competency of Customs and Border 
     Protection Officers to carry out the functions for which the 
     Officers received training; and
       (2) provide feedback to the Officers on performance.

     SEC. 803. MOBILE ENROLLMENT TEAMS PILOT PROJECT.

       Section 7209(b) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (8 U.S.C. 1185 note) is amended by 
     adding at the end the following:
       ``(3) Mobile enrollment teams.--
       ``(A) In general.--
       ``(i) Establishment.--Not later than November 1, 2008, the 
     Secretary of Homeland Security, in conjunction with the 
     Secretary of State, shall establish 20 temporary mobile 
     enrollment teams along the international borders to assist 
     United States citizens in applying for passport cards and 
     passports. Not more than a total of 40 personnel shall be 
     assigned to participate on the teams.
       ``(ii) Authorization of appropriations for additional 
     personnel.--

       ``(I) In general.--There are authorized to be appropriated 
     to the Secretary of Homeland Security for the purpose of 
     meeting the staffing requirements under this paragraph such 
     sums as may be necessary.
       ``(II) Supplement not supplant.--Amounts appropriated 
     pursuant to subclause (I) shall supplement and not supplant 
     any other amounts authorized to be appropriated to the U.S. 
     Customs and Border Protection for staffing.

       ``(B) Deployment.--Enrollment teams established under 
     subparagraph (A) shall be deployed to communities in each 
     State that has a land or maritime border with Canada or 
     Mexico. In allocating teams among the States, consideration 
     shall be given to the number of passport acceptance 
     facilities in the State and the length of the international 
     border of the State.
       ``(C) Coordination; outreach.--In deploying enrollment 
     teams under subparagraph (B), the Secretary shall--
       ``(i) implement this provision in conjunction with the 
     Secretary of State;
       ``(ii) develop an awareness and outreach campaign for the 
     mobile enrollment program; and
       ``(iii) coordinate with Federal, State, and local 
     government officials in strategic locations along the 
     northern and southern international borders to temporarily 
     secure suitable space to conduct enrollments.
       ``(D) Fees.--
       ``(i) Execution fees.--Notwithstanding any other provision 
     of law, the Secretary of Homeland Security and the Secretary 
     of State may not charge an execution fee for a passport or a 
     passport card obtained through a mobile enrollment team 
     established under this paragraph.
       ``(ii) Application fees.--The Secretary of State may charge 
     an application fee for a passport card obtained through a 
     mobile enrollment team in an amount not to exceed--

       ``(I) $20 for individuals who are 16 years of age or older; 
     and
       ``(II) $10 for individuals who are younger than 16 years of 
     age.

       ``(E) Report.--Not later than November 1, 2008, the 
     Secretary of Homeland Security shall submit a report to the 
     appropriate congressional committees that describes--
       ``(i) the status of the implementation of the mobile 
     enrollment team pilot project;
       ``(ii) the number and location of the enrollment teams that 
     have been deployed; and
       ``(iii) the amount of Federal appropriations needed to 
     expand the number of mobile enrollment teams.
       ``(F) Sunset.--The mobile enrollment team pilot project 
     established under this paragraph shall terminate on July 1, 
     2010.''.

     SEC. 804. FEDERAL-STATE BORDER SECURITY COOPERATION.

       (a) In General.--Title XX of the Homeland Security Act of 
     2002 (6 U.S.C. 601 et seq.) is amended by adding at the end 
     the following:

                   ``Subtitle C--Other Grant Programs

     ``SEC. 2041. BORDER SECURITY ASSISTANCE PROGRAM.

       ``(a) Border Security Task Forces.--The Commissioner 
     responsible for U.S. Customs and Border Protection (in this 
     section referred to as the `Commissioner'), in conjunction 
     with appropriate State, local, and tribal officials, may 
     establish State or regional task forces to facilitate the 
     coordination of the activities of State, local, or tribal law 
     enforcement and other officials with Federal efforts to 
     enhance the Nation's border security.
       ``(b) Financial Assistance.--
       ``(1) In general.--In support of the task forces authorized 
     under subsection (a), the Secretary, through the 
     Administrator, and in consultation with the Commissioner, is 
     authorized to make grants to States to facilitate and enhance 
     State, local, and tribal participation in border security 
     efforts.
       ``(2) Eligibility.--A State is eligible to apply for a 
     grant under this section if--
       ``(A) the State is located on the international border 
     between the United States and Mexico or the United States and 
     Canada; and
       ``(B) the State, local, or tribal governments within the 
     State, participate in a task force described in subsection 
     (a).
       ``(3) Availability of funds to local and tribal 
     governments.--Not later than 45 days after receiving grant 
     funds, any State that receives a grant under this section 
     shall obligate or otherwise make available to local and 
     tribal governments--
       ``(A) not less than 80 percent of the grant funds;
       ``(B) with the consent of local and tribal governments, 
     eligible expenditures having a value of not less than 80 
     percent of the amount of the grant; or
       ``(C) with the consent of local and tribal governments, 
     grant funds combined with other eligible expenditures having 
     a total value of not less than 80 percent of the amount of 
     the grant.
       ``(4) Limitations on use of funds.--Funds provided under 
     this section may not be used--
       ``(A) to supplant State, local, or tribal government funds;
       ``(B) to pay salaries and benefits for personnel, other 
     than overtime expenses;
       ``(C) to purchase vehicles, vessels or aircraft; and
       ``(D) to construct and renovate buildings or other physical 
     facilities.
       ``(5) Prioritization.--In allocating funds among eligible 
     States applying for grants under this section, the 
     Administrator shall consider for each eligible State--
       ``(A) the relative threat, vulnerability, and consequences 
     from acts of terrorism to that State, including consideration 
     of--
       ``(i) the most current threat assessments available to the 
     Department relevant to the border of that State;
       ``(ii) the length of the international border of that 
     State; and
       ``(iii) such other factors as the Administrator may 
     provide; and
       ``(B) the anticipated effectiveness of the proposed use of 
     the grant by the State to enhance border security 
     capabilities.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated for grants under this section 
     $20,000,000 for each of the fiscal years 2009 through 
     2013.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is amended by inserting after the item 
     relating to section 2022 the following:

                   ``Subtitle C--Other Grant Programs

``Sec. 2041. Border security assistance program.''.

   Subtitle B--Customs and Border Protection Agriculture Specialists

     SEC. 811. SENSE OF THE SENATE.

       It is the sense of the Senate that--
       (1) agriculture specialists in U.S. Customs and Border 
     Protection at the Department serve a critical role in 
     protecting the United States from both the unintentional and 
     the intentional introduction of diseases or pests that 
     threaten the economy and human health of the United States 
     through--
       (A) applying advanced scientific education and expertise to 
     the examination of foreign agriculture products;
       (B) identifying and intercepting harmful pests and plant 
     and animal diseases; and
       (C) seizing and destroying infested products that would 
     result in harm to the United States;
       (2) customs and border protection agriculture specialists 
     enhance the security of the United States and are an integral 
     part of the border protection force of the Department by 
     working synergistically and sharing information with others 
     in the Department who are responsible for protecting the 
     borders and keeping dangerous people and things out of the 
     United States; and

[[Page S9701]]

       (3) there should be continued and additional support for 
     customs and border protection agriculture specialists and 
     their unique mission.

     SEC. 812. INCREASE IN NUMBER OF U.S. CUSTOMS AND BORDER 
                   PROTECTION AGRICULTURE SPECIALISTS.

       (a) In General.--Subject to the availability of 
     appropriations, the Secretary shall increase the number of 
     full-time customs and border protection agriculture 
     specialists for United States ports of entry by not fewer 
     than 195 each fiscal year, for fiscal years 2009 through 
     2013, over the number of customs and border protection 
     agriculture specialists authorized on the last day of the 
     previous fiscal year.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Department for the purpose of 
     increasing the number of customs and border protection 
     agriculture specialists such sums as necessary for fiscal 
     years 2009 through 2013.

     SEC. 813. AGRICULTURE SPECIALIST CAREER TRACK.

       (a) In General.--The Secretary, acting through the 
     Commissioner responsible for U.S. Customs and Border 
     Protection--
       (1) shall ensure that appropriate career paths for customs 
     and border protection agriculture specialists are identified, 
     including the education, training, experience, and 
     assignments necessary for career progression within U.S. 
     Customs and Border Protection;
       (2) shall publish information on the career paths described 
     in paragraph (1); and
       (3) may establish criteria by which appropriately qualified 
     U.S. Customs and Border Protection technicians may be 
     promoted to customs and border protection agriculture 
     specialists.
       (b) Education, Training, and Experience.--The Secretary, 
     acting through the Commissioner responsible for U.S. Customs 
     and Border Protection, shall ensure that all customs and 
     border protection agriculture specialists are provided the 
     opportunity to acquire the education, training, and 
     experience necessary to qualify for promotion within U.S. 
     Customs and Border Protection.

     SEC. 814. AGRICULTURE SPECIALIST RECRUITMENT AND RETENTION.

       Not later than 270 days after the date of enactment of this 
     Act, the Secretary, acting through the Commissioner 
     responsible for U.S. Customs and Border Protection, shall 
     develop a plan for more effective recruitment and retention 
     of qualified customs and border protection agriculture 
     specialists, including numerical goals for increased 
     recruitment and retention and the use of bonuses and other 
     incentives where appropriate and permissible under existing 
     laws and regulations.

     SEC. 815. RETIREMENT PROVISIONS FOR AGRICULTURE SPECIALISTS 
                   AND SEIZED PROPERTY SPECIALISTS.

       (a) Amendments Relating to the Civil Service Retirement 
     System.--
       (1) Definitions.--Section 8331 of title 5, United States 
     Code, is amended--
       (A) by striking ``and'' at the end of paragraph (30);
       (B) by striking the period at the end of paragraph (31) and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(32) `customs and border protection agriculture 
     specialist' means an employee in the Department of Homeland 
     Security--
       ``(A) who holds a position within the GS-0401 job series 
     (determined by applying the criteria in effect as of 
     September 1, 2008) or any successor position; and
       ``(B) whose duties include activities relating to 
     preventing the introduction of harmful pests, plant and 
     animal diseases, and other biological threats at ports of 
     entry, including any such employee who is transferred 
     directly to a supervisory or administrative position in the 
     Department of Homeland Security after performing such duties 
     in 1 or more positions (as described in subparagraph (A)) for 
     at least 3 years;
       ``(33) `customs and border protection seized property 
     specialist' means an employee in the Department of Homeland 
     Security--
       ``(A) who holds a position within the GS-1801 job series 
     (determined by applying the criteria in effect as of 
     September 1, 2008) or any successor position; and
       ``(B) whose duties include activities relating to the 
     efficient and effective custody, management, and disposition 
     of seized or forfeited property, including any such employee 
     who is transferred directly to a supervisory or 
     administrative position in the Department of Homeland 
     Security after performing such duties in 1 or more positions 
     (as described in subparagraph (A)) for at least 3 years; 
     and''.
       (2) Deductions, contributions, and deposits.--Section 8334 
     of title 5, United States Code, is amended--
       (A) in subsection (a)(1)(A), by striking ``or customs and 
     border protection officer,'' and inserting ``or customs and 
     border protection officer, customs and border protection 
     agriculture specialist, or customs and border protection 
     seized property specialist''; and
       (B) in the table contained in subsection (c), by adding at 
     the end the following:


 
 
 
``Customs and border protection      7.5  After April 1, 2009.''.
 agriculture specialist and
 customs and border protection
 seized property specialist
 

       (3) Mandatory separation.--The first sentence of section 
     8335(b)(1) of title 5, United States Code, is amended by 
     striking ``or customs and border protection officer'' and 
     inserting ``or customs and border protection officer, customs 
     and border protection agriculture specialist, or customs and 
     border protection seized property specialist''.
       (4) Immediate retirement.--Section 8336 of title 5, United 
     States Code, is amended--
       (A) in subsection (c)(1), by striking ``or customs and 
     border protection officer'' and inserting ``or customs and 
     border protection officer, customs and border protection 
     agriculture specialist, or customs and border protection 
     seized property specialist''; and
       (B) in subsections (m) and (n), by striking ``or as a 
     customs and border protection officer'' and inserting ``or as 
     a customs and border protection officer, customs and border 
     protection agriculture specialist, or customs and border 
     protection seized property specialist''.
       (b) Amendments Relating to the Federal Employees' 
     Retirement System.--
       (1) Definitions.--Section 8401 of title 5, United States 
     Code, is amended--
       (A) in paragraph (35), by striking ``and'' at the end;
       (B) in paragraph (36), by striking the period and inserting 
     a semicolon; and
       (C) by adding at the end the following:
       ``(37) `customs and border protection agriculture 
     specialist' means an employee in the Department of Homeland 
     Security--
       ``(A) who holds a position within the GS-0401 job series 
     (determined by applying the criteria in effect as of 
     September 1, 2008) or any successor position; and
       ``(B) whose duties include activities relating to 
     preventing the introduction of harmful pests, plant and 
     animal diseases, and other biological threats at ports of 
     entry, including any such employee who is transferred 
     directly to a supervisory or administrative position in the 
     Department of Homeland Security after performing such duties 
     (as described in subparagraph (B)) in 1 or more positions (as 
     described in subparagraph (A)) for at least 3 years;
       ``(38) `customs and border protection seized property 
     specialist' means an employee in the Department of Homeland 
     Security--
       ``(A) who holds a position within the GS-1801 job series 
     (determined by applying the criteria in effect as of 
     September 1, 2008) or any successor position; and
       ``(B) whose duties include activities relating to the 
     efficient and effective custody, management, and disposition 
     of seized or forfeited property, including any such employee 
     who is transferred directly to a supervisory or 
     administrative position in the Department of Homeland 
     Security after performing such duties (as described in 
     subparagraph (B)) in 1 or more positions (as described in 
     subparagraph (A)) for at least 3 years; and''.
       (2) Immediate retirement.--Paragraphs (1) and (2) of 
     section 8412(d) of title 5, United States Code, are amended 
     by striking ``or customs and border protection officer'' and 
     inserting ``or customs and border protection officer, customs 
     and border protection agriculture specialist, or customs and 
     border protection seized property specialist''.
       (3) Computation of basic annuity.--Section 8415(h)(2) of 
     title 5, United States Code, is amended by striking ``or 
     customs and border protection officer''; and inserting ``or 
     customs and border protection officer, customs and border 
     protection agriculture specialist, or customs and border 
     protection seized property specialist''.
       (4) Deductions from pay.--The table contained in section 
     8422(a)(3) of title 5, United States Code, is amended by 
     adding at the end the following:


 
 
 
Customs and border protection        7.5  After April 1, 2009.
 agriculture specialist and
 customs and border protection
 seized property specialist
 

       (5) Government contributions.--Paragraphs (1)(B)(i) and (3) 
     of section 8423(a) of title 5, United States Code, are 
     amended by inserting ``customs and border protection 
     agriculture specialists, and customs and border protection 
     seized property specialists'' after ``customs and border 
     protection officers,'' each place it appears.
       (6) Mandatory separation.--Section 8425(b)(1) of title 5, 
     United States Code, is amended--
       (A) by striking ``or customs and border protection officer 
     who'' and inserting ``or customs and border protection 
     officer, customs and border protection agriculture 
     specialist, or customs and border protection seized property 
     specialist who''; and
       (B) by striking ``or customs and border protection officer 
     as the case may be'' and inserting ``or customs and border 
     protection officer, customs and border protection agriculture 
     specialist, or customs and border protection seized property 
     specialist as the case may be''.
       (c) Maximum Age for Original Appointment.--Section 3307(g) 
     of title 5, United States Code, is amended by striking 
     ``customs and border protection officer, as defined by 
     section 8401(36)'' and inserting ``customs and border 
     protection officer, customs and border protection agriculture 
     specialist, and customs and border protection seized property 
     specialist, as defined by section 8401 (36), (37), and (38), 
     respectively''.
       (d) Regulations.--Any regulations necessary to carry out 
     the amendments made by

[[Page S9702]]

     this section shall be prescribed by the Director of the 
     Office of Personnel Management in consultation with the 
     Secretary.
       (e) Effective Date; Transition Rules.--
       (1) Effective date.--The amendments made by this section 
     shall become effective on the first day of the first pay 
     period beginning at least 6 months after the date of the 
     enactment of this Act.
       (2) Transition rules.--
       (A) Nonapplicability of mandatory separation provisions to 
     certain individuals.--The amendments made by subsections 
     (a)(3) and (b)(6), respectively, shall not apply to an 
     individual first appointed as a customs and border protection 
     agriculture specialist or customs and border protection 
     seized property officer before the effective date under 
     paragraph (1).
       (B) Treatment of prior service.--
       (i) General rule.--Except as provided in clause (ii), 
     nothing in this section or any amendment made by this section 
     shall be considered to apply with respect to any service 
     performed as a customs and border protection agriculture 
     specialist or customs and border protection seized property 
     specialist before the effective date under paragraph (1).
       (ii) Exceptions.--

       (I) Service described in section 8331(32) or 8401(37) of 
     title 5, United States Code (as amended by this section) 
     rendered before the effective date under paragraph (1) may be 
     taken into account to determine if an individual who is 
     serving on or after such effective date then qualifies as a 
     customs and border protection agriculture specialist by 
     virtue of holding a supervisory or administrative position in 
     the Department.
       (II) Service described in section 8331(33) or 8401(38) of 
     title 5, United States Code (as amended by this section) 
     rendered before the effective date under paragraph (1) may be 
     taken into account to determine if an individual who is 
     serving on or after such effective date then qualifies as a 
     customs and border protection agriculture specialist by 
     virtue of holding a supervisory or administrative position in 
     the Department.

       (C) Minimum annuity amount.--The annuity of an individual 
     serving as a customs and border protection agriculture 
     specialist or customs and border protection seized property 
     specialist on the effective date under paragraph (1) pursuant 
     to an appointment made before that date shall, to the extent 
     that its computation is based on service rendered as a 
     customs and border protection agriculture specialist or 
     customs and border protection seized property specialist, 
     respectively, on or after that date, be at least equal to the 
     amount that would be payable--
       (i) to the extent that such service is subject to the Civil 
     Service Retirement System, by applying section 8339(d) of 
     title 5, United States Code, with respect to such service; 
     and
       (ii) to the extent such service is subject to the Federal 
     Employees Retirement System, by applying section 8415(d) of 
     title 5, United States Code, with respect to such service.
       (D) Rule of construction.--Nothing in the amendment made by 
     subsection (c) shall be considered to apply with respect to 
     any appointment made before the effective date under 
     paragraph (1).
       (3) Election.--
       (A) Incumbent defined.--For purposes of this paragraph, the 
     term ``incumbent'' means an individual who is serving as a 
     customs and border protection agriculture specialist or 
     customs and border protection seized property specialist on 
     the date of the enactment of this Act.
       (B) Notice requirement.--Not later than 30 days after the 
     date of the enactment of this Act, the Director of the Office 
     of Personnel Management shall take measures reasonably 
     designed to ensure that incumbents are notified as to their 
     election rights under this paragraph, and the effect of 
     making or not making a timely election.
       (C) Election available to incumbents.--
       (i) In general.--An incumbent may elect, for all purposes, 
     either--

       (I) to be treated in accordance with the amendments made by 
     subsection (a) or (b), as applicable; or
       (II) to be treated as if subsections (a) and (b) had never 
     been enacted.

     Failure to make a timely election under this paragraph shall 
     be treated in the same way as an election made under 
     subclause (I) on the last day allowable under clause (ii).
       (ii) Deadline.--An election under this paragraph shall not 
     be effective unless it is made at least 14 days before the 
     effective date under paragraph (1).
       (4) Definitions.--For purposes of this subsection--
       (A) the term ``customs and border protection agriculture 
     specialist'' has the meaning given such term by section 
     8331(32) or 8401(37) of title 5, United States Code (as 
     amended by this section).
       (B) the term ``customs and border protection seized 
     property specialist'' has the meaning given such term by 
     section 8331(33) or 8401(38) of title 5, United States Code 
     (as amended by this section).
       (5) Exclusion.--Nothing in this section or any amendment 
     made by this section shall be considered to afford any 
     election or to otherwise apply with respect to any individual 
     who, as of the day before the date of the enactment of this 
     Act--
       (A) holds a position within U.S. Customs and Border 
     Protection; and
       (B) is considered a law enforcement officer for purposes of 
     subchapter III of chapter 83 or chapter 84 of title 5, United 
     States Code, by virtue of such position.

     SEC. 816. EQUIPMENT SUPPORT.

       Not later than 90 days after the date of enactment of this 
     Act, the Commissioner responsible for U.S. Customs and Border 
     Protection shall--
       (1) determine the minimum equipment and other resources at 
     U.S. Customs and Border Protection agriculture inspection 
     stations and facilities that are necessary for customs and 
     border protection agriculture specialists to carry out their 
     mission fully and effectively;
       (2) complete an inventory of the equipment and other 
     resources available at each U.S. Customs and Border 
     Protection agriculture inspection station and facility;
       (3) identify the gaps between the necessary level of 
     equipment and other resources and those available at 
     agriculture inspection stations and facilities; and
       (4) develop a plan to address any gaps identified under 
     paragraph (3).

     SEC. 817. REPORTS.

       (a) Implementation of Action Plans and Equipment Support.--
     Not later than 90 days after the date of enactment of this 
     Act, the Secretary, acting through the Commissioner 
     responsible for U.S. Customs and Border Protection, shall 
     submit to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives a report on--
       (1) the status of the implementation of action plans 
     developed by the Animal and Plant Health Inspection Service-
     U.S. Customs and Border Protection Joint Task Force on 
     Improved Agriculture Inspection;
       (2) the findings of the Commissioner under section 816; and
       (3) the plan described in section 816(4).
       (b) Implementation of Subtitle.--Not later than 1 year 
     after the date of enactment of this Act, the Secretary, 
     acting through the Commissioner responsible for U.S. Customs 
     and Border Protection, shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives a report on--
       (1) the implementation of the requirements of this subtitle 
     not addressed in the report required under subsection (a); 
     and
       (2) any additional legal authority believed necessary to 
     carry out the Department's agriculture inspection mission 
     effectively.

             TITLE IX--PREPAREDNESS AND RESPONSE PROVISIONS

     SEC. 901. NATIONAL PLANNING.

       Title V of the Homeland Security Act of 2002 (6 U.S.C. 311) 
     is amended by adding at the end the following:

     ``SEC. 525. NATIONAL PLANNING.

       ``(a) Definitions.--In this section--
       ``(1) the term `operations plan' means a plan that--
       ``(A) identifies the resource, personnel, and asset 
     allocations necessary to execute the objectives of a 
     strategic plan and turn strategic priorities into operational 
     execution; and
       ``(B) contains a full description of specific roles, 
     responsibilities, tasks, integration, and actions required 
     under the plan; and
       ``(2) the term `strategic plan' means a plan that--
       ``(A) outlines strategic priorities and broad national 
     strategic objectives, and describes intended outcomes; and
       ``(B) defines the mission, identifies authorities, 
     delineates roles, responsibilities, and essential tasks, and 
     determines and prioritizes required capabilities.
       ``(b) National Planning System.--The President, through the 
     Secretary and the Administrator, in conjunction with the 
     heads of appropriate Federal departments and agencies, and in 
     consultation with the National Advisory Council established 
     under section 508, shall develop a national planning system 
     that--
       ``(1) provides common processes across Federal departments 
     and agencies for developing plans to prevent, prepare for, 
     protect against, respond to, and recover from natural 
     disasters, acts of terrorism, and other man-made disasters;
       ``(2) includes a process for modifying plans described 
     under paragraph (1) to reflect developments in risk, 
     capabilities, or policies and incorporate lessons learned 
     from exercises and events;
       ``(3) provides for the development of--
       ``(A) strategic guidance that outlines broad national 
     strategic objectives and priorities and is intended to guide 
     the development of strategic and operations plans;
       ``(B) strategic plans to address those hazards that pose 
     the greatest risk, including natural disasters, acts of 
     terrorism, and other man-made disasters, and, where 
     appropriate, the national planning scenarios prescribed in 
     section 645 of the Post-Katrina Emergency Management Reform 
     Act of 2006 (6 U.S.C. 745); and
       ``(C) operations plans by all relevant Federal departments 
     and agencies, including operations plans required under 
     section 653(b) of the Post-Katrina Emergency Management 
     Reform Act of 2006 (6 U.S.C. 753(b)) and such other 
     operations plans as necessary for the execution of the roles 
     and responsibilities identified by such strategic plans; and
       ``(D) such other plans as the Secretary determines 
     necessary;
       ``(4) includes practical planning instruction and planning 
     templates that may be voluntarily used or adapted by State, 
     local, and tribal governments, in order to promote consistent 
     planning for all hazards, including

[[Page S9703]]

     natural disasters, acts of terrorism, and other man-made 
     disasters, across Federal, State, local, and tribal 
     governments; and
       ``(5) includes processes for linking Federal plans with 
     those of State, local, and tribal governments.
       ``(c) State, Local, and Tribal Planning.--The Secretary, 
     through the Administrator, shall--
       ``(1) promote the planning system developed under 
     subsection (b) to State and local governments and provide 
     assistance, as appropriate, with the development of plans to 
     prevent, prepare for, protect against, respond to, and 
     recover from all hazards, including natural disasters, acts 
     of terrorism and other man-made disasters; and
       ``(2) develop a means by which strategic and operations 
     plans developed by State, local, and tribal governments and 
     Federal strategic and operations plans developed under the 
     national planning system required under subsection (b), may 
     be coordinated and aligned.
       ``(d) Report.--Not later than 1 year after the date of 
     enactment of this section, and every year thereafter until 
     the date that is 11 years after such date of enactment, the 
     Secretary shall submit to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives a report 
     on--
       ``(1) the status of the national planning system required 
     under subsections (b), and a document describing the system;
       ``(2) the status of strategic guidance and strategic and 
     operations plans and other plans developed under the national 
     planning system;
       ``(3) the current ability of Federal departments and 
     agencies to execute the plans developed under the national 
     planning system and any additional resources required to 
     enable execution of such plans; and
       ``(4) the extent to which State, local, and tribal planning 
     efforts and Federal planning efforts are being 
     coordinated.''.

     SEC. 902. PREDISASTER HAZARD MITIGATION.

       (a) In General.--
       (1) 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; and
       ``(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.''.
       (2) 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) $220,000,000 for fiscal year 2010;
       ``(3) $230,000,000 for fiscal year 2011;
       ``(4) $240,000,000 for fiscal year 2012; and
       ``(5) $250,000,000 for fiscal year 2013.''.
       (b) 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 204(b) (42 U.S.C. 5134(b)), by striking 
     ``Director'' and inserting ``Administrator'';
       (2) in section 303(b) (42 U.S.C. 5144(b)), by striking 
     ``Director'' each place it appears and inserting 
     ``Administrator'';
       (3) in section 326(c)(3) (42 U.S.C. 5165d(c)(3)), by 
     striking ``Director'' and inserting ``Administrator'';
       (4) in section 404(b) (42 U.S.C. 5170c(b)), by striking 
     ``Director'' each place it appears and inserting 
     ``Administrator'';
       (5) in section 406 (42 U.S.C. 5172), by striking 
     ``Director'' each place it appears and inserting 
     ``Administrator'';
       (6) in section 602(a) (42 U.S.C. 5195a(a))--
       (A) in paragraph (4), by striking ``Director'' and 
     inserting ``Administrator''; and
       (B) by striking paragraph (7) and inserting the following:
       ``(7) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Emergency Management Agency.'';
       (7) in sections 603 through 613 (42 U.S.C. 5195b et seq.), 
     by striking ``Director'' each place it appears and inserting 
     ``Administrator'';
       (8) in sections 616 and 621 (42 U.S.C. 5196f and 5197), by 
     striking ``Director'' each place it appears and inserting 
     ``Administrator'';
       (9) in section 622 (42 U.S.C. 5197a)--
       (A) in subsection (a), by striking ``Director'' each place 
     it appears and inserting ``Administrator'';
       (B) in subsection (b), by striking ``Director'' and 
     inserting ``Administrator''; and
       (C) in subsection (c)--
       (i) by striking ``Director'' the first place it appears and 
     inserting ``Administrator''; and
       (ii) by striking ``Director of the Federal Emergency 
     Management Agency'' each place it appears and inserting 
     ``Administrator'';
       (10) in sections 623 and 624 (42 U.S.C. 5197b and 5197c), 
     by striking ``Director'' each place it appears and inserting 
     ``Administrator''; and
       (11) in section 629 (42 U.S.C. 5197h), by striking 
     ``Director'' each place it appears and inserting 
     ``Administrator''.
       (c) Program Eligibility.--Section 203(e) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5133(e)) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following:
       ``(2) Flood control projects.--
       ``(A) In general.--A State may use not more than 25 percent 
     of the financial assistance under this section made available 
     to the State in a fiscal year (including any such financial 
     assistance made available to local governments of the State) 
     for flood control projects.
       ``(B) Definition.--In this paragraph, the term `flood 
     control project'--
       ``(i) means--

       ``(I) a project relating to the construction, demolition, 
     repair, or improvement of a dam, dike, levee, floodwall, 
     seawall, groin, jetty, or breakwater;
       ``(II) a waterway channelization; or
       ``(III) an erosion project relating to beach nourishment or 
     renourishment; and

       ``(ii) does not include any project the maintenance of 
     which is the responsibility of a Federal department or 
     agency, including the Corps of Engineers.''.

     SEC. 903. COMMUNITY PREPAREDNESS.

       Title V of the Homeland Security Act of 2002 (6 U.S.C. 
     311), as amended by section 901 of this Act, is amended by 
     adding at the end the following:

     ``SEC. 526. COMMUNITY PREPAREDNESS.

       ``(a) In General.--The Administrator shall assist State, 
     local, and tribal governments in enhancing and promoting the 
     preparedness of individuals and communities for natural 
     disasters, acts of terrorism, and other man-made disasters.
       ``(b) Coordination.--Where appropriate, the Administrator 
     shall coordinate with private sector and nongovernmental 
     organizations to promote community preparedness.
       ``(c) Director.--The Administrator shall appoint a Director 
     of Community Preparedness to coordinate and oversee the 
     Agency's community preparedness activities.''.

     SEC. 904. METROPOLITAN MEDICAL RESPONSE SYSTEM.

       (a) In General.--Title XX of the Homeland Security Act of 
     2002 (6 U.S.C. 311 et seq.), as amended by section 804 of 
     this Act, is amended by adding at the end the following:

     ``SEC. 2042. METROPOLITAN MEDICAL RESPONSE SYSTEM.

       ``(a) In General.--There is in the Department a 
     Metropolitan Medical Response System, which shall assist 
     State, local, and tribal governments in preparing for and 
     responding to mass casualty incidents resulting from natural 
     disasters, acts of terrorism and other man-made disasters.
       ``(b) Financial Assistance.--
       ``(1) Authorization of grants.--
       ``(A) In general.--The Secretary, through the 
     Administrator, may make grants under this section to State, 
     local, and tribal governments to assist in preparing for and 
     responding to mass casualty incidents resulting from natural 
     disasters, acts of terrorism, and other man-made disasters.
       ``(B) Consultation.--In developing guidance for grants 
     authorized under this section, the Administrator shall 
     consult with the Chief Medical Officer.
       ``(2) Use of funds.--
       ``(A) In general.--A grant made under this section may be 
     used in support of public health and medical preparedness, 
     including--
       ``(i) medical surge capacity;
       ``(ii) mass prophylaxis;
       ``(iii) chemical, biological, radiological, nuclear, and 
     explosive detection, response, and decontamination 
     capabilities;
       ``(iv) mass triage;
       ``(v) planning;
       ``(vi) information sharing and collaboration capabilities;
       ``(vii) medicinal stockpiling;
       ``(viii) fatality management;
       ``(ix) training and exercises;
       ``(x) integration and coordination of the activities and 
     capabilities of public health personnel and medical care 
     providers with those of other emergency response providers as 
     well as private sector and nonprofit organizations; and
       ``(xi) such other activities as the Administrator may 
     provide.
       ``(3) Eligibility.--
       ``(A) In general.--Any jurisdiction that received funds 
     through the Metropolitan Medical Response System in fiscal 
     year 2008 shall be eligible to receive a grant under this 
     section.
       ``(B) Additional jurisdictions.--
       ``(i) Unrepresented states.--

       ``(I) In general.--For any State in which no jurisdiction 
     received funds through the Metropolitan Medical Response 
     System in fiscal year 2008, or in which funding was received 
     only through another State, the metropolitan statistical area 
     in such State with the largest population shall be eligible 
     to receive a grant under this section.
       ``(II) Limitation.--For each of fiscal years 2009 through 
     2011, no jurisdiction that would

[[Page S9704]]

     otherwise be eligible to receive grants under subclause (I) 
     shall receive a grant under this section if it would result 
     in any jurisdiction under subparagraph (A) receiving less 
     funding than such jurisdiction received in fiscal year 2008.

       ``(ii) Other jurisdictions.--

       ``(I) In general.--The Administrator, at the discretion of 
     the Administrator, may determine that additional 
     jurisdictions are eligible to receive grants under this 
     section.
       ``(II) Limitation.--For each of fiscal years 2009 through 
     2011, the eligibility of any additional jurisdiction to 
     receive grants under this section is subject to the 
     availability of appropriations beyond that necessary to--

       ``(aa) ensure that each jurisdiction eligible to receive a 
     grant under subparagraph (A) does not receive less funding 
     than such jurisdiction received in fiscal year 2008; and
       ``(bb) provide grants to jurisdictions eligible under 
     clause (i).
       ``(C) Regional coordination.--The Administrator shall 
     ensure that each recipient of a grant under this section, as 
     a condition of receiving such grant, is actively coordinating 
     its preparedness efforts with surrounding jurisdictions, with 
     the government of the State in which the jurisdiction is 
     located, and with emergency response providers from all 
     relevant disciplines, to effectively enhance regional 
     preparedness.
       ``(4) Distribution of funds.--
       ``(A) Allocation.--For each fiscal year, the Administrator 
     shall allocate funds for grants under this section among 
     eligible jurisdictions in the same manner that such 
     allocations were made in fiscal year 2008.
       ``(B) State distribution of funds.--
       ``(i) In general.--The Administrator shall distribute grant 
     funds under this section to the State in which the 
     jurisdiction receiving a grant under this section is located.
       ``(ii) Pass through.--Subject to clause (iii), not later 
     than 45 days after the date on which a State receives grant 
     funds under clause (i), the State shall provide the 
     jurisdiction receiving the grant 100 percent of the grant 
     funds.
       ``(iii) Exception.--The Administrator, in the discretion of 
     the Administrator, may permit a State to provide to a 
     jurisdiction receiving a grant under this section 90 percent 
     of the grant funds awarded if doing so would not result in 
     any jurisdiction eligible for a grant under paragraph (3)(A) 
     receiving less funding than such jurisdiction received in 
     fiscal year 2008.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out the program--
       ``(1) $75,000,000 for each of fiscal years 2009 through 
     2013; and
       ``(2) such sums as may be necessary for each of fiscal 
     years 2014 and 2015.''.
       (b) Program Review.--
       (1) In general.--The Administrator and the Chief Medical 
     Officer shall conduct a review of the Metropolitan Medical 
     Response System authorized under section 2042 of the Homeland 
     Security Act of 2002, as added by subsection (a), including 
     an examination of--
       (A) the goals and objectives of the Metropolitan Medical 
     Response System;
       (B) the extent to which the goals and objectives are being 
     met;
       (C) the performance metrics that can best help assess 
     whether the Metropolitan Medical Response System is 
     succeeding;
       (D) how the Metropolitan Medical Response System can be 
     improved;
       (E) how the Metropolitan Medical Response System does or 
     does not relate to other Department-supported preparedness 
     programs;
       (F) how eligibility for financial assistance, and the 
     allocation of financial assistance, under the Metropolitan 
     Medical Response System, should be determined; and
       (G) the resource requirements of the Metropolitan Medical 
     Response System.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator and the Chief 
     Medical Officer shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives a report on the results of the review under 
     this subsection.
       (c) Technical and Conforming Amendment.--Section 635 of the 
     Post-Katrina Management Reform Act of 2006 (6 U.S.C. 723) is 
     repealed.

     SEC. 905. EMERGENCY MANAGEMENT ASSISTANCE COMPACT.

       Section 661(d) of the Post-Katrina Emergency Management 
     Reform Act of 2006 (6 U.S.C. 761(d)) is amended by striking 
     ``2008'' and inserting ``2009''.

     SEC. 906. CLARIFICATION ON USE OF FUNDS.

       Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 
     609) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Grants'' and all that follows through ``used'' and 
     inserting the following: ``The Administrator shall permit the 
     recipient of a grant under section 2003 or 2004 to use grant 
     funds''; and
       (B) in paragraph (10), by inserting ``, regardless of 
     whether such analysts are current or new full-time employees 
     or contract employees'' after ``analysts''; and
       (2) in subsection (b)--
       (A) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (B) by inserting after paragraph (2) the following:
       ``(3) Limitations on discretion.--
       ``(A) In general.--With respect to the use of amounts 
     awarded to a grant recipient under section 2003 or 2004 for 
     personnel costs in accordance with paragraph (2) of this 
     subsection, the Administrator may not--
       ``(i) impose a limit on the amount of the award that may be 
     used to pay for personnel, or personnel-related, costs that 
     is higher or lower than the percent limit imposed in 
     paragraph (2)(A); or
       ``(ii) impose any additional limitation on the portion of 
     the funds of a recipient that may be used for a specific 
     type, purpose, or category of personnel, or personnel-
     related, costs.
       ``(B) Analysts.--If amounts awarded to a grant recipient 
     under section 2003 or 2004 are used for paying salary or 
     benefits of a qualified intelligence analyst under subsection 
     (a)(10), the Administrator shall make such amounts available 
     without time limitations placed on the period of time that 
     the analyst can serve under the grant.''.

     SEC. 907. COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM.

       Title XX of the Homeland Security Act of 2002 (6 U.S.C. 601 
     et seq.), as amended by section 904 of this Act, is amended 
     by adding at the end the following:

     ``SEC. 2043. COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM.

       ``(a) Establishment.--The Secretary, through the 
     Administrator, is authorized to provide equipment, equipment 
     training, and equipment technical assistance to assist State 
     and local law enforcement and other emergency response 
     providers in preventing, preparing for, protecting against, 
     responding to, and recovering from natural disasters, acts of 
     terrorism, and other man-made disasters.
       ``(b) Eligibility.--A law enforcement agency, fire 
     department, emergency medical service, emergency management 
     agency, public safety agency, or other emergency response 
     agency shall be eligible to apply for direct equipment, 
     training, and technical assistance under this section, if 
     such an applicant--
       ``(1) has not received equipment funding or other 
     assistance under a grant under the Assistance to Firefighters 
     Grant Program during the 2-year period ending on the 
     application deadline for the Commercial Equipment Direct 
     Assistance Program in any fiscal year; and
       ``(2) has not received equipment funding, or other 
     assistance under a grant under section 2003 during the 2-year 
     period ending on the application deadline for the Commercial 
     Equipment Direct Assistance Program in any fiscal year.
       ``(c) Application.--
       ``(1) In general.--An applicant for direct equipment, 
     training, or technical assistance under this section shall 
     submit such information in support of the application as the 
     Administrator may require, including an explanation of how 
     any requested equipment will be used to support a system of 
     mutual aid among neighboring jurisdictions.
       ``(2) State concurrence.--
       ``(A) In general.--An emergency response agency submitting 
     an application for direct equipment, training, or technical 
     assistance under this section shall provide a copy of the 
     application to the State within which the agency is located 
     not later than the date on which the agency submits the 
     application to the Administrator.
       ``(B) Notice.--If the Governor of a State determines that 
     the application of an emergency response agency provided 
     under subparagraph (A) is inconsistent with the homeland 
     security plan of that State, or otherwise does not support 
     the application, not later than 30 days after receipt of that 
     application the Governor shall--
       ``(i) notify the Administrator, in writing, of that fact; 
     and
       ``(ii) provide an explanation of the reason for not 
     supporting the application.
       ``(d) Limitations on Direct Assistance.--
       ``(1) Training and technical assistance.--Not more than 40 
     percent of the amount appropriated pursuant to the 
     authorization of appropriations under this section in any 
     fiscal year may be used to pay for training and technical 
     assistance.
       ``(2) Voluntary consensus standards.--The Administrator may 
     not directly provide to a law enforcement or other emergency 
     response agency under this section equipment that does not 
     meet applicable voluntary consensus standards, unless the 
     agency demonstrates that there are compelling reasons for 
     such provision of equipment.
       ``(3) Prohibition and other use.--No amount appropriated 
     pursuant to the authorization of appropriations under this 
     section may be used for an assessment and validation program 
     or for any other purpose or program not provided for in this 
     section.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $50,000,000 for 
     each of fiscal years 2009 through 2012.''.

     SEC. 908. TASK FORCE FOR EMERGENCY READINESS.

       Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 
     et seq.), as amended by section 903 of this Act, is amended 
     by adding at the end the following:

     ``SEC. 527. TASK FORCE FOR EMERGENCY READINESS.

       ``(a) Definitions.--In this section--
       ``(1) the term `national planning scenarios' means the 
     national planning scenarios developed under section 645 of 
     the Post Katrina Emergency Management Reform Act of 2006 (6 
     U.S.C. 745); and

[[Page S9705]]

       ``(2) the term `operational readiness' has the meaning 
     given that term in section 641 of the Post-Katrina Emergency 
     Management Reform Act of 2006 (6 U.S.C. 741).
       ``(b) Pilot Program.--
       ``(1) In general.--The Administrator, in coordination with 
     the Secretary of Defense, shall establish, for the purposes 
     set out in subsection (c), a Task Force for Emergency 
     Readiness pilot program for fiscal years 2010, 2011, and 
     2012.
       ``(2) Task force establishment.--Under the program 
     described in paragraph (1), the Administrator shall establish 
     a Task Force for Emergency Readiness in not fewer than 5 
     States.
       ``(3) Task force membership.--Each task force established 
     under the program under this subsection shall consist of--
       ``(A) State and local emergency planners from the 
     applicable State, including National Guard planners in State 
     status, appointed by the Governor of the applicable State;
       ``(B) experienced emergency planners from the Agency, 
     designated by the Administrator, in conjunction with the 
     Regional Administrator for the applicable State; and
       ``(C) experienced emergency planners from the Department of 
     Defense, designated by the Secretary of Defense, which may 
     include civilian and military personnel.
       ``(c) Purposes.--The purpose of the Task Force for 
     Emergency Readiness pilot program authorized under subsection 
     (b) is to assist each State participating in the pilot 
     program in--
       ``(1) planning to prevent, prepare for, protect against, 
     respond to, and recover from catastrophic incidents, 
     including, as appropriate, incidents identified in the 
     national planning scenarios;
       ``(2) coordinating the planning efforts of the State with 
     those of other States;
       ``(3) coordinating planning efforts of the State with those 
     of the Federal Government;
       ``(4) using plans developed to respond to catastrophic 
     incidents for training and exercises consistent with section 
     648 of the Post-Katrina Emergency Management Reform Act of 
     2006 (6 U.S.C. 748); and
       ``(5) monitoring and improving the operational readiness of 
     the State, consistent with the national preparedness system 
     required by chapter 1 of subtitle C of title VI of the Post 
     Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 741 
     et seq.).
       ``(d) Direction.--The planning activities of a task force 
     established under this section shall be directed by the 
     Governor of the applicable State.
       ``(e) Participating States.--The States participating in 
     the Task Force for Emergency Readiness pilot program shall be 
     selected--
       ``(1) by the Administrator, with the consent of the 
     Governor of the applicable State and in coordination with the 
     Regional Administrator of the applicable region of the 
     Agency; and
       ``(2) to the maximum extent practicable, from different 
     regions of the Agency.
       ``(f) Report.--Not later than 2 years after the date of 
     enactment of the Department of Homeland Security 
     Authorization Act of 2008 and 2009, the Administrator, in 
     conjunction with the Assistant Secretary of Defense for 
     Homeland Defense, shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives a report on the implementation and 
     effectiveness of the Task Force for Emergency Readiness pilot 
     program, and shall provide recommendations for modifications 
     to or expansion of the program.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this section.''.

     SEC. 909. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) In General.--Section 514 of the Homeland Security Act 
     of 2002 (6 U.S.C. 321c) is amended by adding at the end the 
     following:
       ``(d) Director of Grant Programs.--There shall be in the 
     Agency a Director of Grant Programs, who shall be appointed 
     by the President by and with the advice and consent of the 
     Senate.''.
       (b) Table of Contents.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
     seq.) is amended--
       (1) by inserting after the item relating to section 524 the 
     following:

``Sec. 525. National planning.
``Sec. 526. Community Preparedness.
``Sec. 527. Task force for emergency readiness.''; and
       (2) by adding after the item relating to section 2041, as 
     added by section 804 of this Act, the following:

``Sec. 2042. Metropolitan Medical Response System.
``Sec. 2043. Commercial Equipment Direct Assistance Program.''.

                TITLE X--NATIONAL BOMBING PREVENTION ACT

     SEC. 1001. BOMBING PREVENTION.

       (a) In General.--Subtitle A of title II of the Homeland 
     Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by 
     section 501 of this Act, is amended by adding at the end the 
     following:

     ``SEC. 210G. OFFICE FOR BOMBING PREVENTION.

       ``(a) In General.--There is in the Department an Office for 
     Bombing Prevention (in this section referred to as `the 
     Office') within the Office of Infrastructure Protection.
       ``(b) Responsibilities.--The Office shall have the primary 
     responsibility within the Department for enhancing the 
     ability, and coordinating the efforts, of the Nation to 
     deter, detect, prevent, protect against, and respond to 
     terrorist explosive attacks, including by--
       ``(1) serving as the lead agency of the Department for 
     ensuring that programs designed to counter terrorist 
     explosive attacks nationwide, function together efficiently 
     to meet the evolving threat from explosives and improvised 
     explosive devices;
       ``(2) coordinating, in consultation with the National 
     Domestic Preparedness Consortium of the Department and in 
     coordination with the Attorney General, national and 
     intergovernmental bombing prevention training activities to 
     ensure those activities work toward achieving common national 
     goals;
       ``(3) conducting, in coordination with the Attorney 
     General, analysis of the capabilities and requirements 
     necessary for State and local governments to deter, prevent, 
     detect, protect against, and assist in any response to 
     terrorist explosive attacks by--
       ``(A) maintaining a national analysis database on the 
     capabilities of bomb squads, explosive detection canine 
     teams, tactics teams, and public safety dive teams; and
       ``(B) applying the analysis derived from the database 
     described in subparagraph (A) in--
       ``(i) evaluating progress toward closing identified gaps 
     relating to applicable national strategic goals and 
     standards; and
       ``(ii) informing decisions relating to homeland security 
     policy, assistance, training, research, development efforts, 
     and testing and evaluation, and related requirements;
       ``(4) promoting secure information sharing of sensitive 
     material relating to terrorist explosives and promoting 
     security awareness, including by--
       ``(A) operating and maintaining a secure information 
     sharing system that allows the sharing of critical 
     information relating to terrorist explosive attack tactics, 
     techniques, and procedures;
       ``(B) in consultation with the Attorney General, educating 
     the public and private sectors about explosive precursor 
     chemicals;
       ``(C) working with international partners, in coordination 
     with the Office for International Affairs of the Department 
     and the Attorney General, to develop and share effective 
     practices to deter, prevent, detect, protect, and respond to 
     terrorist explosive attacks; and
       ``(D) executing national public awareness and vigilance 
     campaigns relating to terrorist explosive threats, preventing 
     explosive attacks, and activities and measures underway to 
     safeguard the Nation;
       ``(5) assisting, in consultation with the Administrator of 
     the Federal Emergency Management Agency, State and local 
     governments in developing multijurisdictional improvised 
     explosive devices security plans for high-risk jurisdictions;
       ``(6) helping to ensure, in coordination with the Under 
     Secretary for Science and Technology and the Administrator of 
     the Federal Emergency Management Agency, the identification 
     and availability of effective technology applications through 
     field pilot testing and acquisition of such technology 
     applications by Federal, State, and local governments to 
     deter, prevent, detect, protect, and respond to terrorist 
     explosive attacks;
       ``(7) coordinating, in consultation with the Attorney 
     General, other departments and agencies of Federal, State, 
     and local government, and the private sector, the efforts of 
     the Department to assist in the development and promulgation 
     of national explosives detection canine training, 
     certification, and performance standards;
       ``(8) coordinating the efforts to implement within the 
     Department applicable explosives detection training, 
     certification, and performance standards;
       ``(9) ensuring the implementation of any recommendations 
     and responsibilities of the Department contained in the 
     national strategy described in section 210H, including 
     developing, maintaining, and tracking progress toward 
     achieving objectives to reduce the Nation's vulnerability to 
     terrorist attacks using explosives or improvised explosive 
     devices; and
       ``(10) developing, in coordination with the Administrator 
     of the Federal Emergency Management Agency, programmatic 
     guidance and permitted uses for bombing prevention activities 
     funded by homeland security assistance administered by the 
     Department.
       ``(c) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section--
       ``(A) $25,000,000 for each of fiscal years 2009 through 
     2010; and
       ``(B) such sums as are necessary for each fiscal year 
     thereafter.
       ``(2) Availability.--Amounts made available pursuant to 
     this subsection shall remain available until expended.

     ``SEC. 210H. NATIONAL STRATEGY.

       ``(a) In General.--The President shall develop and 
     periodically update a national strategy to prevent and 
     prepare for terrorist attacks in the United States using 
     explosives or improvised explosive devices.
       ``(b) Development.--Not later than 90 days after the date 
     of enactment of this section, the President shall develop the 
     national strategy described in subsection (a).
       ``(c) Reporting.--Not later than 6 months after the date of 
     submission of the report regarding each quadrennial homeland 
     security review conducted under section 621(c), the President 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on

[[Page S9706]]

     Homeland Security of the House of Representatives a report 
     regarding the national strategy described in subsection (a), 
     which shall include recommendations, if any, for deterring, 
     preventing, detecting, protecting against, and responding to 
     terrorist attacks in the United States using explosives or 
     improvised explosive devices, including any such 
     recommendations relating to coordinating the efforts of 
     Federal, State, local, and tribal governments, emergency 
     response providers, and the private sector.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is amended by inserting after the item 
     relating to section 210F, as added by section 501 of this 
     Act, the following:

``Sec. 210G. Office for Bombing Prevention.
``Sec. 210H. National strategy.''.

     SEC. 1002. EXPLOSIVES TECHNOLOGY DEVELOPMENT AND TRANSFER.

       (a) In General.--Title III of the Homeland Security Act of 
     2002 (6 U.S.C. 181 et seq.), as amended by section 703 of 
     this Act, is amended by adding at the end the following:

     ``SEC. 320. EXPLOSIVES RESEARCH AND DEVELOPMENT.

       ``(a) In General.--The Secretary, acting through the Under 
     Secretary for Science and Technology, and in coordination 
     with the Under Secretary for National Protection and 
     Programs, the Attorney General, the Secretary of Defense, and 
     the head of any other relevant Federal department or agency, 
     shall--
       ``(1) evaluate and assess nonmilitary research, 
     development, testing, and evaluation activities of the 
     Federal Government relating to the detection and prevention 
     of, protection against, and response to explosive attacks 
     within the United States; and
       ``(2) make recommendations for enhancing coordination of 
     the research, development, testing, and evaluation activities 
     described in paragraph (1).
       ``(b) Military Research.--The Secretary, acting through the 
     Under Secretary for Science and Technology, and in 
     coordination with the Under Secretary for National Protection 
     and Programs, shall coordinate with the Secretary of Defense, 
     the Attorney General, and the head of any other relevant 
     Federal department or agency to ensure that, to the maximum 
     extent possible, military information and research, 
     development, testing, and evaluation activities relating to 
     the detection and prevention of, protection against, and 
     response to explosive attacks, and the development of tools 
     and technologies necessary to neutralize and disable 
     explosive devices, are applied to nonmilitary uses.

     ``SEC. 321. TECHNOLOGY TRANSFER.

       ``(a) In General.--The Secretary, acting through the Under 
     Secretary for Science and Technology, and in coordination 
     with the Under Secretary for National Protection and Programs 
     and the Attorney General, shall establish a technology 
     transfer program to facilitate the identification, 
     modification, and commercialization of technology and 
     equipment for use by State and local governmental agencies, 
     emergency response providers, and the private sector to 
     deter, prevent, detect, protect, and respond to explosive 
     attacks within the United States.
       ``(b) Program.--The activities under the program 
     established under subsection (a) shall include--
       ``(1) applying the analysis conducted under section 
     210G(b)(3) of the capabilities and requirements of bomb 
     squads, explosive detection canine teams, tactical teams, and 
     public safety dive teams of State and local governments, to 
     assist in the determination of training and technology 
     requirements for State and local governments, emergency 
     response providers, and the private sector;
       ``(2) identifying available technologies designed to deter, 
     prevent, detect, protect, or respond to explosive attacks 
     that have been, or are in the process of being, developed, 
     tested, evaluated, or demonstrated by the Department, other 
     Federal agencies, the private sector, foreign governments, or 
     international organizations;
       ``(3) reviewing whether a technology described in paragraph 
     (2) may be useful in assisting Federal, State, or local 
     governments, emergency response providers, or the private 
     sector in detecting, deterring, preventing, or responding to 
     explosive attacks;
       ``(4) communicating, in coordination with the Attorney 
     General, to Federal, State, and local governments, emergency 
     response providers, and the private sector the availability 
     of any technology described in paragraph (2), including 
     providing the specifications of such technology, indicating 
     whether such technology satisfies applicable standards, and 
     identifying grants, if any, available from the Department to 
     purchase such technology; and
       ``(5) developing and assisting in the deployment of 
     electronic countermeasures to protect high-risk critical 
     infrastructure and key resources.
       ``(c) Working Group.--To facilitate the transfer of 
     military technologies, the Secretary, acting through the 
     Under Secretary for Science and Technology, in coordination 
     with the Attorney General and the Secretary of Defense, and 
     in a manner consistent with protection of sensitive sources 
     and methods, shall establish a working group, or use an 
     appropriate interagency body in existence on the date of 
     enactment of this section, to advise and assist in the 
     identification of military technologies designed to deter, 
     prevent, detect, protect, or respond to explosive attacks 
     that are in the process of being developed, or are developed, 
     by the Department of Defense or the private sector.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 et seq.) is amended by inserting after the item 
     relating to section 319, as added by section 703 of this Act, 
     the following:

``Sec. 320. Explosives research and development.
``Sec. 321. Technology transfer.''.

     SEC. 1003. SAVINGS CLAUSE.

       Nothing in this title or the amendments made by this title 
     may be construed to limit or otherwise affect the authorities 
     or responsibilities of the Attorney General.

           TITLE XI--FEDERAL PROTECTIVE SERVICE AUTHORIZATION

     SEC. 1101. AUTHORIZATION OF FEDERAL PROTECTIVE SERVICE 
                   PERSONNEL.

       (a) In General.--The Secretary shall ensure that--
       (1) in fiscal year 2009 the Federal Protective Service 
     maintains not fewer than 1,200 full-time equivalent 
     employees, including not fewer than 900 full-time equivalent 
     police officers, inspectors, area commanders, and criminal 
     investigators who, while working, are directly engaged on a 
     daily basis protecting and enforcing laws at Federal 
     buildings; and
       (2) in fiscal year 2010 the Federal Protective Service 
     maintains not fewer than 1,300 full-time equivalent 
     employees, including not fewer than 950 full-time equivalent 
     police officers, inspectors, area commanders, and criminal 
     investigators who, while working, are directly engaged on a 
     daily basis protecting and enforcing laws at Federal 
     buildings.
       (b) Report.--
       (1) In general.--Not later than 270 days after the date of 
     enactment of this Act, the Secretary shall submit a report on 
     recommendations for a funding structure for the Federal 
     Protective Service to--
       (A) the Committee on Appropriations of the Senate;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (C) the Committee on Appropriations of the House of 
     Representatives;
       (D) the Committee on Homeland Security of the House of 
     Representatives; and
       (E) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (2) Contents.--The report submitted under this subsection 
     shall include--
       (A) an evaluation of whether all, part, or none of the 
     Federal Protective Service should be funded by fee 
     collections, direct appropriations, or an alternative funding 
     mechanism;
       (B) an evaluation of the basis for assessing any security 
     fees charged to agencies which utilize the Federal Protective 
     Service, including whether such fees should be assessed based 
     on square footage of facilities or by some other means; and
       (C) an evaluation of assessing an enhanced security fee, in 
     addition to a basic security fee, to facilities or agencies 
     which require an enhanced level of service from the Federal 
     Protective Service.
       (c) Adjustment of Fees.--The Federal Protective Service 
     shall adjust fees as necessary to ensure collections are 
     sufficient to carry out subsection (a).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out subsection (a)--
       (1) $650,000,000 for fiscal year 2009; and
       (2) $675,000,000 for fiscal year 2010.
       (e) Savings Clause.--Nothing in this section shall prohibit 
     the Federal Protective Service from continuing to provide 
     reimbursable security and law enforcement services as 
     requested by other Federal agencies and organizations, 
     without limitation to the appropriations authorized by this 
     section.

     SEC. 1102. REPORT ON PERSONNEL NEEDS OF THE FEDERAL 
                   PROTECTIVE SERVICE.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall enter into a 
     contract with an independent consultant to--
       (1) prepare a report that recommends the appropriate level 
     and composition of staffing required to accomplish the law 
     enforcement response, proactive patrols, 24-hour service in 
     major metropolitan areas, support to building security 
     committees, assistance with emergency plans, supervision and 
     monitoring of contract guards, implementation and maintenance 
     of security systems and countermeasures, and other missions 
     of the Federal Protective Service, including recommendations 
     for full-time equivalent police officers, inspectors, area 
     commanders, criminal investigators, canine units, 
     administrative and support staff, and contract security 
     guards; and
       (2) submit the report to--
       (A) the Secretary;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (C) the Committee on Homeland Security of the House of 
     Representatives;
       (D) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (E) the Committees on Appropriations of the Senate and the 
     House of Representatives.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as necessary to carry out this 
     section.

[[Page S9707]]

     SEC. 1103. AUTHORITY FOR FEDERAL PROTECTIVE SERVICE OFFICERS 
                   AND INVESTIGATORS TO CARRY WEAPONS DURING OFF-
                   DUTY TIMES.

       Section 1315(b)(2) of title 40, United States Code, is 
     amended by striking ``While engaged in the performance of 
     official duties, an'' and inserting ``An''.

     SEC. 1104. AMENDMENTS RELATING TO THE CIVIL SERVICE 
                   RETIREMENT SYSTEM.

       (a) Amendments Relating to the Civil Service Retirement 
     System.--
       (1) Definitions.--Section 8331 of title 5, United States 
     Code, as amended by section 815 of this Act, is amended by 
     adding at the end the following:
       ``(34) `Federal protective service officer' means an 
     employee in the Federal Protective Service, Department of 
     Homeland Security--
       ``(A) who holds a position within the GS-0083, GS-0080, GS-
     1801, or GS-1811 job series (determined applying the criteria 
     in effect as of September 1, 2007 or any successor position; 
     and
       ``(B) who are authorized to carry firearms and empowered to 
     make arrests in the performance of duties related to the 
     protection of buildings, grounds and property that are owned, 
     occupied, or secured by the Federal Government (including any 
     agency, instrumentality or wholly owned or mixed-ownership 
     corporation thereof) and the persons on the property, 
     including any such employee who is transferred directly to a 
     supervisory or administrative position in the Department of 
     Homeland Security after performing such duties in 1 or more 
     positions (as described under subparagraph (A)) for at least 
     3 years.''.
       (2) Deductions, contributions, and deposits.--Section 8334 
     of title 5, United States Code, as amended by section 815 of 
     this Act, is amended--
       (A) in subsection (a)(1)(A), by inserting ``Federal 
     protective service officer,'' before ``or customs and border 
     protection officer,''; and
       (B) in the table contained in subsection (c), by adding at 
     the end the following:


 
 
 
``Federal Protective Service         7.5  After June 29, 2009.''.
 Officer
 

       (3) Mandatory separation.--The first sentence of section 
     8335(b)(1) of title 5, United States Code, as amended by 
     section 815 of this Act, is amended by inserting ``Federal 
     protective service officer,'' before ``or customs and border 
     protection officer,''.
       (4) Immediate retirement.--Section 8336 of title 5, United 
     States Code, as amended by section 815 of this Act, is 
     amended--
       (A) in subsection (c)(1), by inserting ``Federal protective 
     service officer,'' before ``or customs and border protection 
     officer,''; and
       (B) in subsections (m) and (n), by inserting ``as a Federal 
     protective service officer,'' before ``or as a customs and 
     border protection officer,''.
       (b) Amendments Relating to the Federal Employees Retirement 
     System.--
       (1) Definitions.--Section 8401 of title 5, United States 
     Code, as amended by section 815 of this Act, is amended by 
     adding at the end the following:
       ``(39) `Federal protective service officer' means an 
     employee in the Federal Protective Service, Department of 
     Homeland Security--
       ``(A) who holds a position within the GS-0083, GS-0080, GS-
     1801, or GS-1811 job series (determined applying the criteria 
     in effect as of September 1, 2007 or any successor position; 
     and
       ``(B) who are authorized to carry firearms and empowered to 
     make arrests in the performance of duties related to the 
     protection of buildings, grounds and property that are owned, 
     occupied, or secured by the Federal Government (including any 
     agency, instrumentality or wholly owned or mixed-ownership 
     corporation thereof) and the persons on the property, 
     including any such employee who is transferred directly to a 
     supervisory or administrative position in the Department of 
     Homeland Security after performing such duties in 1 or more 
     positions (as described under subparagraph (A)) for at least 
     3 years.''.
       (2) Immediate retirement.--Paragraphs (1) and (2) of 
     section 8412(d) of title 5, United States Code, as amended by 
     section 815 of this Act, are amended by inserting ``Federal 
     protective service officer,'' before ``or customs and border 
     protection officer,''.
       (3) Computation of basic annuity.--Section 8415(h)(2) of 
     title 5, United States Code, as amended by section 815 of 
     this Act, is amended by inserting ``Federal protective 
     service officer,'' before ``or customs and border protection 
     officer,''.
       (4) Deductions from pay.--The table contained in section 
     8422(a)(3) of title 5, United States Code, as amended by 
     section 815 of this Act, is amended by adding at the end the 
     following:


 
 
 
``Federal Protective Service         7.5  After June 29, 2009.''.
 Officer
 

       (5) Government contributions.--Paragraphs (1)(B)(i) and (3) 
     of section 8423(a) of title 5, United States Code, as amended 
     by section 815 of this Act, are amended by inserting 
     ``Federal protective service officer,'' before ``customs and 
     border protection officer,'' each place it appears.
       (6) Mandatory separation.--Section 8425(b)(1) of title 5, 
     United States Code, as amended by section 815 of this Act, is 
     amended--
       (A) by inserting ``Federal protective service officer 
     who,'' before ``or customs and border protection officer,'' 
     the first place it appears; and
       (B) inserting ``Federal protective service officer,'' 
     before ``or customs and border protection officer,'' the 
     second place it appears.
       (c) Maximum Age for Original Appointment.--Section 3307 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``(h) The Secretary of Homeland Security may determine and 
     fix the maximum age limit for an original appointment to a 
     position as a Federal protective service officer, as defined 
     by section 8401(39).''.
       (d) Regulations.--Any regulations necessary to carry out 
     the amendments made by this section shall be prescribed by 
     the Director of the Office of Personnel Management in 
     consultation with the Secretary.
       (e) Effective Date; Transition Rules; Funding.--
       (1) Effective date.--The amendments made by this section 
     shall become effective on the later of June 30, 2009, or the 
     first day of the first pay period beginning at least 6 months 
     after the date of the enactment of this Act.
       (2) Transition rules.--
       (A) Nonapplicability of mandatory separation provisions to 
     certain individuals.--The amendments made by subsections 
     (a)(3) and (b)(6), respectively, shall not apply to an 
     individual first appointed as a Federal protective service 
     officer before the effective date under paragraph (1).
       (B) Treatment of prior federal protective service officer 
     service.--
       (i) General rule.--Except as provided in clause (ii), 
     nothing in this section shall be considered to apply with 
     respect to any service performed as a Federal protective 
     service officer before the effective date under paragraph 
     (1).
       (ii) Exception.--Service described in section 8331(34) and 
     8401(39) of title 5, United States Code (as amended by this 
     section) rendered before the effective date under paragraph 
     (1) may be taken into account to determine if an individual 
     who is serving on or after such effective date then qualifies 
     as a Federal protective service officer by virtue of holding 
     a supervisory or administrative position in the Department of 
     Homeland Security.
       (C) Minimum annuity amount.--The annuity of an individual 
     serving as a Federal protective service officer on the 
     effective date under paragraph (1) pursuant to an appointment 
     made before that date shall, to the extent that its 
     computation is based on service rendered as a Federal 
     protective service officer on or after that date, be at least 
     equal to the amount that would be payable to the extent that 
     such service is subject to the Civil Service Retirement 
     System or Federal Employees Retirement System, as 
     appropriate, by applying section 8339(d) of title 5, United 
     States Code, with respect to such service.
       (D) Rule of construction.--Nothing in the amendment made by 
     subsection (c) shall be considered to apply with respect to 
     any appointment made before the effective date under 
     paragraph (1).
       (3) Fees and authorizations of appropriations.--
       (A) Fees.--The Federal Protective Service shall adjust fees 
     as necessary to ensure collections are sufficient to carry 
     out amendments made in this section.
       (B) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
       (4) Election.--
       (A) Incumbent defined.--For purposes of this paragraph, the 
     term ``incumbent'' means an individual who is serving as an 
     Federal protective service officer on the date of the 
     enactment of this Act.
       (B) Notice requirement.--Not later than 30 days after the 
     date of the enactment of this Act, the Director of the Office 
     of Personnel Management shall take measures reasonably 
     designed to ensure that incumbents are notified as to their 
     election rights under this paragraph, and the effect of 
     making or not making a timely election.
       (C) Election available to incumbents.--
       (i) In general.--An incumbent may elect, for all purposes, 
     either--

       (I) to be treated in accordance with the amendments made by 
     subsection (a) or (b), as applicable; or
       (II) to be treated as if subsections (a) and (b) had never 
     been enacted.

       (ii) Failure to make a timely election.--Failure to make a 
     timely election under clause (i) shall be treated in the same 
     way as an election made under clause (i)(I) on the last day 
     allowable under clause (iii).
       (iii) Deadline.--An election under this subparagraph shall 
     not be effective unless it is made at least 14 days before 
     the effective date under paragraph (1).
       (5) Definition.--For the purposes of this subsection, the 
     term ``Federal protective service officer'' has the meaning 
     given such term by section 8331(34) or 8401(39) of title 5, 
     United States Code (as amended by this section).
       (6) Exclusion.--Nothing in this section or any amendment 
     made by this section shall be considered to afford any 
     election or to otherwise apply with respect to any individual 
     who, as of the day before the date of the enactment of this 
     Act--

[[Page S9708]]

       (A) holds a positions within the Federal Protective 
     Service; and
       (B) is considered a law enforcement officers for purposes 
     of subchapter III of chapter 83 or chapter 84 of title 5, 
     United States Code, by virtue of such position.

     SEC. 1105. FEDERAL PROTECTIVE SERVICE CONTRACTS.

       (a) Prohibition on Award of Contracts to Any Business 
     Concern Owned, Controlled, or Operated by an Individual 
     Convicted of a Felony.--
       (1) In general.--The Secretary, acting through the 
     Assistant Secretary of U.S. Immigration and Customs 
     Enforcement--
       (A) shall promulgate regulations establishing guidelines 
     for the prohibition of contract awards for the provision of 
     guard services under the contract security guard program of 
     the Federal Protective Service to any business concern that 
     is owned, controlled, or operated by an individual who has 
     been convicted of a felony; and
       (B) may consider permanent or interim prohibitions when 
     promulgating the regulations.
       (2) Contents.--The regulations under this subsection 
     shall--
       (A) identify which serious felonies may prohibit a 
     contractor from being awarded a contract;
       (B) require contractors to provide information regarding 
     any relevant felony convictions when submitting bids or 
     proposals; and
       (C) provide guidelines for the contracting officer to 
     assess present responsibility, mitigating factors, and the 
     risk associated with the previous conviction, and allow the 
     contracting officer to award a contract under certain 
     circumstances.
       (b) Regulations.--Not later than 6 months after the date of 
     the enactment of this Act, the Secretary shall issue 
     regulations to carry out this section.
       (c) Report on Government-Wide Applicability.--Not later 
     than 18 months after the date of enactment of the Act, the 
     Administrator for Federal Procurement Policy shall submit a 
     report on establishing similar guidelines government-wide 
     to--
       (1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (2) the Committee on Oversight and Government Reform of the 
     House of Representatives.
                                 ______
                                 
      By Mr. HATCH:
  S. 3626. A bill to amend the Internal Revenue Code of 1986 to improve 
access to health care through expanded health savings accounts, and for 
other purposes; to the Committee on Finance.
  Mr. HATCH. Mr. President, I rise today to introduce the Family and 
Retirement Health Investment Act of 2008. In these difficult economic 
times, many Utahns are facing the rising costs of health insurance and 
medical expenses. This bill would make it easier for families to 
decrease the cost of health insurance and encourage savings for 
retirement health care costs.
  Briefly stated, this bill would enhance and improve Health Savings 
Accounts by addressing some of the questions and concerns that have 
been raised sine HSAs were first enacted in 2003 but were not addressed 
by the Health Opportunity Patient Empowerment Act of 2006.
  Health Savings Accounts were created as an alternative to traditional 
health insurance. HSAs allow participants to pay for current medical 
bills while saving for future health care expenses. One of the most 
attractive features of these accounts is the high degree of control the 
participants have over how to spend the money and how to manage 
investments within the account.
  Since their creation, HSAs have become increasingly popular. Part of 
the reason for this is that Health Savings Accounts offer several 
important tax incentives. Earnings accrued on savings in an HSA are not 
taxed. Funds can also be withdrawn from an HSA 100 percent tax free, so 
long as the withdrawal is related to medical care. HSAs are very easy 
is set up. Anyone can go to his or her local bank, credit union, 
insurance company, or sometimes even their employer and request to 
create an HSA.
  Broad agreement now exists that Congress must advance reform that 
will ``bend the growth curve'' in health care inflation. In recent 
years American families--often along with the businesses they own or 
work for--have been addressing this inflation on their own, by turning 
toward health savings account-eligible health plans.
  According to one survey, there are now 6.1 million people covered 
under health plans that are eligible for an HSA, including over 70,000 
in my home state of Utah. This is a 35 percent increase over the 
previous year, and it is clear that businesses large and small see 
these plans as an innovative solution for their employees' health care 
needs.
  In addition, because HSAs offer lower premiums, existing businesses 
find that they are able to maintain coverage, while new businesses are 
able to extend health insurance to their employees. And increasingly, 
these businesses are funding their employee's HSAs just as they would a 
401(k) plan. At the same time, the financial burden on families 
generally decreases under these plans due to lower premiums and a cap 
on out-of-pocket expenditures.
  Given these attractive features, HSA-eligible health plans will only 
expand over time. In fact, a recent report estimates that the number of 
Health Savings Accounts will double between January 2008 and January 
2009. It is appropriate, therefore, to continue to make common sense 
reforms to improve these plans for the families and businesses that are 
choosing them.
  That is what this bill is all about. Among other things, the bill I 
am introducing would allow a husband and wife to make catch-up 
contributions to the same HSA; clarify the use of prescription drugs as 
preventive care that will not be subject to the deductible; promote 
wellness by expanding the definition of qualified medical expenses to 
encourage more exercise and better diet; and establish a more equitable 
tax treatment of health insurance by allowing individuals and families 
without employer-sponsored insurance the ability to pay for their 
health insurance premiums with tax-deductible dollars.
  This proposal is certainly not a substitute for broader health care 
reform. Instead, it seeks to improve an important and growing 
innovation that is a partial answer to the health care puzzle.
  As the Senate prepares for a comprehensive health care debate in the 
coming months, it is important that we do what we can now to promote 
wellness, decrease costs, and increase coverage. By taking the 
intermediate steps proposed in this bill, we can facilitate broader 
reforms by decreasing costs and assisting businesses and families as 
they seek to make affordable health care choices.
  I expect the popularity of HSAs will one day elevate the acronym to 
the level of IRAs, where no further clarification is required. Today, I 
ask my colleagues to join me in a bipartisan effort to accelerate that 
process by supporting this important legislation.
  Mr. President, I ask unanimous consent that a section-by-section 
analysis be printed in the Record.
       There being no objection, the material was ordered to be 
     printed in the Record, as follows:

          Family and Retirement Health Investment Act of 2008


                     Section-by-Section Description

       This bill is designed to make certain enhancements and 
     improvements to Health Savings Accounts (HSAs) by addressing 
     some of the questions and concerns that have been raised 
     since HSAs were first enacted in 2003 but were not addressed 
     by the HOPE Act of 2006.
     Section 1. Short Title.
     Section 2. Catch-up Contributions by Spouses May Be Made to 
         One Account.
       Current law allows HSA-eligible individuals age 55 or older 
     to make additional catch-up contributions each year. However, 
     the contributions must be deposited into separate HSA 
     accounts even if both spouses are eligible to make catch-up 
     contributions. Section 2 would allow the spouse who is the 
     HSA account holder to double their catch-up contribution to 
     account for their eligible spouse.
     Section 3. Provisions Relating to Medicare.
       a. HSA-eligible seniors enrolled in Medicare Part A only 
     may continue to contribute to their Health Savings Accounts.
       Current law restricts HSA participation by Medicare 
     beneficiaries, which means that once a person turns 65, they 
     usually may no longer contribute to their HSA (although they 
     may continue to spend money from an existing HSA). For most 
     seniors, enrollment in Medicare Part A is automatic when 
     receiving Social Security and is difficult to delay or 
     decline enrollment. However, the current deductible for 
     hospital coverage under Medicare Part A is very high, over 
     $1,000 per admission, nearly equal to the minimum deductible 
     required for HSA-qualified plans. Section 3(a) allows 
     Medicare beneficiaries enrolled only in Part A to continue to 
     contribute to their HSA accounts after turning 65 if they are 
     otherwise eligible to contribute to an HSA.
       b. Medicare enrollees may contribute their own money to 
     their Medicare Medical Savings Accounts (MSAs).
       Current law prohibits Medicare beneficiaries enrolled 
     Medicare Medical Savings Account from contributing their own 
     money to their MSAs. Although created in the 1997 Balanced 
     Budget Act, Medicare MSAs are a relatively new type of plan 
     under the Medicare Advantage program. MSA plans allow

[[Page S9709]]

     seniors to enroll in a high-deductible plan and receive tax-
     free contributions from the federal government to HSA-like 
     accounts. However, the government contribution is 
     significantly lower than the plan deductible, and the 
     beneficiary may not contribute any of their own money to fill 
     in the gap. Section 3(b) allows Medicare beneficiaries 
     participating in a Medicare MSA plan to contribute their own 
     tax-deductible money to their MSAs to cover the annual 
     shortfall.
     Section 4. Expanded Opportunities for Veterans
       Current law prohibits veterans from contributing to the 
     their HSAs if they have utilized VA medical services in the 
     past three months. The bill would remove those restrictions 
     and allow veterans with a service-connected disability to 
     contribute to their HSAs regardless of utilization of VA 
     medical services.
     Section 5. Expanded Opportunities for Native Americans
       Current law prohibits Native Americans from contributing to 
     their HSAs if they have utilized medical services of the 
     Indian Health Service (IHS) or a tribal organization. The 
     bill would remove those restriction and allow Native 
     Americans to contribute to their HSAs regardless of 
     utilization of IHS or tribal medical services.
     Section 6. Improved Opportunities to Roll Over Funds From 
         FSAs and HRAs to Fund HSAs.
       The HOPE Act of 2006 (H.R. 6111) allowed employer that 
     offered Flexible Spending Arrangements (FSAs) or Health 
     Reimbursement Arrangements (HRAs) to roll over unused funds 
     to an HSA as employees transitioned to an HSA for the first 
     time. However, the unused FSA funds may not be rolled over 
     the HSAs unless the employer offers a ``grace period'' that 
     allow medical expenses to be reimbursed from an FSA through 
     March 15 of the following year (instead of the usual ``use or 
     lose'' by December 31). In addition, the amount that may be 
     rolled over to the HSA cannot exceed the amount in such an 
     account as of September 21, 2006. This provision effectively 
     limits most employees from ever being able to use unused 
     funds in an FSA or an HRA to help fund their HSAs. Section 6 
     clarifies current law to provide employers greater 
     opportunity to roll over funds from employees' FSAs or HRAs 
     to their HSAs in a future year in order to ease the 
     transition from FSAs and HRAs to HSAs.
     Section 7. Expanded Opportunity to Purchase Health Insurance 
         with HSA Funds.
       Under current law, people can only use their HSA account to 
     pay for health insurance premiums when they are receiving 
     federal or state unemployment benefits or are covered by a 
     COBRA continuation policy from a former employer. In 
     addition, HSA funds may not be used to pay for a spouse's 
     Medicare premiums unless the HSA account holder is age 65 or 
     older. Section 7 allows HSA account funds to be used to pay 
     premiums for HSA-qualified policies regardless of their 
     circumstances. This section also clarifies that Medicare 
     premiums for a spouse on Medicare are reimbursable from an 
     HSA even though the HSA account holder is not age 65.
     Section 8. Greater Flexibility Using HSA Account to Pay 
         Expenses.
       When people enroll in an HSA-qualified plan, some let a few 
     months elapse between the time when their coverage starts 
     (e.g., January) and when the health savings bank account is 
     set up and becomes operational (e.g., March). However, the 
     IRS does not allow for medical expenses incurred in that gap 
     (between January and March) to be reimbursed with HSA funds. 
     Section 8 allows all ``qualified medical expenses'' (as 
     defined under the tax code) incurred after HSA-qualified 
     coverage begins to be reimbursed from an HSA account as long 
     as the account is established by April 15 of the following 
     year.
     Section 9. Expanded Definition of ``Preventive'' Drugs
       Current law allows ``preventive care'' services to be paid 
     by HSA-qualified plans without being subject to the policy 
     deductible. Although IRS guidance allows certain types of 
     prescription drugs to be considered ``preventive care,'' the 
     guidance generally does not permit plans to include drugs 
     that prevent complications resulting from chronic conditions. 
     Section 9 expands the definition of ``preventive care'' to 
     include medications that prevent worsening of or 
     complications from chronic conditions. This would provide 
     additional flexibility to health plans that want to provide 
     coverage for these medications and remove a perceived barrier 
     to HSAs for people with chronic conditions.
     Sections 10-12. Expanded Definition of ``Qualified Medical 
         Expenses.''
       With the increasing need to encourage Americans to take 
     better care of their health and reduce the prevalence of 
     obesity, Section 10 and 11 modify the definition of 
     ``qualified medical expenses'' in Section 213(d) of the 
     Internal Revenue Code to include the cost of:
       Exercise and physical fitness programs, up to $1,000 per 
     year (Sec. 10)
       Nutritional and dietary supplements, including meal 
     replacement products, up 7 to $1,000 per year (Sec. 11)
       The modification would affect all health care programs 
     using the definition, including HSAs, HRAs, FSAs and the 
     medical expense deduction when taxpayers itemize.
       Finally, the current definition of ``qualified medical 
     expenses'' generally does not include fees charged by primary 
     care physicians that offer pre-paid medical services on 
     demand because there is no direct billing for individual 
     services provided by the physician and the arrangement is not 
     considered ``insurance.'' Section 12 would allow amounts paid 
     by patients to their primary physician in advance for the 
     right to receive medical services on an as-needed basis to be 
     considered a ``qualified medical expense'' under the tax 
     code. The modification would affect all health care programs 
     using the definition, including HSAs, HRAs, FSAs, and the 
     medical expense deduction when taxpayers itemize.
                                 ______
                                 
      By Mr. HARKIN:
  S. 3627. A bill to improve the calculation of, the reporting of, and 
the accountability for, secondary school graduation rates; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. HARKIN. Mr. President, this fall our Nation's high school 
graduation class of 2012 took their first steps into their local high 
school as freshmen. The best research based on data from all 50 states 
tells us that \1/3\ of that class of freshmen will not walk across a 
stage and receive their diploma with their peers in four years.
  Tragically we face a national high school drop out crisis. Every year 
an estimated 1.23 million students drop out of high school. To put that 
number in perspective, it is equivalent to the entire population of the 
ninth largest city in the country, Dallas.
  What are the facts of the Nation's dropout epidemic? We know that if 
you are Black or Hispanic it's essentially a 50-50 chance that you will 
graduate in 4 years. This disparity exists even in my home State of 
Iowa, one of the best states in the Nation in terms of graduating kids 
in 4 years. According to data from the Editorial Projects in Education 
Research Center, 58 percent of African-American students in Iowa 
graduate in 4 years--almost 30 points lower than white students--while 
the graduation rate for Hispanic students is only 54 percent.
  Just as the data on racial and ethnic minorities paints a grim 
picture, a look into the Nation's graduation rates for students with 
disabilities shows many students continue to be failed by the system. 
The most recent data indicates that slightly more than half of all 
students with disabilities graduated from high school with a regular 
diploma. Those rates go down when examining different categories of 
students with disabilities. For instance, only 43 percent of students 
with emotional disturbances graduate from high school with a regular 
diploma. Bear in mind that many of these students do not have a 
learning disability, and with the proper supports and interventions 
they can achieve at the same levels expected of their non-disabled 
peers.
  But these statistics may not even tell the full story. Too few States 
use a ``cohort rate,'' which tracks students from high school entrance 
through exit. Because of the flexibility in No Child Left Behind, many 
States choose to employ a method of calculation that produces inflated 
reports due to undercounting dropouts. In 2005, the Government 
Accountability Office first documented troubling and inconsistent 
trends in graduation rate reporting. Unfortunately, because we lack of 
uniform measure of graduation rates, hundreds of thousands of children 
are unaccounted for each year.
  We owe it to these students to do a better job of tracking their 
progress towards graduation, and ensuring that they receive their high 
school diploma in 4 years. Census Bureau data shows there is a $9,000 
discrepancy between the average income of a high school graduate and a 
high school dropout. In the middle of an economic crisis that is 
affecting American families' savings, an extra $9,000 would go a long 
way.
  But looking beyond the individual impact, an education system that 
properly educates its young people and graduates them in 4 years 
provides economic security for the country. Research by Cecilia Rouse, 
professor of economics and public affairs at Princeton University, 
shows that each drop out, over his or her lifetime, costs the Nation 
approximately $260,000. If more than 1 million students continue to 
dropout of high school each year, in 10 years that will amount to a 
cost of $3 trillion to our Nation.
  Clearly, we have our work cut out for us. Today I introduce the Every 
Student Counts Act, legislation that directly addresses the nation's 
dropout

[[Page S9710]]

crisis through the creation of one consistent graduation rate across 
all 50 states and by setting meaningful graduation rate goals and 
targets for schools, districts and States.
  As we roll up our sleeves and get down to the serious business of 
solving the dropout crisis, we cannot waste our energy and our time 
arguing over whose data is correct. As I noted above, today we have 50 
States with 50 different ways of measuring dropouts. In addition, we 
have many well-meaning education organizations with their own figures 
on high school graduation. It should be no surprise that they do not 
match up.
  Take for example the difference in the graduation rates between those 
compiled by the independent Editorial Projects in Education Research 
Center, whose data is employed in Education Week's ``Diplomas Count'' 
annual report, and those currently reported by the States. While I 
think most would expect those rates to be relatively similar, they are 
not. In some States the difference between the two graduation rates is 
as much as 30 percentage points.
  That is why the first thing the Every Student Count Act will do is 
make graduation rate calculations uniform and accurate. The bill 
requires that all States calculate their graduation rates in the same 
manner, allowing for more consistency and transparency. This bill will 
bring all 50 States together by requiring each State to report both a 
4-year graduation rate and a cumulative graduation rate. A cumulative 
graduation rate will give parents a clear picture of how many students 
are graduating, while acknowledging that not all children will graduate 
in 4 years.
  But agreement on one graduation rate is only half the battle here. 
Schools, school districts and States that are not already graduating a 
high number of students must be required to make annual progress to 
high graduation rates. The Every Student Counts Act sets a graduation 
rate goal of 90 percent for all students and disadvantaged populations. 
Schools, districts and States with graduation rates below 90 percent, 
in the aggregate or for any subgroup, will be required to increase 
their graduation rates an average of 3 percentage points per year in 
order to make adequate yearly progress required under the No Child Left 
Behind Law.
  Before I conclude my remarks, I would like to thank the growing list 
of organizations representing the interests of children across the 
country who have signed on to support the Every Student Counts Act. 
Specifically, I recognize the Alliance for Excellent Education and 
their President, former Governor of West Virginia Bob Wise, who have 
been champions in the movement to improve our high schools and turn 
back the dropout crisis.
  I would also like to recognize the work of my colleague in the House, 
Representative Bobby Scott of Virginia, who is the chief sponsor of the 
companion to this legislation and has long championed education for 
disadvantaged young people.
  We have no more urgent educational challenge than bringing down the 
dropout rate, especially for minorities and children with disabilities. 
For reasons we all understand--poverty, poor nutrition, broken homes, 
disadvantaged childhoods--not all of our students come to school every 
day ready to learn. In some cases, it's as though they have been set up 
to fail. They grow frustrated. They drop out. As a result, they face a 
lifetime of fewer opportunities and lower earnings. Economically, our 
Nation cannot afford to lose one million students each year. Morally, 
we cannot allow children to continue to fall through the cracks. I 
believe the Every Student Counts Act puts us on the right track towards 
turning back the tide of high school dropouts and I ask my colleagues 
to support this legislation.
  I ask unanimous consent that a letter of support be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                               September 26, 2008.
     Senator Tom Harkin,
     Hart Senate Office Building,
     Washington, DC.
       Dear Senator Harkin:  We, the undersigned education, civil 
     rights, and advocacy organizations thank you for introducing 
     the Every Student Counts Act to ensure meaningful 
     accountability for the graduation rates of our nation's 
     students. As you know, educators and policymakers at all 
     levels of government agree that change is necessary on this 
     issue.
       Only 70 percent of our nation's students graduate with a 
     regular diploma. Worse, just over half of black and Hispanic 
     students graduate on time. Special education students also 
     have graduation rates of just over 50 percent. Such poor 
     graduation rates are untenable in a global economy that 
     demands an educated workforce. According to the Department of 
     Labor, 90 percent of the fastest-growing and best-paying jobs 
     in the United States require at least some postsecondary 
     education. It is imperative that the nation's schools prepare 
     their students to succeed in the twenty-first-century 
     workforce.
       The No Child Left Behind Act (NCLB) has focused the 
     nation's attention on the unacceptable achievement gap and 
     the need to improve outcomes for all students, particularly 
     those of minority students, English language learners, and 
     students with disabilities. However, NCLB does not place 
     enough importance on graduating the nation's high school 
     students. Furthermore, current federal policy on graduation 
     rates permits the use of inconsistent and misleading 
     graduation rate calculations that overestimate graduation 
     rates, does not require meaningful increases in graduation 
     rates over time, and does not require the graduation rates of 
     student subgroups to increase as part of Adequate Yearly 
     Progress (AYP) determinations.
       As a response, the Secretary of Education has created 
     proposed regulations to address these concerns. Although the 
     proposed regulations are a laudable step in the right 
     direction, we believe that the Every Student Counts Act is a 
     better approach to ensuring that all students are treated 
     equally in calculating graduation rates and for 
     accountability purposes.
       The Every Student Counts Act would do the following: 
     require a consistent and accurate calculation of graduation 
     rates across all fifty states to ensure comparability and 
     transparency; require that graduation rate calculations be 
     disaggregated for both accountability and reporting purposes 
     to ensure that school improvement activities focus on all 
     students and close achievement gaps; ensure that graduation 
     rates and test scores are treated equally in AYP 
     determinations; require aggressive, attainable, and uniform 
     annual growth requirements as part of AYP to ensure 
     consistent increases in graduation rates for all students; 
     recognize that some small numbers of students take longer 
     than four years to graduate and give credit to schools, 
     school districts and states for graduating those students 
     while maintaining the primacy of graduating the great 
     preponderance of all students in four years; and provide 
     incentives for schools, districts and states to create 
     programs to serve students who have already dropped out and 
     are over-age and undercredited.
       Again, we thank you for introducing the Every Student 
     Counts Act and for your leadership on this critical issue.
           Sincerely,
       Alliance for Excellent Education.
       American Foundation for the Blind.
       Association of University Center on Disabilities
       Bazelon Center for Mental Health Law
       Big Brothers Big Sisters
       Children and Adults with Attention-Deficit/Hyperactivity 
     Disorder (CHADD)
       Council for Learning Disabilities
       Disability Rights Education & Defense Fund
       Easter Seals
       First Focus
       GLSEN--the Gay, Lesbian and Straight Education Network
       Helen Keller National Center
       Higher Education Consortium for Special Education
       Learning Disabilities Association of America
       League of United Latin American Citizens
       Knowledge Alliance
       National Association for the Education of Homeless Children 
     and Youth
       National Center for Learning Disabilities, Inc.
       National Coalition on Deaf-Blindness
       National Collaboration for Youth
       National Forum to Accelerate Middle-Grades Reform
       Project GRAD
       Teacher Education Division of the Council for Exceptional 
     Children
       Teachers of English to Speakers of Other Languages, Inc. 
     (TESOL)
       The Advocacy Institute
       The Arc of the U.S.
       United Cerebral Palsy
       United Way of America
       YouthBuild USA
       Joel Klein, Chancellor, New York City Public Schools
       Joan L. Benson, President & CEO, Pennsylvania Partnerships 
     for Children
                                 ______
                                 
      By Mr. KERRY:
  S. 3628. A bill to amend title VII of the Civil Rights Act of 1964 to 
establish provisions with respect to religious accommodations in 
employment, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. KERRY. Mr. President, today I introduced a piece of legislation 
that

[[Page S9711]]

working on for over 10 years, the Workplace Religious Freedom Act.
  Religious pluralism is a source of strength for this country. It 
always has been. That is why I support the Workplace Religious Freedom 
Act or WRFA, as I have ever since I first introduced it back in 1996.
  My personal involvement with this issue goes back to two Catholic 
women working at a dog-racing track in Raynham, Massachusetts. They 
were fired from their jobs because they refused to work on Christmas 
Eve. They felt it was against their religion to do business that night. 
We need to pass WRFA to make it clear that here in America, living out 
your faith is not a reason to lose your job.
  The bill is designed to protect people just like those two women: 
workers suffering from on-the-job discrimination because of their 
religious beliefs and practices. It requires employers to make a 
reasonable accommodation for an employee's religious practice or 
observance, such as time off or dress. It protects, within reason, time 
off for religious observances. And it protects Yarmulkes, Hijabs, 
Turbans, Mormon garments--all the distinctive marks of our religious 
practices. All the things that everyone should be proud of and nobody 
should ever be forced to hide.
  All of us should have the freedom to abide by and to express our 
religious beliefs--they are crucial to our individual and communal 
identities, and collectively, they are a crucial part of our national 
identity as a diverse and tolerant country.
  Writing religious freedom into law is by necessity a balancing act 
between universal values--such as religious tolerance and equal 
treatment--with the particulars that each of our faiths demand of us. 
Just as religious scholars wonder whether God can create an 
indestructible rock and then destroy it, scholars of religious 
pluralism have to answer a similar riddle: does a pluralism that's 
based on tolerance, tolerate intolerance?
  Squaring this circle will always be a balancing act. Religious 
freedom in America doesn't mean the absolute right to impose your 
religion on others. With WRFA we have achieved that balance by 
protecting not only religious practices in the workplace but also by 
protecting those that don't share the same faith or choose not to 
practice at work.
  I find that if you look at the vast, vast majority of actual cases, 
protecting religious freedom turns out to be a matter of common sense.
  Consider the case of Jack Rosenberg, a 35-year-old Hasidic Jew from 
Rockland County, New York. Jack signed up for the Coast Guard and 
passed his training, only to .discover that he wasn't allowed to wear 
his yarmulke. ``As soon as I got sworn in and got ready to put on the 
uniform,'' Mr. Rosenberg said, ``the commander came to me and said it's 
going to be a problem.'' As Mr. Rosenberg said, ``If my religion 
requires it, ``there's not a choice.'' I agree: No American should 
raise his or religion with an employer and be told: ``it's going to be 
a problem.'' I am proud to say that the Coast Guard changed their 
regulations to allow for religious headgear. We fought for Jack 
Rosenberg and we won.
  Another case involves a server at a Red Robin restaurant who belongs 
to the ancient Egyptian Kemetic religion, which doesn't allow him to 
hide his religious tattoos. Red Robin fired him for a wrist tattoo less 
than a quarter-inch wide. In the end, he won in court and Red Robin 
agreed to train managers to better understand religious discrimination.
  This isn't about litigation. It is about protecting the right of free 
expression and ensuring that religious people feel comfortable in the 
workplace. We must never leave anyone with the idea that practicing 
one's religion and being American are in conflict. That is fundamental 
to how we live as Americans, and I will fight to make sure that our 
laws governing religious freedom are worthy of our values.
                                 ______
                                 
      By Mr. DURBIN:
  S. 3629. A bill to create a new Consumer Credit Safety Commission, to 
provide individual consumers of credit with better information and 
stronger protections, and to provide sellers of consumer credit with 
more regulatory certainty; to the Committee on Banking, Housing, and 
Urban Affairs.
  Mr. DURBIN. Mr. President, we are in difficult times. The 
administration has informed us that the financial markets stand on the 
brink of collapse and that Congress must act quickly to allow the 
Treasury to intervene in the markets. We must not simply bail out the 
companies whose subprime mortgage practices put us in this situation in 
the first place. Many of us are working to include help for homeowners 
in any stabilization we consider.
  But we must also look beyond the immediate crisis and take steps to 
prevent similar abuses and errors in the future. This crisis started 
when lenders sold too many faulty mortgages to families who had too 
little protection against such practices. Once this immediate crisis 
passes, Congress must act to ensure that this never happens again.
  Our financial system requires a fundamental overhaul, so that the 
needs of American families stand above the interests of Wall Street.
  To start that discussion, today I am introducing the Consumer Credit 
Safety Commission Act. This bill would put a single government agency 
in charge of ensuring that the offering of financial products to 
consumers is responsible, accountable, and transparent.
  This new agency would look out for consumers first, so that the Fed, 
the FDIC, and the rest of the alphabet soup of financial regulators can 
focus more effectively on the safety and soundness of our financial 
system while not letting consumer protection fall by the wayside.
  This agency would be able to move quickly to protect consumers from 
new predatory practices, much faster than Congress ever could. It would 
provide continuous oversight of the financial services market, and hold 
companies accountable when they abuse, deceive, or take advantage of 
the consumers they claim to be helping.
  Let me put it this way, as Harvard professor Elizabeth Warren has 
done: why is it that 1 in 10 toasters do not catch fire in our homes, 
but 1 in 10 home mortgages are failing? The answer is that toasters are 
properly regulated and financial products are not.
  I do not believe that the Government should regulate the freedom out 
of our markets, and I do not believe that we should eliminate prudent 
risk taking.
  On the contrary: moderate, sensible, and targeted regulation creates 
an environment in which the entrepreneurial spirit of America can 
thrive, but without the unnecessary booms and busts of the Wild West.
  The Consumer Credit Safety Commission will add consumer protection to 
the factors lenders must consider in creating and offering financial 
products. It will identify the practices that undermine sound markets 
and put a stop to them before they bring the entire financial market to 
its knees.
  Starting early next year, Congress will try to establish the 
oversight and accountability mechanisms that will foster a dynamic and 
more responsible environment for financial products. This bill provides 
us with a good place to start. I urge my colleagues to join me in 
sponsoring this legislation and working to create an agency that truly 
puts consumers first.
  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. 3629

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Consumer 
     Credit Safety Commission Act of 2008''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Establishment of Commission.
Sec. 5. Authorization of appropriations.
Sec. 6. Objectives and responsibilities.
Sec. 7. Coordination of enforcement.
Sec. 8. Authorities.
Sec. 9. Collaboration with Federal and State entities.
Sec. 10. Procedures and rulemaking.
Sec. 11. Prohibited acts.
Sec. 12. Penalties for violations.
Sec. 13. Reports.
Sec. 14. Effective date.

     SEC. 2. FINDINGS.

       The Congress finds that--

[[Page S9712]]

       (1) the Nation's multi-agency financial services regulatory 
     structure has created a dispersion of regulatory 
     responsibility, which in turn has led to an inadequate focus 
     on protecting consumers from inappropriate consumer credit 
     practices;
       (2) the absence of appropriate oversight has allowed 
     excessively costly or predatory consumer credit products to 
     flourish; and
       (3) the creation of a regulator whose sole focus is the 
     safety of consumer credit products would help address this 
     lack of consumer protection.

     SEC. 3. DEFINITIONS.

       For purposes of this Act--
       (1) the term ``consumer credit'' includes--
       (A) any payment compensating a creditor or prospective 
     creditor, or an agent or affiliate thereof, for an extension 
     of credit or making available a line of credit;
       (B) any fees connected with credit extension or 
     availability, such as numerical periodic rates, late fees, 
     creditor-imposed not sufficient funds fees charged when a 
     borrower tenders payment on a debt with a check drawn on 
     insufficient funds, over limit fees, annual fees, cash 
     advance fees, or membership fees;
       (C) any fees which constitute a finance charge;
       (D) credit insurance premiums;
       (E) all charges and costs for ancillary products sold in 
     connection with or incidental to the credit transaction; and
       (F) any direct or indirect fee, cost, or charge incurred 
     in, in connection with, or ancillary to a consumer payment 
     system, including but not exclusive to merchant discount 
     fees, interchange fees, debit card fees, check-writing fees, 
     automated clearinghouse fees, payment-by-phone fees, internet 
     payment intermediary fees, and remote deposit capture fees;
       (2) the term ``relevant congressional committees'' means 
     the Committee on Banking, Housing, and Urban Affairs and the 
     Subcommittee on Financial Services and General Government of 
     the Committee on Appropriations of the Senate, and the 
     Committee on Financial Services and the Subcommittee on 
     Financial Services and General Government of the Committee on 
     Appropriations of the House of Representatives, and any 
     successor committees as may be constituted;
       (3) the term ``creditor'' has the same meaning as in 
     section 103 of the Truth in Lending Act (15 U.S.C. 1602);
       (4) the term ``finance charge'' has the same meaning as in 
     section 106 of the Truth in Lending Act (15 U.S.C. 1605); and
       (5) the term ``consumer'' means any natural person and any 
     small business concern, as defined in section 3 of the Small 
     Business Act (15 U.S.C. 632).

     SEC. 4. ESTABLISHMENT OF COMMISSION.

       (a) Establishment; Chairperson.--
       (1) In general.--An independent regulatory commission is 
     hereby established, to be known as the ``Consumer Credit 
     Safety Commission'' (in this Act referred to as the 
     ``Commission''), consisting of 5 Commissioners appointed by 
     the President, by and with the advice and consent of the 
     Senate.
       (2) Membership.--In making appointments to the Commission, 
     the President shall consider individuals who, by reason of 
     their background and expertise in areas related to consumer 
     credit, are qualified to serve as members of the Commission.
       (3) Chairperson.--The Chairperson shall be appointed by the 
     President, by and with the advice and consent of the Senate, 
     from among the members of the Commission. An individual may 
     serve as a member of the Commission and as Chairperson at the 
     same time.
       (4) Removal.--Any member of the Commission may be removed 
     by the President for neglect of duty or malfeasance in 
     office, but for no other cause.
       (b) Term; Vacancies.--
       (1) In general.--Except as provided in paragraph (2)--
       (A) the Commissioners first appointed under this section 
     shall be appointed for terms ending 3, 4, 5, 6, and 7 years, 
     respectively, after the date of enactment of this Act, the 
     term of each to be designated by the President at the time of 
     nomination; and
       (B) each of their successors shall be appointed for a term 
     of 5 years from the date of the expiration of the term for 
     which the predecessor was appointed.
       (2) Limitations.--Any Commissioner appointed to fill a 
     vacancy occurring prior to the expiration of the term for 
     which his predecessor was appointed shall be appointed only 
     for the remainder of such term. A Commissioner may continue 
     to serve after the expiration of this term until a successor 
     has taken office, except that such Commissioner may not 
     continue to serve more than 1 year after the date on which 
     the term of that Commissioner would otherwise expire under 
     this subsection.
       (c) Restrictions on Outside Activities.--
       (1) Political affiliation.--Not more than 3 of the 
     Commissioners shall be affiliated with the same political 
     party.
       (2) Conflicts of interest.--No individual may hold the 
     office of Commissioner if that individual--
       (A) is in the employ of, or holding any official relation 
     to, or married to any person engaged in selling or devising 
     consumer credit;
       (B) owns stock or bonds of substantial value in a person so 
     engaged;
       (C) is in any other manner pecuniarily interested in such a 
     person, or in a substantial supplier of such a person; or
       (D) engages in any other business, vocation, or employment.
       (d) Quorum; Seal; Vice Chairperson.--
       (1) Quorum.--No vacancy in the Commission shall impair the 
     right of the remaining Commissioners to exercise all the 
     powers of the Commission, but 3 members of the Commission 
     shall constitute a quorum for the transaction of business, 
     except that if there are only 3 members serving on the 
     Commission because of vacancies in the Commission, 2 members 
     of the Commission shall constitute a quorum for the 
     transaction of business, and if there are only 2 members 
     serving on the Commission because of vacancies in the 
     Commission, 2 members shall constitute a quorum for the 6-
     month period (or the 1-year period, if the 2 members are not 
     affiliated with the same political party) beginning on the 
     date of the vacancy which caused the number of Commission 
     members to decline to 2.
       (2) Seal.--The Commission shall have an official seal of 
     which judicial notice shall be taken.
       (3) Vice chairperson.--The Commission shall annually elect 
     a Vice Chairperson to act in the absence or disability of the 
     Chairperson or in case of a vacancy in the office of the 
     Chairperson.
       (e) Offices.--The Commission shall maintain a principal 
     office and such field offices as it deems necessary, and may 
     meet and exercise any of its powers at any other place.
       (f) Functions of Chairperson; Request for Appropriations.--
       (1) Duties.--The Chairperson of the Commission shall be the 
     principal executive officer of the Commission, and shall 
     exercise all of the executive and administrative functions of 
     the Commission, including functions of the Commission with 
     respect to--
       (A) the appointment and supervision of personnel employed 
     under the Commission (and the Commission shall fix their 
     compensation at a level comparable to that for employees of 
     the Securities and Exchange Commission;
       (B) the distribution of business among personnel appointed 
     and supervised by the Chairperson and among administrative 
     units of the Commission; and
       (C) the use and expenditure of funds.
       (2) Governance.--In carrying out any of the functions of 
     the Chairperson under this subsection, the Chairperson shall 
     be governed by general policies of the Commission and by such 
     regulatory decisions, findings, and determinations as the 
     Commission may, by law, be authorized to make.
       (3) Requests for appropriations.--Requests or estimates for 
     regular, supplemental, or deficiency appropriations on behalf 
     of the Commission may not be submitted by the Chairperson 
     without the prior approval of the Commission.
       (g) Agenda and Priorities; Establishment and Comments.--At 
     least 30 days before the beginning of each fiscal year, the 
     Commission shall establish an agenda for Commission action 
     under its jurisdiction and, to the extent feasible, shall 
     establish priorities for such actions. Before establishing 
     such agenda and priorities, the Commission shall conduct a 
     public hearing on the agenda and priorities, and shall 
     provide reasonable opportunity for the submission of 
     comments.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated for purposes of 
     carrying out this Act such sums as may be necessary.

     SEC. 6. OBJECTIVES AND RESPONSIBILITIES.

       (a) Objectives.--The objectives of the Commission are--
       (1) to minimize unreasonable consumer risk associated with 
     buying and using consumer credit;
       (2) to prevent and eliminate unfair practices that lead 
     consumers to incur unreasonable, inappropriate, or excessive 
     debt, or make it difficult for consumers to escape existing 
     debt, including practices or product features that are 
     abusive, fraudulent, unfair, deceptive, predatory, 
     anticompetitive, or otherwise inconsistent with consumer 
     protection;
       (3) to promote practices that assist and encourage 
     consumers to use credit responsibly, avoid excessive debt, 
     and avoid unnecessary or excessive charges derived from or 
     associated with credit products;
       (4) to ensure that credit history is maintained, reported, 
     and used fairly and accurately;
       (5) to maintain strong privacy protections for consumer 
     credit transactions, credit history, and other personal 
     information associated with the use of consumer credit;
       (6) to collect, investigate, resolve, and inform the public 
     about consumer complaints regarding consumer credit;
       (7) to ensure a fair system of consumer dispute resolution 
     in consumer credit; and
       (8) to take such other steps as are reasonable to protect 
     consumers of credit products.
       (b) Responsibilities.--The Commission shall--
       (1) promulgate consumer credit safety rules that--
       (A) ban abusive, fraudulent, unfair, deceptive, predatory, 
     anticompetitive, or otherwise anti-consumer practices or 
     product features for creditors;
       (B) place reasonable restrictions on consumer credit 
     practices or product features to reduce the likelihood that 
     they may be provided in a manner that is inconsistent with 
     the objectives specified in subsection (a); and
       (C) establish requirements for such clear and adequate 
     warnings or other information,

[[Page S9713]]

     and the form of such warnings or other information, as may be 
     appropriate to advance the objectives specified in subsection 
     (a);
       (2) establish and maintain a best practices guide for all 
     providers of consumer credit;
       (3) conduct such continuing studies and investigations of 
     consumer credit industry practices as it deems necessary;
       (4) award grants or enter into contracts for the conduct of 
     such studies and investigations with any person (including a 
     governmental entity);
       (5) following publication of an advance notice of proposed 
     rulemaking, a notice of proposed rulemaking, or a rule under 
     any rulemaking authority administered by the Commission, 
     assist public and private organizations or groups of consumer 
     credit providers, administratively and technically, in the 
     development of consumer credit safety standards or guidelines 
     that would assist such providers in complying with such rule; 
     and
       (6) establish and operate a consumer credit customer 
     hotline which consumers can call to register complaints and 
     receive information on how to combat anti-consumer consumer 
     credit.

     SEC. 7. COORDINATION OF ENFORCEMENT.

       (a) In General.--Notwithstanding any concurrent or similar 
     authority of any other agency, the Commission shall enforce 
     the requirements of this Act.
       (b) Rule of Construction.--The authority granted to the 
     Commission to make and enforce rules under this Act shall not 
     be construed to impair the authority of any other Federal 
     agency to make and enforce rules under any other provision of 
     law, provided that any portion of any rule promulgated by any 
     other such agency that conflicts with a rule promulgated by 
     the Commission and that is less protective of consumers than 
     the rule promulgated by the Commission shall be superseded by 
     the stronger rule promulgated by the Commission, to the 
     extent of the conflict. Any portion of any rule promulgated 
     by any other such agency that is not superseded by a rule 
     promulgated by the Commission shall remain in force without 
     regard to this Act.
       (c) Agency Authority.--Any agency designated in subsection 
     (d) may exercise, for the purpose of enforcing compliance 
     with any requirement imposed under this Act, any authority 
     conferred on such agency by any other Act.
       (d) Designated Agencies.--The agencies designated in this 
     subsection are--
       (1) the Board of Governors of the Federal Reserve System;
       (2) the Federal Deposit Insurance Corporation;
       (3) the Office of the Comptroller of the Currency;
       (4) the Office of Thrift Supervision;
       (5) the National Credit Union Administration;
       (6) the Federal Housing Finance Authority;
       (7) the Federal Housing Administration;
       (8) the Secretary of Housing and Urban Development;
       (9) the Federal Home Loan Bank Board; and
       (10) the Federal Trade Commission.

     SEC. 8. AUTHORITIES.

       (a) Authority To Conduct Hearings or Other Inquiries.--The 
     Commission may, by one or more of its members or by such 
     agents or agency as it may designate, conduct any hearing or 
     other inquiry necessary or appropriate to its functions 
     anywhere in the United States. A Commissioner who 
     participates in such a hearing or other inquiry shall not be 
     disqualified solely by reason of such participation from 
     subsequently participating in a decision of the Commission in 
     the same matter. The Commission shall publish notice of any 
     proposed hearing in the Federal Register, and shall afford a 
     reasonable opportunity for interested persons to present 
     relevant testimony and data.
       (b) Commission Powers; Orders.--The Commission shall have 
     the power--
       (1) to require, by special or general orders, any person to 
     submit in writing such reports and answers to questions as 
     the Commission may prescribe to carry out a specific 
     regulatory or enforcement function of the Commission, and 
     such submission shall be made within such reasonable period 
     and under oath or otherwise as the Commission may determine, 
     and such order shall contain a complete statement of the 
     reasons that the Commission requires the report or answers 
     specified in the order to carry out a specific regulatory or 
     enforcement function of the Commission, and shall be designed 
     to place the least burden on the person subject to the order 
     as is practicable, taking into account the purpose for which 
     the order was issued;
       (2) to administer oaths;
       (3) to require by subpoena the attendance and testimony of 
     witnesses and the production of all documentary evidence 
     relating to the execution of its duties;
       (4) in any proceeding or investigation to order testimony 
     to be taken by deposition before any person who is designated 
     by the Commission and has the power to administer oaths and, 
     in such instances, to compel testimony and the production of 
     evidence in the same manner as authorized under paragraph 
     (3);
       (5) to pay witnesses the same fees and mileage as are paid 
     in like circumstances in the courts of the United States;
       (6) to accept voluntary and uncompensated services relevant 
     to the performance of the Commission's duties, 
     notwithstanding the provisions of section 1342 of title 31, 
     United States Code, and to accept voluntary and uncompensated 
     services (but not gifts) relevant to the performance of the 
     Commission's duties, provided that any such services shall 
     not be from parties that have or are likely to have business 
     before the Commission;
       (7) to--
       (A) initiate, prosecute, defend, intervene in, or appeal 
     (other than to the Supreme Court of the United States), 
     through its own legal representative and in the name of the 
     Commission, any civil action if the Commission makes a 
     written request to the Attorney General of the United States 
     for representation in such civil action and the Attorney 
     General does not within the 45-day period beginning on the 
     date such request was made notify the Commission in writing 
     that the Attorney General will represent the Commission in 
     such civil action; and
       (B) whenever the Commission obtains evidence that any 
     person, partnership, or corporation, either domestic or 
     foreign, has engaged in conduct that may constitute a 
     violation of Federal criminal law, including a violation of 
     section 11 of this Act, transmit such evidence to the 
     Attorney General of the United States, who may institute 
     criminal proceedings under appropriate statutes; and
       (8) to delegate any of its functions or powers, other than 
     the power to issue subpoenas under paragraph (3), to any 
     officer or employee of the Commission.
       (c) Noncompliance With Subpoena or Commission Order; 
     Contempt.--Any United States district court within the 
     jurisdiction of which any inquiry is carried on, may, upon 
     petition by the Commission (subject to subsection (b)(7)) or 
     by the Attorney General of the United States, in case of 
     refusal to obey a subpoena or order of the Commission issued 
     under subsection (b), issue an order requiring compliance 
     therewith. Any failure to obey the order of the court may be 
     punished by the court as a contempt thereof.
       (d) Disclosure of Information.--No person shall be subject 
     to civil liability to any person (other than the Commission 
     or the United States) for disclosing information to the 
     Commission.
       (e) Customer and Revenue Data.--The Commission may by rule 
     require any provider of consumer credit to provide to the 
     Commission such customer and revenue data as may be required 
     to carry out the purposes of this Act.
       (f) Purchase of Consumer Credit by Commission.--For 
     purposes of carrying out this Act, the Commission may 
     purchase any consumer credit, and it may require any provider 
     of consumer credit to sell the service to the Commission at 
     cost.
       (g) Contract Authority.--The Commission is authorized to 
     enter into contracts with governmental entities, private 
     organizations, or individuals for the conduct of activities 
     authorized by this Act.
       (h) Budget Estimates and Requests; Legislative 
     Recommendations; Testimony; Comments on Legislation.--
       (1) Budget copies to congress.--Whenever the Commission 
     submits any budget estimate or request to the President or 
     the Office of Management and Budget, it shall concurrently 
     transmit a copy of that estimate or request to the relevant 
     congressional committees.
       (2) Legislative recommendation.--Whenever the Commission 
     submits any legislative recommendations, or testimony, or 
     comments on legislation to the President or the Office of 
     Management and Budget, it shall concurrently transmit a copy 
     thereof to the relevant congressional committees. No officer 
     or agency of the United States shall have any authority to 
     require the Commission to submit its legislative 
     recommendations, or testimony, or comments on legislation, to 
     any officer or agency of the United States for approval, 
     comments, or review, prior to the submission of such 
     recommendations, testimony, or comments to the relevant 
     congressional committees.

     SEC. 9. COLLABORATION WITH FEDERAL AND STATE ENTITIES.

       (a) Preemption.--Nothing in this Act or any rule 
     promulgated thereunder may be construed to preempt any 
     provision of State law that provides equal or greater 
     protection to consumers than is provided in this Act.
       (b) Programs To Promote Federal-State Cooperation.--The 
     Commission shall establish a program to promote Federal-State 
     cooperation for the purposes of carrying out this Act. In 
     implementing such program, the Commission may--
       (1) accept from any State or local authority engaged in 
     activities relating to consumer credit protection assistance 
     in such functions as data collection, investigation, and 
     educational programs, as well as other assistance in the 
     administration and enforcement of this Act which such States 
     or localities may be able and willing to provide and, if so 
     agreed, may pay in advance or otherwise for the reasonable 
     cost of such assistance; and
       (2) commission any qualified officer or employee of any 
     State or local agency as an officer of the Commission for the 
     purpose of conducting investigations.
       (c) Cooperation of Federal Departments and Agencies.--The 
     Commission may obtain from any Federal department or agency 
     such statistics, data, program reports, and other materials 
     as it may deem necessary to carry out its functions under 
     this Act. Each such department or agency shall cooperate with 
     the Commission and, to the extent permitted by law, furnish 
     such materials to it. The Commission and the heads of other 
     departments and agencies engaged in administering programs 
     related to consumer credit

[[Page S9714]]

     safety shall, to the maximum extent practicable, cooperate 
     and consult in order to ensure fully coordinated efforts.

     SEC. 10. PROCEDURES AND RULEMAKING.

       (a) Commencement of Proceeding; Publication of Prescribed 
     Notice of Proposed Rulemaking; Transmittal of Notice.--A 
     proceeding for the development of a consumer credit safety 
     rule shall be commenced by the publication in the Federal 
     Register of an advance notice of proposed rulemaking which 
     shall--
       (1) identify the objective or objectives specified in 
     section 6(a) for the consumer credit safety rule;
       (2) include a summary of each of the regulatory 
     alternatives under consideration by the Commission;
       (3) include information with respect to any existing 
     voluntary standard known to the Commission which may be 
     relevant to the proceedings, together with a summary of the 
     reasons why the Commission believes preliminarily that such 
     standard does not achieve an objective identified in 
     paragraph (1);
       (4) invite interested persons to submit to the Commission, 
     within such period as the Commission shall specify in the 
     notice (which period shall not be shorter than 30 days or 
     longer than 60 days after the date of publication of the 
     notice), comments with respect to the proposed rulemaking, 
     the regulatory alternatives being considered, and other 
     possible alternatives for achieving the objective or 
     objectives identified in paragraph (1); and
       (5) invite any person (other than the Commission) to submit 
     to the Commission, within such period as the Commission shall 
     specify in the notice (which period shall not be less than 30 
     days after the date of publication of the notice), an 
     existing voluntary standard or a portion of such a standard 
     as a proposed consumer credit safety rule.
       (b) Transmittal to Congress.--The Commission shall transmit 
     such notice within 10 calendar days to the relevant 
     congressional committees.
       (c) Voluntary Standard; Publication as Proposed Rule; 
     Notice of Reliance of Commission on Standard.--If the 
     Commission determines that any standard submitted to it in 
     response to an invitation in a notice published under 
     subsection (a)(5) if promulgated (in whole, in part, or in 
     combination with any other standard submitted to the 
     Commission or any part of such a standard) as a consumer 
     credit safety rule, would achieve the objective or objectives 
     identified in paragraph (1), the Commission may publish such 
     standard, in whole, in part, or in such combination and with 
     nonmaterial modifications, as a proposed consumer credit 
     safety rule.
       (d) Publication of Proposed Rule; Preliminary Regulatory 
     Analysis; Contents.--No consumer credit safety rule may be 
     proposed by the Commission unless, not later than 60 days 
     after the date of publication of the notice required in 
     subsection (a), the Commission publishes in the Federal 
     Register the text of the proposed rule, including any 
     alternatives, which the Commission proposes to promulgate, 
     together with a preliminary regulatory analysis containing--
       (1) a preliminary description of the potential benefits and 
     potential costs of the proposed rule, including any benefits 
     or costs that cannot be quantified in monetary terms, and an 
     identification of those likely to receive the benefits and 
     bear the costs;
       (2) a discussion of the reasons any standard or portion of 
     a standard submitted to the Commission under subsection 
     (a)(5) was not published by the Commission as the proposed 
     rule or part of the proposed rule; and
       (3) a description of any reasonable alternatives to the 
     proposed rule, together with a summary description of their 
     potential costs and benefits, and a brief explanation of why 
     such alternatives should not be published as a proposed rule.
       (e) Transmittal of Notice.--The Commission shall transmit 
     such notice not later than 10 calendar days after the date of 
     publication of the notice to the relevant congressional 
     committees.
       (f) Final Issuance.--Any proposed consumer credit safety 
     rule shall be issued within 12 months after the date of 
     publication of an advance notice of proposed rulemaking under 
     subsection (a) relating to the consumer credit involved, 
     unless the Commission determines that such proposed rule is 
     not a reasonable means of achieving the objective or 
     objectives identified in subsection (a)(1) with respect to 
     such proposed rule or an objective specified in section 6(a), 
     or is not in the public interest. The Commission may extend 
     that 12-month period for good cause. If the Commission 
     extends such period, it shall immediately transmit notice of 
     such extension to the relevant congressional committees. Such 
     notice shall include an explanation of the reasons for such 
     extension, together with an estimate of the date by which the 
     Commission anticipates such rulemaking will be completed. The 
     Commission shall publish a notice of such extension and the 
     information submitted to the Congress in the Federal 
     Register.
       (g) Promulgation of Rule.--
       (1) Timing.--Not later than 60 days after the date of 
     publication under subsection (c) of a proposed consumer 
     credit safety rule, the Commission shall--
       (A) promulgate a consumer credit safety rule, if it makes 
     the findings required under subsection (h); or
       (B) withdraw the applicable notice of proposed rulemaking 
     if it determines that such rule is not--
       (i) a reasonable means of achieving the objective or 
     objectives identified in subsection (a)(1) with respect to 
     such proposed rule or an objective specified in section 6(a); 
     or
       (ii) in the public interest.
       (2) Extension.--The Commission may extend such 60-day 
     period in paragraph (1) for good cause shown (if it publishes 
     its reasons therefor in the Federal Register).
       (3) Title 5.--Consumer credit safety rules shall be 
     promulgated in accordance with section 553 of title 5, United 
     States Code, except that the Commission shall give interested 
     persons an opportunity for the oral presentation of data, 
     views, or arguments, in addition to an opportunity to make 
     written submissions. A transcript shall be kept of any oral 
     presentation.
       (h) Expression of Objective; Consideration of Available 
     Product Data; Needs of Elderly and Handicapped.--
       (1) Objectives.--A consumer credit safety rule shall 
     express in the rule itself the objectives identified in 
     subsection (a)(1) with respect to such rule.
       (2) Considerations.--In promulgating such a rule, the 
     Commission shall--
       (A) consider relevant available data, including the results 
     of investigation activities conducted generally and pursuant 
     to this Act; and
       (B) consider and take into account the special needs of 
     elderly individuals and individuals with disabilities to 
     determine the extent to which such persons may be affected by 
     such rule.
       (i) Findings; Final Regulatory Analysis; Judicial Review of 
     Rule.--
       (1) Findings.--Prior to promulgating a consumer credit 
     safety rule, the Commission shall consider, and shall make 
     appropriate findings for inclusion in such rule with respect 
     to--
       (A) the degree and nature of the benefit to consumer 
     protection that the rule is designed to achieve or promote;
       (B) the approximate number of consumer credit products, or 
     types or classes thereof, subject to such rule;
       (C) the need of the public for the consumer credit product 
     subject to such rule, and the probable effect of such rule 
     upon the utility, cost, or availability of such services to 
     meet such need; and
       (D) any means of achieving the objective of the order while 
     minimizing adverse effects on competition or disruption or 
     dislocation of the provision of consumer credit.
       (2) Regulatory analysis.--The Commission shall not 
     promulgate a consumer credit safety rule, unless it--
       (A) has prepared, on the basis of the findings of the 
     Commission under paragraph (1) and on other information 
     before the Commission, a final regulatory analysis of the 
     rule containing--
       (i) a description of the potential benefits and potential 
     costs of the rule, including costs and benefits that cannot 
     be quantified in monetary terms, and the identification of 
     those likely to receive the benefits and bear the costs;
       (ii) a description of any alternatives to the final rule 
     which were considered by the Commission, together with a 
     brief explanation of the reasons why these alternatives were 
     not chosen; and
       (iii) a summary of any significant issues raised by the 
     comments submitted during the public comment period in 
     response to the preliminary regulatory analysis, and a 
     summary of the assessment by the Commission of such issues;
       (B) finds (and includes such finding in the rule)--
       (i) that the rule (including its effective date) is 
     reasonably appropriate to achieve an objective identified in 
     subsection (a)(1) with respect to such proposed rule or 
     specified in section 6(a);
       (ii) that the promulgation of the rule is in the public 
     interest; and
       (iii) that the benefits expected from the rule bear a 
     reasonable relationship to its costs.
       (3) Publication.--The Commission shall publish its final 
     regulatory analysis with the rule.
       (4) Limit on judicial review.--Any preliminary or final 
     regulatory analysis prepared under subsection (c) or (i)(2) 
     shall not be subject to independent judicial review, except 
     that when an action for judicial review of a rule is 
     instituted, the contents of any such regulatory analysis 
     shall constitute part of the whole rulemaking record of 
     agency action in connection with such review. The provisions 
     of this paragraph shall not be construed to alter the 
     substantive or procedural standards otherwise applicable to 
     judicial review of any action by the Commission.
       (j) Effective Date.--Each consumer credit safety rule shall 
     specify the date on which such rule is to take effect, not to 
     exceed 180 days from the date on which it is issued in final 
     form, unless the Commission finds, for good cause shown, that 
     a later effective date is in the public interest and 
     publishes its reasons for such finding. The effective date of 
     a consumer credit safety rule under this Act shall be set at 
     a date that is at least 30 days after the date of issuance in 
     final form, unless the Commission for good cause shown 
     determines that an earlier effective date is in the public 
     interest. In no case may the effective date be set at a date 
     which is earlier than the date of issuance in final form.
       (k) Amendment or Revocation of Rule.--The Commission may, 
     by rule, amend or revoke any consumer credit safety rule. 
     Such amendment or revocation shall specify the

[[Page S9715]]

     date on which it is to take effect, which shall not exceed 
     180 days from the date on which the amendment or revocation 
     is published, unless the Commission finds for good cause 
     shown that a later effective date is in the public interest 
     and publishes its reasons for such finding. Where an 
     amendment involves a material change in a consumer credit 
     safety rule, subsections (a) through (h) shall apply. In 
     order to revoke a consumer credit safety rule, the Commission 
     shall publish a proposal to revoke such rule in the Federal 
     Register, and allow oral and written presentations in 
     accordance with subsection (d)(2). The Commission may revoke 
     such rule only if it determines that the rule is not a 
     reasonable means of achieving an objective identified in 
     subsection (a)(1) with respect to such proposed rule or an 
     objective specified in subsection 6(a).
       (l) Petition to Initiate Rulemaking.--The Commission shall 
     grant, in whole or in part, or deny any petition under 
     section 553 (e) of title 5, United States Code, requesting 
     the Commission to initiate a rulemaking, within a reasonable 
     time after the date on which such petition is filed. The 
     Commission shall state the reasons for granting or denying 
     such petition.

     SEC. 11. PROHIBITED ACTS.

       It shall be unlawful for any person--
       (1) to advertise for or offer for sale any consumer credit 
     which is not in conformity with an applicable consumer credit 
     safety rule under this Act;
       (2) to advertise for or offer for sale any consumer 
     credit--
       (A) which has been declared a banned product by a rule 
     under this Act;
       (B) in a manner that does not comply with any requirements 
     for the provision of any warnings or other information 
     regarding such credit; or
       (3) to fail or refuse to permit access to or copying of 
     records, or fail or refuse to establish or maintain records, 
     or fail or refuse to make reports or provide information to 
     the Commission as required under this Act or any rule 
     thereunder, other than section 9.

     SEC. 12. PENALTIES FOR VIOLATIONS.

       (a) Criminal Penalties.--
       (1) Knowing and willful violations.--Any person who 
     knowingly and willfully violates section 11 after having 
     received notice of noncompliance from the Commission shall be 
     fined not more than $500,000 or be imprisoned not more than 
     one year, or both.
       (2) Executives and agents.--Any individual director, 
     officer, or agent of a corporation who knowingly and 
     willfully authorizes, orders, or performs any of the acts or 
     practices constituting in whole or in part a violation of 
     section 11, and who has knowledge of notice of noncompliance 
     received by the corporation from the Commission, shall be 
     subject to penalties under this section, without regard to 
     any penalties to which that corporation may be otherwise 
     subject.
       (b) Civil Penalties.--
       (1) In general.--Any person who violates section 11 shall 
     be subject to a civil penalty to be established at the 
     discretion of the Commission. A violation of section 11 shall 
     constitute a separate civil offense with respect to each 
     consumer credit transaction involved.
       (2) Publication of schedule of penalties.--Not later than 
     December 1, 2009, and December 1 of each fifth calendar year 
     thereafter, the Commission shall prescribe and publish in the 
     Federal Register a schedule of maximum authorized penalties 
     that shall apply for violations that occur after January 1 of 
     the year immediately following such publication.
       (3) Relevant factors in determining amount of penalty.--In 
     determining the amount of any penalty to be sought upon 
     commencing an action seeking to assess a penalty for a 
     violation of section 11, the Commission shall consider the 
     nature of the consumer credit product or service, the 
     severity of the unreasonable risk to the consumer, the number 
     of products or services sold or distributed, and the 
     appropriateness of such penalty in relation to the size of 
     the business of the person charged.
       (4) Compromise of penalty; deductions from penalty.--Any 
     civil penalty under this section may be compromised by the 
     Commission. In determining the amount of such penalty or 
     whether it should be remitted or mitigated and in what 
     amount, the Commission shall consider the appropriateness of 
     such penalty to the size of the business of the person 
     charged, the nature of the consumer credit, the severity of 
     the unreasonable risk to the consumer, the occurrence or 
     absence of consumer injury, and the number of offending 
     products or services sold. The amount of such penalty when 
     finally determined, or the amount agreed on compromise, may 
     be deducted from any sums owing by the United States to the 
     person charged.
       (c) Collection and Use of Penalties.--The Commission shall 
     retain ownership over criminal and civil fees collected and 
     shall apply these fees to defray the costs of the 
     Commission's operation or, where appropriate, provide 
     restitution for harmed consumers.

     SEC. 13. REPORTS.

       (a) Reports to the Public.--The Commission shall determine 
     what reports should be produced and distributed to the public 
     on a recurring and ad hoc basis, and shall prepare and 
     publish such reports on a web site that provides free access 
     to the general public.
       (b) Report to President and Congress.--The Commission shall 
     prepare and submit to the President and the relevant 
     congressional committees at the beginning of each regular 
     session of Congress a comprehensive report on the 
     administration of this Act for the preceding fiscal year. 
     Such report shall include--
       (1) a thorough appraisal, including statistical analyses, 
     estimates, and long-term projections, of the incidence and 
     effects of practices associated with the provision of 
     consumer credit that are inconsistent with the objectives 
     specified in section 6(a), with a breakdown, insofar as 
     practicable, among the various sources of injury as the 
     Commission finds appropriate;
       (2) a list of consumer credit safety rules prescribed or in 
     effect during such year;
       (3) an evaluation of the degree of observance of consumer 
     credit safety rules, including a list of enforcement actions, 
     court decisions, and compromises of civil penalties, by 
     location and company name;
       (4) a summary of outstanding problems confronting the 
     administration of this Act in order of priority;
       (5) an analysis and evaluation of public and private 
     consumer credit safety research activities;
       (6) a list, with a brief statement of the issues, of 
     completed or pending judicial actions under this Act;
       (7) the extent to which technical information was 
     disseminated to the scientific and consumer credit 
     communities and consumer information was made available to 
     the public;
       (8) the extent of cooperation between Commission officials 
     and representatives of industry and other interested parties 
     in the implementation of this Act, including a log or summary 
     of meetings held between Commission officials and 
     representatives of industry and other interested parties;
       (9) an appraisal of significant actions of State and local 
     governments relating to the responsibilities of the 
     Commission;
       (10) with respect to voluntary consumer credit safety 
     standards promulgated as consumer safety rules under section 
     10(c), a description of--
       (A) the number of such standards adopted as rules; and
       (B) the nature and number of the consumer credit products 
     and services which are the subject of such adopted rules and 
     the approximate number of consumers affected;
       (11) such recommendations for additional legislation as the 
     Commission deems necessary to carry out the purposes of this 
     Act; and
       (12) the extent of cooperation with and the joint efforts 
     undertaken by the Commission in conjunction with other 
     regulators with whom the Commission shares responsibilities 
     for consumer credit safety.

     SEC. 14. EFFECTIVE DATE.

       This Act shall be effective 120 days after the date of 
     enactment of this Act.
                                 ______
                                 
      By Mr. BROWN:
  S. 3633. A bill to amend the Federal Food, Drug, and Cosmetic Act to 
require country of origin labeling on prescription and over-the-counter 
drugs; to the Committee on Health, Education, Labor, and Pensions.
  Mr. BROWN. Mr. President, in the past year, 149 Americans died after 
taking tainted Heparin, a widely used blood thinner. It was later 
learned--as reported in the New York Times--that the contaminant 
derived from pig intestines was produced in ``largely unregulated'' 
Chinese workshops. Unfortunately, Heparin is not the only drug that 
relies on this dangerous brand of outsourcing. More and more, drug 
companies are taking advantage of cheap labor and weak safety standards 
found outside of the U.S. to manufacture the pharmaceuticals later used 
in American hospitals and households. According to a Pfizer 
representative who testified before the Senate Committee on Health, 
Education, Labor and Pensions in April, Pfizer outsources the 
manufacture of 17 percent of its drug products.
  Consumers have a right to know where their drugs are produced. That 
is why I am today introducing the Transparency in Drug Labeling Act. 
This bill would require country-of-origin labeling for both active and 
inactive ingredients on all pharmaceuticals, both prescription and 
over-the-counter. These new drug labels would list all the countries 
that played a role in the manufacturing of ingredients for the drug. 
The order of the list would be determined by the percentage of the drug 
produced in each country, with the largest contributors appearing at 
the top.
  This bill would raise consumers' awareness of where their drugs are 
being produced. It would also allow companies who produce their drugs 
in the U.S. to advertise that fact. Drug companies that produce their 
drugs in the U.S. and follow the corresponding safety and regulatory 
standards should be rewarded with increased consumer confidence in 
their products.

[[Page S9716]]

  This bill takes a proactive approach to keeping Americans safe in our 
global, interdependent economy. When we import from overseas, we are 
importing the health, labor and environmental standards of those 
countries as well. Consumers have a right to know where their 
medications originate. This bill would satisfy that reasonable demand.
                                 ______
                                 
  By Mr. LAUTENBERG (for himself and Mr. Menendez):
  S. 3634. A bill to reduce gun trafficking by prohibiting bulk 
purchases of handguns; to the Committee on the Judiciary.
  Mr. LAUTENBERG. Mr. President, I rise to introduce the End Gun 
Trafficking Act of 2008. I am proud to be joined by my colleague from 
New Jersey, Senator Menendez, in introducing this bill.
  Trafficking in illegal guns is a serious problem that fuels crime, 
drug activity, and gang violence in our communities and on our streets.
  Under current Federal law, gun purchasers are able to buy--and gun 
dealers are able to sell--unlimited numbers of handguns. All too 
frequently, these bulk handgun purchasers turn around and sell those 
handguns on the black market. The guns are sold to criminals and gang 
members--people who are barred under Federal law from buying guns 
themselves.
  This pipeline of illegal guns threatens States' abilities to protect 
their own residents, as guns are often purchased in bulk in States with 
weak gun laws and sold to criminals in States with tougher gun laws.
  My State of New Jersey has some of the strongest gun violence 
prevention laws in the country, including a ban on assault weapons, 
child access prevention requirements, and permitting requirements for 
gun ownership. Unfortunately, because of the gun trafficking pipeline, 
illegal weapons make their way onto New Jersey's streets and place all 
New Jerseyans in danger.
  In 2007, 72 percent of the guns recovered from New Jersey crime 
scenes that were traced by the Bureau of Alcohol, Tobacco, Firearms, 
and Explosives came from out of State. Just six States accounted for 
nearly 50 percent of those traced guns.
  As these numbers make all too clear, we will only give full effect to 
New Jersey's and other State's effort protect their residents when we 
shut down the ``iron pipeline'' of gun trafficking. To stop gun 
trafficking, we must stop the bulk sales of handguns.
  The legislation that I introduce today would do exactly that. The End 
Gun Trafficking Act of 2008 would limit gun buyers to one handgun every 
30 days.
  This ``one-handgun-a-month'' approach is proven. Today, States--
Virginia, Maryland, and California--have such laws. Before enacting 
this law in 1993, Virginia was the supplier of choice for criminals up 
and down the East Coast. A 1995 study showed drastic reductions in the 
flow of Virginia guns to criminals in other States: the percentage of 
crime guns traced back to Virginia fell by 71 percent in New York and 
72 percent in Massachusetts. Unfortunately, despite these results, 
Virginia significantly weakened its law in 2004.
  I hope that New Jersey will be the fourth State to limit handgun 
purchases to one a month. In July, the New Jersey Assembly approved a 
one-handgun-a-month bill that is awaiting action in the State Senate. I 
strongly support this legislation, which will help cut down on the 
illegal gun trade within New Jersey.
  But to really combat interstate gun trafficking, we need a national 
solution. The End Gun Trafficking Act is an important step in that 
direction. Specifically, this legislation would prohibit gun dealers 
from selling a handgun to an unlicensed person who they know or have 
reason to believe has purchased another handgun within the previous 30 
days.
  It would prohibit unlicensed individuals from purchasing more than 
one handgun during a 30-day period.
  It would make exceptions for exchanges, Government, and law 
enforcement purchases and curios and relics.
  It would ensure that the background check system checks whether a 
buyer has purchased a handgun within the last 30 days and block handgun 
sales to such buyers.
  It would increase the maximum penalty from 1 year to 5 years for gun 
dealers who make false statements in their gun sale records.
  It would require that background checks be kept for at least 180 days 
instead of the current 24 hours, to allow dealers to find out whether 
an individual has purchased another handgun within the previous 30 days 
and make unlicensed gun dealers who sell more than one handgun a month 
to an unlicensed individual subject to the same laws as licensed gun 
dealers.
  I look forward to working with my Senate colleagues to pass this 
legislation and reduce gun violence.
  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. 3634

       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 ``End Gun Trafficking Act of 
     2008''.

     SEC. 2. PROHIBITION AGAINST MULTIPLE HANDGUN SALES OR 
                   PURCHASES.

       (a) Prohibition.--Section 922 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(aa) Prohibition Against Multiple Handgun Sales or 
     Purchases.--
       ``(1) Sale.--It shall be unlawful to sell or otherwise 
     dispose of a handgun that has been shipped or transported in 
     interstate or foreign commerce to any person who is not 
     licensed under section 923 knowing or having reasonable cause 
     to believe that such person purchased a handgun during the 
     30-day period ending on the date of such sale or disposition.
       ``(2) Purchase.--It shall be unlawful for any person who is 
     not licensed under section 923 to purchase more than 1 
     handgun that has been shipped or transported in interstate or 
     foreign commerce during any 30-day period.
       ``(3) Exceptions.--Paragraphs (1) and (2) shall not apply 
     to--
       ``(A) exchange of 1 handgun for 1 handgun;
       ``(B) the transfer to or purchase by the United States, a 
     department or agency of the United States, a State, or a 
     department, agency, or political subdivision of a State, of a 
     handgun;
       ``(C) the transfer to or purchase by a law enforcement 
     officer employed by an entity referred to in subparagraph (B) 
     of a handgun for law enforcement purposes (whether on or off 
     duty);
       ``(D) the transfer to or purchase by a rail police officer 
     employed by a rail carrier and certified or commissioned as a 
     police officer under the laws of a State of a handgun for law 
     enforcement purposes (whether on or off duty); or
       ``(E) the transfer or purchase of a handgun listed as a 
     curio or relic by the Attorney General pursuant to section 
     921(a)(13).''.
       (b) Penalties.--Section 924(a)(2) of title 18, United 
     States Code, is amended by striking ``or (o)'' and inserting 
     ``(o), or (aa)''.
       (c) Conforming Amendments.--Chapter 44 of title 18, United 
     States Code, is amended--
       (1) in section 922(t)--
       (A) in paragraph (1)(B)(ii), by striking ``(g) or (n)'' and 
     inserting ``(g), (n), or (aa)(2)'';
       (B) in paragraph (2), by striking ``(g) or (n)'' and 
     inserting ``(g), (n), or (aa)(2)'';
       (C) in paragraph (4), by striking ``(g) or (n)'' and 
     inserting ``(g), (n), or (aa)(2)''; and
       (D) in paragraph (5), by striking ``(g) or (n)'' and 
     inserting ``(g), (n), or (aa)(2)''; and
       (2) in section 925A, by striking ``(g) or (n)'' and 
     inserting ``(g), (n), or (aa)(2)''.
       (d) Eliminate Multiple Sales Reporting Requirement.--
     Section 923(g) of title 18, United States Code, is amended by 
     striking paragraph (3).
       (e) Authority to Issue Rules and Regulations.--The Attorney 
     General shall prescribe any rules and regulations as are 
     necessary to ensure that the national instant criminal 
     background check system is able to identify whether receipt 
     of a handgun by a prospective transferee would violate 
     section 922(aa) of title 18, United States Code.

     SEC. 3. INCREASED PENALTIES FOR MAKING KNOWINGLY FALSE 
                   STATEMENTS IN CONNECTION WITH FIREARMS.

       Section 924(a)(3) of title 18, United States Code, is 
     amended in the matter following subparagraph (B) by striking 
     ``one year'' and inserting ``5 years''.

     SEC. 4. RETENTION OF RECORDS.

       (a) Retention of Records.--Section 922(t)(2)(C) of title 
     18, United States Code, is amended by inserting ``not less 
     than 180 days after the transfer is allowed,'' before 
     ``destroy''.
       (b) Repeals.--
       (1) Fiscal year 2004.--Section 617 of division B of the 
     Consolidated Appropriations Act, 2004 (Public Law 108-199; 
     118 Stat. 95) is amended--
       (A) by striking ``(a)'';
       (B) by striking ``for--'' and all that follows through 
     ``(1)'' and inserting ``for''; and
       (C) by striking ``; and'' and all that follows and 
     inserting a period.
       (2) Fiscal year 2005.--Section 615 of division B of the 
     Consolidated Appropriations Act, 2005 (Public Law 108-447; 
     118 Stat. 2915) is amended--

[[Page S9717]]

       (A) by striking ``for--'' and all that follows through 
     ``(1)'' and inserting ``for''; and
       (B) by striking ``; and'' and all that follows and 
     inserting a period.
       (3) Fiscal year 2006.--Section 611 of the Science, State, 
     Justice, Commerce, and Related Agencies Appropriations Act, 
     2006 (Public Law 109-108; 119 Stat. 2336) is amended--
       (A) by striking ``for--'' and all that follows through 
     ``(1)'' and inserting ``for''; and
       (B) by striking ``; and'' and all that follows and 
     inserting a period.
       (4) Fiscal year 2008.--Section 512 of division B of the 
     Consolidated Appropriations Act, 2008 (Public Law 110-161; 
     121 Stat. 1926) is amended--
       (A) by striking ``for--'' and all that follows through 
     ``(1)'' and inserting ``for''; and
       (B) by striking ``; and'' and all that follows and 
     inserting a period.

     SEC. 5. REVISED DEFINITION.

       Section 921(a)(21)(C) of title 18, United States Code, is 
     amended by inserting ``, except that such term shall include 
     any person who transfers more than 1 handgun in any 30-day 
     period to a person who is not a licensed dealer'' before the 
     semicolon.
                                 ______
                                 
      By Mrs. CLINTON:
  S. 3635. A bill to authorize a loan forgiveness program for students 
of institutions of higher education who volunteer to serve as mentors; 
to the Committee on health, Education, Labor, and Pensions.
  Mrs. CLINTON. Mr. President, I rise today to discuss an issue that is 
very near and dear to my heart: the importance of mentoring. A good 
mentor can make all the difference in the world, serving as friend, 
role-model and advocate for children who need it most. We should be 
rewarding those young people who commit to public service, including 
mentoring at-risk children, and offering incentives to encourage wider 
participation.
  I am proud to introduce the Supporting Mentors, Supporting Our Youth 
Act, which would forgive $10 of student loans for every hour of 
mentoring with a minimum commitment of one year of service. I'm pleased 
that my friend and colleague, Congressman Jim Crowley, is introducing 
this legislation in the House of Representatives.
  I have long been an advocate for mentoring and for supporting 
mentoring programs like the ones you run across the country. Last year, 
I joined my colleague Senator Kerry in introducing the Mentoring 
America's Children Act, which built upon the Mentoring Program in No 
Child Left Behind. This legislation will help reach the 15 million 
young adults who could use mentor--esspecially young people in foster 
care and other young adults who could benefit the most from a role 
model, advisor, and advocate. I've long been a champion for mentoring 
and for supporting mentoring programs like the ones you run across the 
country.
  Public service is the lifeblood of our communities and mentoring at-
risk children is particularly important. Tomorrow, September 27th, is 
the National Day of Action and I could not think of a better way of 
supporting the thousands of communities who will mobilize across the 
country then by introducing this legislation to encourage more people 
to serve.
  Earlier this month, I joined Senators Kennedy and Hatch in 
introducing the Serve America Act. The legislation would build a new 
service corps focused on addressing areas of national need such as 
education, energy and the environment. The bill would increase 
opportunities to participate in service for Americans of all ages by 
encourage students to make service a part of their lives, establishing 
tax incentives for employers who allow employees paid leave for 
service, and structuring service opportunities for seniors and 
retirees.
  I look forward to continuing to work with my colleagues in the Senate 
and the House to stand up for our most vulnerable children, while 
making college more accessible and more affordable.
                                 ______
                                 
      By Mr. NELSON, of Florida:
  S. 3638. A bill to reauthorize the National Windstorm Impact 
Reduction Program, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. NELSON of Florida. Mr. President, I rise today to introduce 
legislation on a subject that is never far from the minds of citizens 
in my home State of Florida and others living along our coasts and in 
tornado alley: the threat of windstorms, and the havoc that these 
events can wreak on our communities.
  We were all transfixed by the non-stop news coverage as Hurricanes 
Gustav and Ike grew into monster storms and crossed the Caribbean and 
Gulf of Mexico, leaving a trail of misery in their wake. In Florida 
this year, these storms, along with Tropical Storm Fay and Hurricane 
Hanna, reminded us of our vulnerability in the face of Mother Nature. 
We are not out of the woods yet. Hurricane season lasts for another two 
months, and other severe storms can generate damaging tornadoes at any 
time of year. In fact, more than 2,000 tornadoes had hit the United 
States by mid-September, causing more than 120 fatalities and making 
2008 the deadliest year for windstorm-related fatalities in a decade.
  Although windstorms are a perpetual hazard, particularly in Florida, 
we have learned a great deal from these events and have taken steps to 
make our homes, businesses, and infrastructure more resilient. In 1992, 
Hurricane Andrew devastated South Florida and revealed a number of 
problems with how we designed and constructed buildings in areas 
subject to high winds. The lessons learned from Andrew drove the 
adoption of stronger buiding codes in Miami-Dade and Broward counties 
in 1994, codes that still serve as models for the Nation. In 2001, 
Florida's State legislature adopted a statewide building code, which 
made building requirements stronger and more consistent across the 
state.
  These actions have already started paying dividends. In 2004, when 
Hurricane Charley made landfall near Captiva Island as a Category 4 
hurricane, communities across Southwest Florida suffered tremendous 
damage from high winds and floodwaters. In Charlotte County alone, the 
Federal Emergency Management Agency, FEMA, estimated that 80 percent of 
the buildings were damaged and all mobile homes were destroyed. Across 
the Florida peninsula, 30 deaths were linked to the storm and property 
damage was estimated at $14.6 billion. But there was some positive news 
to be found amongst the devastation. Government and private-sector 
experts who reviewed Charley's damage found that homes designed and 
constructed with the stronger, post-Andrew building codes performed 
well, even in Punta Gorda, one of the hardest-hit areas. There can be 
no doubt that many lives were saved and millions in additional damages 
were avoided as a direct consequence of earlier decisions to build 
stronger and safer.
  While our experience in Charley shows that we are on the right track 
in antiipating and avoiding windstorm impacts, we cannot rest on our 
laurels. Millions in Florida and across our Nation live in structures 
built either before there was a building code in effect or before 
important wind-resistant materials and practices became required. Much 
work remains to find feasible and cost-effective ways to retrofit these 
older structures, and to educate our citizens on the need to take 
actions now to reduce their vulnerability to future windstorms.
  To help address these outstanding needs, I am introducing the 
National Windstorm Impact Reduction Reauthorization Act of 2008. This 
legislation would extend and enhance the National Windstorm Impact 
Reduction program, the primary goal of which is to achieve major, 
measurable reductions in losses of life and property from windstorms.
  This is a program that I have a long history of supporting. In July 
2004--just weeks before four hurricanes, Charley, Frances, Ivan, and 
Jeanne struck my State--I introduced the National Windstorm Impact 
Reduction Act of 2004. This bill sought to focus the Federal efforts to 
identify wind hazards and assess and mitigate windstorm impacts. In the 
wake of the 2004 hurricanes, Congress saw the need to better coordinate 
and invest in wind-related research and mitigation, and passed separate 
legislation establishing NWIRP in October of that year. At that time, 
Congress's vision was for NWIRP to improve our understanding of 
windstorms and then mitigate potential impacts through nationwide data 
collection and analysis, risk assessment, outreach, technology 
transfer, and research and development.
  Since its enactment in 2004, NWIRP has struggled to get off of the 
ground. The Bush Administration has not adequately supported the 
development and implementation of the program, failing to request any 
appropriations for

[[Page S9718]]

NWIRP activities at the primary agencies: the National Institute of 
Standards and Technology, the National Science Foundation, the National 
Oceanic and Atmospheric Administration and FEMA. Despite explicit 
language from Congress in its report accompanying the fiscal year 2008 
omnibus appropriations bill, the Administration has refused to allocate 
the more than $11 million designated for NWIRP. I find this lack of 
cooperation on NWIRP, a program that can help save lives and avoid 
property damage, to be particularly troubling as millions of people on 
the Gulf Coast and in Florida struggle to recover from recent 
hurricanes.
  While I will continue my efforts to obtain additional funding for 
NWIRP, Congress must help by extending the program past its expiration 
on September 30th of this year. My legislation would extend NWIRP 
through 2013, and make several other programmatic changes that are 
needed to put the program on a stronger footing moving forward.
  I propose shifting primary authority and responsibility for managing 
NWIRP from the President's Office of Science and Technology Policy to 
NIST, an agency that has excelled in leading the National Earthquake 
Hazards Reduction Program since 2004. My legislation would also clarify 
the roles and responsibilities of all Federal agencies participating on 
NWIRP's Interagency Working Group on Windstorm Impact Reduction. Three 
Federal agencies with current missions that provide valuable data or 
expertise that support NWIRP's goals will be added to the program, 
namely the Department of Transportation, National Aeronautics and Space 
Administration, and U.S. Army Corps of Engineers. Lastly, the 
legislation would set a deadline for NIST to assemble the National 
Advisory Committee on Windstorm Impact Reduction, a group charged with 
providing guidance to NIST and the Interagency Working Group on 
windstorm-related research, mitigation, outreach, and other program 
priorities. The Advisory Committee will include representatives from a 
broad array of NWIRP stakeholders, including state and local 
governments and experts from the research, technology transfer, 
building design and construction, insurance, and finance communities.
  I did not want to return to Florida this fall without taking action 
to keep us focused on reducing the impacts of windstorms on our 
citizens and our economy. That is why I felt it important to propose 
this legislation to extend, revamp, and revitalize the National 
Windstorm Impact Reduction Program.
  In closing, I would like to recognize the efforts of Representative 
Dennis Moore of Kansas, who is introducing a companion measure in the 
U.S. House of Representatives today. Kansas is particularly vulnerable 
to the devastation that tornados and hailstorms can cause, so I know 
that he shares my desire to ensure that our constituents have 
innovative, effective, and affordable tools available to help reduce 
their vulnerability to windstorms. I also understand that three members 
of the Florida delegation in the House, Representatives Alcee Hastings, 
Ileana Ros-Lehtinen, and Mario Diaz-Balart, are original cosponsors of 
Representative Moore's bill. In addition to demonstrating how important 
this legislation is to the State of the Florida and the Nation, I 
welcome the bipartisan support that these cosponsors provide. I look 
forward to working with Chairman Inouye, Ranking Member Hutchison and 
the other members of the Senate Committee on Commerce, Science, and 
Transportation to debate this important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3638

       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 ``National Windstorm Impact 
     Reduction Reauthorization Act of 2008''.

     SEC. 2. FINDINGS.

       Section 202 of the National Windstorm Impact Reduction Act 
     of 2004 (42 U.S.C. 15701) is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively;
       (2) by inserting after paragraph (2) the following:
       ``(3) Global climate variability and climate change may 
     alter the frequency and intensity of severe windstorm events, 
     but further research is needed to identify any such linkages 
     and, if appropriate, to incorporate climate-related impacts 
     into windstorm risk and vulnerability assessments and 
     mitigation activities.''; and
       (3) in paragraph (5), as redesignated, by striking 
     ``interagency coordination'' and inserting ``coordination 
     among Federal agencies and with State and local 
     governments''.

     SEC. 3. DEFINITIONS.

       (a) Director.--Section 203(1) of the National Windstorm 
     Impact Reduction Act of 2004 (42 U.S.C. 15702(1)) is amended 
     by striking ``Office of Science and Technology Policy'' and 
     inserting ``National Institute of Standards and Technology''.
       (b) Interagency Working Group.--Section 203 of such Act (42 
     U.S.C. 15702) is amended--
       (1) by redesignating paragraphs (2) through (4) as 
     paragraphs (3) through (5), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) Interagency working group.--The term `Interagency 
     Working Group' means the Interagency Working Group on Wind 
     Impact Reduction established pursuant to section 204(f).''.

     SEC. 4. NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM.

       (a) Lead Federal Agency.--Section 204 of the National 
     Windstorm Impact Reduction Act of 2004 (42 U.S.C. 15703) is 
     amended--
       (1) by striking subsection (c);
       (2) by redesignating subsection (d) as subsection (c); and
       (3) by inserting after subsection (c), as redesignated, the 
     following:
       ``(d) Lead Federal Agency.--The National Institute of 
     Standards and Technology shall be the lead Federal agency for 
     planning, management, and coordination of the Program. In 
     carrying out this subsection, the Director shall--
       ``(1) establish a Program Office, which shall be under the 
     direction of a full-time Program Director, to provide the 
     planning, management, and coordination functions described in 
     subsection (e);
       ``(2) in conjunction with other Program agencies, prepare 
     an annual budget for the Program, which shall be submitted to 
     the Office of Management and Budget and shall include, for 
     each Program agency and for each major goal established for 
     the Program components under subsection (c)--
       ``(A) the Program budget for the current fiscal year; and
       ``(B) the proposed Program budget for the subsequent fiscal 
     year;
       ``(3) facilitate the preparation of the Interagency Working 
     Group's biennial report to Congress and the National Science 
     and Technology Council under subsection (j);
       ``(4) support research and development to improve building 
     codes, standards, and practices for design and construction 
     of buildings, structures, and lifelines;
       ``(5) in conjunction with the Federal Emergency Management 
     Agency, work closely with national standards and model 
     building code organizations to promote the implementation of 
     research results;
       ``(6) in partnership with other Federal agencies, State and 
     local governments, academia, and the private sector, 
     support--
       ``(A) the organization and deployment of comprehensive, 
     discipline-oriented interagency teams to investigate major 
     windstorm events; and
       ``(B) the gathering, publishing, and archiving of collected 
     data and analysis results; and
       ``(7) participate in, coordinate, or support, as needed, 
     other Program mitigation activities authorized under 
     subsection (c).''.
       (b) Program Office Duties.--Section 204 of such Act, as 
     amended by subsection (a), is further amended--
       (1) by striking subsection (e);
       (2) by redesignating subsection (f) as subsection (j); and
       (3) by inserting after subsection (d), as added by 
     subsection (a)(3) of this Act, the following:
       ``(e) Program Office.--The Program Office established under 
     subsection (d)(1) shall--
       ``(1) ensure that all statutory requirements, including 
     reporting requirements, are met in accordance with this Act;
       ``(2) ensure coordination and synergy across the Program 
     agencies in meeting the strategic goals and objectives of the 
     Program;
       ``(3) implement an outreach program to identify and build 
     effective partnerships with stakeholders in the construction 
     and insurance industries, Federal, State, and local 
     governments, academic and research institutions, and non-
     governmental entities, such as standards, codes, and 
     technical organizations;
       ``(4) conduct studies on cross-cutting planning issues, 
     particularly those that are significant for the development 
     and updating of the strategic plan required under subsection 
     (i); and
       ``(5) conduct analysis and evaluation studies to measure 
     the progress and results achieved in meeting the strategic 
     goals and objectives of the Program.''.
       (c) Interagency Working Group.--Section 204 of such Act (42 
     U.S.C. 15703) is further amended by inserting after 
     subsection (e), as added by subsection (b)(3) of this Act, 
     the following:

[[Page S9719]]

       ``(f) Interagency Working Group.--
       ``(1) In general.--There is established an Interagency 
     Working Group on Wind Impact Reduction, which shall report to 
     the Director.
       ``(2) Purpose.--The primary purpose of the Interagency 
     Working Group is to coordinate activities and facilitate 
     better communication among the Program agencies in reducing 
     the impacts of windstorms.
       ``(3) Duties.--The Interagency Working Group shall--
       ``(A) facilitate Program planning, analysis, and 
     evaluation;
       ``(B) facilitate coordination and synergy among Program 
     agencies in meeting the strategic goals and objectives of the 
     Program;
       ``(C) prepare the coordinated interagency budget for the 
     Program;
       ``(D) prepare the interim working plan required under 
     subsection (h);
       ``(E) prepare the strategic plan with stakeholder input 
     required under subsection (i);
       ``(F) prepare the biennial report to Congress and the 
     National Science and Technology Council required under 
     subsection (j);
       ``(G) work with States, local governments, non-governmental 
     organizations, industry, academia, and research institutions, 
     as appropriate; and
       ``(H) in partnership with State and local governments, 
     academia, and the private sector, facilitate--
       ``(i) the organization and deployment of comprehensive 
     discipline-oriented interagency teams to investigate major 
     windstorm events; and
       ``(ii) the gathering, publishing, and archiving of 
     collected data and analysis results.
       ``(4) Membership.--The Interagency Working Group shall be 
     comprised of 1 representative from--
       ``(A) the National Institute of Standards and Technology;
       ``(B) the National Science Foundation;
       ``(C) the National Oceanic and Atmospheric Administration;
       ``(D) the Federal Emergency Management Agency;
       ``(E) the Department of Transportation;
       ``(F) the National Aeronautics and Space Administration;
       ``(G) the United States Army Corps of Engineers;
       ``(H) the Office of Science and Technology Policy; and
       ``(I) the Office of Management and Budget.
       ``(5) Chair.--The Program Director referred to in 
     subsection (d)(1) shall chair the Interagency Working Group.
       ``(6) Duties of the chair.--The Chair shall--
       ``(A) convene at least 4 Interagency Working Group meetings 
     per year, the first of which shall be convened not later than 
     90 days after the date of the enactment of the National 
     Windstorm Impact Reduction Reauthorization Act of 2008;
       ``(B) ensure the timely submission of the Interagency 
     Working Group's biennial report to Congress and the National 
     Science and Technology Council required under subsection (j); 
     and
       ``(C) carry out such other duties as may be necessary to 
     carry out this Act.''.
       (d) Program Agencies.--Section 204 of such Act (42 U.S.C. 
     15703) is further amended by inserting after subsection (f), 
     as added by subsection (c) of this Act, the following:
       ``(g) Program Agencies.--
       ``(1) National science foundation.--The National Science 
     Foundation shall support research in engineering and the 
     atmospheric sciences to improve the understanding of the 
     behavior of windstorms and the impact of windstorms on 
     buildings, structures, and lifelines.
       ``(2) National oceanic and atmospheric administration.--The 
     National Oceanic and Atmospheric Administration shall support 
     atmospheric sciences research to improve the understanding of 
     the behavior of windstorms and the impact of windstorms on 
     buildings, structures, and lifelines through wind 
     observations, modeling, and analysis.
       ``(3) Federal emergency management agency.--The Federal 
     Emergency Management Agency shall support--
       ``(A) the development of risk assessment tools, effective 
     mitigation techniques, and related guidance documents and 
     products;
       ``(B) windstorm-related data collection and analysis;
       ``(C) evacuation planning;
       ``(D) public outreach and information dissemination; and
       ``(E) the implementation of mitigation measures consistent 
     with the Federal Emergency Management Agency's all-hazards 
     approach.
       ``(4) Department of transportation.--The Department of 
     Transportation shall--
       ``(A) support research aimed at understanding, measuring, 
     predicting, and designing for wind effects on transportation 
     infrastructure, including bridges; and
       ``(B) assist in evacuation planning.
       ``(5) National aeronautics and space administration.--The 
     National Aeronautics and Space Administration shall support--
       ``(A) research to improve understanding of the regional and 
     global behavior of windstorms; and
       ``(B) dissemination and utilization of observational data 
     from existing satellites and sensors, forecasts, and other 
     analytical products that can aid in reducing windstorm 
     impacts.
       ``(6) United states army corps of engineers.--The United 
     States Army Corps of Engineers shall--
       ``(A) support research to improve understanding of wind 
     effects on storm surge and other flooding; and
       ``(B) support the development of evacuation plans and other 
     activities or tools to reduce the potential for loss of life 
     or structure damage resulting from windstorms.''.
       (e) Interim Working Plan; Strategic Plan.--Section 204 of 
     such Act (42 U.S.C. 15703) is further amended by inserting 
     after subsection (g), as added by subsection (d) of this Act, 
     the following:
       ``(h) Interim Working Plan.--Not later than 6 months after 
     the date of the enactment of this subsection, the Interagency 
     Working Group shall submit to Congress an interim working 
     plan that will guide the implementation of Program operations 
     until the approval of the strategic plan under subsection 
     (i).
       ``(i) Strategic Plan.--
       ``(1) In general.--Not later than 18 months after the date 
     of the enactment of this subsection, the Interagency Working 
     Group shall submit to Congress a strategic plan for achieving 
     the objectives of the Program.
       ``(2) Contents.--The strategic plan shall include--
       ``(A) strategic goals and objectives for each Program 
     component area to be achieved in the areas of data collection 
     and analysis, risk assessment, outreach, technology transfer, 
     and research and development;
       ``(B) an assessment of the strategic priorities required to 
     fill critical gaps in knowledge and practice to ensure 
     reduction in future windstorm impacts based on a review of 
     past and current public and private sector efforts, including 
     windstorm mitigation activities supported by the Federal 
     Government;
       ``(C) measurable outputs and outcomes to achieve the 
     strategic goals and objectives;
       ``(D) a description of how the Program will achieve such 
     goals and objectives including detailed responsibilities for 
     each Program agency; and
       ``(E) plans for cooperation and coordination with 
     interested public and private sector entities in each Program 
     component area.
       ``(3) Initial development.--The strategic plan--
       ``(A) shall be developed with stakeholder input; and
       ``(B) shall not be initially required to be reviewed by the 
     National Advisory Committee on Windstorm Impact Reduction.
       ``(4) Regular updates.--Not less frequently than once every 
     3 years, the strategic plan--
       ``(A) shall be updated with stakeholder input; and
       ``(B) shall be reviewed by the National Advisory Committee 
     on Windstorm Impact Reduction.''.
       (f) Biennial Report.--Section 204(j) of such Act, as 
     redesignated by subsection (b)(2), is amended to read as 
     follows:
       ``(j) Biennial Report.--The Interagency Working Group, on a 
     biennial basis, and not later than 90 days after the end of 
     the preceding 2 fiscal years, shall--
       ``(1) after considering the recommendations of the advisory 
     committee established under section 205, prepare a biennial 
     report that describes the status of the Program, including--
       ``(A) Program activities and progress achieved during the 
     preceding 2 fiscal years in meeting goals established for 
     each Program component under subsection (c);
       ``(B) challenges and impediments to the fulfillment of the 
     Program's objectives; and
       ``(C) any recommendations for legislative and other action 
     the Interagency Working Group considers necessary and 
     appropriate; and
       ``(2) submit the report prepared under paragraph (1) to 
     Congress and the National Science and Technology Council.''.

     SEC. 5. NATIONAL ADVISORY COMMITTEE ON WINDSTORM IMPACT 
                   REDUCTION.

       (a) In General.--Section 205(a) of the National Windstorm 
     Impact Reduction Act of 2004 (42 U.S.C. 15704(a)) is amended 
     by striking ``The Director'', and inserting ``Not later than 
     6 months after the date of the enactment of the National 
     Windstorm Impact Reduction Reauthorization Act of 2008, the 
     Director''.
       (b) Conforming Amendment.--Section 205(b)(2) of such Act 
     (42 U.S.C. 15704(b)(2)) is amended by striking ``section 
     204(d)'' and inserting ``section 204(c)''.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       Section 207 of the National Windstorm Impact Reduction Act 
     of 2004 (42 U.S.C. 15706) is amended to read as follows:

     ``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     $30,000,000 for each of the fiscal years 2009 through 2013 to 
     carry out this Act, of which not greater than--
       ``(1) $5,000,000 shall be allocated for the National 
     Institute of Standards and Technology;
       ``(2) $9,400,000 shall be allocated for the National 
     Science Foundation;
       ``(3) $2,200,000 shall be allocated for the National 
     Oceanic and Atmospheric Administration;
       ``(4) $9,400,000 shall be allocated for the Federal 
     Emergency Management Agency;
       ``(5) $1,333,333 shall be allocated for the Department of 
     Transportation;
       ``(6) $1,333,333 shall be allocated for the National 
     Aeronautics and Space Administration; and
       ``(7) $1,333,333 shall be allocated for the United States 
     Army Corps of Engineers.

[[Page S9720]]

       ``(b) Authorization for Program Planning, Management, and 
     Coordination.--
       ``(1) Lead agency.--From the amounts appropriated for the 
     National Institute of Standards and Technology pursuant to 
     subsection (a)(1)--
       ``(A) up to $1,000,000 may be allocated for carrying out 
     the lead agency planning, management, and coordination 
     functions assigned to the National Institute of Standards and 
     Technology under section 204(d); and
       ``(B) not greater than 8 percent of such amounts may be 
     allocated for managing the National Institute of Standards 
     and Technology assigned research and development 
     responsibilities.
       ``(2) Other program agencies.--From the amounts 
     appropriated to each of the Program agencies under paragraphs 
     (2) through (7) of subsection (a), not greater than 8 percent 
     may be allocated to each such agency for carrying out 
     planning, management, and coordination functions assigned to 
     such agency under this Act, including participation in the 
     Interagency Working Group.
       ``(c) Remainder Authorized for Program Activities.--Any 
     amounts appropriated pursuant to subsection (a) that are not 
     allocated under subsection (b) shall be allocated to Program 
     activities carried out in accordance with the objectives of 
     the Program, including--
       ``(1) data collection and analysis;
       ``(2) risk assessment;
       ``(3) outreach;
       ``(4) technology transfer; and
       ``(5) research and development.''.
                                 ______
                                 
      By Mr. FEINGOLD (For himself, Mr. Whitehouse, and Mr. Cardin):
  S. 3640. A bill to secure the Federal voting rights of persons who 
have been released from incarceration; to the Committee on the 
Judiciary.
  Mr. FEINGOLD. Mr. President, in a democracy, no right is more 
important than the right to vote; in our democracy, no right has been 
so dearly won. This country was founded on the idea that a just 
government derives its power from the consent of the governed, a 
principle codified in the very first words of our Constitution: ``We 
the People of the United States.'' From the Civil War through the 
women's suffrage movement through the Voting Rights Act of 1965 through 
the 26th Amendment, the continuing expansion of the franchise, a 
broadening of who ``we the people'' are, is one of our great American 
stories.
  So today I will introduce the Democracy Restoration Act of 2008. This 
bill will guarantee that citizens who are not incarcerated have the 
right to vote in Federal elections. I am pleased that the Senator from 
Rhode Island, Sen. Whitehouse, and the Senator from Maryland, Sen. 
Cardin, have agreed to be a cosponsor.
  Once, only wealthy White men could vote in this country. Once, 
African Americans, ethnic minorities, women, young people, the poor, 
and the uneducated were all excluded. Today, we look back at those 
times and wonder how our country could have denied its citizens such a 
fundamental right for so long. And yet today, we continue to 
disenfranchise an estimated 4 million of our fellow citizens who were 
convicted of felonies but are no longer in prison. Two million of these 
people have fully served their sentences, and the other two million are 
on probation, parole, or supervised release. These people are living 
and working in the community, paying taxes, and contributing to 
society. But they cannot vote.
  At this time, 10 states still strip people who have completed their 
sentence--who have paid their debt to society--of their right to vote. 
Some 35 States deny the vote to people on parole, and 30 of those 
States also deny the vote to people on probation. I believe that the 
practice of stripping our fellow citizens of their voting rights is un-
American. It weakens our democracy. It is an anachronism, one of the 
last vestiges of a medieval jurisprudence that declared convicted 
criminals to be outlaws, irrevocably expelled from society.
  This principle was called ``civil death'' and in medieval Europe, it 
was reserved for the worst crimes. Yet today, here, in the greatest 
democracy in the world, we continue to sentence 4 million people--
people who have served their time, people who are contributing members 
of society--to civil death.
  One might ask how something as undemocratic as civil death could have 
survived to the present day. Unfortunately, Mr. President, the practice 
of disenfranchising people with felony convictions has an explicitly 
racist history. Like the grandfather clause, the literacy test, and the 
poll tax, civil death became a tool of Jim Crow.
  Across the country, 13 percent of African-American men are 
disenfranchised because of a felony conviction. As of 2004, in 14 
states, felony disenfranchisement provisions had stripped more than 10 
percent of the entire African-American voting-age population of the 
right to vote. In 4 states, they had disenfranchise more than 20 
percent of eligible African-American voters.
  The architects of Jim Crow would be proud of their handiwork, and how 
it has lasted long after the rest of their evil system was dismantled. 
The rest of us should be ashamed, and yes, outraged. If we believe in 
redemption, we should be outraged. Because civil death has denied 4 
million Americans a chance at redemption. If we believe in progress, we 
should be outraged. Because civil death keeps this country chained to 
the worst moments of our past. If we believe in democracy, we should be 
outraged. Because civil death strikes at the heart of our democracy.
  There is a growing movement across the country to expand the 
franchise and restore voting rights to people coming out of prison and 
reentering the community. In the last decade, 16 States have reformed 
their laws to expand the franchise or ease voting rights restoration 
procedures. This bill continues that movement. It provides that the 
right to vote for candidates for Federal office shall not be denied or 
abridged because a person has been convicted of a crime unless that 
person is actually in prison serving a felony sentence. It gives the 
Attorney General of the United States the power to obtain declaratory 
or injunctive relief to enforce that right. And it gives a person whose 
rights are being violated a right to go to court to get relief.
  The bill also requires Federal and State officials to notify 
individuals of their right to vote once their sentences have been 
served. This is an important part of the bill, given the long history 
of these civil death provisions. Even after this bill passes, many ex-
offenders may not know their rights, and we should take affirmative 
steps to make sure that they do. No one should be disenfranchised 
because of lack of information.
  Upon signing the Voting Rights Act of 1965, President Johnson said:

       The vote is the powerful instrument ever devised by man for 
     breaking down injustice and destroying the terrible walls 
     which imprison men because they are different from other men.

  When prisoners return to their communities after serving their 
sentences, we expect and hope that they will reintegrate themselves 
into society as productive citizens. Yet, without the right to vote, 
rehabilitated felons are already a step behind in regaining a sense of 
civic responsibility and commitment to their communities. If our 
country wants ex-offenders to succeed at becoming better citizens, who 
both abide by the law and act as responsible individuals, then we need 
to restore this most fundamental right. I urge my colleagues to support 
this important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3640

       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 ``Democracy Restoration Act of 
     2008''.

     SEC. 2. FINDINGS.

       The Congress makes the following findings:
       (1) The right to vote is the most basic constitutive act of 
     citizenship. Regaining the right to vote reintegrates 
     offenders into free society, helping to enhance public 
     safety.
       (2) Article I, section 4 of the Constitution of the United 
     States grants Congress ultimate supervisory power over 
     Federal elections, an authority which has repeatedly been 
     upheld by the Supreme Court.
       (3) Basic constitutional principles of fairness and equal 
     protection require an equal opportunity for Americans to vote 
     in Federal elections. The right to vote may not be abridged 
     or denied by the United States or by any State on account of 
     race, color, gender or previous condition of servitude. The 
     14th and 15th Amendments to the Constitution empower Congress 
     to enact measures to protect the right to vote in Federal 
     elections.
       (4) There are three areas where discrepancies in State laws 
     regarding felony convictions lead to unfairness in Federal 
     elections:

[[Page S9721]]

     (A) there is no uniform standard for voting in Federal 
     elections which leads to an unfair disparity and unequal 
     participation in Federal elections based solely on where a 
     person lives; (B) laws governing the restoration of voting 
     rights after a felony conviction are unequal throughout the 
     country and persons in some States can easily regain their 
     voting rights while in other States persons effectively lose 
     their right to vote permanently; and (C) State 
     disenfranchisement laws disproportionately impact racial 
     ethnic minorities.
       (5) Disenfranchisement results from varying State laws that 
     restrict voting while under some form of criminal justice 
     supervision or after the completion of a felony sentence in 
     some States. Two States do not disenfranchise felons at all 
     (Maine and Vermont). Forty-eight States and the District of 
     Columbia have disenfranchisement laws that deprive convicted 
     offenders of the right to vote while they are in prison. In 
     thirty-five States, convicted offenders may not vote while 
     they are on parole and thirty of these States disenfranchise 
     felony probationers as well. In ten States, a conviction can 
     result in lifetime disenfranchisement.
       (6) An estimated 5,300,000 Americans, or about one in 
     forty-one adults, currently cannot vote as a result of a 
     felony conviction. Nearly 4,000,000 (74 percent) of the 
     5,300,000 disqualified voters are not in prison, but are on 
     probation or parole, or are ex-offenders. Approximately 
     2,000,000 of those individuals are individuals who have 
     completed their entire sentence, including probation and 
     parole, yet remain disenfranchised.
       (7) In those States that disenfranchise ex-offenders, the 
     right to vote can be regained in theory, but in practice this 
     possibility is often illusory. Offenders must either obtain a 
     pardon or order from the Governor or action by the parole or 
     pardon board, depending on the offense and State. Offenders 
     convicted of a Federal offense often have additional barriers 
     to regaining voting rights.
       (8) In at least 16 States, Federal offenders cannot use the 
     State procedure for restoring their civil rights. The only 
     method provided by Federal law for restoring voting rights to 
     ex-offenders is a Presidential pardon. Few persons who seek 
     to have their right to vote restored have the financial and 
     political resources needed to succeed.
       (9) State disenfranchisement laws disproportionately impact 
     ethnic minorities. Thirteen percent of the African American 
     adult male population, or 1,400,000 African American men, are 
     disenfranchised. Given current rates of incarceration, three 
     in ten of the next generation of black men will be 
     disenfranchised at some point during their lifetime. Hispanic 
     citizens are also disproportionately disenfranchised since 
     they are disproportionately represented in the criminal 
     justice system.
       (10) Disenfranchising citizens who have been convicted of a 
     felony offense and who are living and working in the 
     community serves no compelling State interest and hinders 
     their rehabilitation and reintegration into society.
       (11) State disenfranchisement laws suppress electoral 
     participation among eligible voters and damage the integrity 
     of the electoral process. State disenfranchisement laws 
     significantly impact the rate of electoral participation 
     among the children of disenfranchised parents.
       (12) The United States in the only Western democracy that 
     permits the permanent denial of voting rights to individuals 
     with felony convictions.

     SEC. 3. RIGHTS OF CITIZENS.

       The right of an individual who is a citizen of the United 
     States to vote in any election for Federal office shall not 
     be denied or abridged because that individual has been 
     convicted of a criminal offense unless such individual is 
     serving a felony sentence in a correctional institution or 
     facility at the time of the election.

     SEC. 4. ENFORCEMENT.

       (a) Attorney General.--The Attorney General may, in a civil 
     action, obtain such declaratory or injunctive relief as is 
     necessary to remedy a violation of this Act.
       (b) Private Right of Action.--
       (1) A person who is aggrieved by a violation of this Act 
     may provide written notice of the violation to the chief 
     election official of the State involved.
       (2) Except as provided in paragraph (3), if the violation 
     is not corrected within 90 days after receipt of a notice 
     under paragraph (1), or within 20 days after receipt of the 
     notice if the violation occurred within 120 days before the 
     date of an election for Federal office, the aggrieved person 
     may, in a civil action obtain declaratory or injunctive 
     relief with respect to the violation.
       (3) If the violation occurred within 30 days before the 
     date of an election for Federal office, the aggrieved person 
     need not provide notice to the chief election official of the 
     State under paragraph (1) before bringing a civil action to 
     obtain declaratory or injunctive relief with respect to the 
     violation.

     SEC. 5. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.

       (a) State Notification.--
       (1) Notification.--On the date determined under paragraph 
     (2), each State shall notify in writing any individual who 
     has been convicted of a criminal offense under the law of 
     that State that such individual has the right to vote in an 
     election for Federal office pursuant to the Democracy 
     Restoration Act and may register to vote in any such 
     election.
       (2) Date of notification.--
       (A) Felony conviction.--In the case of such an individual 
     who has been convicted of a felony, the notification required 
     under paragraph (1) shall be given on the date on which the 
     individual--
       (i) is sentenced to serve only a term of probation; or
       (ii) is released from the custody of that State (other than 
     to the custody of another State or the Federal Government to 
     serve a term of imprisonment for a felony conviction).
       (B) Misdemeanor conviction.--In the case of such an 
     individual who has been convicted of a misdemeanor, the 
     notification required under paragraph (1) shall be given on 
     the date on which such individual is sentenced by a State 
     court.
       (b) Federal Notification.--
       (1) Notification.--On the date determined under paragraph 
     (2), the Director of the Bureau of Prisons shall notify in 
     writing any individual who has been convicted of a criminal 
     offense under Federal law that such individual has the right 
     to vote in an election for Federal office pursuant to the 
     Democracy Restoration Act and may register to vote in any 
     such election.
       (2) Date of notification.--
       (A) Felony conviction.--In the case of such an individual 
     who has been convicted of a felony, the notification required 
     under paragraph (1) shall be given on the date on which the 
     individual--
       (i) is sentenced to serve only a term of probation by a 
     court established by an Act of Congress; or
       (ii) is released from the custody of the Bureau of Prisons 
     (other than to the custody of a State to serve a term of 
     imprisonment for a felony conviction).
       (B) Misdemeanor conviction.--In the case of such an 
     individual who has been convicted of a misdemeanor, the 
     notification required under paragraph (1) shall be given on 
     the date on which such individual is sentenced by a State 
     court.

     SEC. 6. DEFINITIONS.

       For purposes of this Act:
       (1) Correctional institution or facility.--The term 
     ``correctional institution or facility'' means any prison, 
     penitentiary, jail, or other institution or facility for the 
     confinement of individuals convicted of criminal offenses, 
     whether publicly or privately operated, except that such term 
     does not include any residential community treatment center 
     (or similar public or private facility).
       (2) Election.--The term ``election'' means--
       (A) a general, special, primary, or runoff election;
       (B) a convention or caucus of a political party held to 
     nominate a candidate;
       (C) a primary election held for the selection of delegates 
     to a national nominating convention of a political party; or
       (D) a primary election held for the expression of a 
     preference for the nomination of persons for election to the 
     office of President.
       (3) Federal office.--The term ``Federal office'' means the 
     office of President or Vice President of the United States, 
     or of Senator or Representative in, or Delegate or Resident 
     Commissioner to, the Congress of the United States.
       (4) Probation.--The term ``probation'' means probation, 
     imposed by a Federal, State, or local court, with or without 
     a condition on the individual involved concerning--
       (A) the individual's freedom of movement;
       (B) the payment of damages by the individual;
       (C) periodic reporting by the individual to an officer of 
     the court; or
       (D) supervision of the individual by an officer of the 
     court.

     SEC. 7. RELATION TO OTHER LAWS.

       (a) State Laws Relating to Voting Rights.--Nothing in this 
     Act shall be construed to prohibit the States enacting any 
     State law which affords the right to vote in any election for 
     Federal office on terms less restrictive than those 
     established by this Act.
       (b) Certain Federal Acts.--The rights and remedies 
     established by this Act are in addition to all other rights 
     and remedies provided by law, and neither rights and remedies 
     established by this Act shall supersede, restrict, or limit 
     the application of the Voting Rights Act of 1965 (42 U.S.C. 
     1973 et seq.) or the National Voter Registration Act (42 
     U.S.C. 1973-gg).

     SEC. 8. FEDERAL PRISON FUNDS.

       No State, unit of local government, or other person may 
     receive or use, to construct or otherwise improve a prison, 
     jail, or other place of incarceration, any Federal grant 
     amounts unless that person has in effect a program under 
     which each individual incarcerated in that person's 
     jurisdiction who is a citizen of the United States is 
     notified, upon release from such incarceration, of that 
     individual's rights under section 3.

     SEC. 9. EFFECTIVE DATE.

       This Act shall apply to citizens of the United States 
     voting in any election for Federal office held after the date 
     of the enactment of this Act.




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