[Congressional Record Volume 155, Number 56 (Thursday, April 2, 2009)]
[Senate]
[Pages S4315-S4386]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. MURKOWSKI:
  S. 784. A bill to provide for the recognition of certain Native 
communities and the settlement of certain claims under the Alaska 
Native Claims Settlement Act, and for other purposes; to the Committee 
on Energy and Natural Resources.
  Ms. MURKOWSKI. Mr. President, I rise to introduce a bill to allow 
five Southeast Alaska communities to finally be allowed to form urban 
corporations under the terms of 1971's Alaska Native Claims Settlement 
Act, the Unrecognized Southeast Alaska Native Communities Recognition 
and Compensation Act.
  At the very beginning of the Alaska Native Claims Settlement Act of 
1971 there are a series of findings and declarations of congressional 
policy that explain the underpinnings of this landmark legislation.
  The first clause reads, ``There is an immediate need for a fair and 
just settlement of all claims by Natives and Native groups of Alaska, 
based on aboriginal land claims.'' The second clause states, ``The 
settlement should be accomplished rapidly, with certainty, in 
conformity with the real economic and social needs of Natives.''
  Mr. President, 37, going on 38, years have passed since the Alaska 
Native Claims Settlement Act became law and still the Native peoples of 
five communities in Southeast Alaska--Ketchikan, Wrangell, Petersburg, 
Tenakee and Haines--the five ``landless communities'' are still waiting 
for their fair and just settlement.
  The Alaska Native Claims Settlement Act awarded $966 million and 44 
million acres of land to Alaska Natives and provided for the 
establishment of Native Corporations to receive and manage such funds 
and lands. The beneficiaries of the settlement were issued stock in one 
of 13 regional Alaska Native corporations--12 based in Alaska. Most 
beneficiaries also had the option to enroll and receive stock in a 
village, group or urban corporation.
  For reasons that still defy clear explanation the Native peoples of 
the ``landless communities,'' were not permitted by the Alaska Native 
Claims Settlement Act to form village or urban corporations. These 
communities were excluded from this benefit even though they did not 
differ significantly from other communities in Southeast Alaska that 
were permitted to form village or urban corporations under the Alaska 
Native Claims Settlement Act. For example, Ketchikan had more Native 
residents in 1970, the year of a member census, than Juneau, which was 
permitted to form the Goldbelt urban corporation. This finding was 
confirmed in a February 1994 report submitted by the Secretary of the 
Interior at the direction of the Congress. That study was conducted by 
the Institute of Social and Economic Research at the University of 
Alaska.
  The Native people of Southeast Alaska have recognized the injustice 
of this oversight for more than 34 years. An independent study issued 
more than 12 years ago confirms that the grievance of the landless 
communities is legitimate. Legislation has been introduced in the past 
sessions of Congress to remedy this injustice. Hearings have been held 
and reports written. Yet legislation to right the wrong has inevitably 
stalled out. This December marks the 38th anniversary of Congress' 
promise to the Native peoples of Alaska, the promise of a rapid and 
certain settlement. And still the landless communities of Southeast 
Alaska are landless.
  I am convinced that this cause is just, it is right, and it is about 
time that the Native peoples of the five landless communities receive 
what has been denied them for so long.
  The legislation that I am introducing today would enable the Native 
peoples of the five ``landless communities'' to organize five ``urban 
corporations,'' one for each unrecognized community. These newly formed 
corporations would be offered and could accept the surface estate to 
23,040 acres of land--one township as granted all other village 
corporations. Sealaska Corporation, the regional Alaska Native 
Corporation for Southeast Alaska, would receive title to the subsurface 
estate to the designated lands. The urban corporations would each 
receive a lump sum payment to be used as start-up funds for the newly 
established corporation. The Secretary of the Interior would determine 
other appropriate compensation to redress the inequities faced by the 
unrecognized communities.
  It is long past time that we return to the Native peoples of 
Southeast Alaska a small slice of the aboriginal lands that were once 
theirs alone. It is time that we open our minds and open our hearts to 
correcting this injustice that has gone on far too long and finally 
give the Native peoples of Southeast Alaska the rapid and certain 
settlement for which they have been waiting.
                                 ______
                                 
      By Ms. MURKOWSKI (for herself and Mr. Begich):
  S. 785. A bill to establish a grant program to encourage retooling of 
entities in the timber industry in Alaska, and for other purposes; to 
the Committee on Environment and Public Works.
  Ms. MURKOWSKI. Mr. President, I rise to speak about a bill that I 
have introduced, the Southeast Alaska Timber Industry Retooling and 
Restructuring Act, which is intended to stimulate employment in 
Southeast Alaska, by helping firms that have focused on the region's 
timber industry to modernize or branch out into new industries.
  In 1954, the US Department of Agriculture encouraged the development 
of a sawmill and pulp mill timber industry in the Tongass National 
Forest in Southeast Alaska, which at 16.98 million acres is the largest 
national forest in America. From the startup of the pulp mills in 
Ketchikan and in Sitka in 1961 to passage of the Alaska National 
Interest Lands Conservation Act in 1980, the Tongass was producing 
about 600 million board feet of timber a year, generating 3,500 direct 
and 2,500 indirect jobs and providing the largest number of year-round 
jobs in the region.
  But following passage of ANILCA that created 14 wilderness areas 
covering about 4.9 million acres and the follow up Tongass Timber 
Reform Act of 1990 that placed another 727,762 acres into protected 
non-roaded status and created another 12 wilderness areas containing 
300,000 acres, the timber harvest and thus timber industry-related 
employment plummeted in the region--an area nearly the size of Maine. 
While the two pulp mills closed in the mid 1990's, sawmills have tried 
to survive on the then anticipated 268 mmbf of allowable timber 
harvest. But a litany of Federal forest policy changes from the 
Clinton-era roadless policy, to changes in Forest Service sale and road 
policies, to sale delays caused by litigation have resulted in harvest 
levels falling to 28 million board feet from Federal lands and less 
than 50 million from private lands in 2008. That harvest level is far 
below the 192 mmbf reached in 2006 and about half of the 144 mmbf of 
2007. Recent years have been drastically down from the 495 million 
board feet harvested from all lands as recently as 1997.
  Year round timber employment, according to U.S. Forest Service in 
2007, the last year of current full data, was 402 jobs, just 13 percent 
of the employment of a decade earlier. The impacts on the region's 
economy have been clearly documented. According to a report by The 
McDowell Group consultants, total timber-related payroll in 2007 hit 
just $17 million, compared to $300 million in 1990. Currently, 
according to the State of Alaska, unemployment in December 2008 has 
reached 16.5 percent on Prince of Wales Island, the resource base for 
traditional southern timber operations, and 24.6 percent in the Hoonah 
and Angoon area, the former resource base for central timber

[[Page S4316]]

operations--three times the rising national average.
  This bill is a measure that calls on the Federal Government to 
finally acknowledge its role in the reduction of economic activity in 
the region. By the act, the Government would on a one-time basis, allow 
the Secretary of Agriculture to provide grants to allow existing timber 
facilities to retool either to adopt new timber production practices 
that can operate profitably on far smaller harvests or to convert 
timber plants to totally new types of manufacturing/business 
operations, leaving timber-dependent work. Firms--sawmills, logging 
companies and road construction companies involved in timber work for 
at least a decade--that seek funding for ``retooling projects'' must 
submit business plans and demonstrate the likelihood of success. More 
importantly they must commit to the ``extent practicable'' to continue 
to employ substantially the same number of employees for a 
``reasonable'' period after completion of a retooling project. To limit 
the impact of the aid, grants may only go to businesses hat operated in 
the Tongass for not less than 10 years prior to Jan. 1, 2009. The 
program sunsets within 2 years with the maximum authorization of aid 
being $40 million subject to appropriation.
  The bill would allow companies that used to build Forest Service 
timber roads, for example, to buy more appropriate equipment to bid on 
Federal highway work and water and sewer line work. It could help firms 
move into sand and gravel operations. It could allow sawmills with 
water access to be converted to marine repair facilities or into wood 
treatment plants. And it might allow some mills to convert to higher 
value-added products requiring less raw materials, like door and window 
sash manufacturing.
  The changes would ease environmental pressures on timber stands, 
while aiding the economy by helping to replace the former year-round 
jobs in a region now nearly solely dependent on fishing and tourism 
income, besides government-sector spending, for employment. In a region 
where non-government jobs are precious, it could stimulate job 
retention and help create new employment. At a time when Congress is 
contemplating spending nearly $1 trillion to stimulate employment, this 
measure is a reasonable expenditure to help potentially transition 
employees to 21st century jobs. The Federal Government was the leading 
advocate for the establishment of a pulp-timber industry in the region 
following World War II. It is more than fitting that it provide more 
assistance to help the region transition to a new era of reduced timber 
harvests--an era prompted by major environmental legislation that this 
Congress passed in 1980 and 1990 that is largely responsible for the 
sharp drop in timber harvests. I hope this body will give fair and 
swift consideration to this measure.
                                 ______
                                 
      By Mr. AKAKA (for himself, Mr. Schumer, Mr. Inouye, and Mr. 
        Lieberman):
  S. 786. A bill to authorize a grant program to provide for expanded 
access to mainstream financial institutions; to the Committee on 
Banking, Housing, and Urban Affairs.
  Mr. AKAKA. Mr. President, today I am reintroducing the Improving 
Access to Mainstream Financial Institutions Act of 2009. This bill 
provides economic empowerment and educational opportunities for working 
families by helping bank the unbanked and increasing access to 
financial literacy opportunities. It will also encourage the use of 
mainstream financial institutions for working families that need small 
loans. I thank my cosponsors, Senators Schumer, Inouye, and Lieberman.
  Too many Americans lack basic financial literacy. Americans of all 
ages and backgrounds face increasingly complex financial decisions as 
members of the nation's workforce, managers of their families' 
resources, and voting citizens. Many find these decisions confusing and 
frustrating because they lack the tools necessary that would enable 
them to make wise, personal choices about their finances.
  Without a sufficient understanding of economics and personal finance, 
individuals will not be able to appropriately manage their finances, 
effectively evaluate credit opportunities, successfully invest for 
long-term financial goals in an increasingly complex marketplace, or be 
able to cope with difficult financial situations. Unfortunately, today 
too many working families are struggling as they are confronted with 
increases in energy and food costs or the loss of a job.
  We must work toward improving education, consumer protections, and 
empowering individuals and families through economic and financial 
literacy in order to build stronger families, businesses, and 
communities. The bill that I am introducing today would help to 
educate, empower and protect consumers.
  Millions of working families do not have a bank or credit union 
account. The unbanked rely on alternative financial service providers 
to obtain cash from checks, pay bills, and send remittances. Many of 
the unbanked are low- and moderate-income families that can ill afford 
to have their earnings diminished by reliance on these high-cost and 
often predatory financial services. Among those families who make up 
the bottom 20 percent of earners, one in four does not have a 
transaction account according to the Federal Reserve's Survey of 
Consumer Finances. Indeed, the unbanked are often among the most 
vulnerable. More than 15 percent of families headed by a single parent 
are unbanked. The unbanked are unable to save securely to prepare for 
the loss of a job, a family illness, a down payment on a first home, or 
education expenses making it difficult for these individuals to better 
their finances.
  My bill authorizes grants intended to help low- and moderate-income 
unbanked individuals establish bank or credit union accounts. Providing 
access to a bank or credit union account can empower families with 
tremendous financial opportunities. An account at a bank or credit 
union provides consumers with alternatives to rapid refund loans, check 
cashing services, and high cost remittances. In addition, bank and 
credit union accounts provide access to saving and borrowing services.
  Low- and moderate-income individuals are often challenged with a 
number of barriers that limit their ability to open and maintain 
accounts. Regular checking accounts may be too costly for some 
consumers unable to maintain minimum balances or unable to afford 
monthly fees. Poor credit histories may also hinder their ability to 
open accounts. By providing Federal resources for product development, 
administration, outreach, and financial education, banks and credit 
unions will be better able to reach out and bank the unbanked.
  The second grant program authorized by my legislation provides 
consumers with a lower cost, short term alternative to payday loans. 
More needs to be done to encourage mainstream financial service 
providers to develop affordable small loan products. My legislation 
will help support the development of affordable credit products at bank 
and credit unions. Working families would be better off by going to 
their credit unions and banks, mainstream financial services providers, 
than payday loan shops. Payday loans are cash loans repaid by 
borrowers' postdated checks or borrowers' authorizations to make 
electronic debits against existing financial accounts. Payday loans 
often have triple digit interest rates that range from 390 percent to 
780 percent when expressed as an annual percentage rate. Loan flipping, 
which is a common practice, is the renewing of loans at maturity by 
paying additional fees without any principal reduction. Loan flipping 
often leads to instances where the fees paid for a payday loan well 
exceed the principal borrowed. This situation often creates a cycle of 
debt that is hard to break.
  There is a great need for working families to have access to 
affordable small loans. My legislation would encourage banks and credit 
unions to develop payday loan alternatives. Consumers who apply for 
these loans would be provided with financial literacy and educational 
opportunities. Loans extended to consumers under the grant would be 
subject to the annual percentage rate promulgated by the National 
Credit Union Administration's, Loan Interest Rates. Several credit 
unions have developed similar products.
  I will work to enact this legislation so vital to empowering our 
citizens. In our current, modern, complex economy, not having a bank or 
credit union

[[Page S4317]]

account severely hinders the ability of families to improve their 
financial condition or help them navigate difficult financial 
circumstances. Instead of borrowing money from payday lenders at 
outrageous fees, we need to encourage people to utilize their credit 
unions and banks for affordable small loans. Banks and credit unions 
have the ability to make the lives of working families better by 
helping them save,
  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. 786

       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 ``Improving Access to 
     Mainstream Financial Institutions Act of 2009''.

     SEC. 2. DEFINITIONS.

       In this Act, the following definitions shall apply:
       (1) Alaska native corporation.--The term ``Alaska Native 
     Corporation'' has the same meaning as the term ``Native 
     Corporation'' under section 3(m) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1602(m)).
       (2) Community development financial institution.--The term 
     ``community development financial institution'' has the same 
     meaning as in section 103(5) of the Community Development 
     Banking and Financial Institutions Act of 1994 (12 U.S.C. 
     4702(5)).
       (3) Federally insured depository institution.--The term 
     ``federally insured depository institution'' means any 
     insured depository institution (as that term is defined in 
     section 3 of the Federal Deposit Insurance Act (12 U.S.C. 
     1813)) and any insured credit union (as that term is defined 
     in section 101 of the Federal Credit Union Act (12 U.S.C. 
     1752)).
       (4) Labor organization.--The term ``labor organization'' 
     means an organization--
       (A) in which employees participate;
       (B) which exists for the purpose, in whole or in part, of 
     dealing with employers concerning grievances, labor disputes, 
     wages, rates of pay, hours of employment, or conditions of 
     work; and
       (C) which is described in section 501(c)(5) of the Internal 
     Revenue Code of 1986.
       (5) Native hawaiian organization.--The term ``Native 
     Hawaiian organization'' means any organization that--
       (A) serves and represents the interests of Native 
     Hawaiians; and
       (B) has as a primary and stated purpose, the provision of 
     services to Native Hawaiians.
       (6) Payday loan.--The term ``payday loan'' means any 
     transaction in which a small cash advance is made to a 
     consumer in exchange for--
       (A) the personal check or share draft of the consumer, in 
     the amount of the advance plus a fee, where presentment or 
     negotiation of such check or share draft is deferred by 
     agreement of the parties until a designated future date; or
       (B) the authorization of the consumer to debit the 
     transaction account or share draft account of the consumer, 
     in the amount of the advance plus a fee, where such account 
     will be debited on or after a designated future date.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury.
       (8) Tribal organization.--The term ``tribal organization'' 
     has the same meaning as in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).

     SEC. 3. EXPANDED ACCESS TO MAINSTREAM FINANCIAL INSTITUTIONS.

       (a) Establishment of Program.--The Secretary is authorized 
     to award grants, including multi-year grants, to eligible 
     entities to establish an account in a federally insured 
     depository institution for low- and moderate-income 
     individuals that currently do not have such an account.
       (b) Eligible Entities.--An entity is eligible to receive a 
     grant under this section, if such an entity is--
       (1) an organization described in section 501(c)(3) of the 
     Internal Revenue Code of 1986, and is exempt from taxation 
     under section 501(a) of such Code;
       (2) a federally insured depository institution;
       (3) an agency of a State or local government;
       (4) a community development financial institution;
       (5) an Indian tribal organization;
       (6) an Alaska Native Corporation;
       (7) a Native Hawaiian organization;
       (8) a labor organization; or
       (9) a partnership comprised of 1 or more of the entities 
     described in the preceding subparagraphs.
       (c) Evaluation and Reports to Congress.--For each fiscal 
     year in which a grant is awarded under this section, the 
     Secretary shall submit a report to Congress containing a 
     description of the activities funded, amounts distributed, 
     and measurable results, as appropriate and available.

     SEC. 4. LOW COST ALTERNATIVES TO PAYDAY LOANS.

       (a) Establishment of Program.--The Secretary is authorized 
     to award demonstration project grants (including multi-year 
     grants) to eligible entities to provide low-cost, small loans 
     to consumers that will provide alternatives to more costly, 
     predatory payday loans.
       (b) Eligible Entities.--An entity is eligible to receive a 
     grant under this section if such an entity is--
       (1) an organization described in section 501(c)(3) of the 
     Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code;
       (2) a federally insured depository institution;
       (3) a community development financial institution; or
       (4) a partnership comprised of 1 or more of the entities 
     described in paragraphs (1) through (3).
       (c) Terms and Conditions.--
       (1) Percentage rate.--For purposes of this section, an 
     eligible entity that is a federally insured depository 
     institution shall be subject to the annual percentage rate 
     promulgated by the National Credit Union Administration's 
     Loan Interest Rates under part 701 of title 12, Code of 
     Federal Regulations (or any successor thereto), in connection 
     with a loan provided to a consumer pursuant to this section.
       (2) Financial literacy and education opportunities.--Each 
     eligible entity awarded a grant under this section shall 
     offer financial literacy and education opportunities, such as 
     relevant counseling services or educational courses, to each 
     consumer provided with a loan pursuant to this section.
       (d) Evaluation and Reports to Congress.--For each fiscal 
     year in which a grant is awarded under this section, the 
     Secretary shall submit a report to Congress containing a 
     description of the activities funded, amounts distributed, 
     and measurable results, as appropriate and available.

     SEC. 5. PROCEDURAL PROVISIONS.

       (a) Applications.--A person desiring a grant under section 
     3 or 4 shall submit an application to the Secretary, in such 
     form and containing such information as the Secretary may 
     require.
       (b) Limitation on Administrative Costs.--A recipient of a 
     grant under section 3 or 4 may use not more than 6 percent of 
     the total amount of such grant in any fiscal year for the 
     administrative costs of carrying out the programs funded by 
     such grant in such fiscal year.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary, 
     such sums as are necessary to carry out the grant programs 
     authorized by this Act, to remain available until expended.

     SEC. 7. REGULATIONS.

       The Secretary is authorized to promulgate regulations to 
     implement and administer the grant programs authorized by 
     this Act.
                                 ______
                                 
      By Mr. FEINGOLD (for himself, Mrs. Boxer, Mr. Cardin, Mr. Brown, 
        Ms. Cantwell. Mr. Carper, Mr. Dodd, Mr. Durbin, Mrs. 
        Gillibrand, Mr. Kerry, Mr. Kohl, Mr. Lautenberg, Mr. Leahy, Mr. 
        Levin, Mr. Lieberman, Mr. Menendez, Mr. Merkley, Mr. Reed, Mr. 
        Sanders, Mr. Schumer, Mrs. Shaheen, Ms. Stabenow, Mr. 
        Whitehouse, and Mr. Wyden):
  S. 787. A bill to amend the Federal Water Pollution Control Act to 
clarify the jurisdiction of the United States over waters of the United 
States; to the Committee on Environment and Public Works.
  Mr. FEINGOLD. Mr. President, today I am introducing legislation to 
restore Clean Water Act protections for the same waters that were 
covered by the Act prior to two recent divisive U.S. Supreme Court 
decisions. I want to thank Senators Boxer, Cardin, Brown, Cantwell, 
Carper, Dodd, Durbin, Gillibrand, Kerry, Kohl, Lautenberg, Leahy, 
Levin, Lieberman, Menendez, Merkley, Reed, Sanders, Schumer, Shaheen, 
Stabenow, Whitehouse, and Wyden for joining me in introducing this 
important legislation.
  For 35 years, the American people have relied upon the Clean Water 
Act to protect and restore the health of the Nation's waters. The 
primary goal of the act to make rivers, streams, wetlands, lakes, and 
coastal waters safe for fishing, swimming and other recreation, 
suitable for our drinking water supply and agricultural and industrial 
uses, and available for wildlife and fish habitat has broad public 
support not only as a worthy endeavor but also as a fundamental 
expectation of Government providing for its citizens. It is our 
responsibility to ensure that our freshwater resources are able to 
enhance human health, contribute to the economy, and help the 
environment.
  We must remain committed to the Clean Water Act of 1972, and to that 
end, Congress must enact legislation. Every day that Congress fails to 
act, more and more rivers, streams, wetlands and other waters that have 
long

[[Page S4318]]

been protected by the Clean Water Act are being stripped of their Clean 
Water Act protections and being polluted or destroyed altogether. 
According to the Environmental Protection Agency, over 20,000 
determinations have been made since the court decisions on whether 
specific water bodies are covered by the act. Congress should not delay 
action until protections are stripped from more water bodies throughout 
the country. The EPA estimates that the court decisions could 
ultimately impact over half the stream miles and 20 percent of wetlands 
in the lower 48 States. Lost protections for these waters means the 
drinking water sources for over 110 million Americans are in jeopardy 
of pollution.
  The Clean Water Restoration Act must be enacted to restore historical 
protections, using a surgical fix that reaffirms protections for the 
same categories of waters identified in the over three-decade-old EPA 
regulatory definition of ``waters of the United States.''
  This is a serious problem, demanding serious debate and action. If we 
do not act, we will be allowing the Clean Water Act to be rolled back. 
That would mean increased uncertainty, confusion, litigation, and 
permitting delays resulting from the court decisions and subsequent 
agency guidelines. It also would pose a very real threat to Clean Water 
Act protections for public water supplies, industrial and agriculture 
uses, fish and wildlife, and recreation.
  I am pleased to lead the effort to protect the Clean Water Act in the 
Senate, and to have support from a range of interested parties, 
including former EPA Administrators from both Republican and Democratic 
administrations; governors; attorneys general; State agencies; 
professional societies and associations; labor and business 
professionals and unions; farming organizations; and over 400 hunting, 
fishing, recreational, and conservation organizations.
  In response to suggestions I received last Congress, I made several 
revisions to the bill to make Congressional intent very clear.
  My bill, the Clean Water Restoration Act, would continue to protect 
only those waters historically protected by the Clean Water Act prior 
to the Supreme Court decisions. This is the crux of my bill, Section 4. 
In 1972, Congress granted Clean Water Act protections to ``navigable 
waters'' and broadly defined those as ``the waters of the United 
States, including the territorial seas'', in stark contrast to the 1899 
Rivers and Harbors Act, which had only provided protections for the 
commercially navigable waters. Since the 1970s, EPA and Corps 
regulations, 40 CFR 122.2 and 33 CFR 328.3, have properly established 
the scope of ``waters of the United States'' to be protected, including 
all intrastate and interstate rivers, streams, lakes, and wetlands. My 
bill simply takes the longstanding, existing regulatory definition for 
``waters of the United States'' and puts it into law, in lieu of 
defining ``navigable waters'' as ``waters of the United States,'' as 
the Act does now. This surgical fix is necessary because the Supreme 
Court used the word ``navigable'' to create a more narrow definition 
for ``waters of the United States'' than the definition used for over 
30 years. The Court did not, however, limit protections more 
drastically to only ``navigable-in-fact'' and continuously flowing 
waters as some interests have called for. This might have been the law 
in 1899 when the Rivers and Harbors Act focused on commercial 
navigation, but it would be entirely inappropriate for the modern day 
clean water protections provided by the Clean Water Act of 1972.
  My bill also asserts appropriate constitutional authority to protect 
the Nation's waters. Despite claims to the contrary, Congress has broad 
constitutional authority, including under the Commerce Clause, Property 
Clause, Treaty Clause, and Necessary and Proper Clause, to enact laws 
protecting our nation's water quality. To prevent future courts from 
narrowly applying Congress's constitutional authority, my bill includes 
the phrase ``activities affecting those waters.''
  My bill also maintains existing exemptions for farming, silviculture, 
ranching, and other activities, and leaves unchanged the activities 
that require a permit. The bill only ensures that the same types of 
waters covered before the Supreme Court decisions continue to be 
protected and does not affect the activities that require permits. In 
short, if you have not needed a permit for the last thirty-five years 
for an activity, you will not need one when this bill is enacted.
  Importantly, in 1977, when the Act was modified, a significant 
compromise was reached to exempt farming, silviculture, and forestry 
activities from the Act. I stand by this understanding, and just to be 
sure, the Clean Water Restoration Act explicitly states that the Act's 
existing exemptions are maintained. As stated in the Act and left 
unchanged by my bill, agricultural activities are largely exempt from 
the Clean Water Act [the main permitting programs affecting agriculture 
address point-source discharge, Section 402, not non-point, and the 
dredging and filling of waters, Section 404. The following agricultural 
activities are exempt: normal farming activities (which casts a wide 
net for plowing, cultivating, harvesting, conservation practices, 
etc.), agriculture run-off/stormwater discharges, return flows from 
irrigation, maintenance and construction of farm roads, farm and stock 
ponds, and irrigation ditches, and maintenance of drainage ditches. 
There are additional EPA regulatory exemptions for prior converted 
cropland, and wastewater treatment systems, including treatment lagoons 
and ponds. Again, my bill does not affect these exemptions and the 
findings make Congressional intent very clear in this regard.
  In short, my bill will allow those waters always protected by the 
Clean Water Act to continue to receive basic protections. I appreciate 
the depth and breadth of support for reaffirming the Clean Water Act of 
1972 and importantly, rejecting efforts to roll back the law.
  Mr. WYDEN. Mr. President, If there is one environmental issue that 
divides us more than unites us, it's water, especially in the West.
  Farmers, ranchers, cities, towns, all compete for limited supplies. 
Salmon and other economically and culturally important fish depend on 
its flow. If it is not water quantity, then it is water quality that 
makes what gets passed on to the next water user the source of 
contention.
  The Clean Water Act has been enormously successful at making water 
users clean up the water that they use before it is discharged back 
into lakes, rivers, and streams, and, before it's used by the next 
person downstream. It has also helped ensure the survival of fish and 
wildlife.
  Over the past 8 years, the U.S. Supreme Court has rendered two major 
decisions that have restricted the scope of the Act. As it is now being 
interpreted by the U.S. Environmental Protection Agency and the Corps 
of Engineers, the Act no longer prevents the discharge of pollution or 
fill into many wetlands or intermittent streams, lakes and ponds. By 
some estimates, more than half the streams in Oregon could be 
classified as intermittent streams and no longer protected. Another 
estimate concludes that over one million Oregonians get their drinking 
water from sources that would no longer be fully protected by the Clean 
Water Act. I think this is the wrong thing to do.
  Last year, I cosponsored S. 1870--the Clean Water Restoration Act--
legislation which was intended to return the protections of the Clean 
Water Act to the way they were before these two Supreme Court decisions 
occurred. No more, and no less.
  In my town hall meetings around Oregon, I have received questions and 
complaints about this legislation. The biggest concern that many people 
had was that this new bill was actually going to expand the reach of 
the Federal Government over water regulation in ways that would 
literally threaten the ability of farmers to farm and ranchers to 
ranch. People were also concerned that this legislation would not only 
regulate discharges into rivers and streams, but it would also regulate 
the quantity of water they use.
  I am no supporter of Federal water grabs. I would not have 
cosponsored this legislation in the last Congress if it would threaten 
Oregon farmers' ability to farm or our ranchers' ability to ranch. I 
would have opposed it.
  Ranchers and farmers and forest owners know how to be stewards of the 
land they ranch and farm and manage because their livelihoods depend on 
it,

[[Page S4319]]

and if they are not careful about how they manage that land there will 
be nothing to pass on to the next generation. The same is true for how 
we must treat our rivers, streams and wetlands.
  So over the past few months, my staff and I have worked with Senator 
Feingold, the primary sponsor of the bill, to clarify that intent of 
this legislation is to simply restore the interpretation of the Clean 
Water Act to what it had been before these Supreme Court decisions. No 
more, and no less.
  Earlier this year, in response to my concerns about how the bill 
would impact rural Oregon, Senator Feingold reiterated in a letter to 
me his intent that the Clean Water Restoration Act not expand the scope 
of the law. Sen. Feingold also revised the text of the bill in a way 
that I believe makes it even clearer that the goal is not to expand the 
scope of the Clean Water Act beyond what it was in 2001 before the 
Supreme Court decisions.
  First of all, the bill again includes a savings clause that clearly 
continues the existing exemption for irrigation return flows from Clean 
Water Act regulation. It continues the exemption for dredged or fill 
materials from normal farming, silviculture and ranching activities. It 
continues the exemption for construction and maintenance of farm or 
stock ponds or irrigation ditches and drainage ditches. It continues 
the exemption for construction and maintenance of farm roads or forest 
roads.
  Second, the bill now contains a much more detailed set of findings 
that make it absolutely clear that the intent of Congress with 
enactment of the bill is to restore the regulatory system for the Clean 
Water Act to what it was before these two Supreme Court decisions. 
These findings also make it clear that the bill is not regulating 
ground water, only surface water, just as the Clean Water Act has 
always done. The findings make it clear that exclusions for prior 
converted cropland and manmade impoundments remain in place. They make 
it clear that the intent is to regulate water quality, not quantity or 
ownership.
  If more changes are needed to ensure that the bill does what Sen. 
Feingold and I say it does, than I am certainly open to making more 
changes to make sure the Senate gets this crucial issue right.
  Some people do not like the pre-2001 Clean Water Act regulatory 
system. Some believe that the Supreme Court did the right thing by 
removing many wetlands and intermittent streams and lakes from the 
protections of the Clean Water Act. I disagree. I think those 
protections are needed to protect our water supplies and our 
environment and wildlife habitat. Farmers and ranchers need those 
protections for their livelihoods. But I want to be absolutely clear, 
that I will not support expanding Federal authority in this area beyond 
what it was before 2001.
  Mr. President, I ask unanimous consent that a letter of support be 
printed in the Record.
  There being no objection, the material was ordered to be placed in 
the Record, as follows:

                                                  U.S. Senate,

                                  Washington, DC, January 8, 2009.
     Hon. Ron Wyden,
     U.S. Senate, Dirksen Senate Office Building,
     Washington, DC.
       Dear Senator Wyden: Thank you for your commitment to 
     reinstating longstanding Clean Water Act protections, which 
     have been unquestionably reduced and blurred by recent 
     Supreme Court decisions. I appreciate you contacting me on 
     behalf of your constituents with some important questions 
     about the intent and effect of my bill, the Clean Water 
     Restoration Act.
       Like you, I am committed to restoring the scope of the 
     Clean Water Act of 1972 and strongly oppose efforts to roll 
     back the Act--which is happening and will continue to happen 
     until Congress acts. A recent investigation by the House 
     Committee on Oversight and Government Reform and the 
     Committee on Transportation and Infrastructure found that the 
     2006 Rapanos case and subsequent agency guidance are directly 
     responsible for ``a drastic deterioration of [the 
     Environmental Protection Agency's] Clean Water Act 
     enforcement program . . . hundreds of violations have not 
     been pursued.'' The investigation revealed that top EPA 
     officials warned that ``the difficulty in interpreting and 
     applying the Rapanos decision and the Inter-Agency guidance 
     has created a drain on [EPA] resources, caused delays and 
     uncertainty in compliance determinations. . . .'' According 
     to the EPA, over 50 percent of U.S. streams, 20 million acres 
     of wetlands, and the drinking water for 110 million Americans 
     remain in jeopardy of being polluted or destroyed as a result 
     of the Supreme Court decisions.
       Since Congress is the only branch of government that can 
     reinstate protections and prevent a significant roll-back of 
     the Act. I introduced the Clean Water Restoration Act to do 
     just that, and only that.
       The bill will not increase permitting and does not change 
     the requirements for what activities need a permit. The Clean 
     Water Restoration Act would only modify one term in the Act 
     and does not alter any other sections of law, including those 
     identifying what activities need a permit. Nevertheless, when 
     the bill was reintroduced in the 110th Congress, we added a 
     savings clause to make it explicitly clear that the 
     exemptions for agriculture, ranching, and forestry are 
     maintained. The Act was amended in 1977 to add these 
     permitting exemptions and my bill will not change those 
     exemptions, or existing exemptions in the regulations that do 
     not require permits for agricultural activities affecting 
     prior converted cropland or for wastewater treatment systems.
       As you know, the Clean Water Act protects ``navigable 
     waters,'' which the Act broadly defines as ``waters of the 
     United States, including the territorial seas'' (though often 
     a source of confusion, the term ``navigable waters'' has a 
     very different meaning in the Clean Water Act than it does in 
     the Rivers and Harbors Act of 1899, which extends only very 
     narrow protections to commercially navigable waters). 
     ``Navigable waters'' and ``waters of the United States'' are 
     broadly defined, for purposes of the Clean Water Act, in the 
     Environmental Protection Agency and U.S. Army Corps of 
     Engineers' regulations to cover all waters necessary to 
     achieve the Act's water quality purposes. This includes such 
     so-called isolated wetlands as prairie potholes and playa 
     lakes, which have been jeopardized since the 2001 SWAIVCC 
     case, as well as intermittent streams, which remain 
     jeopardized by the 2006 Rapanos case and subsequent agency 
     guidance. In order to meet the intent and purpose of the 
     Clean Water Act of 1972, we must ensure all these waters 
     continue to be protected--which is why the Clean Water 
     Restoration Act defines ``waters of the United States'' using 
     the same list of waters.
       In your letter, you asked about an exchange at a hearing on 
     the bill in 2008 where the former Administrator of the EPA, 
     Carol Browner, responded to a question about whether a 
     ``puddle'' is a ``wetland.'' Though the question was likely 
     intended in jest, there is a longstanding, scientific process 
     for determining and delineating a wetland. Professional 
     determinations are made, for purposes of Section 404 of the 
     Clean Water Act, using the Corps regulatory definition of a 
     wetland. Wetlands generally include swamps, marshes, bogs, 
     and similar areas (33 CFR 328.3(b)).
       Lastly, the Clean Water Act does not regulate water 
     quantity, only water quality. Its purpose is to ``restore and 
     maintain the chemical, physical, and biological integrity of 
     the nation's waters'' (33 U.S.C. 1251 et seq.). I am pleased 
     to lead the effort to protect the Clean Water Act in the 
     Senate, and to have your support, as well as that of a range 
     of interested parties, including former EPA Administrators 
     from both Republican and Democratic administrations; 
     governors; attorneys general; state agencies; professional 
     societies and associations; labor and business professionals 
     and unions; farming organizations; and over 400 hunting. 
     fishing, recreational, and conservation organizations.
       Thanks for your efforts to educate others about the 
     importance of this legislation and the true purpose of the 
     Clean Water Restoration Act. As always. I am committed to 
     working with you and others to restore historical protections 
     to the waters of the United States.
           Sincerely,
                                              Russell D. Feingold.
                                 ______
                                 
      By Ms. SNOWE (for herself and Mr. Nelson, of Florida):
  S. 788. A bill to prohibit unsolicited mobile text message spam; to 
the Committee on Commerce, Science, and Transportation.
  Ms. SNOWE. Mr. President, I rise today, along with Senator Bill 
Nelson, to introduce legislation that would curb a growing nuisance 
that millions of wireless customers experience on a daily basis--
unsolicited text messages or mobile spam.
  Spam has long been loathed by email users around the world. It is for 
good reason--percent of all email sent worldwide is considered spam, 
which means close to 200 billion spam messages are sent every day. The 
vast majority of the spam sent on the Internet is done so illegally 
through the use of botnets, which are ``networks'' of hijacked or 
compromised computers. One botnet, Srizbi, which consists of more than 
450,000 compromised PCs is able to send on average more than 60 billion 
spam messages per day. Many of these spam messages include viruses, 
malicious spyware, or are phishing attacks.
  With more data functionality and improved user interfaces with 
wireless devices, it is expected that mobile spam will grow over the 
next several years. Those viruses and malware that are so prevalent on 
a user's computer could

[[Page S4320]]

and most likely will show up on their cell phones through m-spam. So a 
very significant threat to wireless users looms.
  While the FCC and the FTC have adopted rules to prohibit sending 
unwanted commercial e-mail messages to wireless devices without prior 
permission, text messages are not covered by their rules so it is not 
having the desired effect of deterring distribution of mobile spam, let 
alone email spam. The m-SPAM Act would provide more government 
attention to this growing problem and makes modifications to existing 
law in order to improve efforts to restrain mobile spam--before it 
becomes more than an annoyance.
  More text and voice spam are steadily invading handsets. Wireless 
users in the U.S. received more than 1.1 million spam text messages in 
2007, up 38 percent from 2006. Mobile spam not only clutters a wireless 
user's inbox, but it also unduly increases the monthly wireless bill--
wireless subscribers typically are charged for sending and receiving 
text messages--sometimes as much as 20 cents per message.
  Some telephone companies have been proactive in preventing spam--
wireless carriers already block up to 200 million unsolicited text 
messages per month, but many times the senders cannot be located and 
brought to justice without Government help. In May 2007, Verizon 
Wireless sued telemarketers that had inundated the company with more 
than 12 million mobile spam messages. The carrier was able to block 
most of them but the inundation still hit consumers with unwanted 
charges and the carrier with a congested network. So more can be done 
to prevent this aggravating practice and relieve consumers of having to 
resolve these charges on their bills. Even the wireless industry 
recently has urged government to do more to catch and prosecute 
spammers.
  That is why I sincerely hope that my colleagues will join Senator 
Bill Nelson and me in supporting this critical legislation.
                                 ______
                                 
      By Mr. BINGAMAN (for himself, Mr. Casey, Mr. Kohl, and Mr. Udall, 
        of New Mexico):
  S. 790. A bill to improve access to health care services in rural, 
frontier, and urban underserved areas in the United States by 
addressing the supply of health professionals and the distribution of 
health professionals to areas of need; to the Committee on Finance.
  Mr. BINGAMAN. Mr. President, I rise today with Senators Robert Casey, 
Herb Kohl, and Tom Udall to introduce the Health Access and Health 
Professions Supply Act of 2009.
  Health care reform is a national priority--far too many Americans do 
not have access to meaningful, affordable health insurance. But even if 
every person in the U.S. had health insurance, we do not have a 
cohesive or coordinated strategy to address health workforce 
emergencies and shortages, and problems with reliable access to 
quality, affordable care. Over 20 percent of Americans are living in 
health professions shortage areas without access to adequate medical, 
dental, and mental and behavioral health services. This workforce 
deficiency will worsen as the population ages and grows by an estimated 
25 million individuals per decade and, could be severely exacerbated by 
epidemics and disasters. It is estimated that without intervention, the 
United States will experience shortages of as many as 200,000 
physicians and one million nurses by 2020. It takes many years to 
create a pipeline of health professionals. I am introducing the Health 
Access and Health Professions Supply Act of 2009 to coordinate our 
health workforce strategy, to build and maintain this pipeline, so that 
health and safety of every American is protected. The legislation is 
based on the most recent recommendations developed by Council on 
Graduate Medical Education and other health workforce experts.
  This legislation addresses these issues in an unprecedented and 
comprehensive manner. It creates a Permanent National Health Workforce 
Commission to assure that the Federal investment in the education of 
health professionals is a public good that address the needs of the 
American people. The Commission is tasked to design, revise, implement 
and evaluate programs, grants, and regulations related to the nation's 
health workforce.
  The Health Access and Health Professions Supply Act of 2009 expands 
the Medicare medical home demonstration project. This pilot program 
would include 1,000 medical home primary care providers working in 
interdisciplinary teams. These clinicians will provide the highest 
quality medical care using the best health information technology, and 
personalized, coordinated, and accessible care.
  But new models are not enough. We have allowed our primary care 
educational infrastructure to crumble. Without intervention, the 
decline will likely continue, and access to care in underserved areas 
will rapidly deteriorate. Family physicians represent 58 percent of the 
rural physician workforce, 70 percent of non-federal physicians in 
whole-county health professional shortage areas, and 78 percent of 
primary care physician full-time equivalents in the National Health 
Service Corps. Yet, the number of graduates from medical school in the 
U.S. who choose to practice family medicine has plummeted 50 percent in 
less than 10 years. Currently, less than 5 percent of graduates from 
medical school specialize in primary care. This is despite the fact 
that one of the most significant measures of the effectiveness and 
efficiency of a healthcare system is the degree to which the population 
has access to meaningful and coordinated primary care.
  Experts tell us that the dearth of primary care providers may be 
attributed to many factors including low reimbursement levels and a 
lack of federal incentives to teaching institutions to promote primary 
care. My legislation would allow the National Health Workforce 
Commission to analyze these issues and recommend solutions including 
changes in Federal reimbursement systems. For example, this bill calls 
for improved transparency and accountability for Federal dollars spent 
for medical education through direct Graduate Medical Education, GME, 
and Indirect Medical Education, IME, and money paid in Disproportionate 
Share, DSH, support for safety net services provided under the Medicare 
and Medicaid programs.
  This legislation also substantially increases funding for the 
National Health Service Corps. This will help provide healthcare access 
to the areas of our country that are in most desperate need. Also, 
included are expanded loan forgiveness and grant programs to develop 
new training programs in rural and other underserved communities to 
help us train health professionals in areas where they are needed.
  The Health Access and Health Professions Supply Act of 2009 
establishes a U.S. Public Health Sciences Track to train physicians, 
dentists, nurses, physician assistants, mental and behavior health 
specialists, pharmacists, and public health professionals emphasizing 
team-based service, public health, epidemiology, and emergency 
preparedness and response in affiliated institutions. Students in this 
program are accepted as Commission Corps officers in the U.S. Public 
Health Service and will receive tuition remission and a stipend with a 
two year service commitment for each year of school covered. This group 
will form an elite cadre of healthcare professionals that can be 
deployed when epidemics, natural or other disasters strike.
  I am introducing the Health Access and Health Professions Supply Act 
of 2009 with the understanding that our health workforce shortfall 
cannot be solved using a piecemeal approach. We must address health 
workforce issues in health care reform to guarantee access to quality 
care for all Americans but we must also ensure that taxpayer dollars 
used to support health professions education are spent wisely.
  This legislation has received widespread support and is endorsement 
by the: National Association of Community Health Centers, National 
Rural Health Association, American Medical Students Association, Trust 
for America's Health, American Psychological Association, American 
Association of Colleges of Pharmacy, American Academy of Physician 
Assistants, Commissioned Officers Association of the U.S. Public Health 
Service, National Rural Recruitment and Retention Network, American 
Academy of Child and Adolescent Psychiatry, New Mexico Health 
Resources, New Mexico Medical Society, New Mexico Chapter of the 
American College of Physicians, and the Santa Fe Project Access.

[[Page S4321]]

  I urge my colleagues in the Senate to join us in support of the 
Health Access and Health Professions Supply Act of 2009.
  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. 790

       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 ``Health 
     Access and Health Professions Supply Act of 2009'' or 
     ``HAHPSA 2009''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.

             TITLE I--AMENDMENTS TO THE SOCIAL SECURITY ACT

Sec. 101. Permanent National Health Workforce Commission.
Sec. 102. State health workforce centers program.
Sec. 103. Medicare medical home service and training pilot program.
Sec. 104. Improvements to payments for graduate medical education under 
              medicare.
Sec. 105. Distribution of resident trainees in an emergency.
Sec. 106. Authority to include costs of training of psychologists in 
              payments to hospitals for approved educational activities 
              under Medicare.

         TITLE II--AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT

Sec. 201. Expansion of National Health Service Corps programs.
Sec. 202. National health service corps scholarship program for 
              medical, dental, physician assistant, pharmacy, 
              behavioral and mental health, public health, and nursing 
              students in the United States public health sciences 
              track in affiliated schools.
Sec. 203. Federal medical facility grant program and program 
              assessments.
Sec. 204. Health professions training loan program.
Sec. 205. United States Public Health Sciences Track.
Sec. 206. Medical education debt reimbursement for physicians of the 
              Veterans Health Administration.

 TITLE III--HEALTH PROFESSIONAL TRAINING PIPELINE PARTNERSHIPS PROGRAM

Sec. 301. Grants to prepare students for careers in health care.

     SEC. 2. FINDINGS.

       (a) Findings Related to Health Care Access in Rural, 
     Frontier, and Urban Underserved Areas of the United States.--
     Congress finds the following:
       (1) The United States does not have a cohesive or 
     coordinated approach to addressing health workforce shortages 
     and problems with reliable access to quality, affordable 
     health care.
       (2) There are 50,000,000 citizens of the United States 
     living in areas that are designated under section 
     332(a)(1)(A) of the Public Health Service Act as health 
     professional shortage areas.
       (3) The population of the United States will grow by 
     25,000,000 each decade.
       (4) The number of individuals over 65 years of age in the 
     United States will double between 2000 and 2030, with such 
     individuals accounting for 20 percent of the total population 
     of the United States in 2030.
       (5) Individuals over 65 years of age have twice as many 
     doctor visits as those individuals under 65 years of age, 
     resulting in an increase in the demand for physicians, 
     physician assistants, pharmacists behavioral and mental 
     health professionals, nurses, and dentists.
       (6) The rates of chronic diseases (such as diabetes) are 
     increasing in the population of the United States.
       (7) There are 47,000,000 citizens of the United States who 
     do not have health insurance, and over 130,000,000 
     individuals within the United States who do not have dental 
     insurance. Those individuals who are uninsured have limited 
     access to health care.
       (8) Academic health centers, Federal medical facilities, 
     and teaching hospitals provide a substantial percentage of 
     safety net services in the United States to uninsured and 
     underinsured populations and to those individuals who have 1 
     or more chronic diseases. Such centers, facilities, and 
     teaching hospitals provide those safety net services while 
     concurrently providing for the training of health 
     professionals.
       (9) The pipeline for the education of health 
     professionals--
       (A) begins and often ends in urban areas;
       (B) does not reliably include Federal support for 
     nonphysician training;
       (C) does not incorporate modern training venues and 
     techniques, including community-based ambulatory sites; and
       (D) discourages interdisciplinary, team, and care 
     coordination models as a result of restrictive regulations.
       (10) Health reform must include measures to transform the 
     health delivery system to assure access, quality, and 
     efficiency by utilizing contemporary models and venues of 
     care.
       (11) Reform of the health delivery system will require 
     modernization of the training of health professionals to 
     ensure that health professionals--
       (A) practice in integrated teams in a variety of delivery 
     venues (including inpatient and ambulatory settings and long-
     term care facilities) to utilize decision support and health 
     information systems;
       (B) deliver patient-centered care;
       (C) practice evidence-based health care;
       (D) learn performance-based compensation systems, 
     comparative effectiveness, and costs of care across the 
     spectrum; and
       (E) deliver culturally appropriate, personalized care.
       (b) Findings Related to Access to Oral Health.--Congress 
     finds the following:
       (1) Dental care is the number 1 unmet health care need in 
     children, and is 1 of the top 5 unmet health care needs in 
     adults.
       (2) Over 130,000,000 citizens of the United States are 
     without dental insurance.
       (3) Over 45,000,000 citizens of the United States live in 
     areas that are designated under section 332(a)(1)(A) of the 
     Public Health Service Act as dental health professional 
     shortage areas.
       (4) Rural counties have less than half the number of 
     dentists per capita compared to large metropolitan areas (29 
     versus 62 for population of 100,000).
       (5) In 2006, over 9,000 dentists were needed in such dental 
     health professional shortage areas.
       (6) Between 27 and 29 percent of children and adults in the 
     United States have untreated cavities.
       (7) The number of dental school graduates in the United 
     States decreased by 20 percent between 1982 and 2003 and the 
     average age of practicing dentists in the United States is 
     49.
       (8) There were over 400 dental faculty vacancies in the 
     school year beginning in 2006.
       (9) In 2007, the average debt of a dental student at 
     graduation was $172,627.
       (c) Findings Related to Physician Shortages, Education, and 
     Distribution.--Congress finds the following:
       (1) By 2020, physician shortages are forecasted to be in 
     the range of 55,000 to 200,000.
       (2) Although 21 percent of the population of the United 
     States lives in rural areas, only 10 percent of physicians 
     work in rural areas and, for every 1 physician who goes into 
     practice in regions with a low supply of physicians, 4 
     physicians go into practice in regions with a high supply of 
     physicians.
       (3) According to a 2004 report by Green et al. for the 
     Robert Graham Center of the American Academy of Family 
     Physicians, the number of applicants from rural areas 
     accepted to medical school has decreased by 40 percent in the 
     last 20 years while the number of such applications has 
     remained the same.
       (4) In order to respond to forecasted shortages, experts 
     have recommended an increase between 15 and 30 percent in 
     class size at medical schools over the next 10 years.
       (5) There are 55,000,000 citizens of the United States who 
     lack adequate access to primary health care because of 
     shortages of primary care providers in their communities.
       (6) The number of graduates from medical school in the 
     United States who choose to practice family medicine has 
     plummeted 50 percent in less than 10 years. Without 
     congressional intervention, such decline will likely 
     continue, and access to care in underserved areas will 
     rapidly deteriorate. Family physicians represent 58 percent 
     of the rural physician workforce, 70 percent of non-Federal 
     physicians in whole-county health professional shortage 
     areas, and 78 percent of primary care physician full-time 
     equivalents in the National Health Service Corps.
       (7) Current trends indicate that fewer resident trainees 
     from pediatric and internal medicine residencies pursue 
     generalist practice at graduation.
       (8) Funding for medical education which is provided through 
     direct Graduate Medical Education (GME) and Indirect Medical 
     Education (IME) under the Medicare program is not transparent 
     or accountable, nor is it aligned to the types of health 
     professionals most needed or to the areas in which health 
     professionals are most needed.
       (9) Physician supply varies 200 percent across regions and 
     there is no relationship between regional physician supply 
     and health needs.
       (10) The Council on Graduate Medical Education's 18th 
     Report (issued in 2007), entitled ``New Paradigms for 
     Physician Training for Improving Access to Health Care'', and 
     19th Report (issued in 2007), entitled ``Enhancing 
     Flexibility in Graduate Medical Education'', each call for 
     changes to address the healthcare needs of the United States 
     by removing barriers to expanding and more appropriately 
     training the physician workforce.
       (d) Findings Related to Nursing Shortages, Education, and 
     Distribution.--Congress finds the following:
       (1) By 2020, nursing shortages are forecast to be in the 
     range of 300,000 to 1,000,000 and the Bureau of Labor 
     Statistics of the Department of Labor estimates that more 
     than 1,200,000 new and replacement registered nurses will be 
     needed by 2014.
       (2) Nurse vacancy rates are currently 8 percent or greater 
     in hospitals and community health centers receiving 
     assistance under

[[Page S4322]]

     section 330 of the Public Health Service Act, and for nursing 
     faculty positions.
       (3) Surveys indicate that 40 percent of nurses in hospitals 
     are dissatisfied with their work and, of nurses who graduate 
     and go into nursing, 50 percent leave their first employer 
     within 2 years.
       (4) Nursing baccalaureate and graduate programs rejected 
     more than 40,000 qualified nursing school applicants in 2006, 
     with faculty shortages identified by such programs as a major 
     reason for turning away qualified applicants.
       (5) More than 70 percent of nursing schools cited faculty 
     shortages as the primary reason for not accepting all 
     qualified applicants into entry-level nursing programs.
       (6) The nursing faculty workforce is aging and retiring 
     and, by 2019, approximately 75 percent of the nursing faculty 
     workforce is expected to retire.
       (7) The average age of nurses in the United States is 49 
     and the average age of an associate professor nurse faculty 
     member in the United States is 56.
       (8) Geriatric patients receiving care from nurses trained 
     in geriatrics are less frequently readmitted to hospitals or 
     transferred from skilled nursing facilities and nursing 
     facilities to hospitals.
       (e) Findings Related to Public Health Workforce 
     Shortages.--Congress finds the following:
       (1) The United States has an estimated 50,000 fewer public 
     health workers than it did 20 years ago while the population 
     has grown by approximately 22 percent.
       (2) Government public health departments are facing 
     significant workforce shortages that could be exacerbated 
     through retirements.
       (3) Twenty percent of the average State health agency's 
     workforce will be eligible to retire within 3 years, and by 
     2012, over 50 percent of some State health agency workforces 
     will be eligible to retire.
       (4) Approximately 20 percent of local health department 
     employees will be eligible for retirement by 2010.
       (5) The average age of new hires in State health agencies 
     is 40.
       (6) 4 out of 5 current public health workers have not had 
     formal training for their specific job functions.
       (f) Findings Related to Physician Assistant Shortages.--
     Congress finds the following:
       (1) The purpose of the physician assistant profession is to 
     extend the ability of physicians to provide primary care 
     services, particularly in rural and other medically 
     underserved communities.
       (2) Physician assistants always practice medicine as a team 
     with their supervising physicians, however, supervising 
     physicians need not be physically present when physician 
     assistants provide medical care.
       (3) Physician assistants are legally regulated in all 
     States, the District of Columbia, and Guam. All States, the 
     District of Columbia, and Guam authorize physicians to 
     delegate prescriptive authority to physician assistants.
       (4) In 2007, physician assistants made approximately 
     245,000,000 patient visits and prescribed or recommended 
     approximately 303,000,000 medications.
       (5) The National Association of Community Health Centers, 
     the George Washington University, and the Robert Graham 
     Center for Policy Studies in Family Medicine and Primary Care 
     found that while the number of patients who seek care at 
     community health centers has increased, the number of primary 
     care providers, including physician assistants, has not. The 
     report estimates a need for 15,500 primary health care 
     providers to provide care at community health centers.
       (g) Findings Related to Mental Health Professional 
     Shortages.--Congress finds the following:
       (1) The National Institute of Mental Health estimates that 
     26.2 percent of citizens of the United States ages 18 and 
     older suffer from a diagnosable mental disorder. 
     Approximately 20 percent of children in the United States 
     have diagnosable mental disorders with at least mild 
     functional impairment.
       (2) The Health Resources and Services Administration 
     reports that there are 3,059 mental health professional 
     shortage areas within the United States with 77,000,000 
     people living in those areas. More than 5,000 additional 
     mental health professionals are needed to meet demand.
       (3) According to the Department of Health and Human 
     Services, minority representation is lacking in the mental 
     health workforce. Although 12 percent of the population of 
     the United States is African-American, only 2 percent of 
     psychologists, 2 percent of psychiatrists, and 4 percent of 
     social workers are African-American. Moreover, there are only 
     29 mental health professionals who are Hispanic for every 
     100,000 individuals who are Hispanic in the United States, 
     compared with 173 non-Hispanic White providers for every 
     100,000 individuals who are non-Hispanic White in the United 
     States.
       (h) Findings Related to Health Professional Shortage 
     Areas.--
       (1) In 2006, the National Health Service Corps had a total 
     of 4,200 vacant positions in health professional shortage 
     areas, but only 1,200 of those positions were funded. For 
     each National Health Service Corps award, there are 7 
     applicants.
       (2) Community health centers receiving assistance under 
     section 330 of the Public Health Service Act have expanded to 
     serve 16,000,000 individuals in over 1,000 sites. Such 
     community health centers have high vacancy rates for family 
     physicians (13 percent), obstetricians and gynecologists (21 
     percent), dentists, nurses, and other health professionals.
       (3) The Institute of Medicine of the National Academies has 
     recommended that medical education and public health issues 
     be more closely aligned, especially in relation to 
     preparedness for natural disasters, pandemic, bioterrorism, 
     and other threats to public health.
       (4) The education of health professionals must be more 
     closely aligned with health care needs in the United States, 
     with special attention to underserved populations and areas, 
     health disparities, the aging population, and individuals 
     with 1 or more chronic diseases.
       (5) There is some duplication, and little coordination, 
     between the Council on Graduate Medical Education (related to 
     the physician workforce), the National Advisory Committee on 
     Nursing Programs (related to the nursing workforce), the 
     Advisory Committee on Training in Primary Care Medicine and 
     Dentistry, and other advisory committees and councils.
       (6) The Association of Academic Health Centers calls for 
     making the health workforce of the United States a priority 
     domestic policy issue and creating a national health 
     workforce planning body that engages Federal, State, public, 
     and private stakeholders.

             TITLE I--AMENDMENTS TO THE SOCIAL SECURITY ACT

     SEC. 101. PERMANENT NATIONAL HEALTH WORKFORCE COMMISSION.

       (a) Establishment.--There is hereby established the 
     Permanent National Health Workforce Commission (in this 
     section referred to as the ``Commission'').
       (b) Duties.--
       (1) Review of federal policies and annual reports.--
       (A) Review.--The Commission shall review Federal policies 
     with respect to the training, financing, and distribution of 
     the health professional workforce, particularly with respect 
     to such workforce in rural, frontier, and urban underserved 
     areas, including the specific topics described in paragraph 
     (2). Such review shall include a comprehensive analysis and 
     reporting of--
       (i) the most recent COHPPERDDUST Annual Report;
       (ii) the number of medical students and residents, 
     physician assistant students, pharmacy students and 
     residents, behavioral and mental health students and 
     residents, dental students and residents, nursing students 
     and advance practice nursing trainees, and other health 
     professionals in need of training, the rates of payment for 
     such training; and the methodologies for funding such 
     training;
       (iii) how to align payments for direct graduate medical 
     education costs under section 1886(h) of the Social Security 
     Act (42 U.S.C. 1395ww(h)) and payments for the indirect costs 
     of medical education under section 1886(d)(5)(B) of the 
     Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) with other 
     Federal and State subsidies and payments for health 
     professions education with desired outcomes for the health 
     professional workforce;
       (iv) whether Federal medical facilities should be permitted 
     to train health professionals with support paid directly by 
     the entity sponsoring the health professional;
       (v) whether the establishment of transparent, accountable 
     Federal payment policies for training health professionals 
     would ensure that the types of health professionals trained 
     and the distribution of such health professionals would meet 
     the health care needs of the population of the United States;
       (vi) the feasibility of establishing a National Health 
     Professions Education Trust Fund to ensure an open and fair 
     system of Federal, State, and private support for providing 
     education for health professionals; and
       (vii) any other issues related to such Federal policies as 
     the Commission determines appropriate.
       (B) COHPPERDDUST annual reports.--Not later than each of 
     January 1 of each year (beginning with 2012) the Commission 
     shall submit to the Secretary and to Congress a report 
     containing--
       (i) the results of the review conducted under subparagraph 
     (A); and
       (ii) recommendations--

       (I) with respect to the Health Professions Pipeline, 
     Education, Research, Diversity & Distribution to Underserved 
     Areas Utilizing Service/Training Models; and
       (II) for such legislation or administrative action, 
     including regulations, as the Commission determines 
     appropriate.

       (2) Specific topics described.--
       (A) Payments for health professions education.--
     Specifically, the Commission shall review, with respect to 
     the training, financing, and distribution of the health 
     professional workforce, the following:
       (i) The regular update, revision, and standardization of 
     hospital-specific and sponsoring institution-specific base-
     period per resident amounts and cost reporting periods for 
     payments for direct graduate medical education costs under 
     section 1886(h) of the Social Security Act (42 U.S.C. 
     1395ww(h)) and payments for the indirect costs of medical 
     education under section 1886(d)(5)(B) of the Social Security 
     Act (42 U.S.C. 1395ww(d)(5)(B)).
       (ii) The feasibility of the Secretary, subject to review by 
     the Commission, granting a waiver under the Medicare program, 
     such as

[[Page S4323]]

     the waiver granted to the Utah Medical Education Commission, 
     which would allow States flexibility to utilize funding under 
     titles XVIII, XIX, and XXI of the Social Security Act for 
     direct graduate medical education and indirect graduate 
     medical education to support coordinated and comprehensive 
     health workforce training innovations.
       (iii) Replacement of the current methodology for making 
     payments for such direct graduate medical education costs and 
     such indirect costs of medical education with a workforce 
     adjustment payment, based on a Sustainable Growth Rate 
     formula or a prospective payment system, under which--

       (I) payments would be made directly to the sponsoring 
     institution where such education is provided; and
       (II) payments would be separated to reflect the costs to 
     the professional and facility components of such education.

       (iv) The establishment of standards for the financing of 
     education for health professionals who are not physicians.
       (v) The expansion of the definition, for purposes of making 
     payments for health professions education (including such 
     direct graduate medical education costs and such indirect 
     costs of medical education), of the term ``sponsoring 
     institution'', which traditionally has been a teaching 
     hospital or medical school, to include nonteaching hospital-
     based entities (such as managed care organizations and public 
     and private healthcare consortia) that are capable of 
     assembling all of the resources necessary for effectively 
     providing the training and education required to address 
     healthcare access, quality, and costs and to meet workforce 
     needs.
       (vi) The provision of health professions education by 
     nonteaching hospital-based entities (including rural health 
     clinics (as defined in subsection (aa)(2) of section 1861 of 
     the Social Security Act (42 U.S.C. 1395x)), community health 
     centers (as defined in section 330 of the Public Health 
     Service Act (42 U.S.C. 254b)), and Federally qualified health 
     centers (as defined in subsection (aa)(4) of such section 
     1861) that are not sponsoring institutions (as defined under 
     clause (v)) as affiliates of the sponsoring institution for 
     purposes of providing more limited, but highly valuable 
     clinical training.
       (vii) The establishment of incentives to promote 
     interdisciplinary, team-based, and care coordination-based 
     education of health professionals, including incentives to 
     encourage the development of health information technology 
     (such as a repository of consumer health status information 
     in computer processable form) which can be used for 
     diagnosis, management, and treatment and includes price and 
     cost information.
       (viii) Adjustment to the Medicare caps on graduate medical 
     education positions to increase the number of primary care 
     residents, general dentistry residents, geriatric fellowship 
     trainees, and other health professionals trained in Federal 
     medical facilities.
       (ix) The development of pay-for-performance methodologies 
     for payments for health professions education (including such 
     direct graduate medical education costs, payments for such 
     indirect costs of medical education, and disproportionate 
     share payments under section 1886(d)(5)(F) of the Social 
     Security Act (42 U.S.C. 1395ww(d)(5)(F))) to--

       (I) increase payments to sponsoring institutions and the 
     affiliates of such institutions that achieve desired 
     outcomes; and
       (II) reduce payments to such institutions and such 
     affiliates that do not perform.

       (x) The correlation between Federal policies with respect 
     to the training, financing, and distribution of the health 
     professional workforce and specific evidence-based, 
     measurable, and comparative outcomes across sponsoring 
     institutions and the affiliates of such institutions.
       (xi) Disproportionate share payments under section 
     1886(d)(5)(F) of the Social Security Act (42 U.S.C. 
     1395ww(d)(5)(F)) made to service and training institutions 
     that provide safety net access, community-based outreach 
     programs, measurable and transparent community benefit, and 
     planned financial assistance to low-income patients, Medicare 
     beneficiaries, and underinsured (including uninsured) 
     individuals in rural, frontier, and urban underserved areas.
       (xii) The establishment of a workforce adjustment payment 
     under the Medicare program under title XVIII of the Social 
     Security Act, the Medicaid program under title XIX of such 
     Act, the State Children's Health Insurance Program under 
     title XXI of such Act, and other publicly funded health 
     insurance programs to support training programs for health 
     professionals in Federal medical facilities, under which such 
     workforce adjustment payment would be made directly to the 
     sponsoring institution. Such payment would, as the Secretary 
     determines appropriate, in consultation with the Commission, 
     replace or supplement the provisions under clause (iii).
       (B) Data collection and review.--Specifically, the 
     Commission shall review, with respect to the adequacy, 
     supply, and distribution of undergraduate and graduate 
     education programs for health professionals, the following:
       (i) Available data on the adequacy, supply, and 
     distribution of such education programs for physicians, 
     physician assistants, nurses, dentists, psychologists, 
     pharmacists, behavioral and mental health professionals (as 
     defined in section 331(a)(3)(E)(i) of the Public Health 
     Service Act (42 U.S.C. 254d(a)(3)(E)(i)), public health 
     professionals, and other health professionals, including data 
     collected under the State Health Workforce Centers Program 
     established under section 102.
       (ii) Processes for improving the collection of data on 
     health professionals, including the collection of more 
     consistent, independent, and comprehensive data from entities 
     (such as State licensure boards) to inform health professions 
     workforce issues. In conducting such review, the Commission 
     shall determine the costs of implementing such data 
     collection.
       (3) Conduct of hearings.--
       (A) In general.--The Commission shall conduct hearings on 
     health professions education to assess performance, identify 
     barriers, speed approval of innovative programs, improve 
     flexibility, and reduce bureaucratic obstacles balancing 
     hospital training while emphasizing sustained affiliation 
     agreements with community-based, interdisciplinary, team, and 
     care management methodologies and education designed to 
     improve quality and efficiency of patient care across the 
     care delivery system.
       (B) Testimony.--In conducting hearings under subparagraph 
     (A), the Commission shall solicit testimony from the 
     Accreditation Council for Graduate Medical Education, 
     Residency Review Committees, and other appropriate 
     organizations that accredit education programs for health 
     professionals.
       (C) Information from federal agencies.--
       (i) In general.--The Commission may secure directly from a 
     Federal agency such information as the Commission considers 
     necessary to carry out this section.
       (ii) Provision of information.--The head of the agency 
     shall provide the information to the Commission at the 
     request of the Chairperson of the Commission.
       (4) Reducing health professional isolation and building 
     community health professional training infrastructure.--
       (A) Identification of programs.--The Commission shall 
     identify programs to reduce health professional isolation and 
     build community health professional training infrastructure 
     in rural, frontier, and urban underserved areas through 
     continuing education (including continuing education 
     utilizing information technology, such as telehealth and 
     health information technology), mentoring, and precepting 
     activities.
       (B) Analysis.--The Commission shall examine--
       (i) whether the establishment of regional or statewide 
     Health Advice Lines would reduce after-hours calls 
     responsibilities for overworked health professionals in 
     remote sites with few health professionals available to 
     fulfill such responsibilities; and
       (ii) what support should be given to health professionals 
     fulfilling such responsibilities--

       (I) in hospitals and emergency departments in areas 
     designated under section 332 of the Public Health Service Act 
     as health professional shortage areas;
       (II) under practice relief programs that allow health 
     professionals practicing in such areas to have their practice 
     and calls covered when they are ill, pursuing continuing 
     education, or taking a vacation;
       (III) with respect to field faculty development to become 
     supervisors, mentors, and preceptors for health professional 
     students and trainees;

       (iii) support structures (such as Area Health Education 
     Centers) for health professionals; and
       (iv) whether the establishment of Rural Health Education 
     Offices, based on the model of agricultural extension 
     offices, would--

       (I) help build community health professional service and 
     training capacity; and
       (II) spur local economic development.

       (5) Development of guiding principles and accountability 
     standards.--The Commission shall develop guiding principles 
     and accountability standards for Federal, State, and private 
     sector education of health professionals. Such guidelines 
     shall be crafted to assure that the Federal investment in the 
     education of health professionals is a public good, 
     regardless of whether a portion of such education is funded 
     by other sources.
       (6) Identification of state and regional health professions 
     education commissions.--The Commission shall identify State 
     and regional Health Professions Education Centers. The 
     Commission shall enter into agreements with such Centers 
     under which the Centers shall provide data and reports to the 
     Commission to provide a balanced and adequate assessment of 
     the entire Nation's healthcare workforce.
       (c) Secretarial Responsibilities.--Not later than 18 months 
     after the date of enactment of this Act, the Secretary shall, 
     in consultation with the Commission, and through negotiated 
     rulemaking, promulgate regulations to address the matters 
     reviewed under clauses (i) through (vii) of subsection 
     (b)(1)(A), as the Secretary determines appropriate to address 
     access and health professional shortages and needs identified 
     by the Commission with respect to titles XVIII, XIX, and XXI 
     of the Social Security Act.
       (d) Membership.--
       (1) Number of appointment.--The Commission shall be 
     composed of 20 members appointed by the Comptroller General 
     of the United States.
       (2) Qualifications.--The membership of the Commission shall 
     include representatives of--

[[Page S4324]]

       (A) dentists and dental hygienists who practice in urban 
     underserved and rural areas;
       (B) primary care providers who practice in urban 
     underserved and rural areas;
       (C) nurses and physician assistants who practice in urban 
     underserved and rural areas;
       (D) psychologists and other behavioral and mental health 
     professionals (as defined in section 331(a)(3)(E)(i) of the 
     Public Health Service Act (42 U.S.C. 254d(a)(3)(E)(i)) who 
     practice in urban underserved and rural areas;
       (E) public health professionals;
       (F) clinical pharmacists who practice in a Federal market 
     or are sole-community providers;
       (G) national and specialty physician and nursing 
     organizations;
       (H) schools of medicine, osteopathy, and nursing, 
     educational programs for public health professionals, 
     behavioral and mental health professionals (as so defined), 
     and physician assistants, public and private teaching 
     hospitals, and ambulatory health facilities, including 
     Federal medical facilities;
       (I) health insurers;
       (J) business;
       (K) labor; and
       (L) any other health professional organization or practice 
     site the Comptroller General determines appropriate.
       (e) Staff.--
       (1) In general.--The Comptroller General of the United 
     States shall provide for the appointment of an executive 
     director, deputy director, and such other additional 
     personnel as are necessary to enable the Commission to 
     perform the duties of the Commission.
       (2) Compensation.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Comptroller General of the United States may fix the 
     compensation of the executive director, deputy director, and 
     other personnel without regard to the provisions of chapter 
     51 and subchapter III of chapter 53 of title 5, United States 
     Code, relating to classification of positions and General 
     Schedule pay rates.
       (B) Maximum rate of pay.--The rate of pay for the executive 
     director, deputy director, and other personnel shall not 
     exceed the rate payable for level V of the Executive Schedule 
     under section 5316 of title 5, United States Code.
       (3) Detail of federal government employees.--
       (A) In general.--An employee of the Federal Government may 
     be detailed to the Commission without reimbursement.
       (B) Civil service status.--The detail of the employee shall 
     be without interruption or loss of civil service status or 
     privilege.
       (4) Procurement of temporary and intermittent services.--
     The Commission may procure temporary and intermittent 
     services in accordance with section 3109(b) of title 5, 
     United States Code, at rates for individuals that do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of that title.
       (f) Powers.--
       (1) Hearings.--The Commission may hold such hearings, meet 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out this section.
       (2) Information from federal agencies.--
       (A) In general.--The Commission may secure directly from a 
     Federal agency such information as the Commission considers 
     necessary to carry out this section.
       (B) Provision of information.--On request of the 
     Chairperson of the Commission, the head of the agency shall 
     provide the information to the Commission.
       (3) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       (4) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (g) Status as Permanent Commission.--Section 14 of the 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Commission.
       (h) Definitions.--In this section:
       (1) COHPPERDDUST annual report.--The term ``COHPPERDDUST 
     Annual Report'' means the annual report submitted by the 
     Commission under subsection (b)(1)(B).
       (2) Federal medical facility.--The term ``Federal medical 
     facility'' means a facility for the delivery of health 
     services, and includes--
       (A) a Federally qualified health center (as defined in 
     section 1861(aa)(4) of the Social Security Act (42 U.S.C. 
     1395x(aa)(4)), a public health center, an outpatient medical 
     facility, or a community mental health center;
       (B) a hospital, State mental hospital, facility for long-
     term care, or rehabilitation facility;
       (C) a migrant health center or an Indian Health Service 
     facility;
       (D) a facility for the delivery of health services to 
     inmates in a penal or correctional institution (under section 
     323 of such Act (42 U.S.C. 250)) or a State correctional 
     institution;
       (E) a Public Health Service medical facility (used in 
     connection with the delivery of health services under section 
     320, 321, 322, 324, 325, or 326 of such Act (42 U.S.C. 247e, 
     248, 249, 251, 252, or 253));
       (F) a nurse-managed health center; or
       (G) any other Federal medical facility.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.

     SEC. 102. STATE HEALTH WORKFORCE CENTERS PROGRAM.

       (a) Establishment.--The Secretary shall establish a 
     demonstration program (in this section referred to as the 
     ``program'') under which the Secretary makes grants to 
     participating States for the operation of State Health 
     Workforce Centers to carry out the activities described in 
     subsection (c).
       (b) Participating States.--A State seeking to participate 
     in the program shall submit an application to the Secretary 
     containing such information and at such time as the Secretary 
     may specify. The Secretary may only consider under the 
     preceding sentence 1 application submitted by each State 
     which has been certified by the Governor or the chief 
     executive officer of the State.
       (c) Use of Funds.--Grants awarded under subsection (a) may 
     be used to support activities designed to improve the 
     training, deployment, and retention of critical health 
     professionals in underserved areas and for underserved 
     populations, including the following:
       (1) Conducting assessments of key health professional 
     capacity and needs. Such assessments shall be conducted in a 
     coordinated manner that provides for the nationwide 
     collection of health professional data.
       (2) Convening State health professional policymakers to 
     review education, education financing, regulations, and 
     taxation and compensation policies which affect the training, 
     deployment, and retention of health professionals. A 
     participating State may, taking into consideration the 
     results of such reviews, develop short-term and long-term 
     recommendations for improving the supply, deployment, and 
     retention of critical health professionals in underserved 
     areas and for underserved populations.
       (d) Funding.--
       (1) Authorization of appropriations.--There are authorized 
     to be appropriated $13,750,000 to carry out this section.
       (2) Matching requirement.--The Secretary may require a 
     State, in order to be eligible to receive a grant under this 
     section, to agree that, with respect to the costs incurred by 
     the State in carrying out the activities for which the grant 
     was awarded, the State will make available (directly or 
     through donations from public or private entities) non-
     Federal contributions in an amount equal to a percent of 
     Federal funds provided under the grant (as determined 
     appropriate by the Secretary).
       (e) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (2) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico; and
       (D) any other territory or possession of the United States.

     SEC. 103. MEDICARE MEDICAL HOME SERVICE AND TRAINING PILOT 
                   PROGRAM.

       (a) Expansion of Medicare Medical Home Demonstration 
     Project.--
       (1) In general.--The Secretary of Health and Human Services 
     (in this section referred to as the ``Secretary'') shall 
     expand the Medicare medical home demonstration project under 
     section 204 of Division B of the Tax Relief and Health Care 
     Act of 2006 (Public Law 109-432; 120 Stat. 2987) by adding a 
     Medicare medical home service and training pilot program (in 
     this section referred to as the ``pilot program'') to 
     redesign the methodologies for payments to primary care 
     providers for coordinating the care of applicable Medicare 
     beneficiaries. Such pilot program shall be in addition to, 
     and run concurrently with, the Medicare medical home 
     demonstration program. Except for any modifications under 
     this section, the Secretary shall carry out the pilot program 
     under similar terms and conditions as the Medicare medical 
     home demonstration program.
       (2) Applicable medicare beneficiaries defined.--In this 
     section, the term ``applicable Medicare beneficiary'' means 
     an individual who--
       (A) is entitled to, or enrolled for, benefits under part A 
     of title XVIII of the Social Security Act, or is enrolled 
     under part B of such title;
       (B) has 1 or more chronic illnesses (such as diabetes, 
     hypertension, chronic obstructive pulmonary disease, asthma, 
     congestive heart failure, end stage liver disease, and end 
     stage renal disease); and
       (C) is in the top 2 quartiles of cost under the Medicare 
     program under such title (as determined based on Medicare 
     claims data for the most recent 2 years for which data is 
     available).
       (b) Details.--
       (1) Duration; scope.--The pilot program shall operate 
     during the period beginning on January 1, 2011 and ending on 
     December 31, 2014 and shall include not more than 1,000 
     medical home primary care providers.
       (2) Implementation.--
       (A) In general.--The Secretary may implement the pilot 
     program--
       (i) under title XVIII of the Social Security Act; or
       (ii) subject to subparagraph (B), under a combination of 
     such title and other public or private programs or 
     organizations.
       (B) Special rule.--In the case where the Secretary 
     implements the pilot program under a combination of title 
     XVIII of the Social Security Act and other public or private 
     programs or organizations, the Secretary shall establish 
     procedures to ensure that any funding made available under 
     such title for

[[Page S4325]]

     the pilot program is only used to furnish items and services 
     to Medicare beneficiaries.
       (3) Participation of primary care providers.--
       (A) In general.--In no case shall participation in the 
     pilot program be limited to primary care providers in those 
     States participating in the Medicare medical home 
     demonstration project under section 204 of Division B of the 
     Tax Relief and Health Care Act of 2006 (Public Law 109-432; 
     120 Stat. 2987). Any primary care provider in the United 
     States that meets the requirements and definitions under this 
     section and, if applicable, such section 204, shall be 
     eligible to participate in the pilot program. In selecting 
     primary care providers to participate in the pilot program, 
     the Secretary shall give preference to sites where clinical 
     services and health professional education are provided 
     concurrently, taking into consideration priorities of the 
     Permanent National Health Workforce Commission established 
     under section 101 of the Health Access and Health Professions 
     Supply Act of 2009.
       (B) Definition of primary care providers.--In this section, 
     the term ``primary care provider'' means--
       (i) a personal physician (as defined in subsection (c)(1) 
     of section 204 of Division B of the Tax Relief and Health 
     Care Act of 2006 (Public Law 109-432; 120 Stat. 2987), except 
     that, in applying such definition under this section, the 
     requirements described in subsection (c)(2)(B) of such 
     section 204 shall specify that the staff and resources of the 
     physician may include a team of health professionals (such as 
     nurse practitioners, clinical nurse specialists, certified 
     nurse midwives, psychologists and other behavioral and mental 
     health professionals (as defined in section 331(a)(3)(E)(i) 
     of the Public Health Service Act (42 U.S.C. 
     254d(a)(3)(E)(i)), physician assistants, and other primary 
     care providers that meet requirements established by the 
     Secretary)); and
       (ii) any other primary care provider (such as a nurse 
     practitioner or a physician assistant) that is subject to 
     State licensure laws and the requirements of the Secretary.
       (C) Limitation on number of primary care providers 
     participating in the pilot program who are not personal 
     physicians.--The Secretary shall ensure that the total number 
     of independently practicing primary care providers who are 
     not personal physicians participating in the pilot program 
     reflects the percentage of such primary care providers in the 
     United States (as determined by the Secretary), not to exceed 
     10 percent of the total number of primary care providers 
     participating in the pilot program.
       (4) Services performed.--A primary care provider shall 
     perform or provide for the performance of at least the 
     services described in subsection (c)(3) of such section 204 
     under the pilot program.
       (c) Care Coordination Fee Payment Methodology.--Under the 
     pilot program, the Secretary shall provide for payment under 
     section 1848 of the Social Security Act (42 U.S.C. 1395w-4) 
     of a per member per month care coordination fee to primary 
     care providers for the care of eligible Medicare 
     beneficiaries participating in the pilot program. The 
     Secretary shall appoint a committee to make recommendations 
     about the design and implementation of a methodology for 
     payment of the per member per month care coordination fee.
       (d) Provision of Data and Technical Assistance.--The 
     Secretary shall provide--
       (1) data to primary care providers participating in the 
     pilot program; and
       (2) technical assistance to such primary care providers 
     that do not meet the criteria for the highest tier of the 
     pilot program (as defined by the Secretary).
       (e) Reports by the Secretary.--
       (1) Interim report.--Not later than January 1, 2013, the 
     Secretary shall submit to Congress an interim report on the 
     pilot program.
       (2) Final report.--Not later than January 1, 2014, the 
     Secretary shall submit to Congress a final report on the 
     pilot program. Such report shall include outcome measures 
     reported by the Secretary under the pilot program, including 
     at least the following:
       (A) The total costs to the Medicare program per eligible 
     Medicare beneficiary participating in the pilot program.
       (B) The performance of primary care providers participating 
     in the pilot program with regard to--
       (i) quality measures developed by the Secretary; and
       (ii) patient safety indicators developed by the Secretary.
       (C) The experience of eligible Medicare beneficiaries and 
     primary care providers participating in the pilot program.
       (D) An assessment of savings to the Medicare program per 
     eligible Medicare beneficiary participating in the pilot 
     program that are a result of such participation, as compared 
     to traditional Medicare fee-for-service payment 
     methodologies.
       (f) GAO Assessment and Report.--
       (1) Assessment.--The Comptroller General of the United 
     States shall, at the completion of the pilot program, provide 
     for an overall assessment of the efficacy of the pilot 
     program.
       (2) Report.--Not later than January 1, 2014, the 
     Comptroller General shall submit to Congress a report 
     containing the results of the assessment under paragraph (1).

     SEC. 104. IMPROVEMENTS TO PAYMENTS FOR GRADUATE MEDICAL 
                   EDUCATION UNDER MEDICARE.

       (a) Increasing the Medicare Caps on Graduate Medical 
     Education Positions.--
       (1) Direct graduate medical education.--Section 
     1886(h)(4)(F) of the Social Security Act (42 U.S.C. 
     1395ww(h)(4)(F)) is amended--
       (A) in clause (i), by inserting ``clause (iii) and'' after 
     ``subject to''; and
       (B) by adding at the end the following new clause:
       ``(iii) Increase in caps on graduate medical education 
     positions for states with a shortage of residents.--

       ``(I) In general.--For cost reporting periods beginning on 
     or after January 1, 2011, the Secretary shall increase the 
     otherwise applicable limit on the total number of full-time 
     equivalent residents in the field of allopathic or 
     osteopathic medicine determined under clause (i) with respect 
     to a qualifying hospital by an amount equal to 15 percent of 
     the amount of the otherwise applicable limit (determined 
     without regard to this clause). Such increase shall be 
     phased-in equally over a period of 3 cost reporting periods 
     beginning with the first cost reporting period in which the 
     increase is applied under the previous sentence to the 
     hospital.
       ``(II) Qualifying hospital.--In this clause, the term 
     `qualifying hospital' means a hospital that agrees to use the 
     increase in the number of full-time equivalent residents 
     under subclause (I) to support community-based training which 
     emphasizes underserved areas and innovative training models 
     which address community needs and reflect emerging, evolving, 
     and contemporary models of health care delivery. A qualifying 
     hospital shall give priority to providing such training and 
     training models to health professionals in specialties which 
     the Secretary, in consultation with the Permanent National 
     Health Workforce Commission established under section 101(a) 
     of the Health Access and Health Professions Supply Act of 
     2009, determines are in high-need (including family medicine, 
     general surgery, geriatrics, general internal medicine, 
     general surgery, and obstetrics and gynecology).
       ``(III) Increase in payments.--Notwithstanding any other 
     provision of law, in the case of full-time equivalent 
     residents added to a hospital's training program as a result 
     of such increase, the Secretary shall provide for an increase 
     in the amounts otherwise payable under this subsection with 
     respect to direct graduate medical education costs that would 
     otherwise apply with respect to such residents by 10 percent. 
     Such increased payments shall be made to the facility in 
     which the training is provided to such residents.''.

       (2) Indirect medical education.--Section 1886(d)(5)(B) of 
     the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is 
     amended by adding at the end the following new clause:
       ``(x) Clause (iii) of subsection (h)(4)(F) shall apply to 
     clause (v) in the same manner and for the same period as such 
     clause (iii) applies to clause (i) of such subsection.''.
       (b) Application of Medicare GME Payments to Additional 
     Training Site Venues.--
       (1) In general.--The Secretary of Health and Human Services 
     (in this subsection referred to as the ``Secretary'') shall, 
     by regulation, provide for the use of payments for direct 
     graduate medical education costs under section 1886(h) of the 
     Social Security Act (42 U.S.C. 1395ww(h)) and payments for 
     the indirect costs of medical education under section 
     1886(d)(5)(B) of the Social Security Act (42 U.S.C. 
     1395ww(d)(5)(B)) to support the implementation of community-
     based training and innovative training models under 
     subsections (h)(4)(F)(iii)(II) and (d)(5)(B)(x) of section 
     1886 of the Social Security Act (42 U.S.C. 1395ww).
       (2) Use of model of care delivery.--In promulgating 
     regulations under paragraph (1), the Secretary shall consider 
     the model of care delivery of the Institute of Medicine of 
     the National Academies.
       (3) Consultation.--In promulgating such regulations, the 
     Secretary shall consult with the Permanent National Health 
     Workforce Commission established under section 101(a).
       (c) Determination of Hospital-Specific Approved FTE 
     Resident Amounts.--Section 1886(h)(2) of the Social Security 
     Act (42 U.S.C. 1395ww(h)(2)) is amended by adding at the end 
     the following new subparagraph:
       ``(G) Flexibility in determination.--
       ``(i) In general.--Notwithstanding the preceding provisions 
     of this paragraph, the approved FTE resident amount for each 
     cost reporting period beginning on or after January 1, 2011, 
     with respect to an applicable resident shall be determined 
     using a methodology established by the Secretary that allows 
     flexibility for payments to be made for costs in addition to 
     the costs of hospital-sponsored education. Such methodology 
     shall provide that nonteaching hospital-based entities (such 
     as managed care organizations and public and private 
     healthcare consortia) that are capable of assembling all of 
     the resources necessary for effectively providing graduate 
     medical education may receive payments for providing graduate 
     medical education, either as the sponsor of such graduate 
     medical education program or as an affiliate of such a 
     sponsor.
       ``(ii) Applicable resident.--In this subparagraph, the term 
     `applicable resident' means a resident--

       ``(I) in a specialty which the Secretary, in consultation 
     with the Permanent National Health Workforce Commission 
     established under section 101(a) of the Health Access and 
     Health Professions Supply Act of 2009, determines is in high-
     need;

[[Page S4326]]

       ``(II) in a health professional shortage area (as defined 
     in section 332 of the Public Health Service Act);
       ``(III) in a medically underserved community (as defined in 
     section 799B of the Public Health Service Act), or with 
     respect to a medically underserved population (as defined in 
     section 330(b)(3) of the Public Health Service Act); and
       ``(IV) in a Federal medical facility.

       ``(iii) Federal medical facility.--In this subparagraph, 
     the term `Federal medical facility' means a facility for the 
     delivery of health services, and includes--

       ``(I) a community health center (as defined in section 330 
     of the Public Health Service Act), a public health center, an 
     outpatient medical facility, or a community mental health 
     center;
       ``(II) a hospital, State mental hospital, facility for 
     long-term care, or rehabilitation facility;
       ``(III) a migrant health center or an Indian Health Service 
     facility;
       ``(IV) a facility for the delivery of health services to 
     inmates in a penal or correctional institution (under section 
     323 of such Act) or a State correctional institution;
       ``(V) a Public Health Service medical facility (used in 
     connection with the delivery of health services under section 
     320, 321, 322, 324, 325, or 326 of such Act); or
       ``(VI) any other Federal medical facility.''.

     SEC. 105. DISTRIBUTION OF RESIDENT TRAINEES IN AN EMERGENCY.

       (a) Exclusion From 3-Year Rolling Average.--Notwithstanding 
     any other provision of law, in the case of a host hospital 
     participating in an emergency Medicare GME affiliation 
     agreement on or after the date of enactment of this Act and 
     training residents in excess of its cap, consistent with the 
     rolling average provisions applicable for closed programs as 
     specified in section 413.79(d)(6) of title 42, Code of 
     Federal Regulations, the Secretary of Health and Human 
     Services shall exclude from the 3-year rolling average FTE 
     residents associated with displaced residents during the 
     period in which such agreement is in effect.
       (b) Assessment and Revision of GME Policies.--
       (1) Review.--The Secretary of Health and Human Services 
     shall review policies with respect to payments for direct 
     graduate medical education costs under section 1886(h) of the 
     Social Security Act (42 U.S.C. 1395ww(h)) and payments for 
     the indirect costs of medical education under section 
     1886(d)(5)(B) of the Social Security Act (42 U.S.C. 
     1395ww(d)(5)(B)).
       (2) Revision and report.--Not later than January 1, 2011, 
     the Secretary shall--
       (A) as appropriate, revise such policies that constrain the 
     ability of the Secretary to respond to emergency situations 
     and situations involving institutional and program closure; 
     and
       (B) in the case where the Secretary determines legislative 
     action is necessary to make such revisions, submit to 
     Congress a report containing recommendations for such 
     legislative action.

     SEC. 106. AUTHORITY TO INCLUDE COSTS OF TRAINING OF 
                   PSYCHOLOGISTS IN PAYMENTS TO HOSPITALS FOR 
                   APPROVED EDUCATIONAL ACTIVITIES UNDER MEDICARE.

       Effective for cost reporting periods beginning on or after 
     the date that is 18 months after the date of enactment of 
     this Act, for purposes of payment to hospitals under the 
     Medicare program under title XVIII of the Social Security Act 
     for costs of approved educational activities (as defined in 
     section 413.85 of title 42, Code of Federal Regulations), 
     such approved educational activities shall include a 1-year 
     doctoral clinical internship operated by the hospital as part 
     of a clinical psychology training program that is provided 
     upon completion of university course work.

         TITLE II--AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT

     SEC. 201. EXPANSION OF NATIONAL HEALTH SERVICE CORPS 
                   PROGRAMS.

       (a) In General.--Section 338H of the Public Health Service 
     Act (42 U.S.C. 254q) is amended--
       (1) in subsection (a), by striking paragraphs (1) through 
     (5) and inserting the following:
       ``(1) for fiscal year 2009, $165,000,000;
       ``(2) for fiscal year 2010, $198,000,000;
       ``(3) for fiscal year 2011, $231,000,000;
       ``(4) for fiscal year 2012, $264,000,000;
       ``(5) for fiscal year 2013, $297,000,000; and
       ``(6) for fiscal year 2014, $330,000,000.''; and
       (2) by adding at the end the following:
       ``(d) Expansion of Programs.--The Secretary shall use 
     amounts appropriated for each of fiscal years 2010 through 
     2014 under subsection (a), that are in excess of the amount 
     appropriated under such subsection for fiscal year 2009, to 
     address shortages of health professionals in rural, frontier, 
     and urban underserved areas through an expansion of the 
     number of scholarships and loan repayments under this subpart 
     to address health workforce shortages in health professional 
     shortage areas (as defined in section 332), in medically 
     underserved communities (as defined in section 799B), or with 
     respect to medically underserved populations (as defined in 
     section 330(b)(3)).''.
       (b) Expansion of Other Programs.--The Director of the 
     Indian Health Service, the Secretary of Defense, and the 
     Secretary of Veterans Affairs, shall expand existing loan 
     repayment programs to emphasize the provision of health 
     professions services to facilities that have health 
     professional shortages.
       (c) No Tax Implications.--
       (1) In general.--For purposes of the Internal Revenue Code 
     of 1986, any amount received under a health-related Federal 
     loan repayment program by a health professional providing 
     health-related services in a Federal medical facility shall 
     not be included in the gross income of such professional.
       (2) Definition.--In this subsection, the term ``Federal 
     medical facility'' means a facility for the delivery of 
     health services, and includes--
       (A) a federally qualified health center (as defined in 
     section 330A of the Public Health Service Act (42 U.S.C. 
     254c)), a public health center, an outpatient medical 
     facility, or a community mental health center;
       (B) a hospital, State mental hospital, facility for long-
     term care, or rehabilitation facility;
       (C) a migrant health center or an Indian Health Service 
     facility;
       (D) a facility for the delivery of health services to 
     inmates in a penal or correctional institution (under section 
     323 of such Act (42 U.S.C. 250)) or a State correctional 
     institution;
       (E) a Public Health Service medical facility (used in 
     connection with the delivery of health services under section 
     320, 321, 322, 324, 325, or 326 of such Act (42 U.S.C. 247e, 
     248, 249, 251, 252, or 253));
       (F) a nurse-managed health center; or
       (G) any other Federal medical facility.
       (d) Reduced Loan Support for Part Time Practitioners.--
     Section 338C of the Public Health Service Act (42 U.S.C. 
     254m) is amended by adding at the end the following:
       ``(e) Notwithstanding any other provision of this subpart, 
     the Secretary shall develop procedures to permit periods of 
     obligated services to be provided on a part-time basis (not 
     less than 1,040 hours of such service per year). Such 
     procedures shall prohibit an individual from holding other 
     part-time employment while providing such part-time obligated 
     services. The Secretary may provide for a reduction in the 
     loan repayments provided to individuals who provide part-time 
     obligated services under the authority provided under this 
     subsection.''.
       (e) Loan Support for Participating Preceptors, Mentors, and 
     Attendings to Supervise Students and Trainees On-Site.--
     Section 338C of the Public Health Service Act (42 U.S.C. 
     254m), as amended by subsection (d), is further amended by 
     adding at the end the following:
       ``(f) The Secretary shall develop procedures to permit up 
     to 20 percent of the service obligation of an individual 
     under this section to be provided by the individual through 
     precepting or mentoring activities, or by preparing 
     curriculum, for on-site students and trainees. The procedures 
     developed under subsection (e) shall provide for the 
     proportional application of this subsection with respect to 
     individual providing obligated service on a part-time 
     basis.''.

     SEC. 202. NATIONAL HEALTH SERVICE CORPS SCHOLARSHIP PROGRAM 
                   FOR MEDICAL, DENTAL, PHYSICIAN ASSISTANT, 
                   PHARMACY, BEHAVIORAL AND MENTAL HEALTH, PUBLIC 
                   HEALTH, AND NURSING STUDENTS IN THE UNITED 
                   STATES PUBLIC HEALTH SCIENCES TRACK IN 
                   AFFILIATED SCHOOLS.

       (a) Program Authorized.--
       (1) In general.--Subpart III of part D of title III of the 
     Public Health Service Act (42 U.S.C. 254l et seq.) is 
     amended--
       (A) in the heading by inserting ``, Scholarship Program for 
     Medical, Dental, Physician Assistant, Pharmacy, Behavioral 
     and Mental Health, Public Health, and Nursing Students in the 
     United States Public Health Sciences Track in Affiliated 
     Schools,'' after ``Scholarship Program''; and
       (B) by inserting after section 338A the following:

     ``SEC. 338A-1. NATIONAL HEALTH SERVICE CORPS SCHOLARSHIP 
                   PROGRAM FOR MEDICAL, DENTAL, PHYSICIAN 
                   ASSISTANT, PHARMACY, BEHAVIORAL AND MENTAL 
                   HEALTH, PUBLIC HEALTH, AND NURSING STUDENTS IN 
                   THE UNITED STATES PUBLIC HEALTH SCIENCES TRACK 
                   IN AFFILIATED SCHOOLS.

       ``(a) Establishment.--
       ``(1) In general.--The Secretary shall establish a program 
     to be known as the National Health Service Corps Scholarship 
     Program for Medical, Dental, Physician Assistant, Pharmacy, 
     Behavioral and Mental Health, Public Health, and Nursing 
     Students in the United States Public Health Sciences Track in 
     Affiliated Schools (in this section referred to as the `U.S. 
     Public Health Sciences Track Scholarship Program) to ensure, 
     with respect to the provision of high-needs health care 
     services, including primary care, general dentistry, nursing, 
     obstetrics, and geriatricians pursuant to section 331(a)(2), 
     an adequate supply of physicians, physician assistants, 
     pharmacists, behavioral and mental health professionals, 
     public health professionals, dentists, and nurses. The 
     purpose of this program is to train an additional 150 medical 
     students, 100 dental students, 100 physician assistant 
     students, 100 behavioral and mental health students, 100 
     public health students, and 250 nursing students during each 
     year. Of the 150 scholarships awarded to the medical students 
     as described under the preceding sentence, 10 shall be for 
     training at the Uniformed Services University of the Health 
     Sciences as members of the Commissioned Corps of the Public 
     Health Service.
       ``(2) Relationship to national health service corps 
     scholarship program.--

[[Page S4327]]

     Scholarships provided under this section are intended to 
     complement, and not take the place of, scholarships provided 
     to students enrolled in courses of study leading to a degree 
     in medicine, osteopathic medicine, dentistry, or nursing or 
     completion of an accredited physician assistant, pharmacy, 
     public health, or behavioral and mental health educational 
     program under the National Health Service Corps Scholarship 
     Program authorized by section 338A.
       ``(b) Eligibility.--To be eligible to participate in the 
     U.S. Public Health Sciences Track Scholarship and Grants 
     Program, an individual shall--
       ``(1) be accepted for enrollment as a full-time student--
       ``(A) in an accredited (as determined by the Secretary) 
     educational institution in a State; and
       ``(B) in a course of study, or program, offered by such 
     institution leading to a degree in medicine, osteopathic 
     medicine, dentistry, physician assistant, pharmacy, 
     behavioral and mental health, public health, or nursing;
       ``(2) be eligible for, or hold, an appointment as a 
     commissioned officer in the Regular or Reserve Corps of the 
     Service or be eligible for selection for civilian service in 
     the Corps;
       ``(3) submit an application to participate in the U.S. 
     Public Health Sciences Track Scholarship and Grants Program; 
     and
       ``(4) sign and submit to the Secretary, at the time of 
     submittal of such application, a written contract to accept 
     payment of a scholarship and to serve (in accordance with 
     this subpart) for the applicable period of obligated service 
     in an area in which the need for public health-related 
     services may be demonstrated.''.
       (2) No tax implications.--For purposes of the Internal 
     Revenue Code of 1986, any amount received under the National 
     Health Service Corps Scholarship Program for Medical, Dental 
     and Nursing Students in the United States Public Health 
     Sciences Track in Affiliated Schools under section 338A-1 of 
     the Public Health Service Act, as added by paragraph (1), by 
     a medical student, dental student, or nursing student shall 
     not be included in the gross income of such student.
       (b) Grants to Increase the Number of Available Slots for 
     Newly Admitted Medical, Dental, Physician Assistant, 
     Pharmacy, Behavioral and Mental Health, Public Health, and 
     Nursing Students and to Increase Participation in the U.S. 
     Public Health Sciences Track Scholarship Program.--Part C of 
     title VII of the Public Health Service Act (42 U.S.C. 293k et 
     seq.) is amended by adding at the end the following:

     ``SEC. 749. GRANTS TO INCREASE THE NUMBER OF AVAILABLE SLOTS 
                   FOR NEWLY ADMITTED MEDICAL, DENTAL, PHYSICIAN 
                   ASSISTANT, PHARMACY, BEHAVIORAL AND MENTAL 
                   HEALTH, PUBLIC HEALTH, AND NURSING STUDENTS AND 
                   TO INCREASE PARTICIPATION IN THE U.S. PUBLIC 
                   HEALTH SCIENCES TRACK SCHOLARSHIP PROGRAM.

       ``(a) Program Authorized.--The Secretary may make grants to 
     medical, dental, public health, and nursing schools and 
     physician assistant, pharmacy, and behavioral and mental 
     health programs for the following purposes:
       ``(1) To increase the capacity of the recipient medical, 
     dental, public health, or nursing school or physician 
     assistant, pharmacy, or behavioral and mental health program, 
     to accept additional medical, dental, public health, nursing, 
     physician assistant, pharmacy, or behavioral and mental 
     health students each year.
       ``(2) To develop curriculum.
       ``(3) To acquire equipment.
       ``(4) To recruit, train, and retain faculty.
       ``(5) To provide assistance to students who have completed 
     a course of study at the recipient medical, dental, public 
     health, or nursing school or physician assistant, pharmacy, 
     or behavioral and mental health program during the period in 
     which such students are completing a residency or internship 
     program affiliated with the recipient institution.
       ``(b) Application.--A medical, dental, public health, or 
     nursing school or physician assistant, pharmacy, or 
     behavioral and mental health program seeking a grant under 
     this section shall submit an application to the Secretary at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       ``(c) Definition of Medical School.--In this section, the 
     term `medical school' means a school of medicine or a school 
     of osteopathic medicine.''.

     SEC. 203. FEDERAL MEDICAL FACILITY GRANT PROGRAM AND PROGRAM 
                   ASSESSMENTS.

       (a) Federal Medical Facility Grant Program.--Title VII of 
     the Public Health Service Act (42 U.S.C. 292 et seq.) is 
     amended--
       (1) by redesignating part F as part G; and
       (2) by inserting after part E, the following:

``PART F--START-UP EXPENSES LOAN AND GRANT PROGRAMS FOR FEDERAL MEDICAL 
  FACILITIES AND HOSPITALS STARTING HIGH NEEDS RESIDENCY PROGRAMS IN 
                             SHORTAGE AREAS

     ``SEC. 781. FEDERAL MEDICAL FACILITY GRANT PROGRAM.

       ``(a) In General.--The Secretary shall award grants to 
     eligible facilities to increase interdisciplinary, community-
     based health professions training in high-needs specialties 
     for physicians, nurses, dentists, physician assistants, 
     pharmacy, behavioral and mental health professionals, public 
     health professionals, and other health professionals as 
     determined appropriate by the Secretary, in consultation with 
     the Permanent National Health Workforce Commission 
     established under section 101(a) of the Health Access and 
     Health Professions Supply Act of 2009.
       ``(b) Eligible Facilities; Application.--
       ``(1) Definition of eligible facility.--In this section, 
     the term `eligible facility'--
       ``(A) means a facility which--
       ``(i) is located in a health professional shortage area (as 
     defined in section 332);
       ``(ii) is located in a medically underserved community (as 
     defined in section 799B), or with respect to a medically 
     underserved population (as defined in section 330(b)(3));
       ``(iii) is a Federal medical facility;
       ``(iv) is an area health education center, a health 
     education and training center, or a participant in the 
     Quentin N. Burdick program for rural interdisciplinary 
     training, that meet the requirements established by the 
     Secretary; or
       ``(v) is establishing new residency programs in a specialty 
     which the Secretary, in consultation with the Permanent 
     National Health Workforce Commission established under 
     section 101(a) of the Health Access and Health Professions 
     Supply Act of 2009, determines is in high-need; and
       ``(B) includes Medicare certified Federally Qualified 
     Health Centers, community health centers, health care for the 
     homeless centers, rural health centers, migrant health 
     centers, Indian Health Service entities, urban Indian 
     centers, health clinics and hospitals operated by the Indian 
     Health Service, Indian tribes and tribal organizations, and 
     urban Indian organizations (as defined in section 4 of the 
     Indian Health Care Improvement Act), and other Federal 
     medical facilities).
       ``(2) Application.--An eligible facility desiring a grant 
     under subsection (a) shall submit to the Secretary an 
     application at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(c) Use of Funds.--An eligible facility shall use amounts 
     received under a grant under subsection (a) to promote--
       ``(1) the training of health professionals in 
     interdisciplinary, community-based settings that are 
     affiliated with hospitals and other health care facilities 
     and teaching institutions;
       ``(2) community development programs that assure a diverse 
     health professions workforce through emphasis on individuals 
     from rural and frontier areas and underrepresented minority 
     groups;
       ``(3) the development of a reliable health professions 
     pipeline that provides an emphasis on health-related careers 
     in schools (such as schools participating in the Health 
     Careers Opportunities Program) and centers of excellence, and 
     that encourage individuals in underrepresented minorities 
     (including Hispanic, African American, American Indian, and 
     Alaska Native individuals) to pursue health professions 
     careers;
       ``(4) the reduction of health professional isolation in 
     rural, frontier, and urban underserved areas through the 
     provision of continuing education, mentoring, and precepting 
     activities, field faculty development, and the utilization of 
     technology such as telehealth and electronic health records;
       ``(5) the establishment and operation of regional or 
     statewide health advice telephone lines to reduce after-hours 
     call responsibilities for overworked health professionals who 
     provide services in remote areas that have few health 
     professionals taking such after-hours calls;
       ``(6) an increase in the number of professionals taking 
     after-hours calls in hospitals and emergency departments in 
     health professional shortage areas (as defined in section 
     332), in medically underserved communities (as defined in 
     section 799B), or with respect to medically underserved 
     populations (as defined in section 330(b)(3));
       ``(7) the establishment and operation of relief programs 
     that provide health professionals practicing in health 
     professional shortage areas (as defined in section 332) with 
     patient and call coverage when such professionals are ill, 
     are pursuing continuing education, or are taking a vacation; 
     and
       ``(8) the exposure of health professions residents to 
     systems of health care that represent the contemporary 
     American healthcare delivery program (such as `P4' Prepare 
     the Personal Physician for Practice and the `Health Commons' 
     programs).
       ``(d) Subgrants.--An eligible facility may use amounts 
     received under a grant under this section to award subgrants 
     to States and other entities determined appropriate by the 
     Secretary to carry out the activities described in subsection 
     (c).
       ``(e) Set Aside.--In awarding grants under this section, 
     the Secretary shall ensure that a total of $500,000 is 
     awarded annually for the activities of the National Rural 
     Recruitment and Retention Network, or a similar entity.
       ``(f) Definition of Federal Medical Facility.--In this 
     section, the term `Federal medical facility' means a facility 
     for the delivery of health services, and includes--
       ``(1) a federally qualified health center (as defined in 
     section 330A), a public health center, an outpatient medical 
     facility, or a community mental health center;
       ``(2) a hospital, State mental hospital, facility for long-
     term care, or rehabilitation facility;
       ``(3) a migrant health center or an Indian Health Service 
     facility;
       ``(4) a facility for the delivery of health services to 
     inmates in a penal or correctional

[[Page S4328]]

     institution (under section 323) or a State correctional 
     institution;
       ``(5) a Public Health Service medical facility (used in 
     connection with the delivery of health services under section 
     320, 321, 322, 324, 325, or 326)); or
       ``(6) any other Federal medical facility.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, 
     $623,000,000 for fiscal year 2009, $666,000,000 for fiscal 
     year 2010, $675,000,000 for fiscal year 2011, $700,000,000 
     for fiscal year 2012, and $725,000,000 for fiscal year 
     2013.''.
       (b) Assessments.--
       (1) Establishment.--The Secretary of Health and Human 
     Services (referred to in this section as the ``Secretary'') 
     shall establish program assessment rating tools for each 
     program funded through titles VII and VIII of the Public 
     Health Service Act (42 U.S.C. 292 and 296 et seq.).
       (2) Criteria.--The Secretary, in consultation with the 
     Administrator of the Health Resources and Services 
     Administration and other appropriate public and private 
     stakeholders, shall, through negotiated rulemaking, establish 
     criteria for the conduct of the assessments under paragraph 
     (2).
       (3) Annual assessments.--The Secretary shall annually enter 
     into a contract with an independent nongovernmental entity 
     for the conduct of an assessment, using the tools established 
     under paragraph (1) and the criteria established under 
     paragraph (2), of not less than 20 percent, nor more than 25 
     percent, of the programs carried out under titles VII and 
     VIII of the Public Health Service Act, so that every program 
     under such titles is assessed at least once during every 5-
     year period.

     SEC. 204. HEALTH PROFESSIONS TRAINING LOAN PROGRAM.

       Part F of title VII of the Public Health Service Act (as 
     added by section 203) is amended by adding at the end the 
     following

     ``SEC. 782. ESTABLISHMENT.

       ``(a) In General.--The Secretary shall establish a program 
     under which the Secretary shall award interest-free loans 
     to--
       ``(1) eligible hospitals to enable such hospitals to 
     establish training programs in high-need specialties; and
       ``(2) eligible non-hospital community-based entities to 
     enable such entities to establish health professions training 
     programs.
       ``(b) Eligibility.--
       ``(1) In general.--To be eligible to receive a loan under 
     subsection (a)--
       ``(A) a hospital shall--
       ``(i) be located in a health professional shortage area (as 
     such term is defined in section 332);
       ``(ii) comply with the requirements of paragraph (2); and
       ``(iii) submit to the Secretary an application at such 
     time, in such manner, and containing such information as the 
     Secretary may require; or
       ``(B) a non-hospital community-based entity shall--
       ``(i) comply with the requirements of paragraph (2); and
       ``(ii) submit to the Secretary an application at such time, 
     in such manner, and containing such information as the 
     Secretary may require.
       ``(2) Requirements.--To be eligible to receive a loan under 
     subsection (a), a hospital or non-hospital community-based 
     entity shall--
       ``(A) on the date on which the entity submits the loan 
     application, not operate a residency with respect to a high-
     needs specialty (as determined by the Secretary in 
     consultation with the Permanent National Health Workforce 
     Commission established under section 101(a) of the Health 
     Access and Health Professions Supply Act of 2009) or provide 
     a health professions training program, as the case may be;
       ``(B) have received appropriate preliminary accreditation 
     from the relevant accrediting agency (American Council for 
     Graduate Medical Education, American Osteopathic Association, 
     or Dental, Physician Assistant, Pharmacy, Behavioral and 
     Mental Health, Public Health, and Nursing accrediting 
     agencies), as determined by the Secretary; and
       ``(C) execute a signed formal contract under which the 
     hospital or entity agree to repay the loan.
       ``(c) Use of Loan Funds.--Amounts received under a loan 
     under subsection (a) shall be used only for--
       ``(1) the salary and fringe benefit expenses of residents, 
     students, trainees, and faculty, or other costs directly 
     attributable to the residency, educational, or training 
     program to be carried out under the loan, as specified by the 
     Secretary; or
       ``(2) facility construction or renovation, including 
     equipment purchase.
       ``(d) Priority.--In awarding loans under subsection (a), 
     the Secretary shall give priority to applicants that are 
     located in health professional shortage areas (as defined in 
     section 332) or in medically underserved communities (as 
     defined in section 799B), or that serve medically underserved 
     populations (as defined in section 330(b)(3)).
       ``(e) Loan Provisions.--
       ``(1) Loan contract.--The loan contract entered into under 
     subsection (b)(2) shall contain terms that provide for the 
     repayment of the loan, including the number and amount of 
     installment payments as described in such contract. Such 
     repayment shall begin on the date that is 24 months after the 
     date on which the loan contract is executed and shall be 
     fully repaid not later than 36 months after the date of the 
     first payment.
       ``(2) Interest.--Loans under this section shall be repaid 
     without interest.
       ``(f) Limitation.--The amount of a loan under this section 
     with respect to each of the uses described in subsection 
     (c)(1) or (c)(2) shall not exceed $2,000,000.
       ``(g) Failure to Repay.--A hospital or non-hospital 
     community-based entity that fails to comply with the terms of 
     a contract entered into under subsection (b)(2) shall be 
     liable to the United States for the amount which has been 
     paid to such hospital or entity under the contract.
       ``(h) Authorization of Appropriations.--There is authorized 
     to be appropriated, such sums as may be necessary to carry 
     out this section.''.

     SEC. 205. UNITED STATES PUBLIC HEALTH SCIENCES TRACK.

       Title II of the Public Health Service Act (42 U.S.C. 202 et 
     seq.) is amended by adding at the end the following:

          ``PART D--UNITED STATES PUBLIC HEALTH SCIENCES TRACK

     ``SEC. 271. ESTABLISHMENT.

       ``(a) United States Public Health Services Track.--
       ``(1) In general.--There is hereby authorized to be 
     established a United States Public Health Sciences Track 
     (referred to in this part as the `Track'), at sites to be 
     selected by the Secretary, with authority to grant 
     appropriate advanced degrees in a manner that uniquely 
     emphasizes team-based service, public health, epidemiology, 
     and emergency preparedness and response. It shall be so 
     organized as to graduate not less than--
       ``(A) 150 medical students annually;
       ``(B) 100 dental students annually;
       ``(C) 250 nursing students annually;
       ``(D) 100 public health students annually;
       ``(E) 100 behavioral and mental health professional 
     students annually;
       ``(F) 100 physician assistant or nurse practitioner 
     students annually; and
       ``(G) 50 pharmacy students annually.
       ``(2) Locations.--The Track shall be located at existing 
     and accredited, affiliated health professions education 
     training programs at academic health centers located in 
     regions of the United States determined appropriate by the 
     Surgeon General, in consultation with the Permanent National 
     Health Workforce Commission.
       ``(b) Number of Graduates.--Except as provided in 
     subsection (a), the number of persons to be graduated from 
     the Track shall be prescribed by the Secretary. In so 
     prescribing the number of persons to be graduated from the 
     Track, the Secretary shall institute actions necessary to 
     ensure the maximum number of first-year enrollments in the 
     Track consistent with the academic capacity of the affiliated 
     sites and the needs of the United States for medical, dental, 
     and nursing personnel.
       ``(c) Development.--The development of the Track may be by 
     such phases as the Secretary may prescribe subject to the 
     requirements of subsection (a).
       ``(d) Integrated Longitudinal Plan.--The Surgeon General 
     shall develop an integrated longitudinal plan for health 
     professions continuing education throughout the continuum of 
     health-related education, training, and practice. Training 
     under such plan shall emphasize patient-centered, 
     interdisciplinary, and care coordination skills. Experience 
     with deployment of emergency response teams shall be included 
     during the clinical experiences.
       ``(e) Faculty Development.--The Surgeon General shall 
     develop faculty development programs and curricula in 
     decentralized venues of health care, to balance urban, 
     tertiary, and inpatient venues.

     ``SEC. 272. ADMINISTRATION.

       ``(a) In General.--The business of the Track shall be 
     conducted by the Surgeon General with funds appropriated for 
     and provided by the Department of Health and Human Services. 
     The Permanent National Health Workforce Commission shall 
     assist the Surgeon General in an advisory capacity.
       ``(b) Faculty.--
       ``(1) In general.--The Surgeon General, after considering 
     the recommendations of the Permanent National Health 
     Workforce Commission, shall obtain the services of such 
     professors, instructors, and administrative and other 
     employees as may be necessary to operate the Track, but 
     utilize when possible, existing affiliated health professions 
     training institutions. Members of the faculty and staff shall 
     be employed under salary schedules and granted retirement and 
     other related benefits prescribed by the Secretary so as to 
     place the employees of the Track faculty on a comparable 
     basis with the employees of fully accredited schools of the 
     health professions within the United States.
       ``(2) Titles.--The Surgeon General may confer academic 
     titles, as appropriate, upon the members of the faculty.
       ``(3) Nonapplication of provisions.--The limitations in 
     section 5373 of title 5, United States Code, shall not apply 
     to the authority of the Surgeon General under paragraph (1) 
     to prescribe salary schedules and other related benefits.
       ``(c) Agreements.--The Surgeon General may negotiate 
     agreements with agencies of the Federal Government to utilize 
     on a reimbursable basis appropriate existing Federal medical 
     resources located in the United States (or locations selected 
     in accordance with section 271(a)(2)). Under such agreements 
     the facilities concerned will retain

[[Page S4329]]

     their identities and basic missions. The Surgeon General may 
     negotiate affiliation agreements with accredited universities 
     and health professions training institutions in the United 
     States. Such agreements may include provisions for payments 
     for educational services provided students participating in 
     Department of Health and Human Services educational programs.
       ``(d) Programs.--The Surgeon General may establish the 
     following educational programs for Track students:
       ``(1) Postdoctoral, postgraduate, and technological 
     institutes.
       ``(2) A graduate school of nursing.
       ``(3) Other schools or programs that the Surgeon General 
     determines necessary in order to operate the Track in a cost-
     effective manner.
       ``(e) Continuing Medical Education.--The Surgeon General 
     shall establish programs in continuing medical education for 
     members of the health professions to the end that high 
     standards of health care may be maintained within the United 
     States.
       ``(f) Authority of the Surgeon General.--
       ``(1) In general.--The Surgeon General is authorized--
       ``(A) to enter into contracts with, accept grants from, and 
     make grants to any nonprofit entity for the purpose of 
     carrying out cooperative enterprises in medical, dental, 
     physician assistant, pharmacy, behavioral and mental health, 
     public health, and nursing research, consultation, and 
     education;
       ``(B) to enter into contracts with entities under which the 
     Surgeon General may furnish the services of such 
     professional, technical, or clerical personnel as may be 
     necessary to fulfill cooperative enterprises undertaken by 
     the Track;
       ``(C) to accept, hold, administer, invest, and spend any 
     gift, devise, or bequest of personal property made to the 
     Track, including any gift, devise, or bequest for the support 
     of an academic chair, teaching, research, or demonstration 
     project;
       ``(D) to enter into agreements with entities that may be 
     utilized by the Track for the purpose of enhancing the 
     activities of the Track in education, research, and 
     technological applications of knowledge; and
       ``(E) to accept the voluntary services of guest scholars 
     and other persons.
       ``(2) Limitation.--The Surgeon General may not enter into 
     any contract with an entity if the contract would obligate 
     the Track to make outlays in advance of the enactment of 
     budget authority for such outlays.
       ``(3) Scientists.--Scientists or other medical, dental, or 
     nursing personnel utilized by the Track under an agreement 
     described in paragraph (1) may be appointed to any position 
     within the Track and may be permitted to perform such duties 
     within the Track as the Surgeon General may approve.
       ``(4) Volunteer services.--A person who provides voluntary 
     services under the authority of subparagraph (E) of paragraph 
     (1) shall be considered to be an employee of the Federal 
     Government for the purposes of chapter 81 of title 5, 
     relating to compensation for work-related injuries, and to be 
     an employee of the Federal Government for the purposes of 
     chapter 171 of title 28, relating to tort claims. Such a 
     person who is not otherwise employed by the Federal 
     Government shall not be considered to be a Federal employee 
     for any other purpose by reason of the provision of such 
     services.

     ``SEC. 273. STUDENTS; SELECTION; OBLIGATION.

       ``(a) Student Selection.--
       ``(1) In general.--Medical, dental, physician assistant, 
     pharmacy, behavioral and mental health, public health, and 
     nursing students at the Track shall be selected under 
     procedures prescribed by the Surgeon General. In so 
     prescribing, the Surgeon General shall consider the 
     recommendations of the Permanent National Health Workforce 
     Commission.
       ``(2) Priority.--In developing admissions procedures under 
     paragraph (1), the Surgeon General shall ensure that such 
     procedures give priority to applicant medical, dental, 
     physician assistant, pharmacy, behavioral and mental health, 
     public health, and nursing students from rural communities 
     and underrepresented minorities.
       ``(b) Contract and Service Obligation.--
       ``(1) Contract.--Upon being admitted to the Track, a 
     medical, dental, physician assistant, pharmacy, behavioral 
     and mental health, public health, or nursing student shall 
     enter into a written contract with the Surgeon General that 
     shall contain--
       ``(A) an agreement under which--
       ``(i) subject to subparagraph (B), the Surgeon General 
     agrees to provide the student with tuition (or tuition 
     remission) and a student stipend (described in paragraph (2)) 
     in each school year for a period of years (not to exceed 4 
     school years) determined by the student, during which period 
     the student is enrolled in the Track at an affiliated or 
     other participating health professions institution pursuant 
     to an agreement between the Track and such institution; and
       ``(ii) subject to subparagraph (B), the student agrees--

       ``(I) to accept the provision of such tuition and student 
     stipend to the student;
       ``(II) to maintain enrollment at the Track until the 
     student completes the course of study involved;
       ``(III) while enrolled in such course of study, to maintain 
     an acceptable level of academic standing (as determined by 
     the Surgeon General);
       ``(IV) if pursuing a degree from a school of medicine or 
     osteopathic medicine, dental, public health, or nursing 
     school or a physician assistant, pharmacy, or behavioral and 
     mental health professional program, to complete a residency 
     or internship in a specialty that the Surgeon General 
     determines is appropriate; and
       ``(V) to serve for a period of time (referred to in this 
     part as the `period of obligated service') within the 
     Commissioned Corps of the Public Health Service equal to 2 
     years for each school year during which such individual was 
     enrolled at the College, reduced as provided for in paragraph 
     (3);

       ``(B) a provision that any financial obligation of the 
     United States arising out of a contract entered into under 
     this part and any obligation of the student which is 
     conditioned thereon, is contingent upon funds being 
     appropriated to carry out this part;
       ``(C) a statement of the damages to which the United States 
     is entitled for the student's breach of the contract; and
       ``(D) such other statements of the rights and liabilities 
     of the Secretary and of the individual, not inconsistent with 
     the provisions of this part.
       ``(2) Tuition and student stipend.--
       ``(A) Tuition remission rates.--The Surgeon General, based 
     on the recommendations of the Permanent National Health 
     Workforce Commission established under section 101(a) of the 
     Health Access and Health Professions Supply Act of 2009, 
     shall establish Federal tuition remission rates to be used by 
     the Track to provide reimbursement to affiliated and other 
     participating health professions institutions for the cost of 
     educational services provided by such institutions to Track 
     students. The agreement entered into by such participating 
     institutions under paragraph (1)(A)(i) shall contain an 
     agreement to accept as payment in full the established 
     remission rate under this subparagraph.
       ``(B) Stipend.--The Surgeon General, based on the 
     recommendations of the Permanent National Health Workforce 
     Commission, shall establish and update Federal stipend rates 
     for payment to students under this part.
       ``(3) Reductions in the period of obligated service.--The 
     period of obligated service under paragraph (1)(A)(ii)(V) 
     shall be reduced--
       ``(A) in the case of a student who elects to participate in 
     a high-needs speciality residency (as determined by the 
     Permanent National Health Workforce Commission), by 3 months 
     for each year of such participation (not to exceed a total of 
     12 months); and
       ``(B) in the case of a student who, upon completion of 
     their residency, elects to practice in a Federal medical 
     facility (as defined in section 781(e)) that is located in a 
     health professional shortage area (as defined in section 
     332), by 3 months for year of full-time practice in such a 
     facility (not to exceed a total of 12 months).
       ``(c) Second 2 Years of Service.--During the third and 
     fourth years in which a medical, dental, physician assistant, 
     pharmacy, behavioral and mental health, public health, or 
     nursing student is enrolled in the Track, training should be 
     designed to prioritize clinical rotations in Federal medical 
     facilities in health professional shortage areas, and 
     emphasize a balance of hospital and community-based 
     experiences, and training within interdisciplinary teams.
       ``(d) Dentist, Physician Assistant, Pharmacist, Behavioral 
     and Mental Health Professional, Public Health Professional, 
     and Nurse Training.--The Surgeon General shall establish 
     provisions applicable with respect to dental, physician 
     assistant, pharmacy, behavioral and mental health, public 
     health, and nursing students that are comparable to those for 
     medical students under this section, including service 
     obligations, tuition support, and stipend support. The 
     Surgeon General shall give priority to health professions 
     training institutions that train medical, dental, physician 
     assistant, pharmacy, behavioral and mental health, public 
     health, and nursing students for some significant period of 
     time together, but at a minimum have a discrete and shared 
     core curriculum.
       ``(e) Elite Federal Disaster Teams.--The Surgeon General, 
     in consultation with the Secretary, the Director of the 
     Centers for Disease Control and Prevention, and other 
     appropriate military and Federal government agencies, shall 
     develop criteria for the appointment of highly qualified 
     Track faculty, medical, dental, physician assistant, 
     pharmacy, behavioral and mental health, public health, and 
     nursing students, and graduates to elite Federal disaster 
     preparedness teams to train and to respond to public health 
     emergencies, natural disasters, bioterrorism events, and 
     other emergencies.
       ``(f) Student Dropped From Track in Affiliate School.--A 
     medical, dental, physician assistant, pharmacy, behavioral 
     and mental health, public health, or nursing student who, 
     under regulations prescribed by the Surgeon General, is 
     dropped from the Track in an affiliated school for deficiency 
     in conduct or studies, or for other reasons, shall be liable 
     to the United States for all tuition and stipend support 
     provided to the student.

     ``SEC. 274. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     part, section 338A-1, and section 749, such sums as may be 
     necessary.''.

     SEC. 206. MEDICAL EDUCATION DEBT REIMBURSEMENT FOR PHYSICIANS 
                   OF THE VETERANS HEALTH ADMINISTRATION.

       (a) In General.--The Secretary of Veterans Affairs shall 
     carry out a program

[[Page S4330]]

     under which eligible physicians described in subsection (b) 
     are reimbursed for the education debt of such physicians as 
     described in subsection (c).
       (b) Eligible Physicians.--An eligible physician described 
     in this subsection is any physician currently appointed to a 
     physician position in the Veterans Health Administration 
     under section 7402(b)(1) of title 38, United States Code, who 
     enters into an agreement with the Secretary to continue 
     serving as a physician in such position for such period of 
     time as the Secretary shall specify in the agreement.
       (c) Covered Education Debt.--The education debt for which 
     an eligible physician may be reimbursed under this section is 
     any amount paid by the physician for tuition, room and board, 
     or expenses in obtaining the degree of doctor or medicine or 
     of doctor of osteopathy, including any amounts of principal 
     or interest paid by the physician under a loan, the proceeds 
     of which were used by or on behalf of the physician for the 
     costs of obtaining such degree.
       (d) Frequency of Reimbursement.--Any reimbursement of an 
     eligible physician under this section shall be made in a lump 
     sum or in installments of such frequency as the Secretary 
     shall specify the agreement of the physician as required 
     under subsection (b).
       (e) Liability for Failure to Complete Obligated Service.--
     Any eligible physician who fails to satisfactorily complete 
     the period of service agreed to by the physician under 
     subsection (b) shall be liable to the United States in an 
     amount determined in accordance with the provisions of 
     section 7617(c)(1) of title 38, United States Code.
       (f) Treatment of Reimbursement With Other Pay and Benefit 
     Authorities.--Any amount of reimbursement payable to an 
     eligible physician under this section is in addition to any 
     other pay, allowances, or benefits that may be provided the 
     physician under law, including any educational assistance 
     under the Department of Veterans Affairs Health Professional 
     Educational Assistance Program under chapter 76 of title 38, 
     United States Code.

 TITLE III--HEALTH PROFESSIONAL TRAINING PIPELINE PARTNERSHIPS PROGRAM

     SEC. 301. GRANTS TO PREPARE STUDENTS FOR CAREERS IN HEALTH 
                   CARE.

       (a) Purpose.--The purpose of this section is to support the 
     development and implementation of programs designed to 
     prepare middle school and high school students for study and 
     careers in the healthcare field, including success in 
     postsecondary mathematics and science programs.
       (b) Definitions.--In this section:
       (1) Children from low-income families.--The term ``children 
     from low-income families'' means children described in 
     section 1124(c)(1)(A) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6333(c)(1)(A)).
       (2) Eligible recipients.--The term ``eligible recipient'' 
     means--
       (A) a nonprofit healthcare career pathway partnership 
     organization; or
       (B) a high-need local educational agency in partnership 
     with--
       (i) not less than 1 institution of higher education with an 
     established health profession education program; and
       (ii) not less than 1 community-based, private sector 
     healthcare provider organization.
       (3) High-need local educational agency.--The term ``high-
     need local educational agency'' means a local educational 
     agency or educational service agency--
       (A) that serves not fewer than 10,000 children from low-
     income families;
       (B) for which not less than 20 percent of the children 
     served by the agency are children from low-income families;
       (C) that meets the eligibility requirements for funding 
     under the Small, Rural School Achievement Program under 
     section 6211(b) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7345(b)); or
       (D) that meets the eligibility requirements for funding 
     under the Rural and Low-Income School Program under section 
     6221(b)(1) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7351(b)(1)).
       (4) Nonprofit healthcare career pathway partnership 
     organization.--The term ``nonprofit healthcare career pathway 
     partnership organization'' means a nonprofit organization 
     focused on developing career and educational pathways to 
     healthcare professions, that shall include representatives 
     of--
       (A) the local educational agencies;
       (B) not less than 1 institution of higher education (as 
     defined in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a))) with an established health profession 
     education program; and
       (C) not less than 1 community-based, private sector 
     healthcare provider organization or other healthcare industry 
     organization.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (c) Grants Authorized.--
       (1) In general.--The Secretary is authorized to award 
     grants, on a competitive basis, to eligible recipients to 
     enable the recipients to develop and implement programs of 
     study to prepare middle school and high school students for 
     postsecondary education leading to careers in the healthcare 
     field.
       (2) Minimum funding level.--Grants shall be awarded at a 
     minimum level of $500,000 per recipient, per year.
       (3) Renewability.--Grants may be renewed, at the discretion 
     of the Secretary, for not more than 5 years.
       (d) Application.--Each eligible recipient desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require, which shall include 
     an assurance that the recipient will meet the program 
     requirements described in subsection (f)(2).
       (e) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to--
       (1) applicants that include a local educational agency that 
     is located in an area that is designated under section 
     332(a)(1)(A) of the Public Health Service Act (42 U.S.C. 
     254e(a)(1)(A)) as a health professional shortage area;
       (2) applicants that include an institution of higher 
     education that emphasizes an interdisciplinary approach to 
     health profession education; and
       (3) applicants whose program involves the development of a 
     uniquely innovative public-private partnership.
       (f) Authorized Activities/use of Funds.--
       (1) In general.--Each eligible recipient that receives a 
     grant under this section shall use the grant funds to develop 
     and implement programs of study to prepare middle school and 
     high school students for careers in the healthcare field 
     that--
       (A) are aligned with State challenging academic content 
     standards and State challenging student academic achievement 
     standards; and
       (B) lead to high school graduation with the skills and 
     preparation--
       (i) to enter postsecondary education programs of study in 
     mathematics and science without remediation; and
       (ii) necessary to enter healthcare jobs directly.
       (2) Program requirements.--A program of study described in 
     paragraph (1) shall--
       (A) involve a review and identification of the content 
     knowledge and skills students who enter institutions of 
     higher education and the workforce need to have in order to 
     succeed in the healthcare field;
       (B) promote the alignment of mathematics and science 
     curricula and assessments in middle school and high school 
     and facilitate learning of the required knowledge and skills 
     identified in subparagraph (A);
       (C) include an outreach component to educate middle school 
     and high school students and their parents about the full 
     range of employment opportunities in the healthcare field, 
     specifically in the local community;
       (D) include specific opportunities for youth to interact 
     with healthcare professionals or industry representatives in 
     the classroom, school, or community locations and how these 
     experiences will be integrated with coursework;
       (E) include high-quality volunteer or internship 
     experiences, integrated with coursework;
       (F) provide high-quality mentoring, counseling, and career 
     counseling support services to program participants;
       (G) consider the inclusion of a distance-learning component 
     or similar education technology that would expand 
     opportunities for geographically isolated individuals;
       (H) encourage the participation of individuals who are 
     members of groups that are underrepresented in postsecondary 
     education programs in mathematics and science;
       (I) encourage participants to seek work in communities 
     experiencing acute health professional shortages; and
       (J) collect data, and analyze the data using measurable 
     objectives and benchmarks, to evaluate the extent to which 
     the program succeeded in--
       (i) increasing student and parent awareness of occupational 
     opportunities in the healthcare field;
       (ii) improving student academic achievement in mathematics 
     and science;
       (iii) increasing the number of students entering health 
     care professions upon graduation; and
       (iv) increasing the number of students pursuing secondary 
     education or training opportunities with the potential to 
     lead to a career in the healthcare field.
       (3) Planning grant set aside.--Each eligible recipient that 
     receives a grant under this section shall set aside 10 
     percent of the grant funds for planning and program 
     development purposes.
       (g) Matching Requirement.--Each eligible recipient that 
     receives a grant under this section shall provide, from the 
     private sector, an amount equal to 40 percent of the amount 
     of the grant, in cash or in kind, to carry out the activities 
     supported by the grant.
       (h) Reports.--
       (1) Annual evaluation.--Each eligible recipient that 
     receives a grant under this section shall collect and report 
     to the Secretary annually such information as the Secretary 
     may reasonably require, including--
       (A) the number of schools involved and student participants 
     in the program;
       (B) the race, gender, socio-economic status, and disability 
     status of program participants;
       (C) the number of program participants who successfully 
     graduated from high school;
       (D) the number of program participants who reported 
     enrollment in some form of postsecondary education with the 
     potential to lead to a career in the healthcare field;
       (E) the number of program participants who entered a paid 
     position, either part-time

[[Page S4331]]

     or full-time, in the healthcare field following participation 
     in the program; and
       (F) the data and analysis required under subsection 
     (f)(2)(J).
       (2) Report.--Not later than 3 years after the date of 
     enactment of this section, the Secretary shall submit to 
     Congress an interim report on the results of the evaluations 
     conducted under paragraph (1).
       (i) Authorization and Appropriation.--
       (1) In general.--There are authorized to be appropriated 
     $100,000,000 for each of fiscal years 2009 through 2013 to 
     carry out this section.
       (2) Administrative costs.--For the costs of administering 
     this section, including the costs of evaluating the results 
     of grants and submitting reports to the Congress, there are 
     authorized to be appropriated such sums as may be necessary 
     for each of fiscal years 2009 through 2013.
                                 ______
                                 
      By Mr. HATCH (for himself, Mrs. Lincoln, Mr. Kohl, and Ms. 
        Snowe):
  S. 795. A bill to amend the Social Security Act to enhance the social 
security of the Nation by ensuring adequate public-private 
infrastructure and to resolve to prevent, detect, treat, intervene in, 
and prosecute elder abuse, neglect, and exploitation, and for other 
purposes; to the Committee on Finance.
  Mr. HATCH. Mr. President, today, Senator Blanche Lincoln, Senator 
Herb Kohl, Senator Olympia Snowe and I will be introducing the Elder 
Justice Act. The Elder Justice Act we are introducing today was 
reported by the Senate Finance Committee during the last Congress. In 
fact, this legislation has been introduced consistently since the 107th 
Congress. Additionally, it has been reported unanimously by the Finance 
Committee during the last three Congresses.
  I want to express my gratitude to Senator Blanche Lincoln, the other 
lead sponsor of the Elder Justice Act. Senator Lincoln's strong 
commitment to reducing elder abuse has made a tremendous difference. It 
has been a pleasure to work with her on this important legislation.
  In addition, I want to acknowledge the other original cosponsors of 
this bill, Senator Herb Kohl and Senator Olympia Snowe. Over the years, 
Senator Kohl has been strong supporter of this legislation and, as 
Chairman of the Select Committee on Aging, his support has been greatly 
appreciated by me. Senator Snowe has been a strong supporter of the 
Elder Justice Act for many years.
  The Elder Justice Coalition, headed by Bob Blancato, also has been a 
great ally of the Elder Justice Act. The coalition, which has close to 
560 members, is dedicated to eliminating elder abuse, neglect, and 
exploitation in our country. Over the years, coalition members have 
worked hard to educate Congress about the Elder Justice Act.
  I also must acknowledge the work of former Senator John Breaux on 
this important legislation. Senator Breaux was the original sponsor of 
the Elder Justice Act.
  In fact, Senator Breaux and I first introduced this legislation in 
the 107th Congress.
  Even though Senator Breaux is no longer in the Senate, he has still 
fought for passage of this legislation and currently serves as the 
Honorary Chairman of the Elder Justice Coalition.
  As far as the Elder Justice Act is concerned, one of the most 
significant provisions of this bill is the creation of an Elder Justice 
Coordinating Council and an Advisory Board on elder abuse, neglect and 
exploitation.
  The Coordinating Council, which would be chaired by the Secretary of 
Health and Human Services, would be made up of Federal agency 
representatives who would be responsible for overseeing programs 
related to elder abuse.
  Advisory Board members would include citizens who have extensively 
studied issues surrounding elder abuse.
  Together, the Council and Advisory Board would be responsible for 
coordinating public and private activities and programs related to 
elder abuse.
  Today, that goal is unattainable because quite simply, the approach 
to addressing elder abuse is disjointed among Federal agencies.
  Therefore, the major goal of the Elder Justice Act would be to 
encourage a comprehensive and coordinated response by these Federal 
agencies to elder abuse.
  I also want to take a minute to address a concern that has been 
raised by some who believe that the Elder Justice Act is duplicative 
because federal programs already exist to address elder abuse.
  I respectfully disagree with that assessment. In fact, last Congress, 
we spent a lot of time with agency officials to address some of the 
concerns raised about the bill. It is my hope that we will continue 
those discussions this year.
  That being said, I truly believe that our government needs to do more 
when it comes to elder abuse. As more and more baby boomers retire over 
the next 3 decades, we can no longer ignore the reality that elder 
abuse is prevalent within our society and we must do something to 
address it. Enacting the Elder Justice Act is the first step.
  Senior citizens cannot wait any longer for this legislation to pass. 
Getting this bill signed into law continues to be one of my top 
priorities. Therefore, I urge my colleagues to cosponsor the Elder 
Justice Act and support the passage of this legislation.
  Our seniors deserve no less.
  Mr. KOHL. Mr. President, I wish today to express my support for the 
Elder Justice Act of 2009. As in previous years, I am proud to be an 
original cosponsor. I wish to thank my colleague, Senators Hatch, 
Lincoln, and Snowe for their leadership to address the often-hidden 
scourge of elder abuse. For years, Congress has failed to take concrete 
action to address the consequences of elder abuse, and that must 
change.
  The Elder Justice Act takes several important steps to help protect 
our vulnerable elders. First, it boosts funding for the long-term care 
ombudsman program, which is the chief source of advocacy for 
individuals who live in nursing homes and assisted living facilities. 
The bill would advance the understanding of how to prosecute and 
address elder abuse by providing funds to focus on and develop the 
forensics of elder abuse. In addition, it elevates the importance of 
elder justice issues by creating a coordinating council of Federal 
agencies that will make policy recommendations and submit reports to 
Congress every 2 years. The legislation provides funding for adult 
protective services programs and improves training and working 
conditions for long-term care professionals.
  We must also act to prevent abuse of our elders whenever and wherever 
possible. The Patient Safety and Abuse Prevention Act, which I recently 
reintroduced with my colleague, Senator Collins, would do much to 
prevent physical, emotional and financial abuse by providing States 
with the resources they need to significantly improve background check 
screening processes for vulnerable populations, including frail elders 
and individuals with disabilities. We know from the results of a 3-year 
pilot program that thousands of predators can be eliminated from the 
long-term care workforce that serves elders simply by improving and 
tightening screening standards.
  In closing, I urge my colleagues to support both the Elder Justice 
Act and the Patient Safety and Abuse Prevention Act. Thousands of 
individuals with a history of substantiated abuse or a criminal record 
are hired every year to work closely with exposed and defenseless 
seniors within our Nation's nursing homes and other long-term care 
facilities. Because the current system of State-based background checks 
is haphazard, inconsistent, and full of gaping holes, predators can 
evade detection throughout the hiring process, securing jobs that allow 
them to assault, abuse, and steal from defenseless elders.
  I thank Senators Hatch, Lincoln, and Snowe for their commitment to 
the cause of elder justice. I look forward to working with my 
colleagues to enact the legislation we are introducing today.
                                 ______
                                 
      By Mr. BINGAMAN:
  S. 796. A bill to modify the requirements applicable to locatable 
minerals on public domain land, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, I rise today to introduce the Hardrock 
Mining and Reclamation Act of 2009. This legislation would reform the 
antiquated Mining Law of 1872, a law that governs the mining of 
hardrock minerals, such as gold, silver, and copper, from our Federal 
lands.

[[Page S4332]]

  When the Mining Law was enacted in 1872, in the aftermath of the 
California gold rush, Congress sought to encourage settlement of the 
West. Congress did this by offering free minerals and land to those who 
were willing to go West and mine. Congress put in place a system 
whereby miners could enter the public lands and locate claims for 
valuable mineral deposits, and mine the minerals with no further 
payment to the government. In the 1872 law, Congress also provided that 
the Federal Government would patent, or transfer title in fee simple, 
to the mining claims on the public domain for $2.50 or $5.00 an acre.
  In 1920, Congress enacted the Mineral Leasing Act, and removed oil, 
gas, coal, and certain other minerals from the operation of the Mining 
Law. In so doing, Congress enacted a management regime that requires 
the leasing of these minerals. In addition, Congress required payment 
of per-acre rentals and ad valorem royalties based on the value of 
production of the oil, gas and coal, providing a return to the public 
for the production of publicly-owned resources.
  However, as we all know, the Mining Law of 1872 continues to govern 
the disposition of hardrock minerals from Federal lands. While Congress 
has stepped in and prevented the patenting of lands through annual 
appropriations riders, patenting provisions allowing the transfer of 
mineralized Federal lands for $2.50 or $5.00 per acre are still on the 
books. In addition, to this day under the Mining Law, billions of 
dollars of hardrock minerals can be mined from Federal lands without 
payment of a royalty. General land management and environmental laws 
apply, but there are no specific statutory provisions under the Mining 
Law setting surface management or environmental standards.
  Efforts to comprehensively reform the Mining Law have been ongoing 
literally for decades, but results have thus far been elusive. Congress 
came close to enacting comprehensive reform in 1994, and Congress has 
enacted moratoria on patent issuance and has imposed claim maintenance 
fees through the appropriations process. The House passed reform 
legislation last Congress and several of us in the Senate had 
discussions regarding how we could address this issue.
  There is a growing number of people saying that finally this Congress 
may be the time to achieve this long-awaited reform. Chairman Rahall, a 
champion of reform in the House of Representatives, has again 
introduced mining reform legislation. The bill that I introduce today 
differs in many significant ways from the House legislation, and builds 
on discussions in the Senate last Congress. My bill, like other reform 
proposals, reflects a view that the law needs to be amended to ensure 
that the public gets a fair return for its resources, that 
environmental and land use requirements are modernized, and that 
certainty is provided to the mining industry.

  I note that my bill includes a range for both the royalty rate and 
the reclamation fee which will be set by the Secretary through a 
rulemaking process. This ensures that the Secretary will have the 
benefit of comments and information from interested parties and the 
public in setting the royalty and fee. We must look comprehensively at 
the subject of royalties and fees to ensure that we continue to 
maintain a healthy domestic hardrock mining industry with the benefits 
that the nation derives from that industry, including jobs and 
strategic minerals. At the same time, we want to ensure that the public 
gets the fair return on these resources that the American people 
deserve. I hope to receive additional input on this issue of royalties 
and fees during consideration of the bill.
  Another part of this legislation warrants special attention--that is 
the provisions relating to abandoned hardrock mine reclamation. While 
estimates vary, a recent survey of States indicated that there are as 
many as 500,000 abandoned hardrock mine sites nationwide with most of 
these in the West. These abandoned mines pose serious public health and 
safety risks. They also degrade our environment and pose special 
threats to our most precious resource: water.
  As we discuss the size and shape of legislation to reform the 1872 
law, there appears to be substantial support for enacting a robust 
hardrock abandoned mine land program. My legislation would enact a 
reclamation fee to fund this effort. In 1977, Congress enacted a coal 
AML program as part of the Surface Mining Control and Reclamation Act 
to address the serious problem of abandoned coal mines. This program 
was funded by a fee levied on coal production. We are overdue to enact 
a similar program to deal with abandoned hardrock mines.
  Mr. President, the bill I introduce today reforms the Mining Law of 
1872 in important ways. The key provisions of this bill are outlined.
  The bill eliminates patenting of Federal lands, but grandfathers 
patent applications filed and meeting all requirements by September 30, 
1994.
  The bill makes modest increases in the annual claim maintenance fee, 
from $125 to $150, and claim location fee, from $30 to $50. The 
legislation requires the mine operator to pay a fee in exchange for the 
use of Federal land that is included within the mine permit area. The 
bill provides that fees collected are to be used for the administration 
of hardrock mining on Federal lands. Any excess funds are deposited 
into the Hardrock Minerals Reclamation Fund.
  The bill provides that the production of all locatable minerals is 
subject to a royalty to be determined by the Secretary by regulation of 
not less than 2 percent and not more than 5 percent of the value of 
production, not including reasonable transportation, beneficiation, and 
processing costs. The royalty may vary based on the particular mineral 
concerned. No royalty will be collected from lands under permit that 
are producing in commercial quantities on the date of enactment. 
Royalty revenues will be deposited into the Hardrock Minerals 
Reclamation Fund.
  The bill includes a provision for royalty reductions for all or part 
of a mining operation where the person conducting the mineral 
activities shows by clear and convincing evidence that without the 
reduction, production would not occur.
  The bill states that permits are required for all mineral activities 
on Federal land except for ``casual use'' that ordinarily results in no 
or negligible disturbance. Mining permits are for a term of 30 years 
and so long thereafter as production occurs in commercial quantities. 
The operator must provide evidence of approved financial assurances 
sufficient to ensure completion of reclamation if performed by the 
Secretary concerned.
  Financial assurances attributable to the cost of water treatment will 
not be released until the discharge has ceased for at least 5 years or 
the operator has met all applicable water quality standards for at 
least 5 years. The operator may be required to establish a trust fund 
or other long-term funding mechanism to provide financial assurances 
for long-term treatment of water or other long-term post-mining 
maintenance or monitoring requirements.
  The Secretary of Agriculture must take any action necessary to 
prevent unnecessary or undue degradation in administering mineral 
activities on National Forest System land. The bill directs the 
Secretaries of the Interior and Agriculture to jointly issue 
regulations.
  The bill requires within 3 years a review of certain lands to 
determine whether they will be available for future mining claim 
location. The Governor of a state, Chairman of an Indian tribe, or 
appropriate local official may petition the Secretary to undertake a 
review of an area.
  The bill establishes a program for the reclamation of abandoned 
hardrock mines in 14 western states. Creates a Hardrock Minerals 
Reclamation Fund comprised of hardrock royalties, fees, and donations. 
Each operator of a hardrock mining operation on Federal, state, tribal 
or private land, must pay a reclamation fee established by the 
Secretary of not less than 0.3 percent, and not more than 1.0 percent, 
of the value of the production of the hardrock minerals for deposit 
into the Fund. The bill provides grant programs for all states for 
hardrock reclamation projects and for public entities and nonprofit 
organizations for collaborative restoration projects to improve fish 
and wildlife habitat affected by past hardrock mining.
  Reform of the Mining Law of 1872 is a matter that has come before the 
Congress repeatedly and that we simply must address. I ask that my 
colleagues

[[Page S4333]]

join me in cosponsoring this important legislation.
  Mr. President, I ask unanimous consent that a bill summary be printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

            The Hardrock Mining and Reclamation Act of 2009

       Eliminates Patenting--Eliminates the practice of patenting 
     Federal land (i.e., transferring title) while grandfathering 
     patent applications filed and meeting all requirements by 
     September 30, 1994.
       Claim Maintenance and Location Fees--Increases the current 
     annual claim maintenance fee to $150 (up from $125 under 
     current law) which is paid in lieu of annual assessment work, 
     with an exception for claim holders with 10 or fewer claims. 
     Increases the current claim location fee to $50 per claim (up 
     from $30 under current law). Provides that fees collected are 
     to be used for the administration of hardrock mining on 
     Federal lands. Any excess is deposited into the Hardrock 
     Minerals Reclamation Fund. Provides for adjustment of the 
     fees to reflect changes in the Consumer Price Index.
       Royalties--Production of all locatable minerals is subject 
     to a royalty to be determined by the Secretary by regulation 
     of not less than 2 percent and not more than 5 percent of the 
     value of production, not including reasonable transportation, 
     beneficiation, and processing costs. The royalty may vary 
     based on the particular mineral concerned. No royalty will be 
     collected from existing mines that are producing in 
     commercial quantities on the date of enactment. Royalty 
     revenues will be deposited into the Hardrock Minerals 
     Reclamation Fund. Provides for royalty reductions for all or 
     part of a mining operation where the person conducting the 
     mineral activities shows by clear and convincing evidence 
     that without the reduction, production would not occur. 
     Provides for enforcement for royalty and certain fee 
     collections. Provides for a look-back report on the impacts 
     of royalties and fees.
       Permits--Permits are required for all mineral activities on 
     Federal land except for ``casual use'' that ordinarily 
     results in no or negligible disturbance. Mining permits are 
     for a term of 30 years and so long thereafter as production 
     occurs in commercial quantities.
       Land Use Fees--With respect to new mines, requires the 
     operator to pay a land use fee as determined by the Secretary 
     by regulation equal to 4 times the claim maintenance fee 
     imposed for each 20 acres of Federal land that is included 
     within the mine permit area. Upon approval of the mining 
     permit and payment of the fee, the operator may use and 
     occupy the Federal land within the permit area, consistent 
     with the mining permit and all applicable law.
       Financial Assurances--The operator must provide evidence of 
     approved financial assurances sufficient to ensure completion 
     of reclamation if performed by the Secretary concerned.
       Water Reclamation--Financial assurances attributable to the 
     cost of water treatment will not be released until the 
     discharge has ceased for at least 5 years or the operator has 
     met all applicable water quality standards for at least 5 
     years. The operator may be required to establish a trust fund 
     or other long-term funding mechanism to provide financial 
     assurances for long-term treatment of water or other long-
     term post-mining maintenance or monitoring requirements.
       Operation and Reclamation--Creates a uniform standard for 
     operation and reclamation on both BLM and Forest Service 
     lands by applying the ``unnecessary or undue degradation'' 
     standard currently applicable to BLM land to National Forest 
     System land. Directs the Secretaries of the Interior and 
     Agriculture to jointly issue regulations.
       Land Open to Location--Amends the Federal Land Policy and 
     Management Act to require within 3 years that local Federal 
     land managers review specified categories of lands for 
     withdrawal from operation of the Mining Law, subject to valid 
     existing rights. The categories to be reviewed are: 
     designated wilderness study areas and National Forest System 
     land identified as suitable for wilderness designation; areas 
     of critical environmental concern; Federal land in which 
     mineral activities pose a reasonable likelihood of 
     substantial adverse impacts on National Conservation System 
     units as defined in the bill; certain areas with potential 
     for inclusion in the Wild and Scenic Rivers System as 
     specified; and areas identified in the set of inventoried 
     roadless area maps contained in the Forest Service Roadless 
     Areas Conservation, Final Environmental Impact Statement, 
     Volume 2, dated November 2000). Based on the review and 
     recommendation of the local Federal land manager, areas can 
     be removed from operation of the Mining Law, subject to valid 
     existing rights. The Governor of a state, head of an Indian 
     tribe, or appropriate local official may petition the 
     Secretary to direct the local Federal land manager to 
     undertake a review of an area to determine whether land 
     should be withdrawn, subject to valid existing rights.
       Inspection and Monitoring--Requires the Secretary concerned 
     to conduct inspections at least once each quarter. All 
     operators must develop and maintain a monitoring and 
     evaluation system.
       Hardrock Minerals Reclamation Fund--Provides for the 
     payment of royalties, fees, and donations into a Hardrock 
     Minerals Reclamation Fund to be administered by the Secretary 
     of the Interior through the Office of Surface Mining 
     Reclamation and Enforcement.
       Use of the Fund--The Secretary may use amounts in the Fund 
     without further appropriation for the reclamation of land and 
     water (Federal, State, tribal and private) affected by past 
     hardrock mining and related activities in 14 western states 
     when there is no continuing reclamation responsibility of the 
     claim holder or operator, and for hardrock reclamation grant 
     programs nationwide as specified in the bill.
       Allocation of the Fund--Provides for allocation of the 
     Fund: to states and tribes based on current hardrock 
     production and on the quantity of hardrock minerals 
     historically produced; to agencies for expenditure on Federal 
     land; for grants to states other than the 14 designated 
     western states for reclamation of abandoned hardrock mine 
     sites; for grants to public entities and nonprofit 
     organizations for collaborative restoration projects to 
     improve fish and wildlife habitat affected by past hardrock 
     mining; and for program administration.
       Abandoned Mine Land Fee--Each operator of a hardrock 
     mineral mining operation on Federal, state, tribal or private 
     land, shall pay to the Secretary a reclamation fee 
     established by the Secretary by regulation of not less than 
     0.3 percent, and not more than 1.0 percent, of the value of 
     the production of the hardrock minerals mining operation for 
     each calendar year for deposit into the Fund.
       Transition--If a plan of operations is approved or a notice 
     of operations is filed for mineral activities before the date 
     of enactment, mineral activities will be subject to the 
     approved plan of operations or the notice for 10 years after 
     the date of enactment. All fees apply starting on the date of 
     enactment of this Act, except that the land use fee applies 
     only to mining permits or modifications after the date of 
     enactment. No royalty is required on production from Federal 
     land that is subject to an operations permit on the date of 
     enactment of this Act and that produces valuable locatable 
     minerals in commercial quantities on the date of enactment.
       Enforcement--Provides for enforcement, including civil 
     penalty authority for the Secretary.
       Uncommon Varieties--Subject to valid existing rights, makes 
     minerals classified as ``common varieties with distinct and 
     special value'' subject to disposal under the Materials Act 
     of 1947.
       Review of Uranium Development on Federal Land--Provides for 
     a National Academy of Sciences review of legal and related 
     requirements applicable to the development of uranium on 
     Federal lands.
                                 ______
                                 
      By Mr. DORGAN (for himself, Mr. Barrasso, Mr. Baucus, Mr. 
        Bingaman, Mr. Lieberman, Mr. Kyl, Mr. Wyden, Mr. Johnson, Ms. 
        Cantwell, Ms. Murkowski, Mr. Thune, Mr. Tester, Mr. Begich, and 
        Mr. Udall of New Mexico):
  S. 797. A bill to amend the Indian Law Enforcement Reform Act, the 
Indian Tribal Justice Act, the Indian Tribal Justice Technical and 
Legal Assistance Act of 2000, and the Omnibus Crime Control and Safe 
Streets Act of 1968 to improve the prosecution of, and response to, 
crimes in Indian country, and for other purposes; to the Committee on 
Indian Affairs.
  Mr. DORGAN. Mr. President, I rise today to introduce the Tribal Law 
and Order Act of 2009.
  Last Congress, as Chairman of the Committee on Indian Affairs, I 
chaired eight hearings on the criminal justice system as it relates to 
American Indian and Alaska Native communities. Those hearings confirmed 
that a longstanding and life threatening public safety crisis exists on 
many of our Nation's American Indian reservations.
  One of the primary causes for violent crime in Indian Country is the 
broken system of justice. The current system limits local tribal 
government authority to combat crime in their own communities, and 
requires reservation residents to rely on Federal officials to 
investigate and prosecute violent crimes in district courts that are 
often hundreds of miles away from the reservation.
  The United States created this system. In so doing, our Government 
accepted the responsibility to police Indian lands, and incurred a 
legal obligation to provide for the public safety of tribal 
communities.
  Unfortunately, we are not meeting that obligation.
  The following is a partial listing of Indian Country criminal justice 
statistics. These statistics represent more than numbers. They 
represent the dark reality faced by hundreds of tribal communities on a 
daily basis.
  The violent crime rate in Indian country is nearly twice the national 
average, and more than 20 times the national average on some 
reservations.

[[Page S4334]]

  Thirty-four percent of Native women will be raped in their lifetimes; 
and 39 percent will be subject to domestic violence.
  Fewer than 3,000 tribal and Federal law enforcement officers patrol 
more than 56,000,000 acres of Indian lands--less than \1/2\ of the law 
enforcement presence in comparable communities nationwide.
  The lack of police presence has resulted in significant delays in 
responding to victims' calls for assistance, which in turn adversely 
affects the collection of evidence needed to prosecute domestic 
violence and sexual assaults.
  In addition, Federal officials have seized business documents from 
organized crime operations citing the lack of police presence and 
jurisdictional confusion as reasons for targeting Indian reservations 
for the manufacture and distribution of drugs.
  An Interior Department report found that 90 percent of existing 
Bureau of Indian Affairs and tribal detention facilities must be 
replaced. The lack of jail bed space has forced tribal courts to 
release a number of offenders.
  Tribal communities rely solely on the U.S. to investigate and 
prosecute felony-level crimes occurring on the reservation. However, 
between 2004 and 2007, Federal prosecutors declined 62 percent of 
Indian country criminal cases, including 72 percent of child and adult 
sex crimes.
  To address this crisis, I am introducing the Tribal Law and Order Act 
of 2009 with the support of my colleagues Committee Vice Chairman 
Barrasso, and Senators Baucus, Bingaman, Begich, Cantwell, Johnson, 
Kyl, Lieberman, Murkowski, Tester, Thune, Udall, and Wyden.
  This bill will take initial steps to mend this broken system by 
arming tribal justice officials with the needed tools to protect their 
communities. Importantly, the bill would enable tribal courts to 
sentence offenders up to 3 years in prison for violations of tribal 
law, an increase from the current limit of 1 year. It also arms tribal 
police with better access to national criminal databases, and improves 
their ability to makes arrests for reservation crimes.
  In addition, the bill would provide for greater accountability on the 
part of Federal officials responsible for investigating and prosecuting 
reservation crimes. To increase coordination of prosecutions, the bill 
would require U.S. Attorneys to file declination reports and maintain 
data when refusing to pursue a case. Maintaining consistent data on 
declinations will enable Congress to direct funding where the 
additional resources are needed. It would also require greater 
consultation and coordination between federal law enforcement 
officials, tribal leaders, and community members.
  To address the epidemic of domestic violence, the bill would require 
Federal health and law enforcement officials to establish consistent 
sexual assault protocols. It would require officials to testify to aid 
tribal court prosecutions. The bill would also require Federal 
officials to receive specialized training to properly interview victims 
of domestic and sexual violence, and improve evidence collection and 
preservation, which will help improve the prosecution of domestic 
violence and sexual assaults in Federal and tribal courts.
  Improving the system will ensure that Federal dollars appropriated to 
fight reservation crime will be used in a more efficient manner. To 
that end, the bill also reauthorizes and amends several Federal 
programs designed to supplement tribal justice systems to enable them 
to better combat crime locally. These programs would provide funding 
for tribal courts, tribal police, Indian youth programs, and tribal 
jails construction.
  This bill was developed in consultation with tribal, Federal and 
State law enforcement officials, judges, prosecutors, public defenders, 
victims, victims' advocates and many others.
  I want to again thank the co-sponsors for their support. Many of the 
co-sponsors sit on the Indian Affairs Committee with me, and have 
repeatedly heard from Federal and tribal officials about this 
longstanding problem. The residents of Indian Country deserve our 
timely consideration of this bill. I urge my colleagues to join me in 
supporting the passage of this 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. 797

       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 ``Tribal Law 
     and Order Act of 2009''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.

            TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION

Sec. 101. Office of Justice Services responsibilities.
Sec. 102. Declination reports.
Sec. 103. Prosecution of crimes in Indian country.
Sec. 104. Administration.

            TITLE II--STATE ACCOUNTABILITY AND COORDINATION

Sec. 201. State criminal jurisdiction and resources.
Sec. 202. Incentives for State, tribal, and local law enforcement 
              cooperation.

   TITLE III--EMPOWERING TRIBAL LAW ENFORCEMENT AGENCIES AND TRIBAL 
                              GOVERNMENTS

Sec. 301. Tribal police officers.
Sec. 302. Drug enforcement in Indian country.
Sec. 303. Access to national criminal information databases.
Sec. 304. Tribal court sentencing authority.
Sec. 305. Indian Law and Order Commission.

                    TITLE IV--TRIBAL JUSTICE SYSTEMS

Sec. 401. Indian alcohol and substance abuse.
Sec. 402. Indian tribal justice; technical and legal assistance.
Sec. 403. Tribal resources grant program.
Sec. 404. Tribal jails program.
Sec. 405. Tribal probation office liaison program.
Sec. 406. Tribal youth program.

 TITLE V--INDIAN COUNTRY CRIME DATA COLLECTION AND INFORMATION SHARING

Sec. 501. Tracking of crimes committed in Indian country.
Sec. 502. Grants to improve tribal data collection systems.
Sec. 503. Criminal history record improvement program.

    TITLE VI--DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROSECUTION AND 
                               PREVENTION

Sec. 601. Prisoner release and reentry.
Sec. 602. Domestic and sexual violent offense training.
Sec. 603. Testimony by Federal employees in cases of rape and sexual 
              assault.
Sec. 604. Coordination of Federal agencies.
Sec. 605. Sexual assault protocol.

     SEC. 2. FINDINGS; PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the United States has distinct legal, treaty, and trust 
     obligations to provide for the public safety of tribal 
     communities;
       (2) several States have been delegated or have accepted 
     responsibility to provide for the public safety of tribal 
     communities within the borders of the States;
       (3) Congress and the President have acknowledged that--
       (A) tribal law enforcement officers are often the first 
     responders to crimes on Indian reservations; and
       (B) tribal justice systems are ultimately the most 
     appropriate institutions for maintaining law and order in 
     tribal communities;
       (4) less than 3,000 tribal and Federal law enforcement 
     officers patrol more than 56,000,000 acres of Indian country, 
     which reflects less than \1/2\ of the law enforcement 
     presence in comparable rural communities nationwide;
       (5) on many Indian reservations, law enforcement officers 
     respond to distress or emergency calls without backup and 
     travel to remote locations without adequate radio 
     communication or access to national crime information 
     database systems;
       (6) the majority of tribal detention facilities were 
     constructed decades before the date of enactment of this Act 
     and must be or will soon need to be replaced, creating a 
     multibillion-dollar backlog in facility needs;
       (7) a number of Indian country offenders face no 
     consequences for minor crimes, and many such offenders are 
     released due to severe overcrowding in existing detention 
     facilities;
       (8) tribal courts--
       (A) are the primary arbiters of criminal and civil justice 
     for actions arising in Indian country; but
       (B) have been historically underfunded;
       (9) tribal courts have no criminal jurisdiction over non-
     Indian persons, and the sentencing authority of tribal courts 
     is limited to sentences of not more than 1 year of 
     imprisonment for Indian offenders, forcing tribal communities 
     to rely solely on the Federal Government and certain State 
     governments for the prosecution of--
       (A) misdemeanors committed by non-Indian persons; and
       (B) all felony crimes in Indian country;
       (10) a significant percentage of cases referred to Federal 
     agencies for prosecution of

[[Page S4335]]

     crimes allegedly occurring in tribal communities are declined 
     to be prosecuted;
       (11) the complicated jurisdictional scheme that exists in 
     Indian country--
       (A) has a significant negative impact on the ability to 
     provide public safety to Indian communities; and
       (B) has been increasingly exploited by criminals;
       (12) the violent crime rate in Indian country is--
       (A) nearly twice the national average; and
       (B) more than 20 times the national average on some Indian 
     reservations;
       (13)(A) domestic and sexual violence against Indian and 
     Alaska Native women has reached epidemic proportions;
       (B) 34 percent of Indian and Alaska Native women will be 
     raped in their lifetimes; and
       (C) 39 percent of Indian and Alaska Native women will be 
     subject to domestic violence;
       (14) the lack of police presence and resources in Indian 
     country has resulted in significant delays in responding to 
     victims' calls for assistance, which adversely affects the 
     collection of evidence needed to prosecute crimes, 
     particularly crimes of domestic and sexual violence;
       (15) alcohol and drug abuse plays a role in more than 80 
     percent of crimes committed in tribal communities;
       (16) the rate of methamphetamine addiction in tribal 
     communities is 3 times the national average;
       (17) the Department of Justice has reported that drug 
     organizations have increasingly targeted Indian country to 
     produce and distribute methamphetamine, citing the limited 
     law enforcement presence and jurisdictional confusion as 
     reasons for the increased activity;
       (18) tribal communities face significant increases in 
     instances of domestic violence, burglary, assault, and child 
     abuse as a direct result of increased methamphetamine use on 
     Indian reservations;
       (19)(A) criminal jurisdiction in Indian country is complex, 
     and responsibility for Indian country law enforcement is 
     shared among Federal, tribal, and State authorities; and
       (B) that complexity requires a high degree of commitment 
     and cooperation from Federal and State officials that can be 
     difficult to establish;
       (20) agreements for cooperation among certified tribal and 
     State law enforcement officers have proven to improve law 
     enforcement in tribal communities;
       (21) consistent communication among tribal, Federal, and 
     State law enforcement agencies has proven to increase public 
     safety and justice in tribal and nearby communities; and
       (22) crime data is a fundamental tool of law enforcement, 
     but for decades the Bureau of Indian Affairs and the 
     Department of Justice have not been able to coordinate or 
     consistently report crime and prosecution rates in tribal 
     communities.
       (b) Purposes.--The purposes of this Act are--
       (1) to clarify the responsibilities of Federal, State, 
     tribal, and local governments with respect to crimes 
     committed in tribal communities;
       (2) to increase coordination and communication among 
     Federal, State, tribal, and local law enforcement agencies;
       (3) to empower tribal governments with the authority, 
     resources, and information necessary to safely and 
     effectively provide for the safety of the public in tribal 
     communities;
       (4) to reduce the prevalence of violent crime in tribal 
     communities and to combat violence against Indian and Alaska 
     Native women;
       (5) to address and prevent drug trafficking and reduce 
     rates of alcohol and drug addiction in Indian country; and
       (6) to increase and standardize the collection of criminal 
     data and the sharing of criminal history information among 
     Federal, State, and tribal officials responsible for 
     responding to and investigating crimes in tribal communities.

     SEC. 3. DEFINITIONS.

       (a) In General.--In this Act:
       (1) Indian country.--The term ``Indian country'' has the 
     meaning given the term in section 1151 of title 18, United 
     States Code.
       (2) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 102 of the Federally 
     Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Tribal government.--The term ``tribal government'' 
     means the governing body of an Indian tribe.
       (b) Indian Law Enforcement Reform Act.--Section 2 of the 
     Indian Law Enforcement Reform Act (25 U.S.C. 2801) is amended 
     by adding at the end the following:
       ``(10) Tribal justice official.--The term `tribal justice 
     official' means--
       ``(A) a tribal prosecutor;
       ``(B) a tribal law enforcement officer; or
       ``(C) any other person responsible for investigating or 
     prosecuting an alleged criminal offense in tribal court.''.

            TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION

     SEC. 101. OFFICE OF JUSTICE SERVICES RESPONSIBILITIES.

       (a) Definitions.--Section 2 of the Indian Law Enforcement 
     Reform Act (25 U.S.C. 2801) is amended--
       (1) by striking paragraph (8);
       (2) by redesignating paragraphs (1) through (7) as 
     paragraphs (2) through (8), respectively;
       (3) by redesignating paragraph (9) as paragraph (1) and 
     moving the paragraphs so as to appear in numerical order; and
       (4) in paragraph (1) (as redesignated by paragraph (3)), by 
     striking ``Division of Law Enforcement Services'' and 
     inserting ``Office of Justice Services''.
       (b) Additional Responsibilities of Office.--Section 3 of 
     the Indian Law Enforcement Reform Act (25 U.S.C. 2802) is 
     amended--
       (1) in subsection (b), by striking ``(b) There is hereby 
     established within the Bureau a Division of Law Enforcement 
     Services which'' and inserting the following:
       ``(b) Office of Justice Services.--There is established in 
     the Bureau an office, to be known as the `Office of Justice 
     Services', that'';
       (2) in subsection (c)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Division of Law Enforcement Services'' and inserting 
     ``Office of Justice Services'';
       (B) in paragraph (2), by inserting ``and, with the consent 
     of the Indian tribe, tribal criminal laws, including 
     testifying in tribal court'' before the semicolon at the end;
       (C) in paragraph (8), by striking ``and'' at the end;
       (D) in paragraph (9), by striking the period at the end and 
     inserting a semicolon; and
       (E) by adding at the end the following:
       ``(10) the development and provision of dispatch and 
     emergency and E-911 services;
       ``(11) communicating with tribal leaders, tribal community 
     and victims' advocates, tribal justice officials, and 
     residents of Indian land on a regular basis regarding public 
     safety and justice concerns facing tribal communities;
       ``(12) conducting meaningful and timely consultation with 
     tribal leaders and tribal justice officials in the 
     development of regulatory policies and other actions that 
     affect public safety and justice in Indian country;
       ``(13) providing technical assistance and training to 
     tribal law enforcement officials to gain access and input 
     authority to utilize the National Criminal Information Center 
     and other national crime information databases pursuant to 
     section 534 of title 28, United States Code;
       ``(14) in coordination with the Attorney General pursuant 
     to subsection (g) of section 302 of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3732), collecting, 
     analyzing, and reporting data regarding Indian country crimes 
     on an annual basis;
       ``(15) submitting to the Committee on Indian Affairs of the 
     Senate and the Committee on Natural Resources of the House of 
     Representatives, for each fiscal year, a detailed spending 
     report regarding tribal public safety and justice programs 
     that includes--
       ``(A)(i) the number of full-time employees of the Bureau 
     and tribal government who serve as--
       ``(I) criminal investigators;
       ``(II) uniform police;
       ``(III) police and emergency dispatchers;
       ``(IV) detention officers;
       ``(V) executive personnel, including special agents in 
     charge, and directors and deputies of various offices in the 
     Office of Justice Services; or
       ``(VI) tribal court judges, prosecutors, public defenders, 
     or related staff; and
       ``(ii) the amount of appropriations obligated for each 
     category described in clause (i) for each fiscal year;
       ``(B) a list of amounts dedicated to law enforcement and 
     corrections, vehicles, related transportation costs, 
     equipment, inmate transportation costs, inmate transfer 
     costs, replacement, improvement, and repair of facilities, 
     personnel transfers, detailees and costs related to their 
     details, emergency events, public safety and justice 
     communications and technology costs, and tribal court 
     personnel, facilities, and related program costs;
       ``(C) a list of the unmet staffing needs of law 
     enforcement, corrections, and court personnel at tribal and 
     Bureau of Indian Affairs justice agencies, the replacement 
     and repair needs of tribal and Bureau corrections facilities, 
     needs for tribal police and court facilities, and public 
     safety and emergency communications and technology needs; and
       ``(D) the formula, priority list or other methodology used 
     to determine the method of disbursement of funds for the 
     public safety and justice programs administered by the Office 
     of Justice Services;
       ``(16) submitting to the Committee on Indian Affairs of the 
     Senate and the Committee on Natural Resources of the House of 
     Representatives, for each fiscal year, a report summarizing 
     the technical assistance, training, and other support 
     provided to tribal law enforcement and corrections agencies 
     that operate relevant programs pursuant to self-determination 
     contracts or self-governance compacts with the Bureau of 
     Indian Affairs; and
       ``(17) promulgating regulations to carry out this Act, and 
     routinely reviewing and updating, as necessary, the 
     regulations contained in subchapter B of title 25, Code of 
     Federal Regulations (or successor regulations).'';
       (3) in subsection (d)--
       (A) in paragraph (1), by striking ``Division of Law 
     Enforcement Services'' and inserting ``Office of Justice 
     Services'';
       (B) in paragraph (3)--

[[Page S4336]]

       (i) by striking ``regulations which shall establish'' and 
     inserting ``regulations, which shall--
       ``(A) establish'';
       (ii) by striking ``reservation.'' and inserting 
     ``reservation; but''; and
       (iii) by adding at the end the following:
       ``(B) support the enforcement of tribal laws and 
     investigation of offenses against tribal criminal laws.''; 
     and
       (C) in paragraph (4)(i), in the first sentence, by striking 
     ``Division'' and inserting ``Office of Justice Services'';
       (4) in subsection (e), by striking ``Division of Law 
     Enforcement Services'' each place it appears and inserting 
     ``Office of Justice Services''; and
       (5) by adding at the end the following:
       ``(f) Long-Term Plan for Tribal Detention Programs.--Not 
     later than 1 year after the date of enactment of this 
     subsection, the Secretary, acting through the Bureau, in 
     coordination with the Department of Justice and in 
     consultation with tribal leaders, tribal law enforcement 
     officers, and tribal corrections officials, shall submit to 
     Congress a long-term plan to address incarceration in Indian 
     country, including a description of--
       ``(1) proposed activities for the construction of detention 
     facilities (including regional facilities) on Indian land;
       ``(2) proposed activities for the construction of 
     additional Federal detention facilities on Indian land;
       ``(3) proposed activities for contracting with State and 
     local detention centers, upon approval of affected tribal 
     governments;
       ``(4) proposed activities for alternatives to 
     incarceration, developed in cooperation with tribal court 
     systems; and
       ``(5) other such alternatives to incarceration as the 
     Secretary, in coordination with the Bureau and in 
     consultation with tribal representatives, determines to be 
     necessary.
       ``(g) Law Enforcement Personnel of Bureau and Indian 
     Tribes.--
       ``(1) Report.--Not later than 60 days after the date of 
     enactment of this subsection, the Secretary shall submit to 
     the Committee on Indian Affairs of the Senate and the 
     Committee on Natural Resources of the House of 
     Representatives a report regarding vacancies in law 
     enforcement personnel of Bureau and Indian tribes.
       ``(2) Long-term plan.--Not later than 1 year after the date 
     of enactment of this subsection, the Secretary shall submit 
     to the Committee on Indian Affairs of the Senate and the 
     Committee on Natural Resources of the House of 
     Representatives a long-term plan to address law enforcement 
     personnel needs in Indian country.''.
       (c) Law Enforcement Authority.--Section 4 of the Indian Law 
     Enforcement Reform Act (25 U.S.C. 2803) is amended--
       (1) in paragraph (2)(A), by striking ``), or'' and 
     inserting ``or offenses committed on Federal property 
     processed by the Central Violations Bureau); or''; and
       (2) in paragraph (3), by striking subparagraphs (A) through 
     (C) and inserting the following:
       ``(A) the offense is committed in the presence of the 
     employee; or
       ``(B) the offense is a Federal crime and the employee has 
     reasonable grounds to believe that the person to be arrested 
     has committed, or is committing, the crime;''.

     SEC. 102. DECLINATION REPORTS.

       Section 10 of the Indian Law Enforcement Reform Act (25 
     U.S.C. 2809) is amended by striking subsections (a) through 
     (d) and inserting the following:
       ``(a) Reports.--
       ``(1) Law enforcement officials.--Subject to subsection 
     (d), if a law enforcement officer or employee of any Federal 
     department or agency declines to initiate an investigation of 
     an alleged violation of Federal law in Indian country, or 
     terminates such an investigation without referral for 
     prosecution, the officer or employee shall--
       ``(A) submit to the appropriate tribal justice officials 
     evidence, including related reports, relevant to the case 
     that would advance prosecution of the case in a tribal court; 
     and
       ``(B) submit to the Office of Indian Country Crime relevant 
     information regarding all declinations of alleged violations 
     of Federal law in Indian country, including--
       ``(i) the type of crime alleged;
       ``(ii) the status of the accused as an Indian or non-
     Indian;
       ``(iii) the status of the victim as an Indian; and
       ``(iv) the reason for declining to initiate, open, or 
     terminate the investigation.
       ``(2) United states attorneys.--Subject to subsection (d), 
     if a United States Attorney declines to prosecute, or acts to 
     terminate prosecution of, an alleged violation of Federal law 
     in Indian country, the United States Attorney shall--
       ``(A) submit to the appropriate tribal justice official, 
     sufficiently in advance of the tribal statute of limitations, 
     evidence relevant to the case to permit the tribal prosecutor 
     to pursue the case in tribal court; and
       ``(B) submit to the Office of Indian Country Crime and the 
     appropriate tribal justice official relevant information 
     regarding all declinations of alleged violations of Federal 
     law in Indian country, including--
       ``(i) the type of crime alleged;
       ``(ii) the status of the accused as an Indian or non-
     Indian;
       ``(iii) the status of the victim as an Indian; and
       ``(iv) the reason for the determination to decline or 
     terminate the prosecution.
       ``(b) Maintenance of Records.--
       ``(1) In general.--The Director of the Office of Indian 
     Country Crime shall establish and maintain a compilation of 
     information received under paragraph (1) or (2) of subsection 
     (a) relating to declinations.
       ``(2) Availability to congress.--Each compilation under 
     paragraph (1) shall be made available to Congress on an 
     annual basis.
       ``(c) Inclusion of Case Files.--A report submitted to the 
     appropriate tribal justice officials under paragraph (1) or 
     (2) of subsection (a) may include the case file, including 
     evidence collected and statements taken that could support an 
     investigation or prosecution by the appropriate tribal 
     justice officials.
       ``(d) Effect of Section.--
       ``(1) In general.--Nothing in this section requires any 
     Federal agency or official to transfer or disclose any 
     confidential or privileged communication, information, or 
     source to an official of any Indian tribe.
       ``(2) Federal rules of criminal procedure.--Rule 6 of the 
     Federal Rules of Criminal Procedure shall apply to this 
     section.
       ``(3) Regulations.--Each Federal agency required to submit 
     a report pursuant to this section shall adopt, by regulation, 
     standards for the protection of confidential or privileged 
     communications, information, and sources under paragraph 
     (1).''.

     SEC. 103. PROSECUTION OF CRIMES IN INDIAN COUNTRY.

       (a) Appointment of Special Prosecutors.--Section 543 of 
     title 28, United States Code, is amended--
       (1) in subsection (a), by inserting before the period at 
     the end the following: ``, including the appointment of 
     qualified tribal prosecutors and other qualified attorneys to 
     assist in prosecuting Federal offenses committed in Indian 
     country''; and
       (2) by adding at the end the following:
       ``(c) Sense of Congress Regarding Consultation.--It is the 
     sense of Congress that, in appointing attorneys under this 
     section to serve as special prosecutors in Indian country, 
     the Attorney General should consult with tribal justice 
     officials of each Indian tribe that would be affected by the 
     appointment.''.
       (b) Tribal Liaisons.--The Indian Law Enforcement Reform Act 
     (25 U.S.C. 2801 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 11. ASSISTANT UNITED STATES ATTORNEY TRIBAL LIAISONS.

       ``(a) Appointment.--Each United States Attorney the 
     district of which includes Indian country shall appoint not 
     less than 1 assistant United States Attorney to serve as a 
     tribal liaison for the district.
       ``(b) Duties.--A tribal liaison shall be responsible for 
     the following activities in the district of the tribal 
     liaison:
       ``(1) Coordinating the prosecution of Federal crimes that 
     occur in Indian country.
       ``(2) Developing multidisciplinary teams to combat child 
     abuse and domestic and sexual violence offenses against 
     Indians.
       ``(3) Consulting and coordinating with tribal justice 
     officials and victims' advocates to address any backlog in 
     the prosecution of major crimes in Indian country in the 
     district.
       ``(4) Developing working relationships and maintaining 
     communication with tribal leaders, tribal community and 
     victims' advocates, and tribal justice officials to gather 
     information from, and share appropriate information with, 
     tribal justice officials.
       ``(5) Coordinating with tribal prosecutors in cases in 
     which a tribal government has concurrent jurisdiction over an 
     alleged crime, in advance of the expiration of any applicable 
     statute of limitation.
       ``(6) Providing technical assistance and training regarding 
     evidence gathering techniques to tribal justice officials and 
     other individuals and entities that are instrumental to 
     responding to Indian country crimes.
       ``(7) Conducting training sessions and seminars to certify 
     special law enforcement commissions to tribal justice 
     officials and other individuals and entities responsible for 
     responding to Indian country crimes.
       ``(8) Coordinating with the Office of Indian Country Crime, 
     as necessary.
       ``(9) Conducting such other activities to address and 
     prevent violent crime in Indian country as the applicable 
     United States Attorney determines to be appropriate.
       ``(c) Sense of Congress Regarding Evaluations of Tribal 
     Liaisons.--
       ``(1) Findings.--Congress finds that--
       ``(A) many tribal communities rely solely on United States 
     Attorneys offices to prosecute felony and misdemeanor crimes 
     occurring on Indian land; and
       ``(B) tribal liaisons have dual obligations of--
       ``(i) coordinating prosecutions of Indian country crime; 
     and
       ``(ii) developing relationships with tribal communities and 
     serving as a link between tribal communities and the Federal 
     justice process.
       ``(2) Sense of congress.--It is the sense of Congress that 
     the Attorney General should--
       ``(A) take all appropriate actions to encourage the 
     aggressive prosecution of all crimes committed in Indian 
     country; and
       ``(B) when appropriate, take into consideration the dual 
     responsibilities of tribal liaisons described in paragraph 
     (1)(B) in evaluating the performance of the tribal liaisons.
       ``(d) Enhanced Prosecution of Minor Crimes.--
       ``(1) In general.--Each United States Attorney serving a 
     district that includes Indian country is authorized and 
     encouraged--

[[Page S4337]]

       ``(A) to appoint Special Assistant United States Attorneys 
     pursuant to section 543(a) of title 28, United States Code, 
     to prosecute crimes in Indian country as necessary to improve 
     the administration of justice, and particularly when--
       ``(i) the crime rate exceeds the national average crime 
     rate; or
       ``(ii) the rate at which criminal offenses are declined to 
     be prosecuted exceeds the national average declination rate;
       ``(B) to coordinate with applicable United States 
     magistrate and district courts--
       ``(i) to ensure the provision of docket time for 
     prosecutions of Indian country crimes; and
       ``(ii) to hold trials and other proceedings in Indian 
     country, as appropriate;
       ``(C) to provide to appointed Special Assistant United 
     States Attorneys appropriate training, supervision, and staff 
     support; and
       ``(D) if an agreement is entered into with a Federal court 
     pursuant to paragraph (2), to provide technical and other 
     assistance to tribal governments and tribal court systems to 
     ensure the success of the program under this subsection.
       ``(2) Sense of congress regarding consultation.--It is the 
     sense of Congress that, in appointing Special Assistant 
     United States Attorneys under this subsection, a United 
     States Attorney should consult with tribal justice officials 
     of each Indian tribe that would be affected by the 
     appointment.''.

     SEC. 104. ADMINISTRATION.

       (a) Office of Tribal Justice.--
       (1) Definitions.--Section 4 of the Indian Tribal Justice 
     Technical and Legal Assistance Act of 2000 (25 U.S.C. 3653) 
     is amended--
       (A) by redesignating paragraphs (2) through (7) as 
     paragraphs (3) through (8), respectively; and
       (B) by inserting after paragraph (1) the following:
       ``(2) Director.--The term `Director' means the Director of 
     the Office of Tribal Justice.''.
       (2) Status.--Title I of the Indian Tribal Justice Technical 
     and Legal Assistance Act of 2000 is amended--
       (A) by redesignating section 106 (25 U.S.C. 3666) as 
     section 107; and
       (B) by inserting after section 105 (25 U.S.C. 3665) the 
     following:

     ``SEC. 106. OFFICE OF TRIBAL JUSTICE.

       ``(a) In General.--Not later than 90 days after the date of 
     enactment of the Tribal Law and Order Act of 2009, the 
     Attorney General shall modify the status of the Office of 
     Tribal Justice as the Attorney General determines to be 
     necessary to establish the Office of Tribal Justice as a 
     permanent division of the Department.
       ``(b) Personnel and Funding.--The Attorney General shall 
     provide to the Office of Tribal Justice such personnel and 
     funds as are necessary to establish the Office of Tribal 
     Justice as a division of the Department under subsection (a).
       ``(c) Additional Duties.--In addition to the duties of the 
     Office of Tribal Justice in effect on the day before the date 
     of enactment of the Tribal Law and Order Act of 2009, the 
     Office of Tribal Justice shall--
       ``(1) serve as the program and legal policy advisor to the 
     Attorney General with respect to the treaty and trust 
     relationship between the United States and Indian tribes;
       ``(2) serve as the point of contact for federally 
     recognized tribal governments and tribal organizations with 
     respect to questions and comments regarding policies and 
     programs of the Department and issues relating to public 
     safety and justice in Indian country; and
       ``(3) coordinate with other bureaus, agencies, offices, and 
     divisions within the Department of Justice to ensure that 
     each component has an accountable process to ensure 
     meaningful and timely consultation with tribal leaders in the 
     development of regulatory policies and other actions that 
     affect--
       ``(A) the trust responsibility of the United States to 
     Indian tribes;
       ``(B) any tribal treaty provision;
       ``(C) the status of Indian tribes as a sovereign 
     governments; or
       ``(D) any other tribal interest.''.
       (b) Office of Indian Country Crime.--The Indian Law 
     Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as amended 
     by section 103(b)) is amended by adding at the end the 
     following:

     ``SEC. 12. OFFICE OF INDIAN COUNTRY CRIME.

       ``(a) Establishment.--There is established in the criminal 
     division of the Department of Justice an office, to be known 
     as the `Office of Indian Country Crime'.
       ``(b) Duties.--The Office of Indian Country Crime shall--
       ``(1) develop, enforce, and administer the application of 
     Federal criminal laws applicable in Indian country;
       ``(2) coordinate with the United States Attorneys that have 
     authority to prosecute crimes in Indian country;
       ``(3) coordinate prosecutions of crimes of national 
     significance in Indian country, as determined by the Attorney 
     General;
       ``(4) develop and implement criminal enforcement policies 
     for United States Attorneys and investigators of Federal 
     crimes regarding cases arising in Indian country; and
       ``(5) submit to the Committee on Indian Affairs of the 
     Senate and the Committee on Natural Resources of the House of 
     Representatives annual reports describing the prosecution and 
     declination rates of cases involving alleged crimes in Indian 
     country referred to United States Attorneys.
       ``(c) Deputy Assistant Attorney General.--
       ``(1) Appointment.--The Attorney General shall appoint a 
     Deputy Assistant Attorney General for Indian Country Crime.
       ``(2) Duties.--The Deputy Assistant Attorney General for 
     Indian Country Crime shall--
       ``(A) serve as the head of the Office of Indian Country 
     Crime;
       ``(B) serve as a point of contact to United State Attorneys 
     serving districts including Indian country, tribal liaisons, 
     tribal governments, and other Federal, State, and local law 
     enforcement agencies regarding issues affecting the 
     prosecution of crime in Indian country; and
       ``(C) carry out such other duties as the Attorney General 
     may prescribe.''.

            TITLE II--STATE ACCOUNTABILITY AND COORDINATION

     SEC. 201. STATE CRIMINAL JURISDICTION AND RESOURCES.

       (a) Concurrent Authority of United States.--Section 401(a) 
     of Public Law 90-284 (25 U.S.C. 1321(a)) is amended--
       (1) by striking the section designation and heading and all 
     that follows through ``The consent of the United States'' and 
     inserting the following:

     ``SEC. 401. ASSUMPTION BY STATE OF CRIMINAL JURISDICTION.

       ``(a) Consent of United States.--
       ``(1) In general.--The consent of the United States''; and
       (2) by adding at the end the following:
       ``(2) Concurrent jurisdiction.--At the request of an Indian 
     tribe, and after consultation with the Attorney General, the 
     United States shall maintain concurrent jurisdiction to 
     prosecute violations of sections 1152 and 1153 of title 18, 
     United States Code, within the Indian country of the Indian 
     tribe.''.
       (b) Applicable Law.--Section 1162 of title 18, United 
     States Code, is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Applicable Law.--At the request of an Indian tribe, 
     and after consultation with the Attorney General--
       ``(1) sections 1152 and 1153 of this title shall remain in 
     effect in the areas of the Indian country of the Indian 
     tribe; and
       ``(2) jurisdiction over those areas shall be concurrent 
     among the Federal Government and State and tribal 
     governments.''.

     SEC. 202. INCENTIVES FOR STATE, TRIBAL, AND LOCAL LAW 
                   ENFORCEMENT COOPERATION.

       (a) Establishment of Cooperative Assistance Program.--The 
     Attorney General may provide grants, technical assistance, 
     and other assistance to State, tribal, and local governments 
     that enter into cooperative agreements, including agreements 
     relating to mutual aid, hot pursuit of suspects, and cross-
     deputization for the purposes of--
       (1) improving law enforcement effectiveness; and
       (2) reducing crime in Indian country and nearby 
     communities.
       (b) Program Plans.--
       (1) In general.--To be eligible to receive assistance under 
     this section, a group composed of not less than 1 of each of 
     a tribal government and a State or local government shall 
     jointly develop and submit to the Attorney General a plan for 
     a program to achieve the purpose described in subsection (a).
       (2) Plan requirements.--A joint program plan under 
     paragraph (1) shall include a description of--
       (A) the proposed cooperative tribal and State or local law 
     enforcement program for which funding is sought, including 
     information on the population and each geographic area to be 
     served by the program;
       (B) the need of the proposed program for funding under this 
     section, the amount of funding requested, and the proposed 
     use of funds, subject to the requirements listed in 
     subsection (c);
       (C) the unit of government that will administer any 
     assistance received under this section, and the method by 
     which the assistance will be distributed;
       (D) the types of law enforcement services to be performed 
     on each applicable Indian reservation and the individuals and 
     entities that will perform those services;
       (E) the individual or group of individuals who will 
     exercise daily supervision and control over law enforcement 
     officers participating in the program;
       (F) the method by which local and tribal government input 
     with respect to the planning and implementation of the 
     program will be ensured;
       (G) the policies of the program regarding mutual aid, hot 
     pursuit of suspects, deputization, training, and insurance of 
     applicable law enforcement officers;
       (H) the recordkeeping procedures and types of data to be 
     collected pursuant to the program; and
       (I) other information that the Attorney General determines 
     to be relevant.
       (c) Permissible Uses of Funds.--An eligible entity that 
     receives a grant under this section may use the grant, in 
     accordance with the program plan described in subsection 
     (b)--
       (1) to hire and train new career tribal, State, or local 
     law enforcement officers, or to make overtime payments for 
     current law enforcement officers, that are or will be 
     dedicated to--
       (A) policing tribal land and nearby lands; and
       (B) investigating alleged crimes on those lands;

[[Page S4338]]

       (2) procure equipment, technology, or support systems to be 
     used to investigate crimes and share information between 
     tribal, State, and local law enforcement agencies; or
       (3) for any other uses that the Attorney General determines 
     will meet the purposes described in subsection (a).
       (d) Factors for Consideration.--In determining whether to 
     approve a joint program plan submitted under subsection (b) 
     and, on approval, the amount of assistance to provide to the 
     program, the Attorney General shall take into consideration 
     the following factors:
       (1) The size and population of each Indian reservation and 
     nearby community proposed to be served by the program.
       (2) The complexity of the law enforcement problems proposed 
     to be addressed by the program.
       (3) The range of services proposed to be provided by the 
     program.
       (4) The proposed improvements the program will make 
     regarding law enforcement cooperation beyond existing levels 
     of cooperation.
       (5) The crime rates of the tribal and nearby communities.
       (6) The available resources of each entity applying for a 
     grant under this section for dedication to public safety in 
     the respective jurisdictions of the entities.
       (e) Annual Reports.--To be eligible to renew or extend a 
     grant under this section, a group described in subsection 
     (b)(1) shall submit to the Attorney General, together with 
     the joint program plan under subsection (b), a report 
     describing the law enforcement activities carried out 
     pursuant to the program during the preceding fiscal year, 
     including the success of the activities, including any 
     increase in arrests or prosecutions.
       (f) Reports by Attorney General.--Not later than January 15 
     of each applicable fiscal year, the Attorney General shall 
     submit to the Committee on Indian Affairs of the Senate and 
     the Committee on Natural Resources of the House of 
     Representatives a report describing the law enforcement 
     programs carried out using assistance provided under this 
     section during the preceding fiscal year, including the 
     success of the programs.
       (g) Technical Assistance.--On receipt of a request from a 
     group composed of not less than 1 tribal government and 1 
     State or local government, the Attorney General shall provide 
     technical assistance to the group to develop successful 
     cooperative relationships that effectively combat crime in 
     Indian country and nearby communities.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section for each of fiscal years 2010 through 2014.

   TITLE III--EMPOWERING TRIBAL LAW ENFORCEMENT AGENCIES AND TRIBAL 
                              GOVERNMENTS

     SEC. 301. TRIBAL POLICE OFFICERS.

       (a) Flexibility in Training Law Enforcement Officers 
     Serving Indian Country.--Section 3(e) of the Indian Law 
     Enforcement Reform Act (25 U.S.C. 2802(e)) (as amended by 
     section 101(b)(4)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``(e)(1) The Secretary'' and inserting the 
     following:
       ``(e) Standards of Education and Experience and 
     Classification of Positions.--
       ``(1) Standards of education and experience.--
       ``(A) In general.--The Secretary''; and
       (B) by adding at the end the following:
       ``(B) Training.--The training standards established under 
     subparagraph (A) shall permit law enforcement personnel of 
     the Office of Justice Services or an Indian tribe to obtain 
     training at a State or tribal police academy, a local or 
     tribal community college, or another training academy that 
     meets the relevant Peace Officer Standards and Training.'';
       (2) in paragraph (3), by striking ``Agencies'' and 
     inserting ``agencies''; and
       (3) by adding at the end the following:
       ``(4) Background checks for officers.--The Office of 
     Justice Services shall develop standards and deadlines for 
     the provision of background checks for tribal law enforcement 
     and corrections officials that ensure that a response to a 
     request by an Indian tribe for such a background check shall 
     be provided by not later than 60 days after the date of 
     receipt of the request, unless an adequate reason for failure 
     to respond by that date is provided to the Indian tribe.''.
       (b) Special Law Enforcement Commissions.--Section 5(a) of 
     the Indian Law Enforcement Reform Act (25 U.S.C. 2804(a)) is 
     amended--
       (1) by striking ``(a) The Secretary may enter into an 
     agreement'' and inserting the following:
       ``(a) Agreements.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Tribal Law and Order Act of 2009, the 
     Secretary shall establish procedures to enter into memoranda 
     of agreement'';
       (2) in the second sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(2) Certain activities.--The Secretary''; and
       (3) by adding at the end the following:
       ``(3) Program enhancement.--
       ``(A) Training sessions in indian country.--
       ``(i) In general.--The procedures described in paragraph 
     (1) shall include the development of a plan to enhance the 
     certification and provision of special law enforcement 
     commissions to tribal law enforcement officials, and, subject 
     to subsection (d), State and local law enforcement officials, 
     pursuant to this section.
       ``(ii) Inclusions.--The plan under clause (i) shall include 
     the hosting of regional training sessions in Indian country, 
     not less frequently than biannually, to educate and certify 
     candidates for the special law enforcement commissions.
       ``(B) Memoranda of agreement.--
       ``(i) In general.--Not later than 180 days after the date 
     of enactment of the Tribal Law and Order Act of 2009, the 
     Secretary, in consultation with Indian tribes and tribal law 
     enforcement agencies, shall develop minimum requirements to 
     be included in special law enforcement commission agreements 
     pursuant to this section.
       ``(ii) Agreement.--Not later than 60 days after the date on 
     which the Secretary determines that all applicable 
     requirements under clause (i) are met, the Secretary shall 
     offer to enter into a special law enforcement commission 
     agreement with the applicable Indian tribe.''.
       (c) Indian Law Enforcement Foundation.--The Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.) is amended by adding at the end the following:

             ``TITLE VII--INDIAN LAW ENFORCEMENT FOUNDATION

     ``SEC. 701. INDIAN LAW ENFORCEMENT FOUNDATION.

       ``(a) Establishment.--As soon as practicable after the date 
     of enactment of this title, the Secretary shall establish, 
     under the laws of the District of Columbia and in accordance 
     with this title, a foundation, to be known as the `Indian Law 
     Enforcement Foundation' (referred to in this section as the 
     `Foundation').
       ``(b) Duties.--The Foundation shall--
       ``(1) encourage, accept, and administer, in accordance with 
     the terms of each donation, private gifts of real and 
     personal property, and any income from or interest in such 
     gifts, for the benefit of, or in support of, public safety 
     and justice services in American Indian and Alaska Native 
     communities; and
       ``(2) assist the Office of Justice Services of the Bureau 
     of Indian Affairs and Indian tribal governments in funding 
     and conducting activities and providing education to advance 
     and support the provision of public safety and justice 
     services in American Indian and Alaska Native communities.''.
       (d) Acceptance and Assistance.--Section 5 of the Indian Law 
     Enforcement Reform Act (25 U.S.C. 2804) is amended by adding 
     at the end the following:
       ``(g) Acceptance of Assistance.--The Bureau may accept 
     reimbursement, resources, assistance, or funding from--
       ``(1) a Federal, tribal, State, or other government agency; 
     or
       ``(2) the Indian Law Enforcement Foundation established 
     under section 701(a) of the Indian Self-Determination and 
     Education Assistance Act.''.

     SEC. 302. DRUG ENFORCEMENT IN INDIAN COUNTRY.

       (a) Education and Research Programs.--Section 502 of the 
     Controlled Substances Act (21 U.S.C. 872) is amended in 
     subsections (a)(1) and (c), by inserting `` tribal,'' after 
     ``State,'' each place it appears.
       (b) Public-Private Education Program.--Section 503 of the 
     Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C. 
     872a) is amended--
       (1) in subsection (a), by inserting ``tribal,'' after 
     ``State,''; and
       (2) in subsection (b)(2), by inserting ``, tribal,'' after 
     ``State''.
       (c) Cooperative Arrangements.--Section 503 of the 
     Controlled Substances Act (21 U.S.C. 873) is amended--
       (1) in subsection (a)--
       (A) by inserting ``tribal,'' after ``State,'' each place it 
     appears; and
       (B) in paragraphs (6) and (7), by inserting ``, tribal,'' 
     after ``State'' each place it appears; and
       (2) in subsection (d)(1), by inserting ``, tribal,'' after 
     ``State''.
       (d) Powers of Enforcement Personnel.--Section 508(a) of the 
     Controlled Substances Act (21 U.S.C. 878(a)) is amended in 
     the matter preceding paragraph (1) by inserting ``, tribal,'' 
     after ``State''.

     SEC. 303. ACCESS TO NATIONAL CRIMINAL INFORMATION DATABASES.

       (a) Access to National Criminal Information Databases.--
     Section 534 of title 28, United States Code, is amended--
       (1) in subsection (a)(4), by inserting ``Indian tribes,'' 
     after ``the States,'';
       (2) by striking subsection (d) and inserting the following:
       ``(d) Indian Law Enforcement Agencies.--The Attorney 
     General shall permit tribal and Bureau of Indian Affairs law 
     enforcement agencies--
       ``(1) to directly access and enter information into Federal 
     criminal information databases; and
       ``(2) to directly obtain information from the databases.'';
       (3) by redesignating the second subsection (e) as 
     subsection (f); and
       (4) in paragraph (2) of subsection (f) (as redesignated by 
     paragraph (3)), in the matter preceding subparagraph (A), by 
     inserting ``, tribal,'' after ``Federal''.
       (b) Requirement.--
       (1) In general.--The Attorney General shall ensure that 
     tribal law enforcement officials that meet applicable Federal 
     or State

[[Page S4339]]

     requirements have access to national crime information 
     databases.
       (2) Sanctions.--For purpose of sanctions for noncompliance 
     with requirements of, or misuse of, national crime 
     information databases and information obtained from those 
     databases, a tribal law enforcement agency or official shall 
     be treated as Federal law enforcement agency or official.
       (3) NCIC.--Each tribal justice official serving an Indian 
     tribe with criminal jurisdiction over Indian country shall be 
     considered to be an authorized law enforcement official for 
     purposes of access to the National Crime Information Center 
     of the Federal Bureau of Investigation.

     SEC. 304. TRIBAL COURT SENTENCING AUTHORITY.

       (a) Constitutional Rights.--Section 202 of Public Law 90-
     284 (25 U.S.C. 1302) is amended--
       (1) in the matter preceding paragraph (1), by striking ``No 
     Indian tribe'' and inserting the following:
       ``(a) In General.--No Indian tribe'';
       (2) in paragraph (7) of subsection (a) (as designated by 
     paragraph (1)), by striking ``and a fine'' and inserting ``or 
     a fine''; and
       (3) by adding at the end the following:
       ``(b) Tribal Courts and Prisoners.--
       ``(1) In general.--Notwithstanding paragraph (7) of 
     subsection (a) and in addition to the limitations described 
     in the other paragraphs of that subsection, no Indian tribe, 
     in exercising any power of self-government involving a 
     criminal trial that subjects a defendant to more than 1 year 
     imprisonment for any single offense, may--
       ``(A) deny any person in such a criminal proceeding the 
     assistance of a defense attorney licensed to practice law in 
     any jurisdiction in the United States;
       ``(B) require excessive bail, impose an excessive fine, 
     inflict a cruel or unusual punishment, or impose for 
     conviction of a single offense any penalty or punishment 
     greater than imprisonment for a term of 3 years or a fine of 
     $15,000, or both; or
       ``(C) deny any person in such a criminal proceeding the due 
     process of law.
       ``(2) Authority.--An Indian tribe exercising authority 
     pursuant to this subsection shall--
       ``(A) require that each judge presiding over an applicable 
     criminal case is licensed to practice law in any jurisdiction 
     in the United States; and
       ``(B) make publicly available the criminal laws (including 
     regulations and interpretive documents) of the Indian tribe.
       ``(3) Sentences.--A tribal court acting pursuant to 
     paragraph (1) may require a convicted offender--
       ``(A) to serve the sentence--
       ``(i) in a tribal correctional center that has been 
     approved by the Bureau of Indian Affairs for long-term 
     incarceration, in accordance with guidelines developed by the 
     Bureau of Indian Affairs, in consultation with Indian tribes;
       ``(ii) in the nearest appropriate Federal facility, at the 
     expense of the United States pursuant to a memorandum of 
     agreement with Bureau of Prisons in accordance with paragraph 
     (4);
       ``(iii) in a State or local government-approved detention 
     or correctional center pursuant to an agreement between the 
     Indian tribe and the State or local government; or
       ``(iv) subject to paragraph (1), in an alternative 
     rehabilitation center of an Indian tribe; or
       ``(B) to serve another alternative form of punishment, as 
     determined by the tribal court judge pursuant to tribal law.
       ``(4) Memoranda of agreement.--A memorandum of agreement 
     between an Indian tribe and the Bureau of Prisons under 
     paragraph (2)(A)(ii)--
       ``(A) shall acknowledge that the United States will incur 
     all costs involved, including the costs of transfer, housing, 
     medical care, rehabilitation, and reentry of transferred 
     prisoners;
       ``(B) shall limit the transfer of prisoners to prisoners 
     convicted in tribal court of violent crimes, crimes involving 
     sexual abuse, and serious drug offenses, as determined by the 
     Bureau of Prisons, in consultation with tribal governments, 
     by regulation;
       ``(C) shall not affect the jurisdiction, power of self-
     government, or any other authority of an Indian tribe over 
     the territory or members of the Indian tribe;
       ``(D) shall contain such other requirements as the Bureau 
     of Prisons, in consultation with the Bureau of Indian Affairs 
     and tribal governments, may determine, by regulation; and
       ``(E) shall be executed and carried out not later than 180 
     days after the date on which the applicable Indian tribe 
     first contacts the Bureau of Prisons to accept a transfer of 
     a tribal court offender pursuant to this subsection.
       ``(c) Effect of Section.--Nothing in this section affects 
     the obligation of the United States, or any State government 
     that has been delegated authority by the United States, to 
     investigate and prosecute any criminal violation in Indian 
     country.''.
       (b) Grants and Contracts.--Section 1007(b) of the Economic 
     Opportunity Act of 1964 (42 U.S.C. 2996f(b)) is amended by 
     striking paragraph (2) and inserting the following:
       ``(2) to provide legal assistance with respect to any 
     criminal proceeding, except to provide assistance to a person 
     charged with an offense in an Indian tribal court;''.

     SEC. 305. INDIAN LAW AND ORDER COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the Indian Law and Order Commission (referred to in 
     this section as the ``Commission'').
       (b) Membership.--
       (1) In general.--The Commission shall be composed of 9 
     members, of whom--
       (A) 3 shall be appointed by the President, in consultation 
     with--
       (i) the Attorney General; and
       (ii) the Secretary of the Interior;
       (B) 2 shall be appointed by the Majority Leader of the 
     Senate, in consultation with the Chairperson of the Committee 
     on Indian Affairs of the Senate;
       (C) 1 shall be appointed by the Minority Leader of the 
     Senate, in consultation with the Vice Chairperson of the 
     Committee on Indian Affairs of the Senate;
       (D) 2 shall be appointed by the Speaker of the House of 
     Representatives, in consultation with the Chairperson of the 
     Committee on Natural Resources of the House of 
     Representatives; and
       (E) 1 shall be appointed by the Minority Leader of the 
     House of Representatives, in consultation with the Ranking 
     Member of the Committee on Natural Resources of the House of 
     Representatives.
       (2) Requirements for eligibility.--Each member of the 
     Commission shall have significant experience and expertise 
     in--
       (A) the Indian country criminal justice system; and
       (B) matters to be studied by the Commission.
       (3) Consultation required.--The President, the Speaker and 
     Minority Leader of the House of Representatives, and the 
     Majority Leader and Minority Leader of the Senate shall 
     consult before the appointment of members of the Commission 
     under paragraph (1) to achieve, to the maximum extent 
     practicable, fair and equitable representation of various 
     points of view with respect to the matters to be studied by 
     the Commission.
       (4) Term.--Each member shall be appointed for the life of 
     the Commission.
       (5) Time for initial appointments.--The appointment of the 
     members of the Commission shall be made not later than 60 
     days after the date of enactment of this Act.
       (6) Vacancies.--A vacancy in the Commission shall be 
     filled--
       (A) in the same manner in which the original appointment 
     was made; and
       (B) not later than 60 days after the date on which the 
     vacancy occurred.
       (c) Operation.--
       (1) Chairperson.--Not later than 15 days after the date on 
     which all members of the Commission have been appointed, the 
     Commission shall select 1 member to serve as Chairperson of 
     the Commission.
       (2) Meetings.--
       (A) In general.--The Commission shall meet at the call of 
     the Chairperson.
       (B) Initial meeting.--The initial meeting shall take place 
     not later than 30 days after the date described in paragraph 
     (1).
       (3) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (4) Rules.--The Commission may establish, by majority vote, 
     any rules for the conduct of Commission business, in 
     accordance with this Act and other applicable law.
       (d) Comprehensive Study of Criminal Justice System Relating 
     to Indian Country.--The Commission shall conduct a 
     comprehensive study of law enforcement and criminal justice 
     in tribal communities, including --
       (1) jurisdiction over crimes committed in Indian country 
     and the impact of that jurisdiction on--
       (A) the investigation and prosecution of Indian country 
     crimes; and
       (B) residents of Indian land;
       (2) the tribal jail and Federal prisons systems and the 
     effect of those systems with respect to--
       (A) reducing Indian country crime; and
       (B) rehabilitation of offenders;
       (3)(A) tribal juvenile justice systems and the Federal 
     juvenile justice system as relating to Indian country; and
       (B) the effect of those systems and related programs in 
     preventing juvenile crime, rehabilitating Indian youth in 
     custody, and reducing recidivism among Indian youth;
       (4) the impact of the Indian Civil Rights Act of 1968 (25 
     U.S.C. 1301 et seq.) on--
       (A) the authority of Indian tribes; and
       (B) the rights of defendants subject to tribal government 
     authority; and
       (5) studies of such other subjects as the Commission 
     determines relevant to achieve the purposes of the Tribal Law 
     and Order Act of 2009.
       (e) Recommendations.--Taking into consideration the results 
     of the study under paragraph (1), the Commission shall 
     develop recommendations on necessary modifications and 
     improvements to justice systems at the tribal, Federal, and 
     State levels, including consideration of--
       (1) simplifying jurisdiction in Indian country;
       (2) improving services and programs--
       (A) to prevent juvenile crime on Indian land;
       (B) to rehabilitate Indian youth in custody; and
       (C) to reduce recidivism among Indian youth;
       (3) enhancing the penal authority of tribal courts and 
     exploring alternatives to incarceration;

[[Page S4340]]

       (4) the establishment of satellite United States magistrate 
     or district courts in Indian country;
       (5) changes to the tribal jails and Federal prison systems; 
     and
       (6) other issues that, as determined by the Commission, 
     would reduce violent crime in Indian country.
       (f) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Commission shall submit to the 
     President and Congress a report that contains--
       (1) a detailed statement of the findings and conclusions of 
     the Commission; and
       (2) the recommendations of the Commission for such 
     legislative and administrative actions as the Commission 
     considers to be appropriate.
       (g) Powers.--
       (1) Hearings.--
       (A) In general.--The Commission may hold such hearings, 
     meet and act at such times and places, take such testimony, 
     and receive such evidence as the Commission considers to be 
     advisable to carry out the duties of the Commission under 
     this section.
       (B) Public requirement.--The hearings of the Commission 
     under this paragraph shall be open to the public.
       (2) Witness expenses.--
       (A) In general.--A witness requested to appear before the 
     Commission shall be paid the same fees as are paid to 
     witnesses under section 1821 of title 28, United States Code.
       (B) Per diem and mileage.--The per diem and mileage 
     allowance for a witness shall be paid from funds made 
     available to the Commission.
       (3) Information from federal, tribal, and state agencies.--
       (A) In general.--The Commission may secure directly from a 
     Federal agency such information as the Commission considers 
     to be necessary to carry out this section.
       (B) Tribal and state agencies.--The Commission may request 
     the head of any tribal or State agency to provide to the 
     Commission such information as the Commission considers to be 
     necessary to carry out this section.
       (4) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       (5) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (h) Commission Personnel Matters.--
       (1) Travel expenses.--A member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the 
     Commission.
       (2) Detail of federal employees.--On the affirmative vote 
     of \2/3\ of the members of the Commission and the approval of 
     the appropriate Federal agency head, an employee of the 
     Federal Government may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status, benefits, or privileges.
       (3) Procurement of temporary and intermittent services.--On 
     request of the Commission, the Attorney General and Secretary 
     shall provide to the Commission reasonable and appropriate 
     office space, supplies, and administrative assistance.
       (i) Contracts for Research.--
       (1) Researchers and experts.--
       (A) In general.--On an affirmative vote of \2/3\ of the 
     members of the Commission, the Commission may select 
     nongovernmental researchers and experts to assist the 
     Commission in carrying out the duties of the Commission under 
     this section.
       (B) National institute of justice.--The National Institute 
     of Justice may enter into a contract with the researchers and 
     experts selected by the Commission under subparagraph (A) to 
     provide funding in exchange for the services of the 
     researchers and experts.
       (2) Other organizations.--Nothing in this subsection limits 
     the ability of the Commission to enter into contracts with 
     any other entity or organization to carry out research 
     necessary to carry out the duties of the Commission under 
     this section.
       (j) Tribal Advisory Committee.--
       (1) Establishment.--The Commission shall establish a 
     committee, to be known as the ``Tribal Advisory Committee''.
       (2) Membership.--
       (A) Composition.--The Tribal Advisory Committee shall 
     consist of 2 representatives of Indian tribes from each 
     region of the Bureau of Indian Affairs.
       (B) Qualifications.--Each member of the Tribal Advisory 
     Committee shall have experience relating to--
       (i) justice systems;
       (ii) crime prevention; or
       (iii) victim services.
       (3) Duties.--The Tribal Advisory Committee shall--
       (A) serve as an advisory body to the Commission; and
       (B) provide to the Commission advice and recommendations, 
     submit materials, documents, testimony, and such other 
     information as the Commission determines to be necessary to 
     carry out the duties of the Commission under this section.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section, to remain available until expended.
       (l) Termination of Commission.--The Commission shall 
     terminate 90 days after the date on which the Commission 
     submits the report of the Commission under subsection (c)(3).
       (m) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the 
     Commission.

                    TITLE IV--TRIBAL JUSTICE SYSTEMS

     SEC. 401. INDIAN ALCOHOL AND SUBSTANCE ABUSE.

       (a) Correction of References.--
       (1) Inter-departmental memorandum of agreement.--Section 
     4205 of the Indian Alcohol and Substance Abuse Prevention and 
     Treatment Act of 1986 (25 U.S.C. 2411) is amended--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1)--

       (I) by striking ``the date of enactment of this subtitle'' 
     and inserting ``the date of enactment of the Tribal Law and 
     Order Act of 2009''; and
       (II) by inserting ``, the Attorney General,'' after 
     ``Secretary of the Interior'';

       (ii) in paragraph (2)(A), by inserting ``, Bureau of 
     Justice Assistance, Substance Abuse and Mental Health 
     Services Administration,'' after ``Bureau of Indian 
     Affairs,'';
       (iii) in paragraph (4), by inserting ``, Department of 
     Justice, Substance Abuse and Mental Health Services 
     Administration,'' after ``Bureau of Indian Affairs'';
       (iv) in paragraph (5), by inserting ``, Department of 
     Justice, Substance Abuse and Mental Health Services 
     Administration,'' after ``Bureau of Indian Affairs'';
       (v) in paragraph (7), by inserting ``, the Attorney 
     General,'' after ``Secretary of the Interior'';
       (B) in subsection (c), by inserting ``, the Attorney 
     General,'' after ``Secretary of the Interior''; and
       (C) in subsection (d), by striking ``the date of enactment 
     of this subtitle'' and inserting ``the date of enactment of 
     the Tribal Law and Order Act of 2009''.
       (2) Tribal action plans.--Section 4206 of the Indian 
     Alcohol and Substance Abuse Prevention and Treatment Act of 
     1986 (25 U.S.C. 2412) is amended--
       (A) in subsection (b), in the first sentence, by inserting 
     ``, the Bureau of Justice Assistance, the Substance Abuse and 
     Mental Health Services Administration,'' before ``and the 
     Indian Health Service service unit'';
       (B) in subsection (c)(1)(A)(i), by inserting ``, the Bureau 
     of Justice Assistance, the Substance Abuse and Mental Health 
     Services Administration,'' before ``and the Indian Health 
     Service service unit'';
       (C) in subsection (d)(2), by striking ``fiscal year 1993 
     and such sums as are necessary for each of the fiscal years 
     1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting 
     ``the period of fiscal years 2010 through 2014'';
       (D) in subsection (e), in the first sentence, by inserting 
     ``, the Attorney General,'' after ``the Secretary of the 
     Interior''; and
       (E) in subsection (f)(3), by striking ``fiscal year 1993 
     and such sums as are necessary for each of the fiscal years 
     1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting 
     ``the period of fiscal years 2010 through 2014''.
       (3) Departmental responsibility.--Section 4207 of the 
     Indian Alcohol and Substance Abuse Prevention and Treatment 
     Act of 1986 (25 U.S.C. 2413) is amended--
       (A) in subsection (a), by inserting ``, the Attorney 
     General'' after ``Bureau of Indian Affairs'';
       (B) in subsection (b)--
       (i) by striking paragraph (1) and inserting the following:
       ``(1) Establishment.--
       ``(A) In general.--To improve coordination among the 
     Federal agencies and departments carrying out this subtitle, 
     there is established within the Substance Abuse and Mental 
     Health Services Administration an office, to be known as the 
     `Office of Indian Alcohol and Substance Abuse' (referred to 
     in this section as the `Office').
       ``(B) Director.--The director of the Office shall be 
     appointed by the Director of the Substance Abuse and Mental 
     Health Services Administration--
       ``(i) on a permanent basis; and
       ``(ii) at a grade of not less than GS-15 of the General 
     Schedule.'';
       (ii) in paragraph (2)--

       (I) by striking ``(2) In addition'' and inserting the 
     following:

       ``(2) Responsibilities of office.--In addition'';

       (II) by striking subparagraph (A) and inserting the 
     following:

       ``(A) coordinating with other agencies to monitor the 
     performance and compliance of the relevant Federal programs 
     in achieving the goals and purposes of this subtitle and the 
     Memorandum of Agreement entered into under section 4205;'';

       (III) in subparagraph (B)--

       (aa) by striking ``within the Bureau of Indian Affairs''; 
     and
       (bb) by striking the period at the end and inserting ``; 
     and''; and

       (IV) by adding at the end the following:

       ``(C) not later than 1 year after the date of enactment of 
     the Tribal Law and Order Act of 2009, developing, in 
     coordination and consultation with tribal governments, a 
     framework for interagency and tribal coordination that--
       ``(i) establish the goals and other desired outcomes of 
     this Act;
       ``(ii) prioritizes outcomes that are aligned with the 
     purposes of affected agencies;
       ``(iii) provides guidelines for resource and information 
     sharing;

[[Page S4341]]

       ``(iv) provides technical assistance to the affected 
     agencies to establish effective and permanent interagency 
     communication and coordination; and
       ``(v) determines whether collaboration is feasible, cost-
     effective, and within agency capability.''; and
       (iii) by striking paragraph (3) and inserting the 
     following:
       ``(3) Appointment of employees.--The Director of the 
     Substance Abuse and Mental Health Services Administration 
     shall appoint such employees to work in the Office, and shall 
     provide such funding, services, and equipment, as may be 
     necessary to enable the Office to carry out the 
     responsibilities under this subsection.''; and
       (C) in subsection (c)--
       (i) by striking ``of Alcohol and Substance Abuse'' each 
     place it appears;
       (ii) in paragraph (1), in the second sentence, by striking 
     ``The Assistant Secretary of the Interior for Indian 
     Affairs'' and inserting ``The Director of the Substance Abuse 
     and Mental Health Services Administration''; and
       (iii) in paragraph (3)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``Youth'' and inserting ``youth''; and
       (II) by striking ``programs of the Bureau of Indian 
     Affairs'' and inserting ``the applicable Federal programs''.

       (4) Review of programs.--Section 4208a(a) of the Indian 
     Alcohol and Substance Abuse Prevention and Treatment Act of 
     1986 (25 U.S.C. 2414a(a)) is amended in the matter preceding 
     paragraph (1) by inserting ``, the Attorney General,'' after 
     ``the Secretary of the Interior''.
       (5) Federal facilities, property, and equipment.--Section 
     4209 of the Indian Alcohol and Substance Abuse Prevention and 
     Treatment Act of 1986 (25 U.S.C. 2415) is amended--
       (A) in subsection (a), by inserting ``, the Attorney 
     General,'' after ``the Secretary of the Interior'';
       (B) in subsection (b)--
       (i) in the first sentence, by inserting ``, the Attorney 
     General,'' after ``the Secretary of the Interior'';
       (ii) in the second sentence, by inserting ``, nor the 
     Attorney General,'' after ``the Secretary of the Interior''; 
     and
       (iii) in the third sentence, by inserting ``, the 
     Department of Justice,'' after ``the Department of the 
     Interior''; and
       (C) in subsection (c)(1), by inserting ``, the Attorney 
     General,'' after ``the Secretary of the Interior''.
       (6) Newsletter.--Section 4210 of the Indian Alcohol and 
     Substance Abuse Prevention and Treatment Act of 1986 (25 
     U.S.C. 2416) is amended--
       (A) in subsection (a), in the first sentence, by inserting 
     ``, the Attorney General,'' after ``the Secretary of the 
     Interior''; and
       (B) in subsection (b), by striking ``fiscal year 1993 and 
     such sums as may be necessary for each of the fiscal years 
     1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting 
     ``the period of fiscal years 2010 through 2014''.
       (7) Review.--Section 4211(a) of the Indian Alcohol and 
     Substance Abuse Prevention and Treatment Act of 1986 (25 
     U.S.C. 2431(a)) is amended in the matter preceding paragraph 
     (1) by inserting ``, the Attorney General,'' after ``the 
     Secretary of the Interior''.
       (b) Indian Education Programs.--Section 4212 of the Indian 
     Alcohol and Substance Abuse Prevention Act of 1986 (25 U.S.C. 
     2432) is amended by striking subsection (a) and inserting the 
     following:
       ``(a) Summer Youth Programs.--
       ``(1) In general.--The head of the Indian Alcohol and 
     Substance Abuse Program, in coordination with the Assistant 
     Secretary for Indian Affairs, shall develop and implement 
     programs in tribal schools and schools funded by the Bureau 
     of Indian Education (subject to the approval of the local 
     school board or contract school board) to determine the 
     effectiveness of summer youth programs in advancing the 
     purposes and goals of this Act.
       ``(2) Costs.--The head of the Indian Alcohol and Substance 
     Abuse Program and the Assistant Secretary shall defray all 
     costs associated with the actual operation and support of the 
     summer youth programs in a school from funds appropriated to 
     carry out this subsection.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out the programs under 
     this subsection such sums as are necessary for each of fiscal 
     years 2010 through 2014.''.
       (c) Emergency Shelters.--Section 4213(e) of the Indian 
     Alcohol and Substance Abuse Prevention and Treatment Act of 
     1986 (25 U.S.C. 2433(e)) is amended--
       (1) in paragraph (1), by striking ``as may be necessary'' 
     and all that follows through the end of the paragraph and 
     inserting ``as are necessary for each of fiscal years 2010 
     through 2014.'';
       (2) in paragraph (2), by striking ``$7,000,000'' and all 
     that follows through the end of the paragraph and inserting 
     ``$10,000,000 for each of fiscal years 2010 through 2014.''; 
     and
       (3) by indenting paragraphs (4) and (5) appropriately.
       (d) Review of Programs.--Section 4215(a) of the Indian 
     Alcohol and Substance Abuse Prevention and Treatment Act of 
     1986 (25 U.S.C. 2441(a)) is amended by inserting ``, the 
     Attorney General,'' after ``the Secretary of the Interior''.
       (e) Illegal Narcotics Trafficking; Source Eradication.--
     Section 4216 of the Indian Alcohol and Substance Abuse 
     Prevention and Treatment Act of 1986 (25 U.S.C. 2442) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking the comma at the end 
     and inserting a semicolon;
       (ii) in subparagraph (B), by striking ``, and'' at the end 
     and inserting a semicolon;
       (iii) in subparagraph (C), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(D) the Blackfeet Nation of Montana for the investigation 
     and control of illegal narcotics traffic on the Blackfeet 
     Indian Reservation along the border with Canada.'';
       (B) in paragraph (2), by striking ``United States Custom 
     Service'' and inserting ``United States Customs and Border 
     Protection''; and
       (C) by striking paragraph (3) and inserting the following:
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as are necessary for each of fiscal years 2010 
     through 2014.''; and
       (2) in subsection (b)(2), by striking ``as may be 
     necessary'' and all that follows through the end of the 
     paragraph and inserting ``as are necessary for each of fiscal 
     years 2010 through 2014.''.
       (f) Law Enforcement and Judicial Training.--Section 4218 of 
     the Indian Alcohol and Substance Abuse Prevention and 
     Treatment Act of 1986 (25 U.S.C. 2451) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Training Programs.--
       ``(1) In general.--The Secretary of the Interior, in 
     coordination with the Attorney General, the Administrator of 
     the Drug Enforcement Administration, and the Director of the 
     Federal Bureau of Investigation, shall ensure, through the 
     establishment of a new training program or by supplementing 
     existing training programs, that all Bureau of Indian Affairs 
     and tribal law enforcement and judicial personnel have access 
     to training regarding--
       ``(A) the investigation and prosecution of offenses 
     relating to illegal narcotics; and
       ``(B) alcohol and substance abuse prevention and treatment.
       ``(2) Youth-related training.--Any training provided to 
     Bureau of Indian Affairs or tribal law enforcement or 
     judicial personnel under paragraph (1) shall include training 
     in issues relating to youth alcohol and substance abuse 
     prevention and treatment.''; and
       (2) in subsection (b), by striking ``as may be necessary'' 
     and all that follows through the end of the subsection and 
     inserting ``as are necessary for each of fiscal years 2010 
     through 2014.''.
       (g) Juvenile Detention Centers.--Section 4220 of the Indian 
     Alcohol and Substance Abuse Prevention and Treatment Act of 
     1986 (25 U.S.C. 2453) is amended--
       (1) in subsection (a)--
       (A) by striking ``The Secretary'' the first place it 
     appears and inserting the following:
       ``(1) In general.--The Secretary'';
       (B) in the second sentence, by striking ``The Secretary 
     shall'' and inserting the following:
       ``(2) Construction and operation.--The Secretary shall''; 
     and
       (C) by adding at the end the following:
       ``(3) Development of plan.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this paragraph, the Secretary, the Director 
     of the Substance Abuse and Mental Health Services 
     Administration, the Director of the Indian Health Service, 
     and the Attorney General, in consultation with tribal leaders 
     and tribal justice officials, shall develop a long-term plan 
     for the construction, renovation, and operation of Indian 
     juvenile detention and treatment centers and alternatives to 
     detention for juvenile offenders.
       ``(B) Coordination.--The plan under subparagraph (A) shall 
     require the Bureau of Indian Education and the Indian Health 
     Service to coordinate with tribal and Bureau of Indian 
     Affairs juvenile detention centers to provide services to 
     those centers.''; and
       (2) in subsection (b)--
       (A) by striking ``such sums as may be necessary for each of 
     the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 
     2000'' each place it appears and inserting ``such sums as are 
     necessary for each of fiscal years 2010 through 2014''; and
       (B) by indenting paragraph (2) appropriately.

     SEC. 402. INDIAN TRIBAL JUSTICE; TECHNICAL AND LEGAL 
                   ASSISTANCE.

       (a) Indian Tribal Justice.--
       (1) Base support funding.--Section 103(b) of the Indian 
     Tribal Justice Act (25 U.S.C. 3613(b)) is amended by striking 
     paragraph (2) and inserting the following:
       ``(2) the employment of tribal court personnel, including 
     tribal court judges, prosecutors, public defenders, guardians 
     ad litem, and court-appointed special advocates for children 
     and juveniles;''.
       (2) Tribal justice systems.--Section 201 of the Indian 
     Tribal Justice Act (25 U.S.C. 3621) is amended--
       (A) in subsection (a)--
       (i) by striking ``the provisions of sections 101 and 102 of 
     this Act'' and inserting ``sections 101 and 102''; and
       (ii) by striking ``the fiscal years 2000 through 2007'' and 
     inserting ``fiscal years 2010 through 2014'';
       (B) in subsection (b)--

[[Page S4342]]

       (i) by striking ``the provisions of section 103 of this 
     Act'' and inserting ``section 103''; and
       (ii) by striking ``the fiscal years 2000 through 2007'' and 
     inserting ``fiscal years 2010 through 2014'';
       (C) in subsection (c), by striking ``the fiscal years 2000 
     through 2007'' and inserting ``fiscal years 2010 through 
     2014''; and
       (D) in subsection (d), by striking ``the fiscal years 2000 
     through 2007'' and inserting ``fiscal years 2010 through 
     2014''.
       (b) Technical and Legal Assistance.--
       (1) Tribal civil legal assistance grants.--Section 102 of 
     the Indian Tribal Justice Technical and Legal Assistance Act 
     of 2000 (25 U.S.C. 3662) is amended by inserting ``(including 
     guardians ad litem and court-appointed special advocates for 
     children and juveniles)'' after ``civil legal assistance''.
       (2) Tribal criminal legal assistance grants.--Section 103 
     of the Indian Tribal Justice Technical and Legal Assistance 
     Act of 2000 (25 U.S.C. 3663) is amended by striking 
     ``criminal legal assistance to members of Indian tribes and 
     tribal justice systems'' and inserting ``criminal legal 
     assistance services to all defendants subject to tribal court 
     jurisdiction and judicial services for tribal courts''.
       (3) Funding.--The Indian Tribal Justice Technical and Legal 
     Assistance Act of 2000 is amended--
       (A) in section 106 (25 U.S.C. 3666), by striking ``2000 
     through 2004'' and inserting ``2010 through 2014''; and
       (B) in section 201(d) (25 U.S.C. 3681(d)), by striking 
     ``2000 through 2004'' and inserting ``2010 through 2014''.

     SEC. 403. TRIBAL RESOURCES GRANT PROGRAM.

       Section 1701 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3796dd) is amended--
       (1) in subsection (b)--
       (A) in each of paragraphs (1) through (4) and (6) through 
     (17), by inserting ``to'' after the paragraph designation;
       (B) in paragraph (1), by striking ``State and'' and 
     inserting ``State, tribal, or'';
       (C) in paragraphs (9) and (10), by inserting ``, tribal,'' 
     after ``State'' each place it appears;
       (D) in paragraph (15)--
       (i) by striking ``a State in'' and inserting ``a State or 
     Indian tribe in'';
       (ii) by striking ``the State which'' and inserting ``the 
     State or tribal community that''; and
       (iii) by striking ``a State or'' and inserting ``a State, 
     tribal, or'';
       (E) in paragraph (16), by striking ``and'' at the end
       (F) in paragraph (17), by striking the period at the end 
     and inserting ``; and'';
       (G) by redesignating paragraphs (6) through (17) as 
     paragraphs (5) through (16), respectively; and
       (H) by adding at the end the following:
       ``(17) to permit tribal governments receiving direct law 
     enforcement services from the Bureau of Indian Affairs to 
     access the program under this section on behalf of the Bureau 
     for use in accordance with paragraphs (1) through (16).''.
       (2) in subsection (i), by striking ``The authority'' and 
     inserting ``Except as provided in subsection (j), the 
     authority''; and
       (3) by adding at the end the following:
       ``(j) Grants to Indian Tribes.--
       ``(1) In general.--Notwithstanding subsection (i) and 
     section 1703, and in acknowledgment of the Federal nexus and 
     distinct Federal responsibility to address and prevent crime 
     in Indian country, the Attorney General shall provide grants 
     under this section to Indian tribal governments, for fiscal 
     year 2010 and any fiscal year thereafter, for such period as 
     the Attorney General determines to be appropriate to assist 
     the Indian tribal governments in carrying out the purposes 
     described in subsection (b).
       ``(2) Priority of funding.--In providing grants to Indian 
     tribal governments under this subsection, the Attorney 
     General shall take into consideration reservation crime rates 
     and tribal law enforcement staffing needs of each Indian 
     tribal government.
       ``(3) Federal share.--Because of the Federal nature and 
     responsibility for providing public safety on Indian land, 
     the Federal share of the cost of any activity carried out 
     using a grant under this subsection shall be 100 percent.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this subsection for each of fiscal years 2010 
     through 2014.
       ``(k) Report.--Not later than 180 days after the date of 
     enactment of this subsection, the Attorney General shall 
     submit to Congress a report describing the extent and 
     effectiveness of the Community Oriented Policing (COPS) 
     initiative as applied in Indian country, including particular 
     references to--
       ``(1) the problem of intermittent funding;
       ``(2) the integration of COPS personnel with existing law 
     enforcement authorities; and
       ``(3) an explanation of how the practice of community 
     policing and the broken windows theory can most effectively 
     be applied in remote tribal locations.''.

     SEC. 404. TRIBAL JAILS PROGRAM.

       (a) In General.--Section 20109 of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended 
     by striking subsection (a) and inserting the following:
       ``(a) Reservation of Funds.--Notwithstanding any other 
     provision of this part, of amounts made available to the 
     Attorney General to carry out programs relating to offender 
     incarceration, the Attorney General shall reserve $35,000,000 
     for each of fiscal years 2010 through 2014 to carry out this 
     section.''.
       (b) Regional Detention Centers.--
       (1) In general.--Section 20109 of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended 
     by striking subsection (b) and inserting the following:
       ``(b) Grants to Indian Tribes.--
       ``(1) In general.--From the amounts reserved under 
     subsection (a), the Attorney General shall provide grants--
       ``(A) to Indian tribes for purposes of--
       ``(i) construction and maintenance of jails on Indian land 
     for the incarceration of offenders subject to tribal 
     jurisdiction;
       ``(ii) entering into contracts with private entities to 
     increase the efficiency of the construction of tribal jails; 
     and
       ``(iii) developing and implementing alternatives to 
     incarceration in tribal jails;
       ``(B) to Indian tribes for the construction of tribal 
     justice centers that combine tribal police, courts, and 
     corrections services to address violations of tribal civil 
     and criminal laws;
       ``(C) to consortia of Indian tribes for purposes of 
     constructing and operating regional detention centers on 
     Indian land for long-term incarceration of offenders subject 
     to tribal jurisdiction, as the applicable consortium 
     determines to be appropriate.
       ``(2) Priority of funding.--in providing grants under this 
     subsection, the Attorney General shall take into 
     consideration applicable--
       ``(A) reservation crime rates;
       ``(B) annual tribal court convictions; and
       ``(C) bed space needs.
       ``(3) Federal share.--Because of the Federal nature and 
     responsibility for providing public safety on Indian land, 
     the Federal share of the cost of any activity carried out 
     using a grant under this subsection shall be 100 percent.''.
       (2) Conforming amendment.--Section 20109(c) of the Violent 
     Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
     13709(c)) is amended by inserting ``or consortium of Indian 
     tribes, as applicable,'' after ``Indian tribe''.
       (3) Long-term plan.--Section 20109 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is 
     amended by adding at the end the following:
       ``(d) Long-Term Plan.--Not later than 1 year after the date 
     of enactment of this subsection, the Attorney General, in 
     coordination with the Bureau of Indian Affairs and in 
     consultation with tribal leaders, tribal law enforcement 
     officers, and tribal corrections officials, shall submit to 
     Congress a long-term plan to address incarceration in Indian 
     country, including a description of--
       ``(1) proposed activities for construction of detention 
     facilities (including regional facilities) on Indian land;
       ``(2) proposed activities for construction of additional 
     Federal detention facilities on Indian land;
       ``(3) proposed activities for contracting with State and 
     local detention centers, with tribal government approval;
       ``(4) proposed alternatives to incarceration, developed in 
     cooperation with tribal court systems; and
       ``(5) such other alternatives as the Attorney General, in 
     coordination with the Bureau of Indian Affairs and in 
     consultation with Indian tribes, determines to be 
     necessary.''.

     SEC. 405. TRIBAL PROBATION OFFICE LIAISON PROGRAM.

       Title II of the Indian Tribal Justice Technical and Legal 
     Assistance Act of 2000 (25 U.S.C. 3681 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 203. ASSISTANT PAROLE AND PROBATION OFFICERS.

       ``To the maximum extent practicable, the Director of the 
     Administrative Office of the United States Courts, in 
     coordination with the Office of Tribal Justice and the 
     Director of the Office of Justice Services, shall--
       ``(1) appoint individuals residing in Indian country to 
     serve as assistant parole or probation officers for purposes 
     of monitoring and providing service to Federal prisoners 
     residing in Indian country; and
       ``(2) provide substance abuse, mental health, and other 
     related treatment services to offenders residing on Indian 
     land.''.

     SEC. 406. TRIBAL YOUTH PROGRAM.

       (a) Incentive Grants for Local Delinquency Prevention 
     Programs.--
       (1) In general.--Section 504 of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5783) is 
     amended--
       (A) in subsection (a), by inserting ``, or to Indian tribes 
     under subsection (d)'' after ``subsection (b)''; and
       (B) by adding at the end the following:
       ``(d) Grants for Tribal Delinquency Prevention and Response 
     Programs.--
       ``(1) In general.--The Administrator shall make grants 
     under this section, on a competitive basis, to eligible 
     Indian tribes or consortia of Indian tribes, as described in 
     paragraph (2)--
       ``(A) to support and enhance--
       ``(i) tribal juvenile delinquency prevention services; and
       ``(ii) the ability of Indian tribes to respond to, and care 
     for, juvenile offenders; and

[[Page S4343]]

       ``(B) to encourage accountability of Indian tribal 
     governments with respect to preventing juvenile delinquency 
     and responding to, and caring for, juvenile offenders.
       ``(2) Eligible indian tribes.--To be eligible to receive a 
     grant under this subsection, an Indian tribe or consortium of 
     Indian tribes shall submit to the Administrator an 
     application in such form and containing such information as 
     the Administrator may require.
       ``(3) Priority of funding.--In providing grants under this 
     subsection, the Administrator shall take into consideration, 
     with respect to the reservation communities to be served--
       ``(A) juvenile crime rates;
       ``(B) dropout rates; and
       ``(C) percentage of at-risk youth.''.
       (2) Authorization of appropriations.--Section 505 of the 
     Juvenile Justice and Delinquency Prevention Act of 1974 (42 
     U.S.C. 5784) is amended by striking ``fiscal years 2004, 
     2005, 2006, 2007, and 2008'' and inserting ``each of fiscal 
     years 2010 through 2014''.
       (b) Coordinating Council on Juvenile Justice and 
     Delinquency Prevention.--Section 206(a)(2) of the Juvenile 
     Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
     5616(a)(2)) is amended--
       (1) in subparagraph (A), by striking ``Nine'' and inserting 
     ``Ten''; and
       (2) in subparagraph (B), by adding at the end the 
     following:
       ``(iv) One member shall be appointed by the Chairman of the 
     Committee on Indian Affairs of the Senate, in consultation 
     with the Vice Chairman of that Committee.''.

 TITLE V--INDIAN COUNTRY CRIME DATA COLLECTION AND INFORMATION SHARING

     SEC. 501. TRACKING OF CRIMES COMMITTED IN INDIAN COUNTRY.

       (a) Gang Violence.--Section 1107 of the Violence Against 
     Women and Department of Justice Reauthorization Act of 2005 
     (28 U.S.C. 534 note; Public Law 109-162) is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (8) through (12) as 
     paragraphs (9) through (13), respectively;
       (B) by inserting after paragraph (7) the following:
       ``(8) the Office of Justice Services of the Bureau of 
     Indian Affairs;'';
       (C) in paragraph (9) (as redesignated by subparagraph (A)), 
     by striking ``State'' and inserting ``tribal, State,''; and
       (D) in paragraphs (10) through (12) (as redesignated by 
     subparagraph (A)), by inserting ``tribal,'' before ``State,'' 
     each place it appears; and
       (2) in subsection (b), by inserting ``tribal,'' before 
     ``State,'' each place it appears.
       (b) Bureau of Justice Statistics.--Section 302 of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3732) is amended--
       (1) in subsection (c)--
       (A) in paragraph (1), by inserting ``, Indian tribes,'' 
     after ``contracts with'';
       (B) in each of paragraphs (3) through (6), by inserting 
     ``tribal,'' after ``State,'' each place it appears;
       (C) in paragraph (7), by inserting ``and in Indian 
     country'' after ``States'';
       (D) in paragraph (9), by striking ``Federal and State 
     Governments'' and inserting ``Federal Government and State 
     and tribal governments'';
       (E) in each of paragraphs (10) and (11), by inserting ``, 
     tribal,'' after ``State'' each place it appears;
       (F) in paragraph (13), by inserting ``, Indian tribes,'' 
     after ``States'';
       (G) in paragraph (17)--
       (i) by striking ``State and local'' and inserting ``State, 
     tribal, and local''; and
       (ii) by striking ``State, and local'' and inserting 
     ``State, tribal, and local'';
       (H) in paragraph (18), by striking ``State and local'' and 
     inserting ``State, tribal, and local'';
       (I) in paragraph (19), by inserting ``and tribal'' after 
     ``State'' each place it appears;
       (J) in paragraph (20), by inserting ``, tribal,'' after 
     ``State''; and
       (K) in paragraph (22), by inserting ``, tribal,'' after 
     ``Federal'';
       (2) in subsection (d)--
       (A) by redesignating paragraphs (1) through (6) as 
     subparagraphs (A) through (F), respectively, and indenting 
     the subparagraphs appropriately;
       (B) by striking ``To insure'' and inserting the following:
       ``(1) In general.--To ensure''; and
       (C) by adding at the end the following:
       ``(2) Consultation with indian tribes.--The Director, 
     acting jointly with the Assistant Secretary for Indian 
     Affairs (acting through the Director of the Office of Law 
     Enforcement Services) and the Director of the Federal Bureau 
     of Investigation, shall work with Indian tribes and tribal 
     law enforcement agencies to establish and implement such 
     tribal data collection systems as the Director determines to 
     be necessary to achieve the purposes of this section.'';
       (3) in subsection (e), by striking ``subsection (d)(3)'' 
     and inserting ``subsection (d)(1)(C)'';
       (4) in subsection (f)--
       (A) in the subsection heading, by inserting ``, Tribal,'' 
     after ``State''; and
       (B) by inserting ``, tribal,'' after ``State''; and
       (5) by adding at the end the following:
       ``(g) Report to Congress on Crimes in Indian Country.--Not 
     later than 1 year after the date of enactment of this 
     subsection, and annually thereafter, the Director shall 
     submit to Congress a report describing the data collected and 
     analyzed under this section relating to crimes in Indian 
     country.''.

     SEC. 502. GRANTS TO IMPROVE TRIBAL DATA COLLECTION SYSTEMS.

       Section 3 of the Indian Law Enforcement Reform Act (25 
     U.S.C. 2802) is amended by adding at the end the following:
       ``(f) Grants to Improve Tribal Data Collection Systems.--
       ``(1) Grant program.--The Secretary, acting through the 
     Director of the Office of Justice Services of the Bureau and 
     in coordination with the Attorney General, shall establish a 
     program under which the Secretary shall provide grants to 
     Indian tribes for activities to ensure uniformity in the 
     collection and analysis of data relating to crime in Indian 
     country.
       ``(2) Regulations.--The Secretary, acting through the 
     Director of the Office of Justice Services of the Bureau, in 
     consultation with tribal governments and tribal justice 
     officials, shall promulgate such regulations as are necessary 
     to carry out the grant program under this subsection.''.

     SEC. 503. CRIMINAL HISTORY RECORD IMPROVEMENT PROGRAM.

       Section 1301(a) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796h(a)) is amended by 
     inserting ``, tribal,'' after ``State''.

    TITLE VI--DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROSECUTION AND 
                               PREVENTION

     SEC. 601. PRISONER RELEASE AND REENTRY.

       Section 4042 of title 18, United States Code, is amended--
       (1) in subsection (a)(4), by inserting ``, tribal,'' after 
     ``State'';
       (2) in subsection (b)(1), in the first sentence, by 
     striking ``officer of the State and of the local 
     jurisdiction'' and inserting ``officers of each State, 
     tribal, and local jurisdiction''; and
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``officer of the State 
     and of the local jurisdiction'' and inserting ``officers of 
     each State, tribal, and local jurisdiction''; and
       (ii) in subparagraph (B), by inserting ``, tribal,'' after 
     ``State'' each place it appears; and
       (B) in paragraph (2)--
       (i) by striking ``(2) Notice'' and inserting the following:
       ``(2) Requirements.--
       ``(A) In general.--A notice'';
       (ii) in the second sentence, by striking ``For a person who 
     is released'' and inserting the following:
       ``(B) Released persons.--For a person who is released'';
       (iii) in the third sentence, by striking ``For a person who 
     is sentenced'' and inserting the following:
       ``(C) Persons on probation.--For a person who is 
     sentenced'';
       (iv) in the fourth sentence, by striking ``Notice 
     concerning'' and inserting the following:
       ``(D) Released persons required to register.--
       ``(i) In general.--A notice concerning''; and
       (v) in subparagraph (D) (as designated by clause (iv)), by 
     adding at the end the following:
       ``(ii) Persons residing in indian country.--For a person 
     described in paragraph (3) the expected place of residence of 
     whom is potentially located in Indian country, the Director 
     of the Bureau of Prisons or the Director of the 
     Administrative Office of the United States Courts, as 
     appropriate, shall--

       ``(I) make all reasonable and necessary efforts to 
     determine whether the residence of the person is located in 
     Indian country; and
       ``(II) ensure that the person is registered with the law 
     enforcement office of each appropriate jurisdiction before 
     release from Federal custody.''.

     SEC. 602. DOMESTIC AND SEXUAL VIOLENT OFFENSE TRAINING.

       Section 3(c)(9) of the Indian Law Enforcement Reform Act 
     (25 U.S.C. 2802(c)(9)) (as amended by section 101(a)(2)) is 
     amended by inserting before the semicolon at the end the 
     following: ``, including training to properly interview 
     victims of domestic and sexual violence and to collect, 
     preserve, and present evidence to Federal and tribal 
     prosecutors to increase the conviction rate for domestic and 
     sexual violence offenses for purposes of addressing and 
     preventing domestic and sexual violent offenses''.

     SEC. 603. TESTIMONY BY FEDERAL EMPLOYEES IN CASES OF RAPE AND 
                   SEXUAL ASSAULT.

       The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 11. TESTIMONY BY FEDERAL EMPLOYEES IN CASES OF RAPE 
                   AND SEXUAL ASSAULT.

       ``(a) Approval of Employee Testimony.--The Director of the 
     Office of Justice Services or the Director of the Indian 
     Health Service, as appropriate (referred to in this section 
     as the `Director concerned'), shall approve or disapprove, in 
     writing, any request or subpoena for a law enforcement 
     officer, sexual assault nurse examiner, or other employee 
     under the supervision of the Director concerned to provide 
     testimony in a deposition, trial, or other similar proceeding 
     regarding information obtained in carrying out the official 
     duties of the employee.
       ``(b) Requirement.--The Director concerned shall approve a 
     request or subpoena

[[Page S4344]]

     under subsection (a) if the request or subpoena does not 
     violate the policy of the Department of the Interior to 
     maintain strict impartiality with respect to private causes 
     of action.
       ``(c) Treatment.--If the Director concerned fails to 
     approve or disapprove a request or subpoena by the date that 
     is 30 days after the date of receipt of the request or 
     subpoena, the request or subpoena shall be considered to be 
     approved for purposes of this section.''.

     SEC. 604. COORDINATION OF FEDERAL AGENCIES.

       The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et 
     seq.) (as amended by section 603) is amended by adding at the 
     end the following:

     ``SEC. 12. COORDINATION OF FEDERAL AGENCIES.

       ``(a) In General.--The Secretary, in coordination with the 
     Attorney General, Federal and tribal law enforcement 
     agencies, the Indian Health Service, and domestic violence or 
     sexual assault victim organizations, shall develop 
     appropriate victim services and victim advocate training 
     programs--
       ``(1) to improve domestic violence or sexual abuse 
     responses;
       ``(2) to improve forensic examinations and collection;
       ``(3) to identify problems or obstacles in the prosecution 
     of domestic violence or sexual abuse; and
       ``(4) to meet other needs or carry out other activities 
     required to prevent, treat, and improve prosecutions of 
     domestic violence and sexual abuse.
       ``(b) Report.--Not later than 2 years after the date of 
     enactment of this section, the Secretary shall submit to the 
     Committee on Indian Affairs of the Senate and the Committee 
     on Natural Resources of the House of Representatives a report 
     that describes, with respect to the matters described in 
     subsection (a), the improvements made and needed, problems or 
     obstacles identified, and costs necessary to address the 
     problems or obstacles, and any other recommendations that the 
     Secretary determines to be appropriate.''.

     SEC. 605. SEXUAL ASSAULT PROTOCOL.

       Title VIII of the Indian Health Care Improvement Act is 
     amended by inserting after section 802 (25 U.S.C. 1672) the 
     following:

     ``SEC. 803. POLICIES AND PROTOCOL.

       ``The Director of Service, in coordination with the 
     Director of the Office on Violence Against Women of the 
     Department of Justice, in consultation with Indian Tribes and 
     Tribal Organizations, and in conference with Urban Indian 
     Organizations, shall develop standardized sexual assault 
     policies and protocol for the facilities of the Service, 
     based on similar protocol that has been established by the 
     Department of Justice.''.

  Mr. BARRASSO. Mr. President, I rise to join my colleague, Mr. Dorgan, 
in introducing the Tribal Law and Order Act of 2009. This bill 
represents a bipartisan effort and crucial step in addressing a serious 
public safety crisis in many Indian communities throughout our Nation.
  During the 110th Congress, the Committee on Indian Affairs held no 
less than seven hearings on the issue of law and order on Indian 
reservations. The committee found recurring themes of insufficient 
resources for law enforcement agencies, inadequate responses to 
criminal activity, and ineffective communication and coordination.
  Criminal elements are well aware of the conditions of near 
lawlessness in some reservation areas. With great regret, I point to 
the Wind River Indian Reservation of the Eastern Shoshone and Northern 
Arapaho peoples in my home state of Wyoming as an example. The Wind 
River Indian Reservation consists of approximately 2.2 million acres 
and has a tribal population of over 11,000.
  During fiscal year 2008, the Wind River Indian Reservation had a 
violent crime rate that was 3.58 times the national crime rate, 
according to the crime reports published by the Bureau of Indian 
Affairs within the Department of the Interior. Between 2007 and 2008, 
the crime rate on the Wind River Indian Reservation escalated from 677 
to 748 incidents per 100,000 inhabitants.
  Yet despite these troubling statistics, the Wind River Indian 
Reservation has only 9 law enforcement officers to cover all shifts. 
According to the Bureau of Indian Affairs' fiscal year 2008 crime 
report, an additional 22 police officers would be necessary to meet the 
minimum safety needs of this community. This situation would never be 
tolerated in other communities. We must address the needs for public 
safety, law enforcement and justice on Indian reservations head on.
  Senator Dorgan and I have worked together to ensure that this bill 
will assist in increasing the number of police officers on the ground. 
Through this bill we are sending a strong message that Indian 
reservations will not be a haven for criminal activity, drug 
trafficking, gangs, or abuse.
  We have set important goals for this legislation. To achieve them, we 
are proposing some significant changes to the status quo. As we move 
forward, I intend to solicit more input from stakeholders. The bill 
will inevitably require some modifications, and I look forward to that 
process. I consider the introduced legislation to be the beginning of a 
dialogue that will hopefully lead to refinement and improvement.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mrs. Boxer, Ms. Cantwell, Mr. Cardin, 
        Mr. Feingold, Mr. Harkin, Mr. Kennedy, Mr. Kerry, Mr. 
        Lautenberg, Mr. Leahy, Mr. Lieberman, Mr. Menendez, Mr. Reed, 
        Mr. Sanders, Ms. Stabenow, and Mr. Whitehouse):
  S. 799. A bill to designate as wilderness certain Federal portions of 
the red rock canyons of the Colorado Plateau and the Great Basin 
Deserts in the State of Utah for the benefit of present and future 
generations of people in the United States; to the Committee on Energy 
and Natural Resources.
  Mr. DURBIN. Mr. President, I rise today to introduce America's Red 
Rock Wilderness Act of 2009. This legislation continues our commitment 
to preserve natural resources in this country.
  America's Red Rock Wilderness Act will designate as wilderness some 
of our nation's most remarkable, but currently unprotected public 
lands. Bureau of Land Management, BLM, lands in Utah harbor some of the 
largest and most remarkable roadless desert areas anywhere in the 
world. Included in the 9.4 million acres I seek to protect are well 
known landscapes, such as the Grand Staircase-Escalante National 
Monument, and lesser known areas just outside Zion National Park, 
Canyonlands National Park, and Arches National Park. Together this wild 
landscape offers spectacular vistas of rare rock formations, canyons 
and desert lands, important archaeological sites, and habitat for rare 
plant and animal species.
  I have visited many of the areas this act would designate as 
wilderness. I can tell you that the natural beauty of these landscapes 
is a compelling reason for Congress to grant these lands wilderness 
protection. I have the honor of introducing legislation on the 20th 
anniversary of the year it was first introduced by my friend and former 
colleague in the House of Representatives, Wayne Owens. As a member of 
the Utah delegation, Congressman Owens pioneered the Congressional 
effort to protect Utah's red rock wilderness. He did this with broad 
public support, which still exists not only in Utah, but in all corners 
of Nation.
  The wilderness designated in this bill was chosen based on more than 
20 years of meticulous research and surveying. Volunteers have taken 
inventories of thousands of square miles of BLM land in Utah to help 
determine which lands should be protected. These volunteers provided 
extensive documentation to ensure that these areas meet Federal 
wilderness criteria. The BLM also completed an inventory of 
approximately 7.5 million acres of the land that would be protected by 
America's Red Rock Wilderness Act and agreed that the vast majority 
qualify for wilderness designation.
  For more than 20 years, Utah conservationists have been working to 
add the last great blocks of undeveloped BLM-administered land in Utah 
to the National Wilderness Preservation System. Together, we celebrate 
the recent passage of a national public lands bill that protects over 
180,000 acres of wilderness in Washington County, UT, for future 
generations. The more than 9 million acres of lands that would be 
protected by this legislation surround eleven of Utah's national park, 
monument and recreation areas. These proposed BLM wilderness areas 
easily equal their neighboring national parklands in scenic beauty, 
opportunities for recreation, and ecological importance. Yet, unlike 
the parks, most of these scenic treasures lack any form of long-term 
protection from commercial development, damaging off-road vehicle use, 
or oil and gas exploration.
  Americans understand the need for wise stewardship of these wild 
landscapes. This legislation represents a realistic balance between the 
need to

[[Page S4345]]

protect our natural heritage and demand for energy. While wilderness 
designation has been portrayed as a barrier to energy independence, it 
is important to note that within the entire 9.4 million acres of 
America's Red Rock Wilderness Act the amount of ``technically 
recoverable'' undiscovered natural gas and oil resources amounts to 
less than four days of oil and four weeks of natural gas at current 
consumption levels. In fact, protecting these lands benefits local 
economies because of the recreational opportunities they provide.
  Unfortunately, scientists have already begun to see the impacts of 
global warming on public lands throughout the West. Hotter and drier 
conditions, larger wildfires, shrinking water resources, the spread of 
invasive species, soil erosion, and dust storms are all expected to 
increase over the next century. These threats make the need to protect 
the remaining undisturbed landscapes and wildlife habitats in Utah's 
red rock wilderness even more urgent.
  America's Red Rock Wilderness Act is a lasting gift to the American 
public. By protecting this serene yet wild land we are giving future 
generations the opportunity to enjoy the same untrammeled landscape 
that so many now cherish.
  I would like to thank my colleagues who are original cosponsors of 
this measure. Origin cosponsors are Senators Boxer, Cantwell, Cardin, 
Feingold, Harkin, Kennedy, Kerry, Lautenberg, Leahy, Lieberman, 
Menendez, Reed, Sanders, Stabenow, and Whitehouse. Additionally, I 
would like to thank the Utah Wilderness Coalition, which includes The 
Wilderness Society, the Sierra Club, the Natural Resources Defense 
Council, Earthjustice, and the Wasatch Mountain Club; the Southern Utah 
Wilderness Alliance; and all of the other national, regional and local, 
hard-working groups who, for years, have championed this legislation.
  Theodore Roosevelt once stated:

       The Nation behaves well if it treats the natural resources 
     as assets which it must turn over to the next generation 
     increased and not impaired in value.

  Enactment of this legislation will help us realize Roosevelt's 
vision. To protect these precious resources in Utah for future 
generations, I urge my colleagues to support America's Red Rock 
Wilderness Act.
  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. 799

       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 ``America's 
     Red Rock Wilderness Act of 2009''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                TITLE I--DESIGNATION OF WILDERNESS AREAS

Sec. 101. Great Basin Wilderness Areas.
Sec. 102. Zion and Mojave Desert Wilderness Areas.
Sec. 103. Grand Staircase-Escalante Wilderness Areas.
Sec. 104. Moab-La Sal Canyons Wilderness Areas.
Sec. 105. Henry Mountains Wilderness Areas.
Sec. 106. Glen Canyon Wilderness Areas.
Sec. 107. San Juan-Anasazi Wilderness Areas.
Sec. 108. Canyonlands Basin Wilderness Areas.
Sec. 109. San Rafael Swell Wilderness Areas.
Sec. 110. Book Cliffs and Uinta Basin Wilderness Areas.

                  TITLE II--ADMINISTRATIVE PROVISIONS

Sec. 201. General provisions.
Sec. 202. Administration.
Sec. 203. State school trust land within wilderness areas.
Sec. 204. Water.
Sec. 205. Roads.
Sec. 206. Livestock.
Sec. 207. Fish and wildlife.
Sec. 208. Management of newly acquired land.
Sec. 209. Withdrawal.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Bureau of Land 
     Management.
       (2) State.--The term ``State'' means the State of Utah.

                TITLE I--DESIGNATION OF WILDERNESS AREAS

     SEC. 101. GREAT BASIN WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) the Great Basin region of western Utah is comprised of 
     starkly beautiful mountain ranges that rise as islands from 
     the desert floor;
       (2) the Wah Wah Mountains in the Great Basin region are 
     arid and austere, with massive cliff faces and leathery 
     slopes speckled with pinon and juniper;
       (3) the Pilot Range and Stansbury Mountains in the Great 
     Basin region are high enough to draw moisture from passing 
     clouds and support ecosystems found nowhere else on earth;
       (4) from bristlecone pine, the world's oldest living 
     organism, to newly-flowered mountain meadows, mountains of 
     the Great Basin region are islands of nature that--
       (A) support remarkable biological diversity; and
       (B) provide opportunities to experience the colossal 
     silence of the Great Basin; and
       (5) the Great Basin region of western Utah should be 
     protected and managed to ensure the preservation of the 
     natural conditions of the region.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Antelope Range (approximately 17,000 acres).
       (2) Barn Hills (approximately 20,000 acres).
       (3) Black Hills (approximately 9,000 acres).
       (4) Bullgrass Knoll (approximately 15,000 acres).
       (5) Burbank Hills/Tunnel Spring (approximately 92,000 
     acres).
       (6) Conger Mountains (approximately 21,000 acres).
       (7) Crater Bench (approximately 35,000 acres).
       (8) Crater and Silver Island Mountains (approximately 
     121,000 acres).
       (9) Cricket Mountains Cluster (approximately 62,000 acres).
       (10) Deep Creek Mountains (approximately 126,000 acres).
       (11) Drum Mountains (approximately 39,000 acres).
       (12) Dugway Mountains (approximately 24,000 acres).
       (13) Essex Canyon (approximately 1,300 acres).
       (14) Fish Springs Range (approximately 64,000 acres).
       (15) Granite Peak (approximately 19,000 acres).
       (16) Grassy Mountains (approximately 23,000 acres).
       (17) Grouse Creek Mountains (approximately 15,000 acres).
       (18) House Range (approximately 201,000 acres).
       (19) Keg Mountains (approximately 38,000 acres).
       (20) Kern Mountains (approximately 15,000 acres).
       (21) King Top (approximately 110,000 acres).
       (22) Ledger Canyon (approximately 9,000 acres).
       (23) Little Goose Creek (approximately 1,200 acres).
       (24) Middle/Granite Mountains (approximately 80,000 acres).
       (25) Mountain Home Range (approximately 90,000 acres).
       (26) Newfoundland Mountains (approximately 22,000 acres).
       (27) Ochre Mountain (approximately 13,000 acres).
       (28) Oquirrh Mountains (approximately 9,000 acres).
       (29) Painted Rock Mountain (approximately 26,000 acres).
       (30) Paradise/Steamboat Mountains (approximately 144,000 
     acres).
       (31) Pilot Range (approximately 45,000 acres).
       (32) Red Tops (approximately 28,000 acres).
       (33) Rockwell-Little Sahara (approximately 21,000 acres).
       (34) San Francisco Mountains (approximately 39,000 acres).
       (35) Sand Ridge (approximately 73,000 acres).
       (36) Simpson Mountains (approximately 42,000 acres).
       (37) Snake Valley (approximately 100,000 acres).
       (38) Stansbury Island (approximately 10,000 acres).
       (39) Stansbury Mountains (approximately 24,000 acres).
       (40) Thomas Range (approximately 36,000 acres).
       (41) Tule Valley (approximately 159,000 acres).
       (42) Wah Wah Mountains (approximately 167,000 acres).
       (43) Wasatch/Sevier Plateaus (approximately 29,000 acres).
       (44) White Rock Range (approximately 5,200 acres).

     SEC. 102. ZION AND MOJAVE DESERT WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) the renowned landscape of Zion National Park, including 
     soaring cliff walls, forested plateaus, and deep narrow 
     gorges, extends beyond the boundaries of the Park onto 
     surrounding public land managed by the Secretary;
       (2) from the pink sand dunes of Moquith Mountain to the 
     golden pools of Beaver Dam Wash, the Zion and Mojave Desert 
     areas encompass 3 major provinces of the Southwest that 
     include--
       (A) the sculpted canyon country of the Colorado Plateau;

[[Page S4346]]

       (B) the Mojave Desert; and
       (C) portions of the Great Basin;
       (3) the Zion and Mojave Desert areas display a rich mosaic 
     of biological, archaeological, and scenic diversity;
       (4) 1 of the last remaining populations of threatened 
     desert tortoise is found within this region; and
       (5) the Zion and Mojave Desert areas in Utah should be 
     protected and managed as wilderness areas.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Beaver Dam Mountains (approximately 30,000 acres).
       (2) Beaver Dam Wash (approximately 23,000 acres).
       (3) Beaver Dam Wilderness Expansion (approximately 8,000 
     acres).
       (4) Canaan Mountain (approximately 67,000 acres).
       (5) Cottonwood Canyon (approximately 12,000 acres).
       (6) Cougar Canyon/Docs Pass (approximately 41,000 acres).
       (7) Joshua Tree (approximately 12,000 acres).
       (8) Mount Escalante (approximately 17,000 acres).
       (9) Parunuweap Canyon (approximately 43,000 acres).
       (10) Red Butte (approximately 4,500 acres).
       (11) Red Mountain (approximately 21,000 acres).
       (12) Scarecrow Peak (approximately 16,000 acres).
       (13) Square Top Mountain (approximately 23,000 acres).
       (14) Zion Adjacent (approximately 58,000 acres).

     SEC. 103. GRAND STAIRCASE-ESCALANTE WILDERNESS AREAS.

       (a) Grand Staircase Area.--
       (1) Findings.--Congress finds that--
       (A) the area known as the Grand Staircase rises more than 
     6,000 feet in a series of great cliffs and plateaus from the 
     depths of the Grand Canyon to the forested rim of Bryce 
     Canyon;
       (B) the Grand Staircase--
       (i) spans 6 major life zones, from the lower Sonoran Desert 
     to the alpine forest; and
       (ii) encompasses geologic formations that display 
     3,000,000,000 years of Earth's history;
       (C) land managed by the Secretary lines the intricate 
     canyon system of the Paria River and forms a vital natural 
     corridor connection to the deserts and forests of those 
     national parks;
       (D) land described in paragraph (2) (other than East of 
     Bryce, Upper Kanab Creek, Moquith Mountain, Bunting Point, 
     and Vermillion Cliffs) is located within the Grand Staircase-
     Escalante National Monument; and
       (E) the Grand Staircase in Utah should be protected and 
     managed as a wilderness area.
       (2) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (A) Bryce View (approximately 4,500 acres).
       (B) Bunting Point (approximately 11,000 acres).
       (C) Canaan Peak Slopes (approximately 2,300 acres).
       (D) East of Bryce (approximately 750 acres).
       (E) Glass Eye Canyon (approximately 24,000 acres).
       (F) Ladder Canyon (approximately 14,000 acres).
       (G) Moquith Mountain (approximately 16,000 acres).
       (H) Nephi Point (approximately 14,000 acres).
       (I) Paria-Hackberry (approximately 188,000 acres).
       (J) Paria Wilderness Expansion (approximately 3,300 acres).
       (K) Pine Hollow (approximately 11,000 acres).
       (L) Slopes of Bryce (approximately 2,600 acres).
       (M) Timber Mountain (approximately 51,000 acres).
       (N) Upper Kanab Creek (approximately 49,000 acres).
       (O) Vermillion Cliffs (approximately 26,000 acres).
       (P) Willis Creek (approximately 21,000 acres).
       (b) Kaiparowits Plateau.--
       (1) Findings.--Congress finds that--
       (A) the Kaiparowits Plateau east of the Paria River is 1 of 
     the most rugged and isolated wilderness regions in the United 
     States;
       (B) the Kaiparowits Plateau, a windswept land of harsh 
     beauty, contains distant vistas and a remarkable variety of 
     plant and animal species;
       (C) ancient forests, an abundance of big game animals, and 
     22 species of raptors thrive undisturbed on the grassland 
     mesa tops of the Kaiparowits Plateau;
       (D) each of the areas described in paragraph (2) (other 
     than Heaps Canyon, Little Valley, and Wide Hollow) is located 
     within the Grand Staircase-Escalante National Monument; and
       (E) the Kaiparowits Plateau should be protected and managed 
     as a wilderness area.
       (2) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (A) Andalex Not (approximately 18,000 acres).
       (B) The Blues (approximately 21,000 acres).
       (C) Box Canyon (approximately 2,800 acres).
       (D) Burning Hills (approximately 80,000 acres).
       (E) Carcass Canyon (approximately 83,000 acres).
       (F) The Cockscomb (approximately 11,000 acres).
       (G) Fiftymile Bench (approximately 12,000 acres).
       (H) Fiftymile Mountain (approximately 203,000 acres).
       (I) Heaps Canyon (approximately 4,000 acres).
       (J) Horse Spring Canyon (approximately 31,000 acres).
       (K) Kodachrome Headlands (approximately 10,000 acres).
       (L) Little Valley Canyon (approximately 4,000 acres).
       (M) Mud Spring Canyon (approximately 65,000 acres).
       (N) Nipple Bench (approximately 32,000 acres).
       (O) Paradise Canyon-Wahweap (approximately 262,000 acres).
       (P) Rock Cove (approximately 16,000 acres).
       (Q) Warm Creek (approximately 23,000 acres).
       (R) Wide Hollow (approximately 6,800 acres).
       (c) Escalante Canyons.--
       (1) Findings.--Congress finds that--
       (A) glens and coves carved in massive sandstone cliffs, 
     spring-watered hanging gardens, and the silence of ancient 
     Anasazi ruins are examples of the unique features that entice 
     hikers, campers, and sightseers from around the world to 
     Escalante Canyon;
       (B) Escalante Canyon links the spruce fir forests of the 
     11,000-foot Aquarius Plateau with winding slickrock canyons 
     that flow into Glen Canyon;
       (C) Escalante Canyon, 1 of Utah's most popular natural 
     areas, contains critical habitat for deer, elk, and wild 
     bighorn sheep that also enhances the scenic integrity of the 
     area;
       (D) each of the areas described in paragraph (2) is located 
     within the Grand Staircase-Escalante National Monument; and
       (E) Escalante Canyon should be protected and managed as a 
     wilderness area.
       (2) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (A) Brinkerhof Flats (approximately 3,000 acres).
       (B) Colt Mesa (approximately 28,000 acres).
       (C) Death Hollow (approximately 49,000 acres).
       (D) Forty Mile Gulch (approximately 6,600 acres).
       (E) Hurricane Wash (approximately 9,000 acres).
       (F) Lampstand (approximately 7,900 acres).
       (G) Muley Twist Flank (approximately 3,600 acres).
       (H) North Escalante Canyons (approximately 176,000 acres).
       (I) Pioneer Mesa (approximately 11,000 acres).
       (J) Scorpion (approximately 53,000 acres).
       (K) Sooner Bench (approximately 390 acres).
       (L) Steep Creek (approximately 35,000 acres).
       (M) Studhorse Peaks (approximately 24,000 acres).

     SEC. 104. MOAB-LA SAL CANYONS WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) the canyons surrounding the La Sal Mountains and the 
     town of Moab offer a variety of extraordinary landscapes;
       (2) outstanding examples of natural formations and 
     landscapes in the Moab-La Sal area include the huge sandstone 
     fins of Behind the Rocks, the mysterious Fisher Towers, and 
     the whitewater rapids of Westwater Canyon; and
       (3) the Moab-La Sal area should be protected and managed as 
     a wilderness area.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Arches Adjacent (approximately 12,000 acres).
       (2) Beaver Creek (approximately 41,000 acres).
       (3) Behind the Rocks and Hunters Canyon (approximately 
     22,000 acres).
       (4) Big Triangle (approximately 20,000 acres).
       (5) Coyote Wash (approximately 28,000 acres).
       (6) Dome Plateau-Professor Valley (approximately 35,000 
     acres).
       (7) Fisher Towers (approximately 18,000 acres).
       (8) Goldbar Canyon (approximately 9,000 acres).
       (9) Granite Creek (approximately 5,000 acres).
       (10) Mary Jane Canyon (approximately 25,000 acres).
       (11) Mill Creek (approximately 14,000 acres).
       (12) Porcupine Rim and Morning Glory (approximately 20,000 
     acres).
       (13) Renegade Point (approximately 6,600 acres).
       (14) Westwater Canyon (approximately 37,000 acres).

[[Page S4347]]

       (15) Yellow Bird (approximately 4,200 acres).

     SEC. 105. HENRY MOUNTAINS WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) the Henry Mountain Range, the last mountain range to be 
     discovered and named by early explorers in the contiguous 
     United States, still retains a wild and undiscovered quality;
       (2) fluted badlands that surround the flanks of 11,000-foot 
     Mounts Ellen and Pennell contain areas of critical habitat 
     for mule deer and for the largest herd of free-roaming 
     buffalo in the United States;
       (3) despite their relative accessibility, the Henry 
     Mountain Range remains 1 of the wildest, least-known ranges 
     in the United States; and
       (4) the Henry Mountain range should be protected and 
     managed to ensure the preservation of the range as a 
     wilderness area.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System.
       (1) Bull Mountain (approximately 16,000 acres).
       (2) Bullfrog Creek (approximately 35,000 acres).
       (3) Dogwater Creek (approximately 3,400 acres).
       (4) Fremont Gorge (approximately 20,000 acres).
       (5) Long Canyon (approximately 16,000 acres).
       (6) Mount Ellen-Blue Hills (approximately 140,000 acres).
       (7) Mount Hillers (approximately 21,000 acres).
       (8) Mount Pennell (approximately 147,000 acres).
       (9) Notom Bench (approximately 6,200 acres).
       (10) Oak Creek (approximately 1,700 acres).
       (11) Ragged Mountain (approximately 28,000 acres).

     SEC. 106. GLEN CANYON WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) the side canyons of Glen Canyon, including the Dirty 
     Devil River and the Red, White and Blue Canyons, contain some 
     of the most remote and outstanding landscapes in southern 
     Utah;
       (2) the Dirty Devil River, once the fortress hideout of 
     outlaw Butch Cassidy's Wild Bunch, has sculpted a maze of 
     slickrock canyons through an imposing landscape of monoliths 
     and inaccessible mesas;
       (3) the Red and Blue Canyons contain colorful Chinle/
     Moenkopi badlands found nowhere else in the region; and
       (4) the canyons of Glen Canyon in the State should be 
     protected and managed as wilderness areas.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Cane Spring Desert (approximately 18,000 acres).
       (2) Dark Canyon (approximately 134,000 acres).
       (3) Dirty Devil (approximately 242,000 acres).
       (4) Fiddler Butte (approximately 92,000 acres).
       (5) Flat Tops (approximately 30,000 acres).
       (6) Little Rockies (approximately 64,000 acres).
       (7) The Needle (approximately 11,000 acres).
       (8) Red Rock Plateau (approximately 213,000 acres).
       (9) White Canyon (approximately 98,000 acres).

     SEC. 107. SAN JUAN-ANASAZI WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) more than 1,000 years ago, the Anasazi Indian culture 
     flourished in the slickrock canyons and on the pinon-covered 
     mesas of southeastern Utah;
       (2) evidence of the ancient presence of the Anasazi 
     pervades the Cedar Mesa area of the San Juan-Anasazi area 
     where cliff dwellings, rock art, and ceremonial kivas 
     embellish sandstone overhangs and isolated benchlands;
       (3) the Cedar Mesa area is in need of protection from the 
     vandalism and theft of its unique cultural resources;
       (4) the Cedar Mesa wilderness areas should be created to 
     protect both the archaeological heritage and the 
     extraordinary wilderness, scenic, and ecological values of 
     the United States; and
       (5) the San Juan-Anasazi area should be protected and 
     managed as a wilderness area to ensure the preservation of 
     the unique and valuable resources of that area.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Allen Canyon (approximately 5,900 acres).
       (2) Arch Canyon (approximately 30,000 acres).
       (3) Comb Ridge (approximately 15,000 acres).
       (4) East Montezuma (approximately 45,000 acres).
       (5) Fish and Owl Creek Canyons (approximately 73,000 
     acres).
       (6) Grand Gulch (approximately 159,000 acres).
       (7) Hammond Canyon (approximately 4,400 acres).
       (8) Nokai Dome (approximately 93,000 acres).
       (9) Road Canyon (approximately 63,000 acres).
       (10) San Juan River (Sugarloaf) (approximately 15,000 
     acres).
       (11) The Tabernacle (approximately 7,000 acres).
       (12) Valley of the Gods (approximately 21,000 acres).

     SEC. 108. CANYONLANDS BASIN WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) Canyonlands National Park safeguards only a small 
     portion of the extraordinary red-hued, cliff-walled 
     canyonland region of the Colorado Plateau;
       (2) areas near Arches National Park and Canyonlands 
     National Park contain canyons with rushing perennial streams, 
     natural arches, bridges, and towers;
       (3) the gorges of the Green and Colorado Rivers lie on 
     adjacent land managed by the Secretary;
       (4) popular overlooks in Canyonlands Nations Park and Dead 
     Horse Point State Park have views directly into adjacent 
     areas, including Lockhart Basin and Indian Creek; and
       (5) designation of those areas as wilderness would ensure 
     the protection of this erosional masterpiece of nature and of 
     the rich pockets of wildlife found within its expanded 
     boundaries.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Bridger Jack Mesa (approximately 33,000 acres).
       (2) Butler Wash (approximately 27,000 acres).
       (3) Dead Horse Cliffs (approximately 5,300 acres).
       (4) Demon's Playground (approximately 3,700 acres).
       (5) Duma Point (approximately 14,000 acres).
       (6) Gooseneck (approximately 9,000 acres).
       (7) Hatch Point Canyons/Lockhart Basin (approximately 
     149,000 acres).
       (8) Horsethief Point (approximately 15,000 acres).
       (9) Indian Creek (approximately 28,000 acres).
       (10) Labyrinth Canyon (approximately 150,000 acres).
       (11) San Rafael River (approximately 101,000 acres).
       (12) Shay Mountain (approximately 14,000 acres).
       (13) Sweetwater Reef (approximately 69,000 acres).
       (14) Upper Horseshoe Canyon (approximately 60,000 acres).

     SEC. 109. SAN RAFAEL SWELL WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) the San Rafael Swell towers above the desert like a 
     castle, ringed by 1,000-foot ramparts of Navajo Sandstone;
       (2) the highlands of the San Rafael Swell have been 
     fractured by uplift and rendered hollow by erosion over 
     countless millennia, leaving a tremendous basin punctuated by 
     mesas, buttes, and canyons and traversed by sediment-laden 
     desert streams;
       (3) among other places, the San Rafael wilderness offers 
     exceptional back country opportunities in the colorful Wild 
     Horse Badlands, the monoliths of North Caineville Mesa, the 
     rock towers of Cliff Wash, and colorful cliffs of Humbug 
     Canyon;
       (4) the mountains within these areas are among Utah's most 
     valuable habitat for desert bighorn sheep; and
       (5) the San Rafael Swell area should be protected and 
     managed to ensure its preservation as a wilderness area.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System:
       (1) Cedar Mountain (approximately 15,000 acres).
       (2) Devils Canyon (approximately 23,000 acres).
       (3) Eagle Canyon (approximately 38,000 acres).
       (4) Factory Butte (approximately 22,000 acres).
       (5) Hondu Country (approximately 20,000 acres).
       (6) Jones Bench (approximately 2,800 acres).
       (7) Limestone Cliffs (approximately 25,000 acres).
       (8) Lost Spring Wash (approximately 37,000 acres).
       (9) Mexican Mountain (approximately 100,000 acres).
       (10) Molen Reef (approximately 33,000 acres).
       (11) Muddy Creek (approximately 240,000 acres).
       (12) Mussentuchit Badlands (approximately 25,000 acres).
       (13) Pleasant Creek Bench (approximately 1,100 acres).
       (14) Price River-Humbug (approximately 120,000 acres).
       (15) Red Desert (approximately 40,000 acres).
       (16) Rock Canyon (approximately 18,000 acres).
       (17) San Rafael Knob (approximately 15,000 acres).
       (18) San Rafael Reef (approximately 114,000 acres).

[[Page S4348]]

       (19) Sids Mountain (approximately 107,000 acres).
       (20) Upper Muddy Creek (approximately 19,000 acres).
       (21) Wild Horse Mesa (approximately 92,000 acres).

     SEC. 110. BOOK CLIFFS AND UINTA BASIN WILDERNESS AREAS.

       (a) Findings.--Congress finds that--
       (1) the Book Cliffs and Uinta Basin wilderness areas 
     offer--
       (A) unique big game hunting opportunities in verdant high-
     plateau forests;
       (B) the opportunity for float trips of several days 
     duration down the Green River in Desolation Canyon; and
       (C) the opportunity for calm water canoe weekends on the 
     White River;
       (2) the long rampart of the Book Cliffs bounds the area on 
     the south, while seldom-visited uplands, dissected by the 
     rivers and streams, slope away to the north into the Uinta 
     Basin;
       (3) bears, Bighorn sheep, cougars, elk, and mule deer 
     flourish in the back country of the Book Cliffs; and
       (4) the Book Cliffs and Uinta Basin areas should be 
     protected and managed to ensure the protection of the areas 
     as wilderness.
       (b) Designation.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the State are 
     designated as wilderness areas and as components of the 
     National Wilderness Preservation System.
       (1) Bourdette Draw (approximately 15,000 acres).
       (2) Bull Canyon (approximately 2,800 acres).
       (3) Chipeta (approximately 95,000 acres).
       (4) Dead Horse Pass (approximately 8,000 acres).
       (5) Desbrough Canyon (approximately 13,000 acres).
       (6) Desolation Canyon (approximately 557,000 acres).
       (7) Diamond Breaks (approximately 9,000 acres).
       (8) Diamond Canyon (approximately 166,000 acres).
       (9) Diamond Mountain (also known as ``Wild Mountain'') 
     (approximately 27,000 acres).
       (10) Dinosaur Adjacent (approximately 10,000 acres).
       (11) Goslin Mountain (approximately 4,900 acres).
       (12) Hideout Canyon (approximately 12,000 acres).
       (13) Lower Bitter Creek (approximately 14,000 acres).
       (14) Lower Flaming Gorge (approximately 21,000 acres).
       (15) Mexico Point (approximately 15,000 acres).
       (16) Moonshine Draw (also known as ``Daniels Canyon'') 
     (approximately 10,000 acres).
       (17) Mountain Home (approximately 9,000 acres).
       (18) O-Wi-Yu-Kuts (approximately 13,000 acres).
       (19) Red Creek Badlands (approximately 3,600 acres).
       (20) Seep Canyon (approximately 21,000 acres).
       (21) Sunday School Canyon (approximately 18,000 acres).
       (22) Survey Point (approximately 8,000 acres).
       (23) Turtle Canyon (approximately 39,000 acres).
       (24) White River (approximately 24,500 acres).
       (25) Winter Ridge (approximately 38,000 acres).
       (26) Wolf Point (approximately 15,000 acres).

                  TITLE II--ADMINISTRATIVE PROVISIONS

     SEC. 201. GENERAL PROVISIONS.

       (a) Names of Wilderness Areas.--Each wilderness area named 
     in title I shall--
       (1) consist of the quantity of land referenced with respect 
     to that named area, as generally depicted on the map entitled 
     ``Utah BLM Wilderness Proposed by H.R. [___], 111th 
     Congress''; and
       (2) be known by the name given to it in title I.
       (b) Map and Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and a 
     legal description of each wilderness area designated by this 
     Act with--
       (A) the Committee on Natural Resources of the House of 
     Representatives; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate.
       (2) Force of law.--A map and legal description filed under 
     paragraph (1) shall have the same force and effect as if 
     included in this Act, except that the Secretary may correct 
     clerical and typographical errors in the map and legal 
     description.
       (3) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be filed and made available 
     for public inspection in the Office of the Director of the 
     Bureau of Land Management.

     SEC. 202. ADMINISTRATION.

       Subject to valid rights in existence on the date of 
     enactment of this Act, each wilderness area designated under 
     this Act shall be administered by the Secretary in accordance 
     with--
       (1) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (2) the Wilderness Act (16 U.S.C. 1131 et seq.).

     SEC. 203. STATE SCHOOL TRUST LAND WITHIN WILDERNESS AREAS.

       (a) In General.--Subject to subsection (b), if State-owned 
     land is included in an area designated by this Act as a 
     wilderness area, the Secretary shall offer to exchange land 
     owned by the United States in the State of approximately 
     equal value in accordance with section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)) 
     and section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)).
       (b) Mineral Interests.--The Secretary shall not transfer 
     any mineral interests under subsection (a) unless the State 
     transfers to the Secretary any mineral interests in land 
     designated by this Act as a wilderness area.

     SEC. 204. WATER.

       (a) Reservation.--
       (1) Water for wilderness areas.--
       (A) In general.--With respect to each wilderness area 
     designated by this Act, Congress reserves a quantity of water 
     determined by the Secretary to be sufficient for the 
     wilderness area.
       (B) Priority date.--The priority date of a right reserved 
     under subparagraph (A) shall be the date of enactment of this 
     Act.
       (2) Protection of rights.--The Secretary and other officers 
     and employees of the United States shall take any steps 
     necessary to protect the rights reserved by paragraph (1)(A), 
     including the filing of a claim for the quantification of the 
     rights in any present or future appropriate stream 
     adjudication in the courts of the State--
       (A) in which the United States is or may be joined; and
       (B) that is conducted in accordance with section 208 of the 
     Department of Justice Appropriation Act, 1953 (66 Stat. 560, 
     chapter 651).
       (b) Prior Rights Not Affected.--Nothing in this Act 
     relinquishes or reduces any water rights reserved or 
     appropriated by the United States in the State on or before 
     the date of enactment of this Act.
       (c) Administration.--
       (1) Specification of rights.--The Federal water rights 
     reserved by this Act are specific to the wilderness areas 
     designated by this Act.
       (2) No precedent established.--Nothing in this Act related 
     to reserved Federal water rights--
       (A) shall establish a precedent with regard to any future 
     designation of water rights; or
       (B) shall affect the interpretation of any other Act or any 
     designation made under any other Act.

     SEC. 205. ROADS.

       (a) Setbacks.--
       (1) Measurement in general.--A setback under this section 
     shall be measured from the center line of the road.
       (2) Wilderness on 1 side of roads.--Except as provided in 
     subsection (b), a setback for a road with wilderness on only 
     1 side shall be set at--
       (A) 300 feet from a paved Federal or State highway;
       (B) 100 feet from any other paved road or high standard 
     dirt or gravel road; and
       (C) 30 feet from any other road.
       (3) Wilderness on both sides of roads.--Except as provided 
     in subsection (b), a setback for a road with wilderness on 
     both sides (including cherry-stems or roads separating 2 
     wilderness units) shall be set at--
       (A) 200 feet from a paved Federal or State highway;
       (B) 40 feet from any other paved road or high standard dirt 
     or gravel road; and
       (C) 10 feet from any other roads.
       (b) Setback Exceptions.--
       (1) Well-defined topographical barriers.--If, between the 
     road and the boundary of a setback area described in 
     paragraph (2) or (3) of subsection (a), there is a well-
     defined cliff edge, streambank, or other topographical 
     barrier, the Secretary shall use the barrier as the 
     wilderness boundary.
       (2) Fences.--If, between the road and the boundary of a 
     setback area specified in paragraph (2) or (3) of subsection 
     (a), there is a fence running parallel to a road, the 
     Secretary shall use the fence as the wilderness boundary if, 
     in the opinion of the Secretary, doing so would result in a 
     more manageable boundary.
       (3) Deviations from setback areas.--
       (A) Exclusion of disturbances from wilderness boundaries.--
     In cases where there is an existing livestock development, 
     dispersed camping area, borrow pit, or similar disturbance 
     within 100 feet of a road that forms part of a wilderness 
     boundary, the Secretary may delineate the boundary so as to 
     exclude the disturbance from the wilderness area.
       (B) Limitation on exclusion of disturbances.--The Secretary 
     shall make a boundary adjustment under subparagraph (A) only 
     if the Secretary determines that doing so is consistent with 
     wilderness management goals.
       (C) Deviations restricted to minimum necessary.--Any 
     deviation under this paragraph from the setbacks required 
     under in paragraph (2) or (3) of subsection (a) shall be the 
     minimum necessary to exclude the disturbance.
       (c) Delineation Within Setback Area.--The Secretary may 
     delineate a wilderness boundary at a location within a 
     setback under paragraph (2) or (3) of subsection (a) if, as 
     determined by the Secretary, the delineation would enhance 
     wilderness management goals.

[[Page S4349]]

     SEC. 206. LIVESTOCK.

       Within the wilderness areas designated under title I, the 
     grazing of livestock authorized on the date of enactment of 
     this Act shall be permitted to continue subject to such 
     reasonable regulations and procedures as the Secretary 
     considers necessary, as long as the regulations and 
     procedures are consistent with--
       (1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (2) section 101(f) of the Arizona Desert Wilderness Act of 
     1990 (Public Law 101-628; 104 Stat. 4469).

     SEC. 207. FISH AND WILDLIFE.

       Nothing in this Act affects the jurisdiction of the State 
     with respect to wildlife and fish on the public land located 
     in the State.

     SEC. 208. MANAGEMENT OF NEWLY ACQUIRED LAND.

       Any land within the boundaries of a wilderness area 
     designated under this Act that is acquired by the Federal 
     Government shall--
       (1) become part of the wilderness area in which the land is 
     located; and
       (2) be managed in accordance with this Act and other laws 
     applicable to wilderness areas.

     SEC. 209. WITHDRAWAL.

       Subject to valid rights existing on the date of enactment 
     of this Act, the Federal land referred to in title I is 
     withdrawn from all forms of--
       (1) entry, appropriation, or disposal under public law;
       (2) location, entry, and patent under mining law; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.

  Mr. FEINGOLD. Mr. President, I am very pleased to again join with the 
Senior Senator from Illinois, Mr. Durbin, as an original cosponsor of 
legislation to designate areas of pristine Federal lands in Utah as 
wilderness.
  I support this legislation, for a few reasons, but most of all 
because I have personally seen what is at stake, and I know the 
marvelous resources that Wisconsinites and all Americans own in the 
Bureau of Land Management, BLM, lands of Southern Utah.
  I had an opportunity to travel twice to Utah and view firsthand some 
of the lands that would be designated for wilderness under Senator 
Durbin's bill. I was able to view most of the proposed wilderness areas 
from the air, and was able to enhance my understanding through hikes 
outside of the Zion National Park on the Dry Creek Bench wilderness 
unit contained in this proposal and inside the Grand Staircase-
Escalante National Monument to Upper Calf Creek Falls. I also viewed 
the lands proposed for designation in this bill from a river trip down 
the Colorado River, and in the San Rafael Swell with members of the 
Emery County government.
  Second, I support this legislation because I believe it sets the 
appropriate benchmark for the lands that should be protected in 
Southern Utah. I believe that when the Senate considers wilderness 
legislation it ought to know, as a benchmark, the full measure of those 
lands which are deserving of wilderness protection. This bill 
encompasses all the BLM lands of wilderness quality in Utah.
  Unfortunately, the Senate has not always had the benefit of 
considering wilderness designations for all of the deserving lands in 
Southern Utah. Last Congress, a provision was air-dropped into a bill 
considered by the Senate--without having been considered by the House 
or the Senate Energy and Natural Resources Committee--that designated 
less than 45 percent of the wilderness quality lands included in the 
America's Red Rock Wilderness Act for Washington County, Utah. 
Furthermore, the public lands package omitted a wilderness unit, Dry 
Creek, that Senator Bennett has previously agreed to protect in his 
Washington County Growth and Conservation Act of 2008, S. 2834. During 
the 104th Congress, I joined with the former Senator from New Jersey, 
Mr. Bradley, in opposing omnibus parks legislation that contained 
provisions, which were eventually removed, that many in my home State 
of Wisconsin believed not only designated as wilderness too little of 
the Bureau of Land Management's holding in Utah deserving of such 
protection, but also substantively changed the protections afforded 
designated lands under the Wilderness Act of 1964.
  The lands of Southern Utah are very special to the people of 
Wisconsin. In writing to me over the last few years, my constituents 
have described these lands as places of solitude, special family 
moments, and incredible beauty. In December 1997, Ron Raunikar of the 
Capital Times, a paper in Madison, WI, wrote: ``Other remaining 
wilderness in the U.S. is at first daunting, but then endearing and 
always a treasure for all Americans. The sensually sculpted slickrock 
of the Colorado Plateau and windswept crag lines of the Great Basin 
include some of the last of our country's wilderness, which is not 
fully protected. We must ask our elected officials to redress this 
circumstance, by enacting legislation which would protect those 
national lands within the boundaries of Utah. This wilderness is a 
treasure we can lose only once or a legacy we can be forever proud to 
bestow to our children.''
  I believe that the measure being introduced today will accomplish 
that goal. The measure protects wild lands that really are not done 
justice by any description. In my trip I found widely varied and 
distinct terrain, remarkable American resources of red rock cliff 
walls, desert, canyons and gorges which encompass the canyon country of 
the Colorado Plateau, the Mojave Desert and portions of the Great 
Basin. The lands also include mountain ranges in western Utah, and 
stark areas like the Grand Staircase-Escalante National Monument. These 
regions appeal to all types of American outdoor interests from hiking 
and sightseeing to hunting.
  Wisconsinites are watching this test case closely. I believe that 
Wisconsinites view the outcome of this fight to save Utah's lands as a 
sign of where the nation is headed with respect to its stewardship of 
natural resources. Legislation to protect existing wilderness ensures 
that future generations may have an experience on public lands equal to 
that which is available today. The action of Congress to preserve wild 
lands by extending the protections of the Wilderness Act of 1964 will 
publicly codify that expectation and promise.
  Finally, this legislation has earned my support, and deserves the 
support of others in this body, because all of the acres that will be 
protected under this bill are already public lands held in trust by the 
Federal Government for the people of the U.S. Thus, while they are 
physically located in Utah, their preservation is important to the 
citizens of Wisconsin as it is for other Americans. I am eager to work 
with my colleague from Illinois, Mr. Durbin, to protect these lands. I 
commend him for introducing this measure.
                                 ______
                                 
      By Ms. SNOWE (for herself and Mr. Casey):
  S. 800. A bill to require the President to update and modify the 
website recovery.gov; to the Committee on Homeland Security and 
Governmental Affairs.
  Ms. SNOWE. Mr. President, I rise to introduce legislation to enhance 
the availability of information to the public concerning the programs 
funded pursuant to the American Recovery and Reinvestment Act of 2009 
enacted in February. I am pleased to be joined by Senator Casey in 
introducing this bill.
  In a recent meeting that I had with constituents from the Maine 
Municipal Association, several questions arose regarding application 
deadlines and when funding will be distributed under the act. 
Additionally, because there is no centralized location listing the 
opportunities available, some Mayors and First Selectmen had little 
idea of all the programs for which they may be eligible. Indeed, the 
officials spoke of finding out about various programs either through 
meetings or colleagues, and they noted that a regularly updated online 
database of catalogued programs would be extremely useful.
  This modest bill would require that the administration's recovery.gov 
website be expanded so that States and localities can easily ascertain 
stimulus funds for which they may be eligible. Cities and towns could 
benefit greatly if they could use Recovery.gov to quickly learn about 
funding for which they may be eligible, application deadlines, and who 
to contact for more information. An enhanced website or 
``clearinghouse'' would facilitate the timely distribution of economic 
stimulus funds and ensure that they will be used as quickly and 
efficiently as possible to help restore economic growth throughout the 
country.
  I urge prompt consideration of this bill.
                                 ______
                                 
      By Mr. AKAKA (for himself, Mr. Burr, Mr. Tester, Mr. Burris, and 
        Mr. Rockefeller):

[[Page S4350]]

  S. 801. A bill to amend title 38, United States Code, to waive 
charges for humanitarian care provided by the Department of Veterans 
Affairs to family members accompanying veterans severely injured after 
September 11, 2001, as they receive medical care from the Department 
and to provide assistance to family caregivers, and for other purposes; 
to the Committee on Veterans' Affairs.
  Mr. AKAKA. Mr. President, today I am introducing legislation to 
create a program within the Department of Veterans Affairs for family 
caregivers. I am pleased to be joined by my colleagues Senator Burr, 
the Ranking Member of the Veterans' Affairs Committee, Senator Tester, 
Senator Burns, and Senator Rockefeller, former Chairman of the 
Committee.
  Some veterans returning from the recent wars in Iraq and Afghanistan, 
as well as previous conflicts, suffer from disabilities that prevent 
them from being fully independent. This is a sad fact of war. The 
legislation I am introducing today is designed to provide for several 
improvements in health care for veterans by supporting the family 
members who care for them.
  The challenges faced by family caregivers are well known to us. We 
have been working on this issue for nearly two years. Provisions that 
then-Senator Clinton included in a health care omnibus bill reported by 
the Committee last Congress would have provided for pilot programs to 
serve caregivers. We have since learned much more about the role family 
members play in caring for injured veterans, and the needs of family 
caregivers. I think we are now beyond the scope of that original pilot 
program and I believe that a full-fledged permanent program is needed 
in VA.
  First, it is well known that the involvement of family members in the 
provision of health care dramatically improves speed and success of 
recovery. This bill will give family members the resources needed to be 
involved in the care for their loved one. Second, many disabled 
veterans are not able to complete some tasks of daily living on their 
own, but do not require care in an institution. Allowing a veteran to 
remain in the home, while having family members meet the veteran's 
needs, will vastly improve quality of life for the veteran.
  Caregivers, who are members of a veteran's family, often put their 
lives on hold in order to provide care for the injured or disabled 
veteran at home. In some instances, these caregivers are unable to 
maintain regular jobs because of the time consumed in providing 
sufficient care to the veteran. This has the compound effect of 
decreasing household income, and possibly preventing the caregiver from 
keeping health insurance. This legislation would help alleviate these 
problems so as to allow the caregiver to focus entirely on caring for 
the veteran.
  This bill includes provisions for training and certifying family 
caregivers or personal care attendants. It would provide for mental 
health counseling, health care eligibility, a living stipend, and other 
critical services to support these caregivers. Additionally, this bill 
would make improvements to the services VA provides to family members 
who must travel to take the veteran to a VA facility to receive 
treatment.
  I look forward to working with all of our colleagues to pass this 
much needed legislation. I especially thank Senators Burr and 
Rockefeller for cosponsoring this bill. I would also like to thank the 
dedicated members of the Wounded Warrior Project and Paralyzed Veterans 
of America for their tireless efforts in support of this 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. 801

       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 ``Family Caregiver Program Act 
     of 2009''.

     SEC. 2. WAIVER OF CHARGES FOR HUMANITARIAN CARE PROVIDED TO 
                   FAMILY MEMBERS ACCOMPANYING CERTAIN SEVERELY 
                   INJURED VETERANS AS THEY RECEIVE MEDICAL CARE.

       The text of section 1784 of title 38, United States Code, 
     is amended to read as follows:
       ``(a) In General.--The Secretary may furnish hospital care 
     or medical services as a humanitarian service in emergency 
     cases.
       ``(b) Reimbursement.--Except as provided in subsection (c), 
     the Secretary shall charge for care and services provided 
     under subsection (a) at rates prescribed by the Secretary.
       ``(c) Waiver of Charges.--(1) Except as provided in 
     paragraph (2), the Secretary shall waive the charges required 
     by subsection (b) for care or services provided under 
     subsection (a) to an attendant of a covered veteran if such 
     care or services are provided to such attendant for an 
     emergency that occurs while such attendant is accompanying 
     such veteran while such veteran is receiving approved 
     inpatient or outpatient treatment at--
       ``(A) a Department facility; or
       ``(B) a non-Department facility--
       ``(i) that is under contract with the Department; or
       ``(ii) at which the veteran is receiving fee-basis care.
       ``(2) If an attendant is entitled to care or services under 
     a health-plan contract (as that term is defined in section 
     1725(f) of this title) or other contractual or legal recourse 
     against a third party that would, in part, extinguish 
     liability by charges described by subsection (b), the amount 
     of such charges waived under paragraph (1) shall be the 
     amount by which such charges exceed the amount of such 
     charges covered by the health-plan contract or other 
     contractual or legal recourse against the third party.
       ``(d) Definitions.--In this section:
       ``(1) The term `attendant' includes, with respect to a 
     veteran, the following:
       ``(A) A family member of the veteran.
       ``(B) An individual eligible to receive ongoing family 
     caregiver assistance under section 1717A(e)(1) of this title 
     for the provision of personal care services to the veteran.
       ``(C) Any other individual whom the Secretary determines--
       ``(i) has a relationship with the veteran sufficient to 
     demonstrate a close affinity with the veteran; and
       ``(ii) provides a significant portion of the veteran's 
     care.
       ``(2) The term `covered veteran' means any veteran with a 
     severe injury incurred or aggravated in the line of duty in 
     the active military, naval, or air service on or after 
     September 11, 2001.
       ``(3) The term `family member' with respect to a veteran, 
     includes the following:
       ``(A) The spouse of the veteran.
       ``(B) The child of the veteran.
       ``(C) A parent of the veteran.
       ``(D) A sibling of the veteran.
       ``(E) A cousin of the veteran.
       ``(F) An aunt of the veteran.
       ``(G) An uncle of the veteran.
       ``(H) A grandparent of the veteran.
       ``(I) A grandchild of the veteran.
       ``(J) A stepparent of the veteran.
       ``(K) A stepchild of the veteran.
       ``(L) A stepsibling of the veteran.
       ``(M) A parent-in-law of the veteran.
       ``(N) A sister-in-law of the veteran.
       ``(O) A brother-in-law of the veteran.
       ``(P) A cousin of the spouse of the veteran.
       ``(Q) An aunt of the spouse of the veteran.
       ``(R) An uncle of the spouse of the veteran.
       ``(S) A grandparent of the spouse of the veteran.
       ``(T) A grandchild of the spouse of the veteran.
       ``(U) A stepparent of the spouse of the veteran.
       ``(V) A stepsibling of the spouse of the veteran.
       ``(W) Such other individuals as the Secretary shall specify 
     in regulations for purposes of this section.
       ``(4) The term `severe injury' means, in the case of a 
     covered veteran, any injury as follows:
       ``(A) A physiological condition of the veteran if the 
     condition is a permanent or temporary severely disabling 
     disorder that compromises the ability of the veteran to carry 
     out one or more independent activities of daily living.
       ``(B) A psychological condition of the veteran if the 
     condition is rated at 30 or less on the Global Assessment of 
     Functioning (GAF) scale, as set forth in the Diagnostic and 
     Statistical Manual of Mental Disorders, Fourth Edition Text 
     Revision (DSM-IV-TR), or the most recent edition if different 
     than the Fourth Edition Text Revision, of the American 
     Psychiatric Association.
       ``(C) An injury for which the veteran needs supervision or 
     protection based on symptoms or residuals of neurological or 
     other impairment.
       ``(D) Any other injury of the veteran that is determined to 
     be a severe injury in accordance with regulations prescribed 
     by the Secretary for purposes of this section.''.

     SEC. 3. FAMILY CAREGIVER ASSISTANCE.

       (a) Requirement.--
       (1) In general.--Subchapter II of chapter 17 of title 38, 
     United States Code, is amended by inserting after section 
     1717 the following new section:

     ``Sec. 1717A. Family caregiver assistance

       ``(a) In General.--(1) As part of home health services 
     provided under section 1717 of this title, the Secretary 
     shall, upon the joint application of an eligible veteran and 
     a family member of such veteran (or other individual 
     designated by such veteran), furnish to such family member 
     (or designee) family caregiver assistance in accordance with 
     this section. The purpose of providing family caregiver 
     assistance under this section is--

[[Page S4351]]

       ``(A) to reduce the number of veterans who are receiving 
     institutional care, or who are in need of institutional care, 
     whose personal care service needs could be substantially 
     satisfied with the provision of such services by a family 
     member (or designee); and
       ``(B) to provide eligible veterans with additional options 
     so that they can choose the setting for the receipt of 
     personal care services that best suits their needs.
       ``(2) The Secretary shall only furnish family caregiver 
     assistance under this section to a family member of an 
     eligible veteran (or other individual designated by such 
     veteran) if the Secretary determines it is in the best 
     interest of the eligible veteran to do so.
       ``(b) Eligible Veterans.--(1) For purposes of this section, 
     an eligible veteran is a veteran (or member of the Armed 
     Forces undergoing medical discharge from the Armed Forces)--
       ``(A) who has a serious injury (including traumatic brain 
     injury, psychological trauma, or other mental disorder) 
     incurred or aggravated in line of duty in the active 
     military, naval, or air service on or after the date 
     described in paragraph (2); and
       ``(B) whom the Secretary determines, in consultation with 
     the Secretary of Defense as necessary, is in need of personal 
     care services because of--
       ``(i) an inability to perform one or more independent 
     activities of daily living;
       ``(ii) a need for supervision or protection based on 
     symptoms or residuals of neurological or other impairment or 
     injury; or
       ``(iii) such other matters as the Secretary shall establish 
     in consultation with the Secretary of Defense as appropriate.
       ``(2) The date described in this paragraph--
       ``(A) during the period beginning on the date of the 
     enactment of the Family Caregiver Program Act of 2009 and 
     ending two years after the date of the enactment of that Act, 
     is September 11, 2001; and
       ``(B) beginning on the first day after the date that is two 
     years after the date of the enactment of the Family Caregiver 
     Program Act of 2009, is the earliest date the Secretary 
     determines is appropriate to include the largest number of 
     veterans possible under this section without reducing the 
     quality of care provided to such veterans.
       ``(c) Evaluation of Eligible Veterans and Family 
     Caregivers.--(1) The Secretary shall evaluate each eligible 
     veteran who makes a joint application under subsection 
     (a)(1)--
       ``(A) to identify the personal care services required by 
     such veteran; and
       ``(B) to determine whether such requirements could be 
     significantly or substantially satisfied with the provision 
     of personal care services from a family member (or other 
     individual designated by the veteran).
       ``(2) The Secretary shall evaluate each family member of an 
     eligible veteran (or other individual designated by the 
     veteran) who makes a joint application under subsection 
     (a)(1) to determine--
       ``(A) the basic amount of instruction, preparation, and 
     training such family member (or designee) requires, if any, 
     to provide the personal care services required by such 
     veteran; and
       ``(B) the amount of additional instruction, preparation, 
     and training such family member (or designee) requires, if 
     any, to be the primary personal care attendant designated for 
     such veteran under subsection (e).
       ``(3) An evaluation carried out under paragraph (1) may be 
     carried out--
       ``(A) at a Department facility;
       ``(B) at a non-Department facility determined appropriate 
     by the Secretary for purposes of such evaluation; and
       ``(C) such other locations as the Secretary considers 
     appropriate.
       ``(d) Training and Certification.--(1) Except as provided 
     in subsection (a)(2), the Secretary shall provide each family 
     member of an eligible veteran (or other individual designated 
     by the veteran) who makes a joint application under 
     subsection (a)(1) the basic instruction, preparation, and 
     training determined to be required by such family member (or 
     designee) under subsection (c)(2)(A).
       ``(2) The Secretary may provide to a family member of an 
     eligible veteran (or other individual designated by the 
     veteran) the additional instruction, preparation, and 
     training determined to be required by such family member (or 
     designee) under subsection (c)(2)(B) if such family member 
     (or designee)--
       ``(A) is certified as a personal care attendant for the 
     veteran under paragraph (3); and
       ``(B) requests, with concurrence of the veteran, such 
     additional instruction, preparation, and training.
       ``(3) Upon the successful completion by a family member of 
     an eligible veteran (or other individual designated by the 
     veteran) of basic instruction, preparation, and training 
     provided under paragraph (1), the Secretary shall certify the 
     family member as a personal care attendant for the veteran.
       ``(4) If the Secretary determines that a primary personal 
     care attendant designated under subsection (e) requires 
     additional training to maintain such designation, the 
     Secretary shall make such training available to the primary 
     personal care attendant.
       ``(5) The Secretary shall, subject to regulations the 
     Secretary shall prescribe, provide for necessary travel, 
     lodging, and per diem expenses incurred by a family member of 
     an eligible veteran (or other individual designated by the 
     veteran) in undergoing training under this subsection.
       ``(6) If the participation of a family member of an 
     eligible veteran (or other individual designated by the 
     veteran) in training under this subsection would interfere 
     with the provision of personal care services to the veteran, 
     the Secretary shall, subject to regulations as the Secretary 
     shall prescribe and in consultation with the eligible 
     veteran, provide respite care to the eligible veteran during 
     the provision of such training to the family member so that 
     such family caregiver (or designee) can participate in such 
     training without interfering with the provision of such 
     services.
       ``(e) Designation of Primary Personal Care Attendant.--(1) 
     For each eligible veteran with at least one family member (or 
     other individual designated by the veteran) who is described 
     by subparagraphs (A) through (E) of paragraph (2), the 
     Secretary shall designate one family member of such veteran 
     (or other individual designated by the veteran) as the 
     primary personal care attendant for such veteran to be the 
     primary provider of personal care services for such veteran.
       ``(2) A primary personal care attendant designated for an 
     eligible veteran under paragraph (1) shall be selected from 
     among family members of such veteran (or other individuals 
     designated by such veteran) who--
       ``(A) are certified under subsection (d)(3) as a personal 
     care attendant for such veteran;
       ``(B) complete all additional instruction, preparation, and 
     training, if any, provided under subsection (d)(2);
       ``(C) elect to provide the personal care services to such 
     veteran that the Secretary determines such veteran requires 
     under subsection (c)(1);
       ``(D) has the consent of such veteran to be the primary 
     provider of such services for such veteran; and
       ``(E) the Secretary considers competent to be the primary 
     provider of such services for such veteran.
       ``(3) An eligible veteran receiving personal care services 
     from a family member (or other individual designated by the 
     veteran) designated as the primary personal care attendant 
     for the veteran under paragraph (1) may revoke consent with 
     respect to such family member (or designee) under paragraph 
     (2)(D) at any time.
       ``(4) If an individual designated as the primary personal 
     care attendant of an eligible veteran under paragraph (1) 
     subsequently fails to meet the requirements set forth in 
     paragraph (2), the Secretary--
       ``(A) shall immediately revoke the individual's designation 
     under paragraph (1); and
       ``(B) may designate, in consultation with the eligible 
     veteran or the eligible veteran's surrogate appointed under 
     subsection (g), a new primary personal care attendant for the 
     veteran under such paragraph.
       ``(5) The Secretary shall take such actions as may be 
     necessary to ensure that the revocation of a designation 
     under paragraph (1) does not interfere with the provision of 
     personal care services required by a veteran.
       ``(f) Ongoing Family Caregiver Assistance.--(1) Except as 
     provided in subsection (a)(2) and subject to the provisions 
     of this subsection, the Secretary shall provide ongoing 
     family caregiver assistance to family members of eligible 
     veterans (or other individuals designated by such veterans) 
     as follows:
       ``(A) To each family member of an eligible veteran (or 
     designee) who is certified under subsection (d)(3) as a 
     personal care attendant for the veteran the following:
       ``(i) Direct technical support consisting of information 
     and assistance to timely address routine, emergency, and 
     specialized caregiving needs.
       ``(ii) Counseling.
       ``(iii) Access to an interactive Internet website on 
     caregiver services that addresses all aspects of the 
     provision of personal care services under this section.
       ``(B) To each family member of an eligible veteran (or 
     designee) who is designated as the primary personal care 
     attendant for the veteran under subsection (e) the following:
       ``(i) The ongoing family caregiver assistance described in 
     subparagraph (A).
       ``(ii) Mental health services.
       ``(iii) Respite care of not less than 30 days annually, 
     including 24-hour per day care of the veteran commensurate 
     with the care provided by the family caregiver to permit 
     extended respite.
       ``(iv) Medical care under section 1781 of this title.
       ``(v) A monthly personal caregiver stipend.
       ``(2)(A) The Secretary shall provide respite care under 
     paragraph (1)(B)(iii), at the election of the Secretary--
       ``(i) through facilities of the Department that are 
     appropriate for the veteran; or
       ``(ii) through contracts under section 1720B(c) of this 
     title.
       ``(B) If the primary personal care attendant of an eligible 
     veteran designated under subsection (e)(1) determines in 
     consultation with the veteran or the veteran's surrogate 
     appointed under subsection (g), and the Secretary concurs, 
     that the needs of the veteran cannot be accommodated through 
     the facilities and contracts described in subparagraph (A), 
     the Secretary shall, in consultation with the primary 
     personal care attendant and the veteran (or the veteran's 
     surrogate), provide respite care through other facilities or 
     arrangements that are medically and age appropriate.
       ``(3)(A) The Secretary shall provide monthly personal 
     caregiver stipends under paragraph (1)(B)(v) in accordance 
     with a schedule established by the Secretary that specifies 
     stipends provided based upon the amount and degree of 
     personal care services provided.

[[Page S4352]]

       ``(B) The Secretary shall ensure, to the extent 
     practicable, that the schedule required by subparagraph (A) 
     specifies that the amount of the personal caregiver stipend 
     provided to a primary personal care attendant designated 
     under subsection (e)(1) for the provision of personal care 
     services to an eligible veteran is not less than the amount 
     the Secretary would pay a commercial home health care entity 
     in the geographic area of the veteran to provide equivalent 
     personal care services to the veteran.
       ``(C) If personal care services are not available from a 
     commercial provider in the geographic area of an eligible 
     veteran, the Secretary may establish the schedule required by 
     subparagraph (A) with respect to the veteran by considering 
     the costs of commercial providers of personal care services 
     in geographic areas other than the geographic area of the 
     veteran with similar costs of living.
       ``(4) Provision of ongoing family caregiver assistance 
     under this subsection for provision of personal care services 
     to an eligible veteran shall terminate if the eligible 
     veteran no longer requires the personal care services.
       ``(g) Surrogates.--If an eligible veteran lacks the 
     capacity to submit an application, provide consent, make a 
     request, or concur with a request under this section, the 
     Secretary may, in accordance with regulations and policies of 
     the Department regarding the appointment of guardians or the 
     use of powers of attorney, appoint a surrogate for the 
     veteran who may submit applications, provide consent, make 
     requests, or concur with requests on behalf of the veteran 
     under this section.
       ``(h) Oversight.--(1) The Secretary shall enter into 
     contracts with appropriate entities to provide oversight of 
     the provision of personal care services by primary personal 
     care attendants designated under subsection (e)(1) under this 
     section.
       ``(2) The Secretary shall ensure that each eligible veteran 
     receiving personal care services under this section from a 
     primary personal care attendant designated under subsection 
     (e)(1) is visited in the veteran's home by an entity 
     providing oversight under paragraph (1) at such frequency as 
     the Secretary shall determine under paragraph (3) to 
     determine if the care received by the veteran under this 
     section meets the needs of the veteran.
       ``(3)(A) Except as provided in subparagraph (B), the 
     Secretary shall determine the manner of oversight provided 
     under paragraph (1) and the frequency of visits under 
     paragraph (2) for an eligible veteran as the Secretary 
     considers commensurate with the needs of such eligible 
     veteran.
       ``(B) The frequency of visits under paragraph (2) for an 
     eligible veteran shall be not less frequent than once every 
     six months.
       ``(4)(A) An entity visiting an eligible veteran under 
     paragraph (2) shall submit to the Secretary the findings of 
     the entity with respect to each visit, including whether the 
     eligible veteran is receiving the care the eligible veteran 
     requires.
       ``(B) If an entity finds under subparagraph (A) that an 
     eligible veteran is not receiving the care the eligible 
     veteran requires, the entity shall submit to the Secretary a 
     recommendation on the corrective actions that should be taken 
     to ensure that the eligible veterans receives the care the 
     eligible veteran requires, including, if the entity considers 
     appropriate, a recommendation for revocation of a caregiver's 
     certification under subsection (d)(3) or revocation of the 
     designation of an individual under subsection (e)(1).
       ``(5) After receiving findings and recommendations, if any, 
     under paragraph (4) with respect to an eligible veteran, the 
     Secretary may take such actions as the Secretary considers 
     appropriate to ensure that the eligible veteran receives the 
     care the eligible veteran requires, including the following:
       ``(A) Revocation of a caregiver's certification under 
     subsection (d)(3).
       ``(B) Revocation of the designation of an individual under 
     subsection (e)(1).
       ``(6) If the Secretary terminates the provision of ongoing 
     family caregiver assistance under subsection (f) to a family 
     member of an eligible veteran (or other individual designated 
     by the veteran) because of findings of an entity submitted to 
     the Secretary under paragraph (4) of this subsection, the 
     Secretary may not provide compensation to such entity for the 
     provision of personal care services to such veteran, unless 
     the Secretary determines it would be in the best interest of 
     the eligible veteran to provide compensation to such entity 
     to provide such services.
       ``(i) Outreach.--The Secretary shall carry out a program of 
     outreach to inform eligible veterans and their family members 
     of the availability and nature of family caregiver 
     assistance.
       ``(j) Construction.--A decision by the Secretary under this 
     section affecting the furnishing of family caregiver 
     assistance shall be considered a medical determination.
       ``(k) Definitions.--In this section:
       ``(1) The term `family caregiver assistance' includes the 
     instruction, preparation, training, and certification 
     provided under subsection (d) and the ongoing family 
     caregiver assistance provided under subsection (f).
       ``(2) The term `family member' includes, with respect to a 
     veteran, the following:
       ``(A) The spouse of the veteran.
       ``(B) The child of the veteran.
       ``(C) A parent of the veteran.
       ``(D) A sibling of the veteran.
       ``(E) A cousin of the veteran.
       ``(F) An aunt of the veteran.
       ``(G) An uncle of the veteran.
       ``(H) A grandparent of the veteran.
       ``(I) A grandchild of the veteran.
       ``(J) A stepparent of the veteran.
       ``(K) A stepchild of the veteran.
       ``(L) A stepsibling of the veteran.
       ``(M) A parent-in-law of the veteran.
       ``(N) A sister-in-law of the veteran.
       ``(O) A brother-in-law of the veteran.
       ``(P) A cousin of the spouse of the veteran.
       ``(Q) An aunt of the spouse of the veteran.
       ``(R) An uncle of the spouse of the veteran.
       ``(S) A grandparent of the spouse of the veteran.
       ``(T) A grandchild of the spouse of the veteran.
       ``(U) A stepparent of the spouse of the veteran.
       ``(V) A stepsibling of the spouse of the veteran.
       ``(W) Such other individuals as the Secretary shall specify 
     in regulations for purposes of this section.
       ``(3) The term `personal care services' includes the 
     following:
       ``(A) Supervision.
       ``(B) Protection.
       ``(C) Services to assist a veteran with one or more 
     independent activities of daily living.
       ``(D) Such other services as the Secretary considers 
     appropriate.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 17 of such title is amended by inserting 
     after the item related to section 1717 the following new 
     item:

``1717A. Family caregiver assistance.''.
       (3) Authorization for provision of health care to personal 
     care attendants.--Section 1781(a) of such title is amended--
       (A) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (B) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) a family member of a veteran (or other individual 
     designated by the veteran) designated as the primary personal 
     care attendant for such veteran under section 1717A(e) of 
     this title,''.
       (4) Construction.--The furnishing of family caregiver 
     assistance under section 1717A of title 38, United States 
     Code, as added by paragraph (1), shall be construed to 
     supplement and not supplant the programs of the Department of 
     Veterans Affairs in existence on the date of the enactment of 
     this Act.
       (5) Effective date.--The amendments made by this subsection 
     shall take effect on the date that is 270 days after the date 
     of the enactment of this Act.
       (b) Implementation Plan and Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall--
       (A) develop a plan for the implementation of section 1717A 
     of title 38, United States Code, as added by subsection 
     (a)(1); and
       (B) submit to the Committee on Veterans' Affairs of the 
     Senate and the Committee on Veterans' Affairs of the House of 
     Representatives a report on such plan.
       (2) Consultation.--In developing the plan required by 
     paragraph (1)(A), the Secretary shall consult with the 
     following:
       (A) Veterans described in section 1717A(b) of title 38, 
     United States Code, as added by subsection (a)(1).
       (B) Family members of veterans who provider personal care 
     services to such veterans.
       (C) Veterans service organizations, as recognized by the 
     Secretary of Veterans Affairs for the representation of 
     veterans under section 5902 of title 38, United States Code.
       (D) Relevant national organizations that specialize in the 
     provision of assistance to individuals with the types of 
     disabilities that personal care attendants will encounter 
     while providing personal care services under section 1717A of 
     title 38, United States Code, as so added.
       (E) Such other organizations with an interest in the 
     provision of care to veterans as the Secretary considers 
     appropriate.
       (F) The Secretary of Defense with respect to matters 
     concerning personal care services for eligible veterans who 
     are members of the Armed Forces undergoing medical discharge 
     from the Armed Forces.
       (3) Report contents.--The report required by paragraph 
     (1)(B) shall contain the following:
       (A) The plan required by paragraph (1)(A).
       (B) A description of the veterans, caregivers, and 
     organizations consulted by the Secretary under paragraph (2).
       (C) A description of such consultations.
       (D) The recommendations of such veterans, caregivers, and 
     organizations, if any, that were not incorporated into the 
     plan required by paragraph (1)(A).
       (E) The reasons the Secretary did not incorporate such 
     recommendations into such plan.
       (c) Annual Evaluation Report.--
       (1) In general.--Not later than two years after the date 
     described in subsection (a)(4) and annually thereafter, the 
     Secretary shall submit to the Committee on Veterans' Affairs 
     of the Senate and the Committee on Veterans' Affairs of the 
     House of Representatives a comprehensive report on the 
     implementation of section 1717A of title 38, United States 
     Code, as added by subsection (a)(1).
       (2) Contents.--The report required by paragraph (1) shall 
     include the following:
       (A) The number of family members of veterans (or other 
     individuals designated by

[[Page S4353]]

     veterans) that received family caregiver assistance under 
     such section 1717A.
       (B) A description of the outreach activities carried out by 
     the Secretary in accordance with subsection (i) of such 
     section 1717A.
       (C) The resources expended by the Secretary under such 
     section 1717A.
       (D) An assessment of the manner in which resources are 
     expended by the Secretary under such section 1717A, 
     particularly with respect to the provision of monthly 
     personal caregiver stipends under subsection (f) of such 
     section.
       (E) A description of the outcomes achieved by, and any 
     measurable benefits of, carrying out the requirements of such 
     section 1717A.
       (F) A justification of any determination made under 
     subsection (b)(2) of such section 1717A.
       (G) An assessment of the effectiveness and the efficiency 
     of the implementation of such section 1717A.
       (H) An assessment of how the provision of family caregiver 
     assistance fits into the continuum of home health care 
     services and benefits provided to veterans in need of such 
     services and benefits.
       (I) Such recommendations, including recommendations for 
     legislative or administrative action, as the Secretary 
     considers appropriate in light of carrying out the 
     requirements of such section 1717A.

     SEC. 4. LODGING AND SUBSISTENCE FOR ATTENDANTS.

       Section 111(e) of title 38, United States Code, is 
     amended--
       (1) by striking ``When any'' and inserting ``(1) When 
     any'';
       (2) in paragraph (1), as designated by paragraph (1) of 
     this subsection--
       (A) by inserting ``(including lodging and subsistence)'' 
     after ``expenses of travel''; and
       (B) by inserting before the period at the end the 
     following: ``for the period consisting of travel to and from 
     a treatment facility and the duration of the treatment 
     episode''; and
       (3) by adding at the end the following:
       ``(2) The Secretary may prescribe regulations to carry out 
     this subsection. Such regulations may include provisions--
       ``(A) to limit the number of individuals that may receive 
     expenses of travel under paragraph (1) for a single treatment 
     episode of a person; and
       ``(B) to require attendants to use certain travel services.
       ``(3) In this subsection:
       ``(A) The term `attendant' includes, with respect to a 
     person described in paragraph (1), the following:
       ``(i) A family member of the person.
       ``(ii) An individual certified as a personal care attendant 
     under section 1717A(d)(3) of this title.
       ``(iii) Any other individual whom the Secretary 
     determines--
       ``(I) has a preexisting relationship with the person; and
       ``(II) provides a significant portion of the person's care.
       ``(B) The term `family member' includes, with respect to a 
     person described in paragraph (1), the following:
       ``(i) The spouse of the person.
       ``(ii) The child of the person.
       ``(iii) A parent of the person.
       ``(iv) A sibling of the person.
       ``(v) A cousin of the person.
       ``(vi) An aunt of the person.
       ``(vii) An uncle of the person.
       ``(viii) A grandparent of the person.
       ``(ix) A grandchild of the person.
       ``(x) A stepparent of the person.
       ``(xi) A stepchild of the person.
       ``(xii) A stepsibling of the person.
       ``(xiii) A parent-in-law of the person.
       ``(xiv) A sister-in-law of the person.
       ``(xv) A brother-in-law of the person.
       ``(xvi) A cousin of the spouse of the person.
       ``(xvii) An aunt of the spouse of the person.
       ``(xviii) An uncle of the spouse of the person.
       ``(xix) A grandparent of the spouse of the person.
       ``(xx) A grandchild of the spouse of the person.
       ``(xxi) A stepparent of the spouse of the person.
       ``(xxii) A stepsibling of the spouse of the person.
       ``(xxiii) Such other individuals as the Secretary shall 
     specify in regulations for purposes of this subsection.''.
                                 ______
                                 
      By Mr. Bingaman:
  S. 804. A bill to amend subpart 2 of part A of title I of the 
Elementary and Secondary Education Act of 1965 to establish incentives 
for States to extend the minimum length of the school year to 200 full 
days by 2014, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. BINGAMAN. Mr. President, I rise today to introduce the School Day 
Factor Act of 2009.
  This bill would encourage States to provide students with the time 
they need to master knowledge and skills they will need to succeed in 
the 21st century, and to provide teachers with sufficient time to 
deliver effective instruction.
  Twenty-first century learners, and their teachers, are faced with 
educational demands that simply did not exist decades ago. Right now, 
our economy is struggling. But we have a plan to get it back on track 
by investing aggressively in scientific R&D, and the deployment of new 
technologies. If we are to maintain and increase our Nation's 
competitiveness in the global economy for decades to come, we must 
allow every child the opportunity for a quality 21st century education. 
Today's students need to master mathematics, science, and technology, 
language arts and social studies, and they must also have opportunities 
to study foreign languages, the arts, and physical education. No one of 
these subject areas should be sacrificed at the expense of another. But 
that is the choices that teachers and students are faced with in 
schools across the United States. Teachers are being asked to cover 
more material than before, without being given more time. Students are 
expected to master more material than students of decades ago, without 
being given more time. Meanwhile, researchers have demonstrated that 
reducing instructional time hinders learning. As summarized by the 
National Research Council, in its report on How People Learn, ``. . . 
significant learning takes major investments of time.''
  How can a quality, well rounded education be achieved when the 
average school year in this country includes only 180 days--less than 
half the number of days in a calendar year? Children today are spending 
only 20 percent to 30 percent of their waking hours in school, even if 
they have a record of perfect attendance. According to the American 
Academy of Child and Adolescent Psychiatry, by the time American 
students finish high school, they will have spent more time watching 
television than in the classroom.
  In 1991, Congress established the National Education Commission on 
Time and Learning, an independent advisory group charged with studying 
the relationship between instructional time and student learning in 
American schools. Members of the commission visited schools in the U.S. 
and abroad, and interviewed teachers, administrators, parents, and 
students. The Commission concluded that students and teachers in 
American schools are ``prisoners of time,'' captives of an agrarian-
based school calendar that robs them of the opportunity for a quality 
education. To quote from their report, ``we have been asking the 
impossible of our students--that they learn as much as their foreign 
peers while spending only half as much time in core academic 
subjects.'' I add that this means we have also been asking the 
impossible of our teachers--to deliver effective instruction, without 
sufficient time. Clearly, our school calendars have not moved forward 
along with our societal and technological advances.
  The Commission's 1994 report was not the first to recommend 
lengthening the school year. In 1983, the Nation at Risk report 
recommended increasing the school day to 7 hours per day, and the 
school year to 200 to 220 days per year, as a means to strengthen our 
nation's grip on global competitiveness. Well, it has been 25 years 
since that report, and I believe the time has come to give students and 
teachers the time they need for a quality education.
  The School Day Factor Act will support efforts to expand the school 
year, by coordinating school funding with the length of the school 
year, and by encouraging schools to add five days to their calendar 
each year, for the next 4 years. This bill introduces a variable, the 
``School Day Factor,'' that will reflect the number of mandatory full 
days included in a state's school year, and it may be adjusted to 
reflect any increases in instructional hours per day. This variable 
will be added to existing Title I allocation formulas that determine 
education grants to States.
  The existing funding allocation formulas would be essentially 
unchanged for States whose school calendars meet a base level number of 
days per school year. By raising the base level school year length by 5 
school days per year, over a 4 year period, the average school year 
calendar would reach the target of 200 school days per year by 2014. 
Inclusion of the School Day Factor will result in higher grants to 
states with school years that exceed the base level number of school 
days per year, and smaller grants to states with school years that fall 
below the base level.
  I believe that schools are not only ready for this change, but that 
they are setting the pace for this movement. Some States and school 
districts have

[[Page S4354]]

already taken the initiative to expand their school year by 20 days per 
year. In my own State of New Mexico, a State initiated pilot program to 
extend kindergarten by 20 to 25 days per year led to such positive 
outcomes that the program was recently extended to third grade. 
Requests to participate have increased, as more school districts 
understand the benefits afforded by expanding students' and teachers' 
educational time. The School Day Factor Act is an investment that will 
support the efforts to dramatically increase this participation rate 
such that the 200 day school year is the norm, not an expanded 
calendar.
  Clearly, more time alone is not sufficient to insure quality 
learning. By including the School Day Factor Act in the reauthorization 
of ESEA, it will be paired with actions designed to enhance and support 
quality instruction delivered by highly qualified teachers. I hope that 
this legislation will be included in the reauthorization of the 
Elementary and Secondary Education Act of 1965, as amended, and I urge 
my colleagues to support it.
  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. 804

       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 ``School Day Factor Act of 
     2009''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) According to the National Center for Education 
     Statistics the length of the average school year steadily 
     increased from 144 to 178 days between 1869 and 1949. In 
     2008, the average number of school days per year remains at 
     178.5.
       (2) In 1983, a recommendation in the Nation at Risk report 
     was to increase students' instructional time by lengthening 
     the school day or the school year, as a means to strengthen 
     our Nation's grip on global competitiveness. Since then, no 
     systematic school day or school year increase has occurred.
       (3) In 2008, 42 States mandate a school year of 180 or 
     fewer days per year, or the equivalent thereof. Across 
     States, the number of school days per year ranges from 173 to 
     182.
       (4) Researchers have demonstrated that--
       (A) when class material is covered in a streamlined, 
     shortened unit, students' conceptual mastery of the content 
     suffers; and
       (B) significant learning requires investment of time.
       (5) Research has demonstrated that all students are at risk 
     for losing educational gains during extended summer breaks in 
     the typical school calendar, particularly children from low 
     income households. The continued lack of out-of-school 
     learning opportunities contributes to a growing achievement 
     gap. Even more so than achievement gaps present at 
     kindergarten, differences in out-of-school learning 
     opportunities experienced by economically advantaged versus 
     disadvantaged youth contribute to the cumulative achievement 
     difference registered by 9th grade, which affects high school 
     placements, high school exit, and postsecondary school 
     attendance.
       (6) Since 1991, over 300 expanded learning initiatives have 
     occurred, across 30 States, aimed primarily at schools with 
     high-poverty and high-minority student populations. Outcomes 
     of these initiatives include enhanced student achievement, 
     lower student and teacher absenteeism, and satisfaction of 
     parents, teachers, and students.
       (7) Research demonstrates that the increased school time is 
     beneficial not only for students, but also for teachers. 
     Teachers gain planning time, more opportunities for 
     cooperative planning, professional development opportunities, 
     and additional time to individualize instruction. Teacher 
     employment increases from part-year to up to full year, 
     depending on the calendar conversion adopted.
       (8) Regarding the costs of expanded learning initiatives, 
     the cost per hour of instruction decreases with the addition 
     of more learning time.

     SEC. 3. PURPOSES.

       The purposes of this Act are to ensure that all children 
     have sufficient time to achieve in school, that all children 
     have access to a high quality and well-rounded education, and 
     that teachers have sufficient time to deliver quality 
     instruction. Such purposes can be achieved by--
       (1) encouraging States to expand the minimum number of days 
     in their school year, to 200 full days, by 2014, without 
     reducing the length of the school day;
       (2) modifying the allocations under subpart 2 of part A of 
     title I of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6331 et seq.) regarding basic, concentration, 
     targeted, and education finance incentive grants, so that 
     each of the formulas used to determine allocations includes a 
     factor that reflects all of the following:
       (A) the minimum number of school days in the State-mandated 
     school year length;
       (B) the most recent increase in the number of school days 
     in the State-mandated academic year; and
       (C) whether the number of school days in an academic year 
     meets, exceeds, or falls short of the base level school year 
     length described in the amendment made by this Act; and
       (3) encouraging States to increase the length of the school 
     day.

     SEC. 4. SCHOOL DAY FACTOR.

       (a) Amendment.--Subpart 2 of part A of title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6331 et seq.) is amended by adding at the end the following:

     ``SEC. 1128. SCHOOL DAY FACTOR.

       ``(a) Definitions.--In this section:
       ``(1) Academic year.--The term `academic year' means the 
     period of time beginning with the first day of a school year 
     and ending on the last day of a school year, which typically 
     begins in the late summer and ends in the early summer.
       ``(2) Base level school year length.--The term `base level 
     school year length' means--
       ``(A) 180 school days for the 2009-2010 academic year;
       ``(B) 185 school days for the 2010-2011 academic year;
       ``(C) 190 school days for the 2011-2012 academic year;
       ``(D) 195 school days for the 2012-2013 academic year; and
       ``(E) 200 school days for the 2013-2014 academic year and 
     for each succeeding academic year.
       ``(3) Instructional hours.--The term `instructional hours' 
     means the number of hours within the school day that are 
     directly devoted to student learning in core academic 
     subjects.
       ``(4) School day.--
       ``(A) In general.--The term `school day' means a day for 
     which attendance is mandatory for all students attending an 
     elementary school or secondary school in a State, and in 
     which a minimum of 5\1/2\ instructional hours are delivered 
     to students.
       ``(B) Partial days.--Two days for which attendance is 
     mandatory for all students attending an elementary school or 
     secondary school in a State and in which less than 5\1/2\ 
     instructional hours per day are delivered to students may be 
     deemed to be 1 school day for purposes of this section, if 
     the total instructional time for the 2 partial days meets or 
     exceeds 5\1/2\ instructional hours.
       ``(5) State-mandated school year length.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), the term `State-mandated school year length' means 
     the minimum number of school days an elementary school or 
     secondary school student is required by the State to attend 
     school in an academic year. In calculating the State-mandated 
     school year length, days that the State permits to be waived 
     due to teacher professional development, weather, or other 
     reasons shall not be counted.
       ``(B) States that mandate minimum number of instructional 
     hours.--In the case of a State that does not mandate a 
     minimum number of school days for an academic year and does 
     mandate a minimum number of instructional hours per academic 
     year, the State-mandated school year length for such State 
     shall be the quotient of--
       ``(i) the minimum number of mandated instructional hours 
     per academic year, excluding hours that may be waived due to 
     teacher professional development, weather, or other reasons; 
     divided by
       ``(ii) the greater of--

       ``(I) the average number of instructional hours per school 
     day in the State's public elementary schools and secondary 
     schools; or
       ``(II) 6\1/2\ hours.

       ``(C) States that do not mandate minimum number of days or 
     hours.--In the case of a State that does not mandate a 
     minimum number of school days or a minimum number of 
     instructional hours per academic year, the State-mandated 
     school year length for such State shall be the average number 
     of school days that elementary school or secondary school 
     students in the State attended school during--
       ``(i) the preceding school year; or
       ``(ii) in the case where the preceding school year was 
     significantly shorter due to a natural disaster during such 
     school year, the school year that is preceding the preceding 
     school year.
       ``(b) School Day Factor.--
       ``(1) Adjustments authorized.--
       ``(A) In general.--Notwithstanding any other provision of 
     this part, the amount of a grant that a State or local 
     educational agency is eligible to receive under section 
     1124(a), 1124A(a), 1125(b), or 1125A(b) shall be adjusted by 
     multiplying such amount by the school day factor described in 
     paragraph (2) that is applicable to such State or local 
     educational agency, respectively, for such academic year.
       ``(B) Timing of adjustment.--The Secretary shall make the 
     adjustment described in subparagraph (A) to the amount of a 
     grant that a State or local educational agency is eligible to 
     receive under section 1124, 1124A, 1125, or 1125A before 
     applying any hold-harmless requirement, minimum grant amount 
     requirement, or ratable reduction requirement under this 
     part.
       ``(2) School day factor.--
       ``(A) In general.--The school day factor referred to in 
     paragraph (1) that is applicable to each State and local 
     educational agency

[[Page S4355]]

     in the State for an academic year is a percentage calculated 
     as the sum of the following:
       ``(i) \2/3\ of such percentage shall be equal to--

       ``(I) the result of--

       ``(aa) the State-mandated school year length for the 
     academic year preceding the academic year for which the 
     calculation is made; divided by
       ``(bb) the base level school year length for the academic 
     year preceding the academic year for which the calculation is 
     made; multiplied by

       ``(II) 100.

       ``(ii) \1/3\ of such percentage shall be equal to--

       ``(I) the result of--

       ``(aa) the State mandated minimum instructional hours per 
     school day for the academic year preceding the academic year 
     for which the calculation is made; divided by
       ``(bb) 5.5; multiplied by

       ``(II) 100.

       ``(B) Special calculation rule.--In making the calculation 
     described in subparagraph (A) for a State, the value of 
     subparagraph (A)(ii) shall be zero if the State mandated 
     minimum instructional hours per school day for the academic 
     year preceding the academic year for which the calculation is 
     made is less than the number of such State mandated minimum 
     instructional hours for the academic year that precedes by 
     two years the academic year for which the calculation is 
     made.''.
       (b) Table of Contents.--The table of contents in section 2 
     of the Elementary and Secondary Education Act of 1965 is 
     amended by inserting after the item relating to section 1127 
     the following:

``Sec. 1128. School day factor.''.
                                 ______
                                 
      By Mr. VOINOVICH (for himself and Mr. Akaka):
  S. 806. A bill to provide for the establishment, administration, and 
funding of Federal Executive Boards, and for other purposes; to the 
Committee on Homeland Security and Governmental Affairs.
  Mr. VOINOVICH. Mr. President, I rise today with Senator Akaka to 
introduce the Federal Executive Board Authorization Act of 2009 in 
order to provide for the establishment, administration and funding of 
Federal Executive Boards, FEBs.
  As you may know, President Kennedy issued a ``Memorandum on the Need 
for Greater Coordination of Regional and Field Activities of the 
Government'' in 1961 that noted that more than 90 percent of Federal 
employees work outside of Washington, DC. President Kennedy wanted to 
strengthen the coordination of their activities, so he directed ``the 
establishment of a Board of Federal Executives'' to ``consider 
management matters and interdepartmental cooperation and establish 
liaison with State and local government officials in their regions.'' 
That Memorandum led to the creation of ten FEBs to ``increase the 
effectiveness and economy of Federal agencies.''
  These FEBs proved their worth, because the number of FEBs across the 
Nation has increased to 28 FEBs total in Atlanta, Baltimore, Boston, 
Buffalo, Chicago, Cincinnati, Cleveland, Dallas-Fort Worth, Denver, 
Detroit, Honolulu, Houston, Kansas City, Los Angeles, Minnesota, 
Newark, New Mexico, New Orleans, New York City, Oklahoma, Oregon, 
Philadelphia, Pittsburgh, St. Louis, San Antonio, San Francisco, 
Seattle, and South Florida. Those FEBs serve an important role in 
coordinating Federal activities. For example, earlier this year a 
proactive FEB executive director sent an e-mail to her FEB colleagues 
in an effort to coordinate stimulus spending.
  However, a 2007 Government Accountability Office, GAO, report, 
``Additional Steps Needed to Take Advantage of Federal Executive 
Boards' Ability to Contribute to Emergency Operations,'' noted that 
FEBs have no congressional charter and rely on voluntary contributions 
from their member agencies for funding. Because such voluntary 
contributions result in financial uncertainty on the part of FEBs, GAO 
recommended that the Office of Personnel Management, OPM, develop a 
proposal to address the uncertainty of funding sources for FEBs. Based 
on that recommendation, the Federal Executive Board Authorization Act 
of 2009 provides for the establishment, administration and funding of 
FEBs.
  The legislation is based in large part on Title 5 of the Code of 
Federal Regulations, where OPM has set forth regulations relating to 
the authority, location, and membership of FEBs. Similar to those 
provisions, this bill calls on the Director of OPM to determine where 
to establish FEBs and requires the Director to consult with agencies in 
making that determination. The bill also provides that FEBs shall 
consist of senior officials from appropriate agencies in those areas. 
Also similar to provisions in the Code of Federal Regulations, the bill 
authorizes the Director of OPM to establish staffing policies for FEBs, 
designate an agency to staff each FEB, establish communications 
policies, performance standards and accountability initiatives for 
FEBs, and administer FEB funding.
  The Federal Executive Board Authorization Act of 2009 also requires 
each FEB to adopt bylaws or other rules for its internal governance, 
elect a chairman from among its members, provide a forum for the 
exchange of information, and develop coordinated approaches to the 
development and operation of programs that have common characteristics. 
Under the bill, FEBs would be required to communicate management 
initiatives and other concerns from Washington, DC to the field and 
develop relationships with State and local governments and private 
sector organizations to help coordinate emergency management and 
homeland security matters.
  To address GAO's concern about the uncertainty of FEB funding, the 
legislation establishes a fund for FEB operations which would be 
administered by OPM. The fund would consist of contributions from OPM 
for administrative and oversight activities as well as contributions 
from each agency participating in FEBs for staffing and operations. 
Each agency's contribution would be determined by a formula established 
by the Director of OPM in consultation with agencies and the Office of 
Management and Budget, and that formula must take into account each 
agency's number of employees in areas served by FEBs.
  President Kennedy showed great foresight when he called for the 
coordination of Federal agencies' activities in 1961, and FEBs have 
done a good job since then in coordinating their work. These FEBs need 
a congressional charter and a set source of funding, so I hope the 
Senate will act quickly to pass this legislation, which OPM and GAO 
were consulted in drafting.
  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. 806

       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 ``Federal Executive Board 
     Authorization Act of 2009''.

     SEC. 2. FEDERAL EXECUTIVE BOARDS.

       (a) In General.--Chapter 11 of title 5, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 1106. Federal Executive Boards

       ``(a) Purposes.--The purposes of this section are to--
       ``(1) strengthen the coordination of Government activities;
       ``(2) facilitate interagency collaboration to improve the 
     efficiency and effectiveness of Federal programs;
       ``(3) facilitate communication and collaboration on Federal 
     emergency preparedness and continuity of operations to 
     address homeland security issues, including natural 
     disasters, acts of terrorism, and other man-made disasters, 
     outside the Washington, D.C. metropolitan area; and
       ``(4) provide stable funding for Federal Executive Boards.
       ``(b) Definitions.--In this section:
       ``(1) Agency.--The term `agency'--
       ``(A) means an Executive agency as defined under section 
     105; and
       ``(B) shall not include the Government Accountability 
     Office.
       ``(2) Director.--The term `Director' means the Director of 
     the Office of Personnel Management.
       ``(3) Federal executive board.--The term `Federal Executive 
     Board' means an interagency entity established by the 
     Director, in consultation with the headquarters of 
     appropriate agencies, in a geographic area with a high 
     concentration of Federal employees outside the Washington, 
     D.C. metropolitan area to strengthen the management and 
     administration of agency activities and coordination among 
     local Federal officers to implement national initiatives in 
     that geographic area.
       ``(c) Establishment.--
       ``(1) In general.--The Director shall establish Federal 
     Executive Boards in geographic areas outside the Washington, 
     D.C. metropolitan area. Before establishing Federal Executive 
     Boards that are not in existence on the date of enactment of 
     this section, the Director shall consult with the 
     headquarters of appropriate agencies to determine the number 
     and location of the Federal Executive Boards.

[[Page S4356]]

       ``(2) Membership.--Each Federal Executive Board for a 
     geographic area shall consist of an appropriate senior 
     officer for each agency in that geographic area. The 
     appropriate senior officer may designate, by title of office, 
     an alternate representative who shall attend meetings and 
     otherwise represent the agency on the Federal Executive Board 
     in the absence of the appropriate senior officer. An 
     alternate representative shall be a senior officer in the 
     agency.
       ``(3) Location of federal executive boards.--In determining 
     the location for the establishment of Federal Executive 
     Boards, the Director shall consider--
       ``(A) whether a Federal Executive Board exists in a 
     geographic area on the date of enactment of this section;
       ``(B) whether a geographic area has a strong, viable, and 
     active Federal Executive Association;
       ``(C) whether the Federal Executive Association of a 
     geographic area petitions the Director to become a Federal 
     Executive Board; and
       ``(D) such other factors as the Director and the 
     headquarters of appropriate agencies consider relevant.
       ``(d) Administration and Oversight.--
       ``(1) In general.--The Director shall provide for the 
     administration and oversight of Federal Executive Boards, 
     including--
       ``(A) establishing staffing policies in consultation with 
     the headquarters of agencies participating in Federal 
     Executive Boards;
       ``(B) designating an agency to staff each Federal Executive 
     Board based on recommendations from that Federal Executive 
     Board;
       ``(C) establishing communications policies for the 
     dissemination of information to agencies;
       ``(D) in consultation with the headquarters of appropriate 
     agencies, establishing performance standards for the Federal 
     Executive Board staff;
       ``(E) developing accountability initiatives to ensure 
     Federal Executive Boards are meeting performance standards; 
     and
       ``(F) administering Federal Executive Board funding through 
     the fund established in subsection (f).
       ``(2) Staffing.--In making designations under paragraph 
     (1)(B), the Director shall give preference to agencies 
     staffing Federal Executive Boards.
       ``(e) Governance and Activities.--Each Federal Executive 
     Board shall--
       ``(1) subject to the approval of the Director, adopt by-
     laws or other rules for the internal governance of the 
     Federal Executive Board;
       ``(2) elect a Chairperson from among the members of the 
     Federal Executive Board, who shall serve for a set term;
       ``(3) serve as an instrument of outreach for the national 
     headquarters of agencies relating to agency activities in the 
     geographic area;
       ``(4) provide a forum for the exchange of information 
     relating to programs and management methods and problems--
       ``(A) between Federal officers and employees in the 
     Washington, D.C. area and Federal officers and employees in 
     the geographic area; and
       ``(B) among field elements in the geographic area;
       ``(5) develop local coordinated approaches to the 
     development and operation of programs that have common 
     characteristics;
       ``(6) communicate management initiatives and other concerns 
     from Federal officers and employees in the Washington, D.C. 
     area to Federal officers and employees in the geographic area 
     to achieve better mutual understanding and support;
       ``(7) develop relationships with State and local 
     governments and nongovernmental organizations to help in 
     coordinating emergency management and homeland security 
     issues; and
       ``(8) take other actions as agreed to by the Federal 
     Executive Board and the Director.
       ``(f) Funding.--
       ``(1) Establishment of fund.--The Director shall establish 
     a fund within the Office of Personnel Management for 
     financing essential Federal Executive Board functions, 
     including basic staffing and operating expenses.
       ``(2) Deposits.--There shall be deposited in the fund 
     established under paragraph (1)--
       ``(A) contributions from the Office of Personnel Management 
     to fund administrative and oversight activities conducted 
     under subsection (d);
       ``(B) contributions from the headquarters of each agency 
     participating in Federal Executive Boards, in an amount 
     determined by a formula established by the Director, in 
     consultation with the headquarters of such agencies and the 
     Office of Management and Budget.
       ``(3) Contributions.--
       ``(A) Formula.--The formula for contributions established 
     by the Director shall consider the number of employees in 
     each agency in each geographic area served by a Federal 
     Executive Board. The contribution of the headquarters of each 
     agency to the fund shall be recalculated at least every 2 
     years.
       ``(B) In-kind contributions.--At the sole discretion of the 
     Director, the headquarters of an agency may provide in-kind 
     contributions instead of providing monetary contributions to 
     the fund.
       ``(4) Use of excess amounts.--Any unobligated and 
     unexpended balances in the fund which the Director determines 
     to be in excess of amounts needed for essential Federal 
     Executive Board functions shall be allocated by the Director, 
     in consultation with the headquarters of agencies 
     participating in Federal Executive Boards, among the Federal 
     Executive Boards for the activities under subsection (e) and 
     other priorities, such as conducting emergency preparedness 
     training.
       ``(g) Reports.--The Director shall submit annual reports to 
     Congress and agencies on Federal Executive Board program 
     outcomes and budget matters.
       ``(h) Regulations.--The Director shall prescribe 
     regulations necessary to carry out this section.''.
       (b) Technical and Conforming Amendments.--The table of 
     sections for chapter 11 of title 5, United States Code, is 
     amended by inserting after the item relating to section 1105 
     the following:

``1106. Federal Executive Boards.''.

  Mr. AKAKA. Mr. President, I am pleased to join my good friend Senator 
Voinovich as we introduce the Federal Executive Board Authorization Act 
of 2009 to formalize Federal Executive Boards, FEBs, in the Executive 
Branch of the Federal Government.
  President Kennedy issued a Directive in 1961 creating FEBs to allow 
the heads of Federal agencies outside of Washington, DC to come 
together to address local issues in their Federal communities. There 
are now 28 Boards in 20 States, including Hawaii. Because they have 
never been authorized in legislation, FEBs have no institutionalized 
structure; each has its own operating structure. Some have an executive 
director, while some have no permanent staff at all. They also do not 
receive specific appropriations. As a result, FEBs must cobble together 
voluntary funding from participating agencies.
  The Office of Personnel Management oversees the mission and 
activities of FEBs. Part of FEBs' mission is to offer agencies outside 
of Washington, DC an opportunity to share information, collaborate to 
address shared concerns, discuss management and administrative 
challenges, and come together as a Federal community. Each Board sets 
its own specific priorities and activities based on local concerns and 
the leadership in a given area.
  Additionally, FEBs' mission is to play a critical support role in 
coordinating emergency preparedness and response efforts for a given 
area. The Honolulu-Pacific Federal Executive Board regularly hosts and 
participates in preparedness exercises in Hawaii and the Pacific Rim. 
When the Interstate 35 West Bridge collapsed over the Mississippi River 
in Minneapolis, Minnesota on August 1, 2007, the Executive Director of 
the Minnesota FEB helped disseminate critical information to over 100 
Federal agencies and coordinate with the State and local emergency 
response network. FEBs have shared information with each other to 
assist in preparing for large events as well. For example, the Boston 
FEB used their experience with the Democratic National Convention in 
2004 to help the Denver and Minnesota FEBs prepare for the National 
Party Conventions in 2008.
  At a hearing of the Subcommittee on Oversight of Government 
Management, the Federal Workforce, and the District of Columbia on 
September 28, 2007, which I chaired, it was clear that FEBs lack of 
formal structure hinders their critical support role in emergency 
preparedness and response. At that hearing, the Government 
Accountability Office, GAO, testified that FEBs have no clear role in 
national emergency planning, no framework to operate, no accountability 
in performing their duties, and no funding to carry out their missions. 
Additionally, FEB Executive Directors from around the country testified 
about the frustrations of operating without stable funding or a clear 
structure.
  Since the hearing, FEBs have been included in FEMA's National 
Response Framework, and OPM and FEMA have signed a memorandum of 
understanding, MOU, giving FEBs a formal role in emergency preparedness 
and response. The Federal Executive Board Authorization Act of 2009 
would implement other recommendations made by GAO and the 
representatives from FEBs at the 2007 hearing. More specifically, the 
bill would formalize the role of Federal Executive Boards, which would 
include interagency collaboration and Federal agency emergency 
preparedness and response outside of Washington, DC; establish a 
process for establishing new FEBs; require OPM to establish performance 
standards for

[[Page S4357]]

FEBs; specify a funding formula, which OPM will administer, for FEBs 
based on the number of employees in a Federal agency in a given area; 
and authorize staffing levels for each FEB to have at least an 
Executive Director and one support staff member.
  Eighty-five percent of the Federal workforce is employed outside of 
the Washington, DC area. We spend billions of dollars preparing the 
National Capital Region for emergencies, but we must focus more on 
Federal Government agency emergency preparedness and response outside 
of the Washington area. This legislation will address that pressing 
need. I urge my colleagues to support this important bill.
                                 ______
                                 
      By Mr. REED (for himself, Mr. Bond, Mr. Akaka, Mrs. Boxer, Ms. 
        Collins, Mr. Durbin, Mr. Kerry, Ms. Klobuchar, Ms. Landrieu, 
        Mr. Lautenberg, Mr. Lieberman, Mr. Schumer, and Mr. 
        Whitehouse):
  S. 808. A bill to amend the McKinney-Vento Homeless Assistance Act to 
reauthorize the Act, and for other purposes; to the Committee on 
Banking, Housing, and Urban Affairs.
  Mr. REED. Mr. President, I rise to introduce, along with Senators 
Bond, Akaka, Boxer, Collins, Durbin, Kerry, Klobuchar, Landrieu, 
Lautenberg, Lieberman, Schumer, and Whitehouse, the Homeless Emergency 
Assistance and Rapid Transition to Housing Act, HEARTH Act. 
Representative Gwen Moore is introducing a bipartisan companion bill 
today as well. This legislation would reauthorize and amend the housing 
titles of the McKinney-Vento Homeless Assistance Act of 1987. 
Specifically, our bill would consolidate and improve the homeless 
assistance programs at the Department of Housing and Urban Development 
to better accomplish the goals of preventing and ending homelessness.
  According to the Homelessness Research Institute at the National 
Alliance to End Homelessness, 2.5 to 3.5 million Americans experience 
homelessness each year. On any one night, approximately 672,000 men, 
women, and children are without homes. While strides have been made to 
reduce homelessness over the last couple of years, the current economic 
decline has halted such progress. We have already seen tent cities 
forming, shelters turning away people, and cities reporting increased 
numbers of homeless people. As unemployment continues to rise, more and 
more people cannot afford to pay their mortgages or rent, and 
nonprofits and local governments are unable to keep up.
  As a result of the recession, 1.5 million additional Americans are 
likely to experience homelessness over the next two years according to 
estimates by the National Alliance to End Homelessness. This means more 
trauma for children and adults, more dislocation from schools and 
communities, and more of a drain on local community services.
  Sadly, many of those who are homeless have served our country in 
uniform. Their numbers range between 150,000 and 200,000 on any given 
night. Three times that many veterans are housed, but are struggling 
with excessive rent burdens and an increased risk of homelessness. 
Different sources estimate that between 23 and 40 percent of homeless 
adults are veterans.
  Statistics regarding the number of children who experience 
homelessness are especially troubling. Each year, it is estimated that 
at least 1.35 million children experience homelessness. According to 
HUD's 3rd Annual Homeless Assessment Report to Congress, on any given 
night, 248,500 persons in families are homeless. Each year, over 
800,000 homeless children and youth are identified and enrolled in 
public schools. However, this count does not include preschool 
children, and at least half of all homeless children are under the age 
of five. Whatever their age, we know that children who are homeless are 
in poorer health, have developmental delays, and suffer academically.
  In addition, many of those who are homeless have a disability. 
According to the Homelessness Research Institute, about 23 percent of 
homeless people were found to be ``chronically homeless,'' which 
according to the current HUD definition means that they are homeless 
for long periods of time or homeless repeatedly, and they have a 
disability. For many of these individuals and families, housing alone, 
without some supportive services, may not be enough.
  Finally, as rents have soared and affordable housing units have 
disappeared from the market during the past several years, even more 
working Americans have been left unable to afford housing. According to 
the National Low Income Housing Coalition's most recent ``Out of 
Reach'' report, nowhere in the country can a minimum wage earner afford 
to rent a one-bedroom home. Low income renters who live paycheck to 
paycheck are in precarious circumstances and sometimes must make tough 
choices between paying rent and buying food, prescription drugs, or 
other necessities. If one unforeseen event occurs in their lives, they 
can end up homeless.
  There is also a great societal cost to homelessness, including 
expenses for emergency rooms, jails, shelters, foster care, 
detoxification, and emergency mental health treatment. Indeed, studies 
have shown it costs just as much, if not more in overall expenditures, 
to allow men, women, and children to remain homeless as it does to 
provide them with assistance and get them back on the road to self-
sufficiency.
  It has been 22 years since the enactment of the Steward B. McKinney 
Homeless Assistance Act, and we have learned a lot about the problem of 
homelessness since then. At the time of its adoption in 1987, this law 
was viewed as an emergency response to a national crisis, and was to be 
followed by measures to prevent homelessness and to create more 
systemic solutions to the problem. It is now time to take what we have 
learned during the past 22 years, and put those best practices and 
proposals into action.
  First and foremost, the HEARTH Act focuses federal funding on 
prevention. It allows up to 20 percent of funds to be used to serve 
people who are at risk of homelessness under a new ``Emergency 
Solutions Grants'' program. At the same time, it expands the definition 
of homelessness, which determines eligibility for much of the homeless 
assistance funding, to include people who will lose their housing in 14 
days; any family or individual fleeing or attempting to flee domestic 
violence, or other dangerous or life threatening situations; and 
families with children and unaccompanied youth who have experienced a 
long term period without living independently, have experienced 
persistent housing instability, and can be expected to continue in such 
status for an extended period due to a number of enumerated factors, 
such as a disability. It also allows grantees to use up to an 
additional 10 percent of competitive funds to serve families defined as 
homeless under the Education Department homeless definition, but not so 
defined under the HUD definition. For areas with low levels of 
homelessness, up to 100 percent of funds may be used for such purposes.
  The HEARTH Act also provides communities with greater flexibility in 
using funds to prevent and end homelessness. Rural communities can 
participate in a new Rural Housing Stability Assistance Program that 
would grant rural communities greater discretion in addressing the 
needs of homeless people or those in the worst housing situations in 
their communities.
  The HEARTH Act would also increase the focus on practices and 
programs that have demonstrated results. For example, the bill would 
require that HUD provide incentives for rapid rehousing programs for 
homeless families. Rapid rehousing programs have been successfully used 
in numerous communities to significantly reduce family homelessness. By 
dramatically reducing the length of time families are homeless, rapid 
rehousing programs ensure a quicker return to stability and self 
sufficiency.
  The HEARTH Act would continue HUD's existing initiative to house 
people who experience chronic homelessness, but would add families with 
children to the initiative. It also would designate 30 percent of total 
funds for new permanent housing for families and individuals with a 
disability.
  Finally, the HEARTH Act would increase the emphasis on performance by 
measuring applicants' progress at reducing homelessness. It would also 
allow communities with low levels of homelessness or that are reducing 
homelessness to focus more on prevention and serving people who are at 
risk of homelessness.

[[Page S4358]]

  There is a growing consensus on ways to help communities break the 
cycle of repeated and prolonged homelessness. If we combine federal 
dollars with the right incentives to local communities, we can prevent 
and end long-term homelessness.
  The bipartisan HEARTH Act will set us on the path to meeting this 
important national goal. I hope my colleagues will join us in 
supporting this bill and other homelessness prevention efforts.
  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. 808

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

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Homeless 
     Emergency Assistance and Rapid Transition to Housing Act of 
     2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definition of homelessness.
Sec. 4. United States Interagency Council on Homelessness.

             TITLE I--HOUSING ASSISTANCE GENERAL PROVISIONS

Sec. 101. Definitions.
Sec. 102. Community homeless assistance planning boards.
Sec. 103. General provisions.
Sec. 104. Protection of personally identifying information by victim 
              service providers.
Sec. 105. Authorization of appropriations.

              TITLE II--EMERGENCY SOLUTIONS GRANTS PROGRAM

Sec. 201. Grant assistance.
Sec. 202. Eligible activities.
Sec. 203. Participation in Homeless Management Information System.
Sec. 204. Administrative provision.
Sec. 205. GAO study of administrative fees.

                  TITLE III--CONTINUUM OF CARE PROGRAM

Sec. 301. Continuum of care.
Sec. 302. Eligible activities.
Sec. 303. High performing communities.
Sec. 304. Program requirements.
Sec. 305. Selection criteria, allocation amounts, and funding.
Sec. 306. Research.

          TITLE IV--RURAL HOUSING STABILITY ASSISTANCE PROGRAM

Sec. 401. Rural housing stability assistance.
Sec. 402. GAO study of homelessness and homeless assistance in rural 
              areas.

               TITLE V--REPEALS AND CONFORMING AMENDMENTS

Sec. 501. Repeals.
Sec. 502. Conforming amendments.
Sec. 503. Effective date.
Sec. 504. Regulations.
Sec. 505. Amendment to table of contents.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds that--
       (1) a lack of affordable housing and limited scale of 
     housing assistance programs are the primary causes of 
     homelessness; and
       (2) homelessness affects all types of communities in the 
     United States, including rural, urban, and suburban areas.
       (b) Purposes.--The purposes of this Act are--
       (1) to consolidate the separate homeless assistance 
     programs carried out under title IV of the McKinney-Vento 
     Homeless Assistance Act (consisting of the supportive housing 
     program and related innovative programs, the safe havens 
     program, the section 8 assistance program for single-room 
     occupancy dwellings, and the shelter plus care program) into 
     a single program with specific eligible activities;
       (2) to codify in Federal law the continuum of care planning 
     process as a required and integral local function necessary 
     to generate the local strategies for ending homelessness; and
       (3) to establish a Federal goal of ensuring that 
     individuals and families who become homeless return to 
     permanent housing within 30 days.

     SEC. 3. DEFINITION OF HOMELESSNESS.

       (a) In General.--Section 103 of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11302) is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d); and
       (2) by striking subsection (a) and inserting the following:
       ``(a) In General.--For purposes of this Act, the terms 
     `homeless', `homeless individual', and `homeless person' 
     means--
       ``(1) an individual or family who lacks a fixed, regular, 
     and adequate nighttime residence;
       ``(2) an individual or family with a primary nighttime 
     residence that is a public or private place not designed for 
     or ordinarily used as a regular sleeping accommodation for 
     human beings, including a car, park, abandoned building, bus 
     or train station, airport, or camping ground;
       ``(3) an individual or family living in a supervised 
     publicly or privately operated shelter designated to provide 
     temporary living arrangements (including hotels and motels 
     paid for by Federal, State, or local government programs for 
     low-income individuals or by charitable organizations, 
     congregate shelters, and transitional housing);
       ``(4) an individual who resided in a shelter or place not 
     meant for human habitation and who is exiting an institution 
     where he or she temporarily resided;
       ``(5) an individual or family who--
       ``(A) will imminently lose their housing, including housing 
     they own, rent, or live in without paying rent, are sharing 
     with others, and rooms in hotels or motels not paid for by 
     Federal, State, or local government programs for low-income 
     individuals or by charitable organizations, as evidenced by--
       ``(i) a court order resulting from an eviction action that 
     notifies the individual or family that they must leave within 
     14 days;
       ``(ii) the individual or family having a primary nighttime 
     residence that is a room in a hotel or motel and where they 
     lack the resources necessary to reside there for more than 14 
     days; or
       ``(iii) credible evidence indicating that the owner or 
     renter of the housing will not allow the individual or family 
     to stay for more than 14 days, and any oral statement from an 
     individual or family seeking homeless assistance that is 
     found to be credible shall be considered credible evidence 
     for purposes of this clause;
       ``(B) has no subsequent residence identified; and
       ``(C) lacks the resources or support networks needed to 
     obtain other permanent housing; and
       ``(6) unaccompanied youth and homeless families with 
     children and youth defined as homeless under other Federal 
     statutes who--
       ``(A) have experienced a long term period without living 
     independently in permanent housing,
       ``(B) have experienced persistent instability as measured 
     by frequent moves over such period, and
       ``(C) can be expected to continue in such status for an 
     extended period of time because of chronic disabilities, 
     chronic physical health or mental health conditions, 
     substance addiction, histories of domestic violence or 
     childhood abuse, the presence of a child or youth with a 
     disability, or multiple barriers to employment.
       ``(b) Domestic Violence and Other Dangerous or Life-
     Threatening Conditions.--Notwithstanding any other provision 
     of this section, the Secretary shall consider to be homeless 
     any individual or family who is fleeing, or is attempting to 
     flee, domestic violence, dating violence, sexual assault, 
     stalking, or other dangerous or life-threatening conditions 
     in the individual's or family's current housing situation, 
     including where the health and safety of children are 
     jeopardized, and who have no other residence and lack the 
     resources or support networks to obtain other permanent 
     housing.''.
       (b) Regulations.--Not later than the expiration of the 6-
     month period beginning upon the date of the enactment of this 
     Act, the Secretary of Housing and Urban Development shall 
     issue regulations that provide sufficient guidance to 
     recipients of funds under title IV of the McKinney-Vento 
     Homeless Assistance Act to allow uniform and consistent 
     implementation of the requirements of section 103 of such 
     Act, as amended by subsection (a) of this section. This 
     subsection shall take effect on the date of the enactment of 
     this Act.
       (c) Clarification of Effect on Other Laws.--This section 
     and the amendments made by this section to section 103 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) may 
     not be construed to affect, alter, limit, annul, or supersede 
     any other provision of Federal law providing a definition of 
     ``homeless'', ``homeless individual'', or ``homeless person'' 
     for purposes other than such Act, except to the extent that 
     such provision refers to such section 103 or the definition 
     provided in such section 103.

     SEC. 4. UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS.

       (a) In General.--Title II of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11311 et seq.) is amended--
       (1) in section 201 (42 U.S.C. 11311), by inserting before 
     the period at the end the following ``whose mission shall be 
     to coordinate the Federal response to homelessness and to 
     create a national partnership at every level of government 
     and with the private sector to reduce and end homelessness in 
     the nation while maximizing the effectiveness of the Federal 
     Government in contributing to the end of homelessness'';
       (2) in section 202 (42 U.S.C. 11312)--
       (A) in subsection (a)--
       (i) by redesignating paragraph (16) as paragraph (22); and
       (ii) by inserting after paragraph (15) the following:
       ``(16) The Commissioner of Social Security, or the designee 
     of the Commissioner.
       ``(17) The Attorney General of the United States, or the 
     designee of the Attorney General.
       ``(18) The Director of the Office of Management and Budget, 
     or the designee of the Director.
       ``(19) The Director of the Office of Faith-Based and 
     Community Initiatives, or the designee of the Director.
       ``(20) The Director of USA FreedomCorps, or the designee of 
     the Director.'';
       (B) in subsection (c), by striking ``annually'' and 
     inserting ``four times each year,

[[Page S4359]]

     and the rotation of the positions of Chairperson and Vice 
     Chairperson required under subsection (b) shall occur at the 
     first meeting of each year''; and
       (C) by adding at the end the following:
       ``(e) Administration.--The Executive Director of the 
     Council shall report to the Chairman of the Council.'';
       (3) in section 203(a) (42 U.S.C. 11313(a))--
       (A) by redesignating paragraphs (1), (2), (3), (4), (5), 
     (6), and (7) as paragraphs (2), (3), (4), (5), (9), (10), and 
     (11), respectively;
       (B) by inserting before paragraph (2), as so redesignated 
     by subparagraph (A), the following:
       ``(1) not later than 12 months after the date of the 
     enactment of the Homeless Emergency Assistance and Rapid 
     Transition to Housing Act of 2009, develop, make available 
     for public comment, and submit to the President and to 
     Congress a National Strategic Plan to End Homelessness, and 
     shall update such plan annually;'';
       (C) in paragraph (5), as redesignated by subparagraph (A), 
     by striking ``at least 2, but in no case more than 5'' and 
     inserting ``not less than 5, but in no case more than 10'';
       (D) by inserting after paragraph (5), as so redesignated by 
     subparagraph (A), the following:
       ``(6) encourage the creation of State Interagency Councils 
     on Homelessness and the formulation of jurisdictional 10-year 
     plans to end homelessness at State, city, and county levels;
       ``(7) annually obtain from Federal agencies their 
     identification of consumer-oriented entitlement and other 
     resources for which persons experiencing homelessness may be 
     eligible and the agencies' identification of improvements to 
     ensure access; develop mechanisms to ensure access by persons 
     experiencing homelessness to all Federal, State, and local 
     programs for which the persons are eligible, and to verify 
     collaboration among entities within a community that receive 
     Federal funding under programs targeted for persons 
     experiencing homelessness, and other programs for which 
     persons experiencing homelessness are eligible, including 
     mainstream programs identified by the Government 
     Accountability Office in the reports entitled `Homelessness: 
     Coordination and Evaluation of Programs Are Essential', 
     issued February 26, 1999, and `Homelessness: Barriers to 
     Using Mainstream Programs', issued July 6, 2000;
       ``(8) conduct research and evaluation related to its 
     functions as defined in this section;
       ``(9) develop joint Federal agency and other initiatives to 
     fulfill the goals of the agency;'';
       (E) in paragraph (10), as so redesignated by subparagraph 
     (A), by striking ``and'' at the end;
       (F) in paragraph (11), as so redesignated by subparagraph 
     (A), by striking the period at the end and inserting a 
     semicolon;
       (G) by adding at the end the following new paragraphs:
       ``(12) develop constructive alternatives to criminalizing 
     homelessness and eliminate laws and policies that prohibit 
     sleeping, feeding, sitting, resting, or lying in public 
     spaces when there are no suitable alternatives, result in the 
     destruction of a homeless person's property without due 
     process, or are selectively enforced against homeless 
     persons; and
       ``(13) not later than the expiration of the 6-month period 
     beginning upon completion of the study requested in a letter 
     to the Acting Comptroller General from the Chair and Ranking 
     Member of the House Financial Services Committee and several 
     other members regarding various definitions of homelessness 
     in Federal statutes, convene a meeting of representatives of 
     all Federal agencies and committees of the House of 
     Representatives and the Senate having jurisdiction over any 
     Federal program to assist homeless individuals or families, 
     local and State governments, academic researchers who 
     specialize in homelessness, nonprofit housing and service 
     providers that receive funding under any Federal program to 
     assist homeless individuals or families, organizations 
     advocating on behalf of such nonprofit providers and homeless 
     persons receiving housing or services under any such Federal 
     program, and homeless persons receiving housing or services 
     under any such Federal program, at which meeting such 
     representatives shall discuss all issues relevant to whether 
     the definitions of `homeless' under paragraphs (1) through 
     (4) of section 103(a) of the McKinney-Vento Homeless 
     Assistance Act, as amended by section 3 of the Homeless 
     Emergency Assistance and Rapid Transition to Housing Act of 
     2009, should be modified by the Congress, including whether 
     there is a compelling need for a uniform definition of 
     homelessness under Federal law, the extent to which the 
     differences in such definitions create barriers for 
     individuals to accessing services and to collaboration 
     between agencies, and the relative availability, and barriers 
     to access by persons defined as homeless, of mainstream 
     programs identified by the Government Accountability Office 
     in the two reports identified in paragraph (7) of this 
     subsection; and shall submit transcripts of such meeting, and 
     any majority and dissenting recommendations from such 
     meetings, to each committee of the House of Representatives 
     and the Senate having jurisdiction over any Federal program 
     to assist homeless individuals or families not later than the 
     expiration of the 60-day period beginning upon conclusion of 
     such meeting.''.
       (4) in section 203(b)(1) (42 U.S.C. 11313(b))--
       (A) by striking ``Federal'' and inserting ``national'';
       (B) by striking ``; and'' and inserting ``and pay for 
     expenses of attendance at meetings which are concerned with 
     the functions or activities for which the appropriation is 
     made;'';
       (5) in section 205(d) (42 U.S.C. 11315(d)), by striking 
     ``property.'' and inserting ``property, both real and 
     personal, public and private, without fiscal year limitation, 
     for the purpose of aiding or facilitating the work of the 
     Council.''; and
       (6) by striking section 208 (42 U.S.C. 11318) and inserting 
     the following:

     ``SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title $3,000,000 for fiscal year 2010 and such sums as may be 
     necessary for fiscal years 2011. Any amounts appropriated to 
     carry out this title shall remain available until 
     expended.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on, and shall apply beginning on, the date 
     of the enactment of this Act .

             TITLE I--HOUSING ASSISTANCE GENERAL PROVISIONS

     SEC. 101. DEFINITIONS.

       Subtitle A of title IV of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11361 et seq.) is amended--
       (1) by striking the subtitle heading and inserting the 
     following:

                  ``Subtitle A--General Provisions'';

       (2) by redesignating sections 401 and 402 (42 U.S.C. 11361, 
     11362) as sections 403 and 406, respectively; and
       (3) by inserting before section 403 (as so redesignated by 
     paragraph (2) of this section) the following new section:

     ``SEC. 401. DEFINITIONS.

       ``For purposes of this title:
       ``(1) At risk of homelessness.--The term `at risk of 
     homelessness' means, with respect to an individual or family, 
     that the individual or family--
       ``(A) has income below 30 percent of median income for the 
     geographic area;
       ``(B) has insufficient resources immediately available to 
     attain housing stability; and
       ``(C)(i) has moved frequently because of economic reasons;
       ``(ii) is living in the home of another because of economic 
     hardship;
       ``(iii) has been notified that their right to occupy their 
     current housing or living situation will be terminated;
       ``(iv) lives in a hotel or motel;
       ``(v) lives in severely overcrowded housing;
       ``(vi) is exiting an institution; or
       ``(vii) otherwise lives in housing that has characteristics 
     associated with instability and an increased risk of 
     homelessness.
     Such term includes all families with children and youth 
     defined as homeless under other Federal statutes.
       ``(2) Chronically homeless.--
       ``(A) In general.--The term `chronically homeless' means, 
     with respect to an individual or family, that the individual 
     or family--
       ``(i) is homeless and lives or resides in a place not meant 
     for human habitation, a safe haven, or in an emergency 
     shelter;
       ``(ii) has been homeless and living or residing in a place 
     not meant for human habitation, a safe haven, or in an 
     emergency shelter continuously for at least 1 year or on at 
     least 4 separate occasions in the last 3 years; and
       ``(iii) has an adult head of household (or a minor head of 
     household if no adult is present in the household) with a 
     diagnosable substance use disorder, serious mental illness, 
     developmental disability (as defined in section 102 of the 
     Developmental Disabilities Assistance and Bill of Rights Act 
     of 2000 (42 U.S.C. 15002)), post traumatic stress disorder, 
     cognitive impairments resulting from a brain injury, or 
     chronic physical illness or disability, including the co-
     occurrence of 2 or more of those conditions.
       ``(B) Rule of construction.--A person who currently lives 
     or resides in an institutional care facility, including a 
     jail, substance abuse or mental health treatment facility, 
     hospital or other similar facility, and has resided there for 
     fewer than 90 days shall be considered chronically homeless 
     if such person met all of the requirements described in 
     subparagraph (A) prior to entering that facility.
       ``(3) Collaborative applicant.--The term `collaborative 
     applicant' means an entity that--
       ``(A) carries out the duties specified in section 402;
       ``(B) serves as the applicant for project sponsors who 
     jointly submit a single application for a grant under 
     subtitle C in accordance with a collaborative process; and
       ``(C) if the entity is a legal entity and is awarded such 
     grant, receives such grant directly from the Secretary.
       ``(4) Collaborative application.--The term `collaborative 
     application' means an application for a grant under subtitle 
     C that--
       ``(A) satisfies section 422; and
       ``(B) is submitted to the Secretary by a collaborative 
     applicant.
       ``(5) Consolidated plan.--The term `Consolidated Plan' 
     means a comprehensive housing affordability strategy and 
     community development plan required in part 91 of title 24, 
     Code of Federal Regulations.
       ``(6) Eligible entity.--The term `eligible entity' means, 
     with respect to a subtitle, a public entity, a private 
     entity, or an entity

[[Page S4360]]

     that is a combination of public and private entities, that is 
     eligible to directly receive grant amounts under such 
     subtitle.
       ``(7) Families with children and youth defined as homeless 
     under other federal statutes.--The term `families with 
     children and youth defined as homeless under other Federal 
     statutes' means any children or youth that are defined as 
     `homeless' under any Federal statute other than this 
     subtitle, but are not defined as homeless under section 103, 
     and shall also include the parent, parents, or guardian of 
     such children or youth under subtitle B of title VII this Act 
     (42 U.S.C. 11431 et seq.).
       ``(8) Geographic area.--The term `geographic area' means a 
     State, metropolitan city, urban county, town, village, or 
     other nonentitlement area, or a combination or consortia of 
     such, in the United States, as described in section 106 of 
     the Housing and Community Development Act of 1974 (42 U.S.C. 
     5306).
       ``(9) Homeless individual with a disability.--
       ``(A) In general.--The term `homeless individual with a 
     disability' means an individual who is homeless, as defined 
     in section 103, and has a disability that--
       ``(i)(I) is expected to be long-continuing or of indefinite 
     duration;
       ``(II) substantially impedes the individual's ability to 
     live independently;
       ``(III) could be improved by the provision of more suitable 
     housing conditions; and
       ``(IV) is a physical, mental, or emotional impairment, 
     including an impairment caused by alcohol or drug abuse, post 
     traumatic stress disorder, or brain injury;
       ``(ii) is a developmental disability, as defined in section 
     102 of the Developmental Disabilities Assistance and Bill of 
     Rights Act of 2000 (42 U.S.C. 15002); or
       ``(iii) is the disease of acquired immunodeficiency 
     syndrome or any condition arising from the etiologic agency 
     for acquired immunodeficiency syndrome.
       ``(B) Rule.--Nothing in clause (iii) of subparagraph (A) 
     shall be construed to limit eligibility under clause (i) or 
     (ii) of subparagraph (A).
       ``(10) Legal entity.--The term `legal entity' means--
       ``(A) an entity described in section 501(c)(3) of the 
     Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and 
     exempt from tax under section 501(a) of such Code;
       ``(B) an instrumentality of State or local government; or
       ``(C) a consortium of instrumentalities of State or local 
     governments that has constituted itself as an entity.
       ``(11) Metropolitan city; urban county; nonentitlement 
     area.--The terms `metropolitan city', `urban county', and 
     `nonentitlement area' have the meanings given such terms in 
     section 102(a) of the Housing and Community Development Act 
     of 1974 (42 U.S.C. 5302(a)).
       ``(12) New.--The term `new' means, with respect to housing, 
     that no assistance has been provided under this title for the 
     housing.
       ``(13) Operating costs.--The term `operating costs' means 
     expenses incurred by a project sponsor operating transitional 
     housing or permanent housing under this title with respect 
     to--
       ``(A) the administration, maintenance, repair, and security 
     of such housing;
       ``(B) utilities, fuel, furnishings, and equipment for such 
     housing; or
       ``(C) coordination of services as needed to ensure long-
     term housing stability.
       ``(14) Outpatient health services.--The term `outpatient 
     health services' means outpatient health care services, 
     mental health services, and outpatient substance abuse 
     services.
       ``(15) Permanent housing.--The term `permanent housing' 
     means community-based housing without a designated length of 
     stay, and includes both permanent supportive housing and 
     permanent housing without supportive services.
       ``(16) Personally identifying information.--The term 
     `personally identifying information' means individually 
     identifying information for or about an individual, including 
     information likely to disclose the location of a victim of 
     domestic violence, dating violence, sexual assault, or 
     stalking, including--
       ``(A) a first and last name;
       ``(B) a home or other physical address;
       ``(C) contact information (including a postal, e-mail or 
     Internet protocol address, or telephone or facsimile number);
       ``(D) a social security number; and
       ``(E) any other information, including date of birth, 
     racial or ethnic background, or religious affiliation, that, 
     in combination with any other non-personally identifying 
     information, would serve to identify any individual.
       ``(17) Private nonprofit organization.--The term `private 
     nonprofit organization' means an organization--
       ``(A) no part of the net earnings of which inures to the 
     benefit of any member, founder, contributor, or individual;
       ``(B) that has a voluntary board;
       ``(C) that has an accounting system, or has designated a 
     fiscal agent in accordance with requirements established by 
     the Secretary; and
       ``(D) that practices nondiscrimination in the provision of 
     assistance.
       ``(18) Project.--The term `project' means, with respect to 
     activities carried out under subtitle C, eligible activities 
     described in section 423(a), undertaken pursuant to a 
     specific endeavor, such as serving a particular population or 
     providing a particular resource.
       ``(19) Project-based.--The term `project-based' means, with 
     respect to rental assistance, that the assistance is provided 
     pursuant to a contract that--
       ``(A) is between--
       ``(i) the recipient or a project sponsor; and
       ``(ii) an owner of a structure that exists as of the date 
     the contract is entered into; and
       ``(B) provides that rental assistance payments shall be 
     made to the owner and that the units in the structure shall 
     be occupied by eligible persons for not less than the term of 
     the contract.
       ``(20) Project sponsor.--The term `project sponsor' means, 
     with respect to proposed eligible activities, the 
     organization directly responsible for carrying out the 
     proposed eligible activities.
       ``(21) Recipient.--Except as used in subtitle B, the term 
     `recipient' means an eligible entity who--
       ``(A) submits an application for a grant under section 422 
     that is approved by the Secretary;
       ``(B) receives the grant directly from the Secretary to 
     support approved projects described in the application; and
       ``(C)(i) serves as a project sponsor for the projects; or
       ``(ii) awards the funds to project sponsors to carry out 
     the projects.
       ``(22) Secretary.--The term `Secretary' means the Secretary 
     of Housing and Urban Development.
       ``(23) Serious mental illness.--The term `serious mental 
     illness' means a severe and persistent mental illness or 
     emotional impairment that seriously limits a person's ability 
     to live independently.
       ``(24) Solo applicant.--The term `solo applicant' means an 
     entity that is an eligible entity, directly submits an 
     application for a grant under subtitle C to the Secretary, 
     and, if awarded such grant, receives such grant directly from 
     the Secretary.
       ``(25) Sponsor-based.--The term `sponsor-based' means, with 
     respect to rental assistance, that the assistance is provided 
     pursuant to a contract that--
       ``(A) is between--
       ``(i) the recipient or a project sponsor; and
       ``(ii) an independent entity that--

       ``(I) is a private organization; and
       ``(II) owns or leases dwelling units; and

       ``(B) provides that rental assistance payments shall be 
     made to the independent entity and that eligible persons 
     shall occupy such assisted units.
       ``(26) State.--Except as used in subtitle B, the term 
     `State' means each of the several States, the District of 
     Columbia, the Commonwealth of Puerto Rico, the United States 
     Virgin Islands, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, the Trust Territory of the Pacific 
     Islands, and any other territory or possession of the United 
     States.
       ``(27) Supportive services.--The term `supportive services' 
     means services that address the special needs of people 
     served by a project, including--
       ``(A) the establishment and operation of a child care 
     services program for families experiencing homelessness;
       ``(B) the establishment and operation of an employment 
     assistance program, including providing job training;
       ``(C) the provision of outpatient health services, food, 
     and case management;
       ``(D) the provision of assistance in obtaining permanent 
     housing, employment counseling, and nutritional counseling;
       ``(E) the provision of outreach services, advocacy, life 
     skills training, and housing search and counseling services;
       ``(F) the provision of mental health services, trauma 
     counseling, and victim services;
       ``(G) the provision of assistance in obtaining other 
     Federal, State, and local assistance available for residents 
     of supportive housing (including mental health benefits, 
     employment counseling, and medical assistance, but not 
     including major medical equipment);
       ``(H) the provision of legal services for purposes 
     including requesting reconsiderations and appeals of veterans 
     and public benefit claim denials and resolving outstanding 
     warrants that interfere with an individual's ability to 
     obtain and retain housing;
       ``(I) the provision of--
       ``(i) transportation services that facilitate an 
     individual's ability to obtain and maintain employment; and
       ``(ii) health care; and
       ``(J) other supportive services necessary to obtain and 
     maintain housing.
       ``(28) Tenant-based.--The term `tenant-based' means, with 
     respect to rental assistance, assistance that--
       ``(A) allows an eligible person to select a housing unit in 
     which such person will live using rental assistance provided 
     under subtitle C, except that if necessary to assure that the 
     provision of supportive services to a person participating in 
     a program is feasible, a recipient or project sponsor may 
     require that the person live--
       ``(i) in a particular structure or unit for not more than 
     the first year of the participation;
       ``(ii) within a particular geographic area for the full 
     period of the participation, or the period remaining after 
     the period referred to in subparagraph (A); and
       ``(B) provides that a person may receive such assistance 
     and move to another structure, unit, or geographic area if 
     the person has complied with all other obligations of the 
     program and has moved out of the assisted dwelling unit in 
     order to protect the

[[Page S4361]]

     health or safety of an individual who is or has been the 
     victim of domestic violence, dating violence, sexual assault, 
     or stalking, and who reasonably believed he or she was 
     imminently threatened by harm from further violence if he or 
     she remained in the assisted dwelling unit.
       ``(29) Transitional housing.--The term `transitional 
     housing' means housing the purpose of which is to facilitate 
     the movement of individuals and families experiencing 
     homelessness to permanent housing within 24 months or such 
     longer period as the Secretary determines necessary.
       ``(30) Unified funding agency.--The term `unified funding 
     agency' means a collaborative applicant that performs the 
     duties described in section 402(g).
       ``(31) Underserved populations.--The term `underserved 
     populations' includes populations underserved because of 
     geographic location, underserved racial and ethnic 
     populations, populations underserved because of special needs 
     (such as language barriers, disabilities, alienage status, or 
     age), and any other population determined to be underserved 
     by the Secretary, as appropriate.
       ``(32) Victim service provider.--The term `victim service 
     provider' means a private nonprofit organization whose 
     primary mission is to provide services to victims of domestic 
     violence, dating violence, sexual assault, or stalking. Such 
     term includes rape crisis centers, battered women's shelters, 
     domestic violence transitional housing programs, and other 
     programs.
       ``(33) Victim services.--The term `victim services' means 
     services that assist domestic violence, dating violence, 
     sexual assault, or stalking victims, including services 
     offered by rape crisis centers and domestic violence 
     shelters, and other organizations, with a documented history 
     of effective work concerning domestic violence, dating 
     violence, sexual assault, or stalking.''.

     SEC. 102. COMMUNITY HOMELESS ASSISTANCE PLANNING BOARDS.

       Subtitle A of title IV of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11361 et seq.) is amended by 
     inserting after section 401 (as added by section 101(3) of 
     this Act) the following new section:

     ``SEC. 402. COLLABORATIVE APPLICANTS.

       ``(a) Establishment and Designation.--A collaborative 
     applicant shall be established for a geographic area by the 
     relevant parties in that geographic area to--
       ``(1) submit an application for amounts under this 
     subtitle; and
       ``(2) perform the duties specified in subsection (f) and, 
     if applicable, subsection (g).
       ``(b) No Requirement to Be a Legal Entity.--An entity may 
     be established to serve as a collaborative applicant under 
     this section without being a legal entity.
       ``(c) Remedial Action.--If the Secretary finds that a 
     collaborative applicant for a geographic area does not meet 
     the requirements of this section, or if there is no 
     collaborative applicant for a geographic area, the Secretary 
     may take remedial action to ensure fair distribution of grant 
     amounts under subtitle C to eligible entities within that 
     area. Such measures may include designating another body as a 
     collaborative applicant, or permitting other eligible 
     entities to apply directly for grants.
       ``(d) Construction.--Nothing in this section shall be 
     construed to displace conflict of interest or government fair 
     practices laws, or their equivalent, that govern applicants 
     for grant amounts under subtitles B and C.
       ``(e) Appointment of Agent.--
       ``(1) In general.--Subject to paragraph (2), a 
     collaborative applicant may designate an agent to--
       ``(A) apply for a grant under section 422(c);
       ``(B) receive and distribute grant funds awarded under 
     subtitle C; and
       ``(C) perform other administrative duties.
       ``(2) Retention of duties.--Any collaborative applicant 
     that designates an agent pursuant to paragraph (1) shall 
     regardless of such designation retain all of its duties and 
     responsibilities under this title.
       ``(f) Duties.--A collaborative applicant shall--
       ``(1) design a collaborative process for the development of 
     an application under subtitle C, and for evaluating the 
     outcomes of projects for which funds are awarded under 
     subtitle B, in such a manner as to provide information 
     necessary for the Secretary--
       ``(A) to determine compliance with--
       ``(i) the program requirements under section 426; and
       ``(ii) the selection criteria described under section 427; 
     and
       ``(B) to establish priorities for funding projects in the 
     geographic area involved;
       ``(2) participate in the Consolidated Plan for the 
     geographic area served by the collaborative applicant; and
       ``(3) ensure operation of, and consistent participation by, 
     project sponsors in a community-wide homeless management 
     information system (in this subsection referred to as `HMIS') 
     that--
       ``(A) collects unduplicated counts of individuals and 
     families experiencing homelessness;
       ``(B) analyzes patterns of use of assistance provided under 
     subtitles B and C for the geographic area involved;
       ``(C) provides information to project sponsors and 
     applicants for needs analyses and funding priorities; and
       ``(D) is developed in accordance with standards established 
     by the Secretary, including standards that provide for--
       ``(i) encryption of data collected for purposes of HMIS;
       ``(ii) documentation, including keeping an accurate 
     accounting, proper usage, and disclosure, of HMIS data;
       ``(iii) access to HMIS data by staff, contractors, law 
     enforcement, and academic researchers;
       ``(iv) rights of persons receiving services under this 
     title;
       ``(v) criminal and civil penalties for unlawful disclosure 
     of data; and
       ``(vi) such other standards as may be determined necessary 
     by the Secretary.
       ``(g) Unified Funding.--
       ``(1) In general.--In addition to the duties described in 
     subsection (f), a collaborative applicant shall receive from 
     the Secretary and distribute to other project sponsors in the 
     applicable geographic area funds for projects to be carried 
     out by such other project sponsors, if--
       ``(A) the collaborative applicant--
       ``(i) applies to undertake such collection and distribution 
     responsibilities in an application submitted under this 
     subtitle; and
       ``(ii) is selected to perform such responsibilities by the 
     Secretary; or
       ``(B) the Secretary designates the collaborative applicant 
     as the unified funding agency in the geographic area, after--
       ``(i) a finding by the Secretary that the applicant--

       ``(I) has the capacity to perform such responsibilities; 
     and
       ``(II) would serve the purposes of this Act as they apply 
     to the geographic area; and

       ``(ii) the Secretary provides the collaborative applicant 
     with the technical assistance necessary to perform such 
     responsibilities as such assistance is agreed to by the 
     collaborative applicant.
       ``(2) Required actions by a unified funding agency.--A 
     collaborative applicant that is either selected or designated 
     as a unified funding agency for a geographic area under 
     paragraph (1) shall--
       ``(A) require each project sponsor who is funded by a grant 
     received under subtitle C to establish such fiscal control 
     and fund accounting procedures as may be necessary to assure 
     the proper disbursal of, and accounting for, Federal funds 
     awarded to the project sponsor under subtitle C in order to 
     ensure that all financial transactions carried out under 
     subtitle C are conducted, and records maintained, in 
     accordance with generally accepted accounting principles; and
       ``(B) arrange for an annual survey, audit, or evaluation of 
     the financial records of each project carried out by a 
     project sponsor funded by a grant received under subtitle C.
       ``(h) Conflict of Interest.--No board member of a 
     collaborative applicant may participate in decisions of the 
     collaborative applicant concerning the award of a grant, or 
     provision of other financial benefits, to such member or the 
     organization that such member represents.''.

     SEC. 103. GENERAL PROVISIONS.

       Subtitle A of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11361 et seq.) is amended by inserting after 
     section 403 (as so redesignated by section 101(2) of this 
     Act) the following new sections:

     ``SEC. 404. PREVENTING INVOLUNTARY FAMILY SEPARATION.

       ``(a) In General.--After the expiration of the 2-year 
     period that begins upon the date of the enactment of the 
     Homeless Emergency Assistance and Rapid Transition to Housing 
     Act of 2009, and except as provided in subsection (b), any 
     project sponsor receiving funds under this title to provide 
     emergency shelter, transitional housing, or permanent housing 
     to families with children under age 18 shall not deny 
     admission to any family based on the age of any child under 
     age 18.
       ``(b) Exception.--Notwithstanding the requirement under 
     subsection (a), project sponsors of transitional housing 
     receiving funds under this title may target transitional 
     housing resources to families with children of a specific age 
     only if the project sponsor--
       ``(1) operates a transitional housing program that has a 
     primary purpose of implementing an evidence-based practice 
     that requires that housing units be targeted to families with 
     children in a specific age group; and
       ``(2) provides such assurances, as the Secretary shall 
     require, that an equivalent appropriate alternative living 
     arrangement for the whole family or household unit has been 
     secured.

     ``SEC. 405. TECHNICAL ASSISTANCE.

       ``(a) In General.--The Secretary shall make available 
     technical assistance to private nonprofit organizations and 
     other nongovernmental entities, States, metropolitan cities, 
     urban counties, and counties that are not urban counties, to 
     implement effective planning processes for preventing and 
     ending homelessness, to improve their capacity to prepare 
     collaborative applications, to prevent the separation of 
     families in emergency shelter or other housing programs, and 
     to adopt and provide best practices in housing and services 
     for persons experiencing homeless.
       ``(b) Reservation.--The Secretary shall reserve not more 
     than 1 percent of the funds made available for any fiscal 
     year for carrying out subtitles B and C, to provide technical 
     assistance under subsection (a).''.

     SEC. 104. PROTECTION OF PERSONALLY IDENTIFYING INFORMATION BY 
                   VICTIM SERVICE PROVIDERS.

       Subtitle A of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11361 et seq.), as amended by the preceding 
     provisions of

[[Page S4362]]

     this title, is further amended by adding at the end the 
     following new section:

     ``SEC. 407. PROTECTION OF PERSONALLY IDENTIFYING INFORMATION 
                   BY VICTIM SERVICE PROVIDERS.

       ``In the course of awarding grants or implementing programs 
     under this title, the Secretary shall instruct any victim 
     service provider that is a recipient or subgrantee not to 
     disclose for purposes of the Homeless Management Information 
     System any personally identifying information about any 
     client. The Secretary may, after public notice and comment, 
     require or ask such recipients and subgrantees to disclose 
     for purposes of the Homeless Management Information System 
     non-personally identifying information that has been de-
     identified, encrypted, or otherwise encoded. Nothing in this 
     section shall be construed to supersede any provision of any 
     Federal, State, or local law that provides greater protection 
     than this subsection for victims of domestic violence, dating 
     violence, sexual assault, or stalking.''.

     SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

       Subtitle A of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11361 et seq.), as amended by the preceding 
     provisions of this title, is further amended by adding at the 
     end the following new section:

     ``SEC. 408. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title $2,200,000,000 for fiscal year 2010 and such sums as 
     may be necessary for fiscal year 2011.''.

              TITLE II--EMERGENCY SOLUTIONS GRANTS PROGRAM

     SEC. 201. GRANT ASSISTANCE.

       Subtitle B of title IV of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11371 et seq.) is amended--
       (1) by striking the subtitle heading and inserting the 
     following:

          ``Subtitle B--Emergency Solutions Grants Program'';

       (2) by striking section 417 (42 U.S.C. 11377);
       (3) by redesignating sections 413 through 416 (42 U.S.C. 
     11373-6) as sections 414 through 417, respectively; and
       (4) by striking section 412 (42 U.S.C. 11372) and inserting 
     the following:

     ``SEC. 412. GRANT ASSISTANCE.

       ``The Secretary shall make grants to States and local 
     governments (and to private nonprofit organizations providing 
     assistance to persons experiencing homelessness or at risk of 
     homelessness, in the case of grants made with reallocated 
     amounts) for the purpose of carrying out activities described 
     in section 415.

     ``SEC. 413. AMOUNT AND ALLOCATION OF ASSISTANCE.

       ``(a) In General.--Of the amount made available to carry 
     out this subtitle and subtitle C for a fiscal year, the 
     Secretary shall allocate nationally 20 percent of such amount 
     for activities described in section 415. The Secretary shall 
     be required to certify that such allocation will not 
     adversely affect the renewal of existing projects under this 
     subtitle and subtitle C for those individuals or families who 
     are homeless.
       ``(b) Allocation.--An entity that receives a grant under 
     section 412, and serves an area that includes 1 or more 
     geographic areas (or portions of such areas) served by 
     collaborative applicants that submit applications under 
     subtitle C, shall allocate the funds made available through 
     the grant to carry out activities described in section 415, 
     in consultation with the collaborative applicants.''; and
       (5) in section 414(b) (42 U.S.C. 11373(b)), as so 
     redesignated by paragraph (3) of this section, by striking 
     ``amounts appropriated'' and all that follows through ``for 
     any'' and inserting ``amounts appropriated under section 408 
     and made available to carry out this subtitle for any''.

     SEC. 202. ELIGIBLE ACTIVITIES.

       The McKinney-Vento Homeless Assistance Act is amended by 
     striking section 415 (42 U.S.C. 11374), as so redesignated by 
     section 201(3) of this Act, and inserting the following new 
     section:

     ``SEC. 415. ELIGIBLE ACTIVITIES.

       ``(a) In General.--Assistance provided under section 412 
     may be used for the following activities:
       ``(1) The renovation, major rehabilitation, or conversion 
     of buildings to be used as emergency shelters.
       ``(2) The provision of essential services related to 
     emergency shelter or street outreach, including services 
     concerned with employment, health, education, family support 
     services for homeless youth, substance abuse services, victim 
     services, or mental health services, if--
       ``(A) such essential services have not been provided by the 
     local government during any part of the immediately preceding 
     12-month period or the Secretary determines that the local 
     government is in a severe financial deficit; or
       ``(B) the use of assistance under this subtitle would 
     complement the provision of those essential services.
       ``(3) Maintenance, operation, insurance, provision of 
     utilities, and provision of furnishings related to emergency 
     shelter.
       ``(4) Provision of rental assistance to provide short-term 
     or medium-term housing to homeless individuals or families or 
     individuals or families at risk of homelessness. Such rental 
     assistance may include tenant-based or project-based rental 
     assistance.
       ``(5) Housing relocation or stabilization services for 
     homeless individuals or families or individuals or families 
     at risk of homelessness, including housing search, mediation 
     or outreach to property owners, legal services, credit 
     repair, providing security or utility deposits, utility 
     payments, rental assistance for a final month at a location, 
     assistance with moving costs, or other activities that are 
     effective at--
       ``(A) stabilizing individuals and families in their current 
     housing; or
       ``(B) quickly moving such individuals and families to other 
     permanent housing.
       ``(b) Maximum Allocation for Emergency Shelter 
     Activities.--A grantee of assistance provided under section 
     412 for any fiscal year may not use an amount of such 
     assistance for activities described in paragraphs (1) through 
     (3) of subsection (a) that exceeds the greater of--
       ``(1) 60 percent of the aggregate amount of such assistance 
     provided for the grantee for such fiscal year; or
       ``(2) the amount expended by such grantee for such 
     activities during fiscal year most recently completed before 
     the effective date under section 503 of the Homeless 
     Emergency Assistance and Rapid Transition to Housing Act of 
     2009.''.

     SEC. 203. PARTICIPATION IN HOMELESS MANAGEMENT INFORMATION 
                   SYSTEM.

       Section 416 of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11375), as so redesignated by section 201(3) of 
     this Act, is amended by adding at the end the following new 
     subsection:
       ``(f) Participation in HMIS.--The Secretary shall ensure 
     that recipients of funds under this subtitle ensure the 
     consistent participation by emergency shelters and 
     homelessness prevention and rehousing programs in any 
     applicable community-wide homeless management information 
     system.''.

     SEC. 204. ADMINISTRATIVE PROVISION.

       Section 418 of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11378) is amended by striking ``5 percent'' and 
     inserting ``7.5 percent''.

     SEC. 205. GAO STUDY OF ADMINISTRATIVE FEES.

       Not later than the expiration of the 12-month period 
     beginning on the date of the enactment of this Act, the 
     Comptroller General of the United States shall--
       (1) conduct a study to examine the appropriate 
     administrative costs for administering the program authorized 
     under subtitle B of title IV of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11371 et seq.); and
       (2) submit to Congress a report on the findings of the 
     study required under paragraph (1).

                  TITLE III--CONTINUUM OF CARE PROGRAM

     SEC. 301. CONTINUUM OF CARE.

       The McKinney-Vento Homeless Assistance Act is amended--
       (1) by striking the subtitle heading for subtitle C of 
     title IV (42 U.S.C. 11381 et seq.) and inserting the 
     following:

             ``Subtitle C--Continuum of Care Program''; and

       (2) by striking sections 421 and 422 (42 U.S.C. 11381 and 
     11382) and inserting the following new sections:

     ``SEC. 421. PURPOSES.

       ``The purposes of this subtitle are--
       ``(1) to promote community-wide commitment to the goal of 
     ending homelessness;
       ``(2) to provide funding for efforts by nonprofit providers 
     and State and local governments to quickly rehouse homeless 
     individuals and families while minimizing the trauma and 
     dislocation caused to individuals, families, and communities 
     by homelessness;
       ``(3) to promote access to, and effective utilization of, 
     mainstream programs described in section 203(a)(7) and 
     programs funded with State or local resources; and
       ``(4) to optimize self-sufficiency among individuals and 
     families experiencing homelessness.

     ``SEC. 422. CONTINUUM OF CARE APPLICATIONS AND GRANTS.

       ``(a) Projects.--The Secretary shall award grants, on a 
     competitive basis, and using the selection criteria described 
     in section 427, to carry out eligible activities under this 
     subtitle for projects that meet the program requirements 
     under section 426, either by directly awarding funds to 
     project sponsors or by awarding funds to unified funding 
     agencies.
       ``(b) Notification of Funding Availability.--The Secretary 
     shall release a notification of funding availability for 
     grants awarded under this subtitle for a fiscal year not 
     later than 3 months after the date of the enactment of the 
     appropriate Act making appropriations for the Department of 
     Housing and Urban Development for such fiscal year.
       ``(c) Applications.--
       ``(1) Submission to the secretary.--To be eligible to 
     receive a grant under subsection (a), a project sponsor or 
     unified funding agency in a geographic area shall submit an 
     application to the Secretary at such time and in such manner 
     as the Secretary may require, and containing such information 
     as the Secretary determines necessary--
       ``(A) to determine compliance with the program requirements 
     and selection criteria under this subtitle; and
       ``(B) to establish priorities for funding projects in the 
     geographic area.
       ``(2) Announcement of awards.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall announce, within 5 months after the last 
     date for the submission of applications described in this 
     subsection for a fiscal year, the

[[Page S4363]]

     grants conditionally awarded under subsection (a) for that 
     fiscal year.
       ``(B) Transition.--For a period of up to 2 years beginning 
     after the effective date under section 503 of the Homeless 
     Emergency Assistance and Rapid Transition to Housing Act of 
     2009, the Secretary shall announce, within 6 months after the 
     last date for the submission of applications described in 
     this subsection for a fiscal year, the grants conditionally 
     awarded under subsection (a) for that fiscal year.
       ``(d) Obligation, Distribution, and Utilization of Funds.--
       ``(1) Requirements for obligation.--
       ``(A) In general.--Not later than 9 months after the 
     announcement referred to in subsection (c)(2), each recipient 
     or project sponsor shall meet all requirements for the 
     obligation of those funds, including site control, matching 
     funds, and environmental review requirements, except as 
     provided in subparagraphs (B) and (C).
       ``(B) Acquisition, rehabilitation, or construction.--Not 
     later than 24 months after the announcement referred to in 
     subsection (c)(2), each recipient or project sponsor seeking 
     the obligation of funds for acquisition of housing, 
     rehabilitation of housing, or construction of new housing for 
     a grant announced under subsection (c)(2) shall meet all 
     requirements for the obligation of those funds, including 
     site control, matching funds, and environmental review 
     requirements.
       ``(C) Extensions.--At the discretion of the Secretary, and 
     in compelling circumstances, the Secretary may extend the 
     date by which a recipient or project sponsor shall meet the 
     requirements described in subparagraphs (A) and (B) if the 
     Secretary determines that compliance with the requirements 
     was delayed due to factors beyond the reasonable control of 
     the recipient or project sponsor. Such factors may include 
     difficulties in obtaining site control for a proposed 
     project, completing the process of obtaining secure financing 
     for the project, obtaining approvals from State or local 
     governments, or completing the technical submission 
     requirements for the project.
       ``(2) Obligation.--Not later than 45 days after a recipient 
     or project sponsor meets the requirements described in 
     paragraph (1), the Secretary shall obligate the funds for the 
     grant involved.
       ``(3) Distribution.--A recipient that receives funds 
     through such a grant--
       ``(A) shall distribute the funds to project sponsors (in 
     advance of expenditures by the project sponsors); and
       ``(B) shall distribute the appropriate portion of the funds 
     to a project sponsor not later than 45 days after receiving a 
     request for such distribution from the project sponsor.
       ``(4) Expenditure of funds.--The Secretary may establish a 
     date by which funds made available through a grant announced 
     under subsection (c)(2) for a homeless assistance project 
     shall be entirely expended by the recipient or project 
     sponsors involved. The date established under this paragraph 
     shall not occur before the expiration of the 24-month period 
     beginning on the date that funds are obligated for activities 
     described under paragraphs (1) or (2) of section 423(a). The 
     Secretary shall recapture the funds not expended by such 
     date. The Secretary shall reallocate the funds for another 
     homeless assistance and prevention project that meets the 
     requirements of this subtitle to be carried out, if possible 
     and appropriate, in the same geographic area as the area 
     served through the original grant.
       ``(e) Renewal Funding for Unsuccessful Applicants.--The 
     Secretary may renew funding for a specific project previously 
     funded under this subtitle that the Secretary determines 
     meets the purposes of this subtitle, and was included as part 
     of a total application that met the criteria of subsection 
     (c), even if the application was not selected to receive 
     grant assistance. The Secretary may renew the funding for a 
     period of not more than 1 year, and under such conditions as 
     the Secretary determines to be appropriate.
       ``(f) Considerations in Determining Renewal Funding.--When 
     providing renewal funding for leasing, operating costs, or 
     rental assistance for permanent housing, the Secretary shall 
     make adjustments proportional to increases in the fair market 
     rents in the geographic area.
       ``(g) More Than 1 Application for a Geographic Area.--If 
     more than 1 collaborative applicant applies for funds for a 
     geographic area, the Secretary shall award funds to the 
     collaborative applicant with the highest score based on the 
     selection criteria set forth in section 427.
       ``(h) Appeals.--
       ``(1) In general.--The Secretary shall establish a timely 
     appeal procedure for grant amounts awarded or denied under 
     this subtitle pursuant to a collaborative application or solo 
     application for funding.
       ``(2) Process.--The Secretary shall ensure that the 
     procedure permits appeals submitted by entities carrying out 
     homeless housing and services projects (including emergency 
     shelters and homelessness prevention programs), and all other 
     applicants under this subtitle.
       ``(i) Solo Applicants.--A solo applicant may submit an 
     application to the Secretary for a grant under subsection (a) 
     and be awarded such grant on the same basis as such grants 
     are awarded to other applicants based on the criteria 
     described in section 427, but only if the Secretary 
     determines that the solo applicant has attempted to 
     participate in the continuum of care process but was not 
     permitted to participate in a reasonable manner. The 
     Secretary may award such grants directly to such applicants 
     in a manner determined to be appropriate by the Secretary.
       ``(j) Flexibility to Serve Persons Defined as Homeless 
     Under Other Federal Laws.--
       ``(1) In general.--A collaborative applicant may use not 
     more than 10 percent of funds awarded under this subtitle 
     (continuum of care funding) for any of the types of eligible 
     activities specified in paragraphs (1) through (7) of section 
     423(a) to serve families with children and youth defined as 
     homeless under other Federal statutes, or homeless families 
     with children and youth defined as homeless under section 
     103(a)(6), but only if the applicant demonstrates that the 
     use of such funds is of an equal or greater priority or is 
     equally or more cost effective in meeting the overall goals 
     and objectives of the plan submitted under section 
     427(b)(1)(B), especially with respect to children and 
     unaccompanied youth.
       ``(2) Limitations.--The 10 percent limitation under 
     paragraph (1) shall not apply to collaborative applicants in 
     which the rate of homelessness, as calculated in the most 
     recent point in time count, is less than one-tenth of 1 
     percent of total population.
       ``(3) Treatment of certain populations.--
       ``(A) In general.--Notwithstanding section 103(a) and 
     subject to subparagraph (B), funds awarded under this 
     subtitle may be used for eligible activities to serve 
     unaccompanied youth and homeless families and children 
     defined as homeless under section 103(a)(6) only pursuant to 
     paragraph (1) of this subsection and such families and 
     children shall not otherwise be considered as homeless for 
     purposes of this subtitle.
       ``(B) At risk of homelessness.--Subparagraph (A) may not be 
     construed to prevent any unaccompanied youth and homeless 
     families and children defined as homeless under section 
     103(a)(6) from qualifying for, and being treated for purposes 
     of this subtitle as, at risk of homelessness or from 
     eligibility for any projects, activities, or services carried 
     out using amounts provided under this subtitle for which 
     individuals or families that are at risk of homelessness are 
     eligible.''.

     SEC. 302. ELIGIBLE ACTIVITIES.

       The McKinney-Vento Homeless Assistance Act is amended by 
     striking section 423 (42 U.S.C. 11383) and inserting the 
     following new section:

     ``SEC. 423. ELIGIBLE ACTIVITIES.

       ``(a) In General.--Grants awarded under section 422 to 
     qualified applicants shall be used to carry out projects that 
     serve homeless individuals or families that consist of one or 
     more of the following eligible activities:
       ``(1) Construction of new housing units to provide 
     transitional or permanent housing.
       ``(2) Acquisition or rehabilitation of a structure to 
     provide transitional or permanent housing, other than 
     emergency shelter, or to provide supportive services.
       ``(3) Leasing of property, or portions of property, not 
     owned by the recipient or project sponsor involved, for use 
     in providing transitional or permanent housing, or providing 
     supportive services.
       ``(4) Provision of rental assistance to provide 
     transitional or permanent housing to eligible persons. The 
     rental assistance may include tenant-based, project-based, or 
     sponsor-based rental assistance. Project-based rental 
     assistance, sponsor-based rental assistance, and operating 
     cost assistance contracts carried out by project sponsors 
     receiving grants under this section may, at the discretion of 
     the applicant and the project sponsor, have an initial term 
     of 15 years, with assistance for the first 5 years paid with 
     funds authorized for appropriation under this Act, and 
     assistance for the remainder of the term treated as a renewal 
     of an expiring contract as provided in section 429. Project-
     based rental assistance may include rental assistance to 
     preserve existing permanent supportive housing for homeless 
     individuals and families.
       ``(5) Payment of operating costs for housing units assisted 
     under this subtitle or for the preservation of housing that 
     will serve homeless individuals and families and for which 
     another form of assistance is expiring or otherwise no longer 
     available.
       ``(6) Supportive services for individuals and families who 
     are currently homeless, who have been homeless in the prior 
     six months but are currently residing in permanent housing, 
     or who were previously homeless and are currently residing in 
     permanent supportive housing.
       ``(7) Provision of rehousing services, including housing 
     search, mediation or outreach to property owners, credit 
     repair, providing security or utility deposits, rental 
     assistance for a final month at a location, assistance with 
     moving costs, or other activities that--
       ``(A) are effective at moving homeless individuals and 
     families immediately into housing; or
       ``(B) may benefit individuals and families who in the prior 
     6 months have been homeless, but are currently residing in 
     permanent housing.
       ``(8) In the case of a collaborative applicant that is a 
     legal entity, performance of the duties described under 
     section 402(f)(3).
       ``(9) Operation of, participation in, and ensuring 
     consistent participation by project

[[Page S4364]]

     sponsors in, a community-wide homeless management information 
     system.
       ``(10) In the case of a collaborative applicant that is a 
     legal entity, payment of administrative costs related to 
     meeting the requirements described in paragraphs (1) and (2) 
     of section 402(f), for which the collaborative applicant may 
     use not more than 3 percent of the total funds made available 
     in the geographic area under this subtitle for such costs.
       ``(11) In the case of a collaborative applicant that is a 
     unified funding agency under section 402(g), payment of 
     administrative costs related to meeting the requirements of 
     that section, for which the unified funding agency may use 
     not more than 3 percent of the total funds made available in 
     the geographic area under this subtitle for such costs, in 
     addition to funds used under paragraph (10).
       ``(12) Payment of administrative costs to project sponsors, 
     for which each project sponsor may use not more than 10 
     percent of the total funds made available to that project 
     sponsor through this subtitle for such costs.
       ``(b) Minimum Grant Terms.--The Secretary may impose 
     minimum grant terms of up to 5 years for new projects 
     providing permanent housing.
       ``(c) Use Restrictions.--
       ``(1) Acquisition, rehabilitation, and new construction.--A 
     project that consists of activities described in paragraph 
     (1) or (2) of subsection (a) shall be operated for the 
     purpose specified in the application submitted for the 
     project under section 422 for not less than 15 years.
       ``(2) Other activities.--A project that consists of 
     activities described in any of paragraphs (3) through (12) of 
     subsection (a) shall be operated for the purpose specified in 
     the application submitted for the project under section 422 
     for the duration of the grant period involved.
       ``(3) Conversion.--If the recipient or project sponsor 
     carrying out a project that provides transitional or 
     permanent housing submits a request to the Secretary to carry 
     out instead a project for the direct benefit of low-income 
     persons, and the Secretary determines that the initial 
     project is no longer needed to provide transitional or 
     permanent housing, the Secretary may approve the project 
     described in the request and authorize the recipient or 
     project sponsor to carry out that project.
       ``(d) Repayment of Assistance and Prevention of Undue 
     Benefits.--
       ``(1) Repayment.--If a recipient or project sponsor 
     receives assistance under section 422 to carry out a project 
     that consists of activities described in paragraph (1) or (2) 
     of subsection (a) and the project ceases to provide 
     transitional or permanent housing--
       ``(A) earlier than 10 years after operation of the project 
     begins, the Secretary shall require the recipient or project 
     sponsor to repay 100 percent of the assistance; or
       ``(B) not earlier than 10 years, but earlier than 15 years, 
     after operation of the project begins, the Secretary shall 
     require the recipient or project sponsor to repay 20 percent 
     of the assistance for each of the years in the 15-year period 
     for which the project fails to provide that housing.
       ``(2) Prevention of undue benefits.--Except as provided in 
     paragraph (3), if any property is used for a project that 
     receives assistance under subsection (a) and consists of 
     activities described in paragraph (1) or (2) of subsection 
     (a), and the sale or other disposition of the property occurs 
     before the expiration of the 15-year period beginning on the 
     date that operation of the project begins, the recipient or 
     project sponsor who received the assistance shall comply with 
     such terms and conditions as the Secretary may prescribe to 
     prevent the recipient or project sponsor from unduly 
     benefitting from such sale or disposition.
       ``(3) Exception.--A recipient or project sponsor shall not 
     be required to make the repayments, and comply with the terms 
     and conditions, required under paragraph (1) or (2) if--
       ``(A) the sale or disposition of the property used for the 
     project results in the use of the property for the direct 
     benefit of very low-income persons;
       ``(B) all of the proceeds of the sale or disposition are 
     used to provide transitional or permanent housing meeting the 
     requirements of this subtitle;
       ``(C) project-based rental assistance or operating cost 
     assistance from any Federal program or an equivalent State or 
     local program is no longer made available and the project is 
     meeting applicable performance standards, provided that the 
     portion of the project that had benefitted from such 
     assistance continues to meet the tenant income and rent 
     restrictions for low-income units under section 42(g) of the 
     Internal Revenue Code of 1986; or
       ``(D) there are no individuals and families in the 
     geographic area who are homeless, in which case the project 
     may serve individuals and families at risk of homelessness.
       ``(e) Staff Training.--The Secretary may allow reasonable 
     costs associated with staff training to be included as part 
     of the activities described in subsection (a).
       ``(f) Eligibility for Permanent Housing.--Any project that 
     receives assistance under subsection (a) and that provides 
     project-based or sponsor-based permanent housing for homeless 
     individuals or families with a disability, including projects 
     that meet the requirements of subsection (a) and subsection 
     (d)(2)(A) of section 428 may also serve individuals who had 
     previously met the requirements for such project prior to 
     moving into a different permanent housing project.
       ``(g) Administration of Rental Assistance.--Provision of 
     permanent housing rental assistance shall be administered by 
     a State, unit of general local government, or public housing 
     agency.''.

     SEC. 303. HIGH PERFORMING COMMUNITIES.

       The McKinney-Vento Homeless Assistance Act is amended by 
     striking section 424 (42 U.S.C. 11384) and inserting the 
     following:

     ``SEC. 424. INCENTIVES FOR HIGH-PERFORMING COMMUNITIES.

       ``(a) Designation as a High-Performing Community.--
       ``(1) In general.--The Secretary shall designate, on an 
     annual basis, which collaborative applicants represent high-
     performing communities.
       ``(2) Consideration.--In determining whether to designate a 
     collaborative applicant as a high-performing community under 
     paragraph (1), the Secretary shall establish criteria to 
     ensure that the requirements described under paragraphs 
     (1)(B) and (2)(B) of subsection (d) are measured by comparing 
     homeless individuals and families under similar 
     circumstances, in order to encourage projects in the 
     geographic area to serve homeless individuals and families 
     with more severe barriers to housing stability.
       ``(3) 2-year phase in.--In each of the first 2 years after 
     the effective date under section 503 of the Homeless 
     Emergency Assistance and Rapid Transition to Housing Act of 
     2009, the Secretary shall designate not more than 10 
     collaborative applicants as high-performing communities.
       ``(4) Excess of qualified applicants.--If, during the 2-
     year period described under paragraph (2), more than 10 
     collaborative applicants could qualify to be designated as 
     high-performing communities, the Secretary shall designate 
     the 10 that have, in the discretion of the Secretary, the 
     best performance based on the criteria described under 
     subsection (d).
       ``(5) Time limit on designation.--The designation of any 
     collaborative applicant as a high-performing community under 
     this subsection shall be effective only for the year in which 
     such designation is made. The Secretary, on an annual basis, 
     may renew any such designation.
       ``(b) Application.--
       ``(1) In general.--A collaborative applicant seeking 
     designation as a high-performing community under subsection 
     (a) shall submit an application to the Secretary at such 
     time, and in such manner as the Secretary may require.
       ``(2) Content of application.--In any application submitted 
     under paragraph (1), a collaborative applicant shall include 
     in such application--
       ``(A) a report showing how any money received under this 
     subtitle in the preceding year was expended; and
       ``(B) information that such applicant can meet the 
     requirements described under subsection (d).
       ``(3) Publication of application.--The Secretary shall--
       ``(A) publish any report or information submitted in an 
     application under this section in the geographic area 
     represented by the collaborative applicant; and
       ``(B) seek comments from the public as to whether the 
     collaborative applicant seeking designation as a high-
     performing community meets the requirements described under 
     subsection (d).
       ``(c) Use of Funds.--Funds awarded under section 422(a) to 
     a project sponsor who is located in a high-performing 
     community may be used--
       ``(1) for any of the eligible activities described in 
     section 423; or
       ``(2) for any of the eligible activities described in 
     paragraphs (4) and (5) of section 415(a).
       ``(d) Definition of High-Performing Community.--For 
     purposes of this section, the term `high-performing 
     community' means a geographic area that demonstrates through 
     reliable data that all five of the following requirements are 
     met for that geographic area:
       ``(1) Term of homelessness.--The mean length of episodes of 
     homelessness for that geographic area--
       ``(A) is less than 20 days; or
       ``(B) for individuals and families in similar circumstances 
     in the preceding year was at least 10 percent less than in 
     the year before.
       ``(2) Families leaving homelessness.--Of individuals and 
     families--
       ``(A) who leave homelessness, fewer than 5 percent of such 
     individuals and families become homeless again at any time 
     within the next 2 years; or
       ``(B) in similar circumstances who leave homelessness, the 
     percentage of such individuals and families who become 
     homeless again within the next 2 years has decreased by at 
     least 20 percent from the preceding year.
       ``(3) Community action.--The communities that compose the 
     geographic area have--
       ``(A) actively encouraged homeless individuals and families 
     to participate in homeless assistance services available in 
     that geographic area; and
       ``(B) included each homeless individual or family who 
     sought homeless assistance services in the data system used 
     by that community for determining compliance with this 
     subsection.
       ``(4) Effectiveness of previous activities.--If recipients 
     in the geographic area have used funding awarded under 
     section

[[Page S4365]]

     422(a) for eligible activities described under section 415(a) 
     in previous years based on the authority granted under 
     subsection (c), that such activities were effective at 
     reducing the number of individuals and families who became 
     homeless in that community.
       ``(5) Flexibility to serve persons defined as homeless 
     under other federal laws.--With respect to collaborative 
     applicants exercising the authority under section 422(j) to 
     serve homeless families with children and youth defined as 
     homeless under other Federal statutes, effectiveness in 
     achieving the goals and outcomes identified in subsection 
     427(b)(1)(F) according to such standards as the Secretary 
     shall promulgate.
       ``(e) Cooperation Among Entities.--A collaborative 
     applicant designated as a high-performing community under 
     this section shall cooperate with the Secretary in 
     distributing information about successful efforts within the 
     geographic area represented by the collaborative applicant to 
     reduce homelessness.''.

     SEC. 304. PROGRAM REQUIREMENTS.

       Section 426 of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11386) is amended--
       (1) by striking subsections (a), (b), and (c) and inserting 
     the following:
       ``(a) Site Control.--The Secretary shall require that each 
     application include reasonable assurances that the applicant 
     will own or have control of a site for the proposed project 
     not later than the expiration of the 12-month period 
     beginning upon notification of an award for grant assistance, 
     unless the application proposes providing supportive housing 
     assistance under section 423(a)(3) or housing that will 
     eventually be owned or controlled by the families and 
     individuals served. An applicant may obtain ownership or 
     control of a suitable site different from the site specified 
     in the application. If any recipient or project sponsor fails 
     to obtain ownership or control of the site within 12 months 
     after notification of an award for grant assistance, the 
     grant shall be recaptured and reallocated under this 
     subtitle.
       ``(b) Required Agreements.--The Secretary may not provide 
     assistance for a proposed project under this subtitle unless 
     the collaborative applicant involved agrees--
       ``(1) to ensure the operation of the project in accordance 
     with the provisions of this subtitle;
       ``(2) to monitor and report to the Secretary the progress 
     of the project;
       ``(3) to ensure, to the maximum extent practicable, that 
     individuals and families experiencing homelessness are 
     involved, through employment, provision of volunteer 
     services, or otherwise, in constructing, rehabilitating, 
     maintaining, and operating facilities for the project and in 
     providing supportive services for the project;
       ``(4) to require certification from all project sponsors 
     that--
       ``(A) they will maintain the confidentiality of records 
     pertaining to any individual or family provided family 
     violence prevention or treatment services through the 
     project;
       ``(B) that the address or location of any family violence 
     shelter project assisted under this subtitle will not be made 
     public, except with written authorization of the person 
     responsible for the operation of such project;
       ``(C) they will establish policies and practices that are 
     consistent with, and do not restrict the exercise of rights 
     provided by, subtitle B of title VII, and other laws relating 
     to the provision of educational and related services to 
     individuals and families experiencing homelessness;
       ``(D) in the case of programs that provide housing or 
     services to families, they will designate a staff person to 
     be responsible for ensuring that children being served in the 
     program are enrolled in school and connected to appropriate 
     services in the community, including early childhood programs 
     such as Head Start, part C of the Individuals with 
     Disabilities Education Act, and programs authorized under 
     subtitle B of title VII of this Act(42 U.S.C. 11431 et seq.); 
     and
       ``(E) they will provide data and reports as required by the 
     Secretary pursuant to the Act;
       ``(5) if a collaborative applicant is a unified funding 
     agency under section 402(g) and receives funds under subtitle 
     C to carry out the payment of administrative costs described 
     in section 423(a)(11), to establish such fiscal control and 
     fund accounting procedures as may be necessary to assure the 
     proper disbursal of, and accounting for, such funds in order 
     to ensure that all financial transactions carried out with 
     such funds are conducted, and records maintained, in 
     accordance with generally accepted accounting principles;
       ``(6) to monitor and report to the Secretary the provision 
     of matching funds as required by section 430;
       ``(7) to take the educational needs of children into 
     account when families are placed in emergency or transitional 
     shelter and will, to the maximum extent practicable, place 
     families with children as close as possible to their school 
     of origin so as not to disrupt such children's education; and
       ``(8) to comply with such other terms and conditions as the 
     Secretary may establish to carry out this subtitle in an 
     effective and efficient manner.'';
       (2) by redesignating subsection (d) as subsection (c);
       (3) in the first sentence of subsection (c) (as so 
     redesignated by paragraph (2) of this subsection), by 
     striking ``recipient'' and inserting ``recipient or project 
     sponsor'';
       (4) by striking subsection (e);
       (5) by redesignating subsections (f), (g), and (h), as 
     subsections (d), (e), and (f), respectively;
       (6) in the first sentence of subsection (e) (as so 
     redesignated by paragraph (5) of this section), by striking 
     ``recipient'' each place it appears and inserting ``recipient 
     or project sponsor'';
       (7) by striking subsection (i); and
       (8) by redesignating subsection (j) as subsection (g).

     SEC. 305. SELECTION CRITERIA, ALLOCATION AMOUNTS, AND 
                   FUNDING.

       The McKinney-Vento Homeless Assistance Act is amended--
       (1) by repealing section 429 (42 U.S.C. 11389); and
       (2) by redesignating sections 427 and 428 (42 U.S.C. 11387, 
     11388) as sections 432 and 433, respectively; and
       (3) by inserting after section 426 the following new 
     sections:

     ``SEC. 427. SELECTION CRITERIA.

       ``(a) In General.--The Secretary shall award funds to 
     recipients through a national competition between geographic 
     areas based on criteria established by the Secretary.
       ``(b) Required Criteria.--
       ``(1) In general.--The criteria established under 
     subsection (a) shall include--
       ``(A) the previous performance of the recipient regarding 
     homelessness, including performance related to funds provided 
     under section 412 (except that recipients applying from 
     geographic areas where no funds have been awarded under this 
     subtitle, or under subtitles C, D, E, or F of title IV of 
     this Act, as in effect prior to the date of the enactment of 
     the Homeless Emergency Assistance and Rapid Transition to 
     Housing Act of 2009, shall receive full credit for 
     performance under this subparagraph), measured by criteria 
     that shall be announced by the Secretary, that shall take 
     into account barriers faced by individual homeless people, 
     and that shall include--
       ``(i) the length of time individuals and families remain 
     homeless;
       ``(ii) the extent to which individuals and families who 
     leave homelessness experience additional spells of 
     homelessness;
       ``(iii) the thoroughness of grantees in the geographic area 
     in reaching homeless individuals and families;
       ``(iv) overall reduction in the number of homeless 
     individuals and families;
       ``(v) jobs and income growth for homeless individuals and 
     families;
       ``(vi) success at reducing the number of individuals and 
     families who become homeless;
       ``(vii) other accomplishments by the recipient related to 
     reducing homelessness; and
       ``(viii) for collaborative applicants that have exercised 
     the authority under section 422(j) to serve families with 
     children and youth defined as homeless under other Federal 
     statutes, success in achieving the goals and outcomes 
     identified in section 427(b)(1)(F);
       ``(B) the plan of the recipient, which shall describe--
       ``(i) how the number of individuals and families who become 
     homeless will be reduced in the community;
       ``(ii) how the length of time that individuals and families 
     remain homeless will be reduced;
       ``(iii) how the recipient will collaborate with local 
     education authorities to assist in the identification of 
     individuals and families who become or remain homeless and 
     are informed of their eligibility for services under subtitle 
     B of title VII of this Act (42 U.S.C. 11431 et seq.);
       ``(iv) the extent to which the recipient will--

       ``(I) address the needs of all relevant subpopulations;
       ``(II) incorporate comprehensive strategies for reducing 
     homelessness, including the interventions referred to in 
     section 428(d);
       ``(III) set quantifiable performance measures;
       ``(IV) set timelines for completion of specific tasks;
       ``(V) identify specific funding sources for planned 
     activities; and
       ``(VI) identify an individual or body responsible for 
     overseeing implementation of specific strategies; and

       ``(v) whether the recipient proposes to exercise authority 
     to use funds under section 422(j), and if so, how the 
     recipient will achieve the goals and outcomes identified in 
     section 427(b)(1)(F);
       ``(C) the methodology of the recipient used to determine 
     the priority for funding local projects under section 
     422(c)(1), including the extent to which the priority-setting 
     process--
       ``(i) uses periodically collected information and analysis 
     to determine the extent to which each project has resulted in 
     rapid return to permanent housing for those served by the 
     project, taking into account the severity of barriers faced 
     by the people the project serves;
       ``(ii) considers the full range of opinions from 
     individuals or entities with knowledge of homelessness in the 
     geographic area or an interest in preventing or ending 
     homelessness in the geographic area;
       ``(iii) is based on objective criteria that have been 
     publicly announced by the recipient; and
       ``(iv) is open to proposals from entities that have not 
     previously received funds under this subtitle;

[[Page S4366]]

       ``(D) the extent to which the amount of assistance to be 
     provided under this subtitle to the recipient will be 
     supplemented with resources from other public and private 
     sources, including mainstream programs identified by the 
     Government Accountability Office in the two reports described 
     in section 203(a)(7);
       ``(E) demonstrated coordination by the recipient with the 
     other Federal, State, local, private, and other entities 
     serving individuals and families experiencing homelessness 
     and at risk of homelessness in the planning and operation of 
     projects;
       ``(F) for collaborative applicants exercising the authority 
     under section 422(j) to serve homeless families with children 
     and youth defined as homeless under other Federal statutes, 
     program goals and outcomes, which shall include--
       ``(i) preventing homelessness among the subset of such 
     families with children and youth who are at highest risk of 
     becoming homeless, as such term is defined for purposes of 
     this title; or
       ``(ii) achieving independent living in permanent housing 
     among such families with children and youth, especially those 
     who have a history of doubled-up and other temporary housing 
     situations or are living in a temporary housing situation due 
     to lack of available and appropriate emergency shelter, 
     through the provision of eligible assistance that directly 
     contributes to achieving such results including assistance to 
     address chronic disabilities, chronic physical health or 
     mental health conditions, substance addiction, histories of 
     domestic violence or childhood abuse, or multiple barriers to 
     employment; and
       ``(G) such other factors as the Secretary determines to be 
     appropriate to carry out this subtitle in an effective and 
     efficient manner.
       ``(2) Additional criteria.--In addition to the criteria 
     required under paragraph (1), the criteria established under 
     paragraph (1) shall also include the need within the 
     geographic area for homeless services, determined as follows 
     and under the following conditions:
       ``(A) Notice.--The Secretary shall inform each 
     collaborative applicant, at a time concurrent with the 
     release of the notice of funding availability for the grants, 
     of the pro rata estimated grant amount under this subtitle 
     for the geographic area represented by the collaborative 
     applicant.
       ``(B) Amount.--
       ``(i) Formula.--Such estimated grant amounts shall be 
     determined by a formula, which shall be developed by the 
     Secretary, by regulation, not later than the expiration of 
     the 2-year period beginning upon the date of the enactment of 
     the Homeless Emergency Assistance and Rapid Transition to 
     Housing Act of 2009, that is based upon factors that are 
     appropriate to allocate funds to meet the goals and 
     objectives of this subtitle.
       ``(ii) Combinations or consortia.--For a collaborative 
     applicant that represents a combination or consortium of 
     cities or counties, the estimated need amount shall be the 
     sum of the estimated need amounts for the cities or counties 
     represented by the collaborative applicant.
       ``(iii) Authority of secretary.--Subject to the 
     availability of appropriations, the Secretary shall increase 
     the estimated need amount for a geographic area if necessary 
     to provide 1 year of renewal funding for all expiring 
     contracts entered into under this subtitle for the geographic 
     area.
       ``(3) Homelessness counts.--The Secretary shall not require 
     that communities conduct an actual count of homeless people 
     other than those described in paragraphs (1) through (4) of 
     section 103(a) of this Act (42 U.S.C. 11302(a)).
       ``(c) Adjustments.--The Secretary may adjust the formula 
     described in subsection (b)(2) as necessary--
       ``(1) to ensure that each collaborative applicant has 
     sufficient funding to renew all qualified projects for at 
     least one year; and
       ``(2) to ensure that collaborative applicants are not 
     discouraged from replacing renewal projects with new projects 
     that the collaborative applicant determines will better be 
     able to meet the purposes of this Act.

     ``SEC. 428. ALLOCATION OF AMOUNTS AND INCENTIVES FOR SPECIFIC 
                   ELIGIBLE ACTIVITIES.

       ``(a) Minimum Allocation for Permanent Housing for Homeless 
     Individuals and Families With Disabilities.--
       ``(1) In general.--From the amounts made available to carry 
     out this subtitle for a fiscal year, a portion equal to not 
     less than 30 percent of the sums made available to carry out 
     subtitle B and this subtitle, shall be used for permanent 
     housing for homeless individuals with disabilities and 
     homeless families that include such an individual who is an 
     adult or a minor head of household if no adult is present in 
     the household.
       ``(2) Calculation.--In calculating the portion of the 
     amount described in paragraph (1) that is used for activities 
     that are described in paragraph (1), the Secretary shall not 
     count funds made available to renew contracts for existing 
     projects under section 429.
       ``(3) Adjustment.--The 30 percent figure in paragraph (1) 
     shall be reduced proportionately based on need under section 
     427(b)(2) in geographic areas for which subsection (e) 
     applies in regard to subsection (d)(2)(A).
       ``(4) Suspension.--The requirement established in paragraph 
     (1) shall be suspended for any year in which funding 
     available for grants under this subtitle after making the 
     allocation established in paragraph (1) would not be 
     sufficient to renew for 1 year all existing grants that would 
     otherwise be fully funded under this subtitle.
       ``(5) Termination.--The requirement established in 
     paragraph (1) shall terminate upon a finding by the Secretary 
     that since the beginning of 2001 at least 150,000 new units 
     of permanent housing for homeless individuals and families 
     with disabilities have been funded under this subtitle.
       ``(b) Set-Aside for Permanent Housing for Homeless Families 
     With Children.--From the amounts made available to carry out 
     this subtitle for a fiscal year, a portion equal to not less 
     than 10 percent of the sums made available to carry out 
     subtitle B and this subtitle for that fiscal year shall be 
     used to provide or secure permanent housing for homeless 
     families with children.
       ``(c) Treatment of Amounts for Permanent or Transitional 
     Housing.--Nothing in this Act may be construed to establish a 
     limit on the amount of funding that an applicant may request 
     under this subtitle for acquisition, construction, or 
     rehabilitation activities for the development of permanent 
     housing or transitional housing.
       ``(d) Incentives for Proven Strategies.--
       ``(1) In general.--The Secretary shall provide bonuses or 
     other incentives to geographic areas for using funding under 
     this subtitle for activities that have been proven to be 
     effective at reducing homelessness generally, reducing 
     homelessness for a specific subpopulation, or achieving 
     homeless prevention and independent living goals as set forth 
     in section 427(b)(1)(F).
       ``(2) Rule of construction.--For purposes of this 
     subsection, activities that have been proven to be effective 
     at reducing homelessness generally or reducing homelessness 
     for a specific subpopulation includes--
       ``(A) permanent supportive housing for chronically homeless 
     individuals and families;
       ``(B) for homeless families, rapid rehousing services, 
     short-term flexible subsidies to overcome barriers to 
     rehousing, support services concentrating on improving 
     incomes to pay rent, coupled with performance measures 
     emphasizing rapid and permanent rehousing and with leveraging 
     funding from mainstream family service systems such as 
     Temporary Assistance for Needy Families and Child Welfare 
     services; and
       ``(C) any other activity determined by the Secretary, based 
     on research and after notice and comment to the public, to 
     have been proven effective at reducing homelessness 
     generally, reducing homelessness for a specific 
     subpopulation, or achieving homeless prevention and 
     independent living goals as set forth in section 
     427(b)(1)(F).
       ``(3) Balance of incentives for proven strategies.--To the 
     extent practicable, in providing bonuses or incentives for 
     proven strategies, the Secretary shall seek to maintain a 
     balance among strategies targeting homeless individuals, 
     families, and other subpopulations. The Secretary shall not 
     implement bonuses or incentives that specifically discourage 
     collaborative applicants from exercising their flexibility to 
     serve families with children and youth defined as homeless 
     under other Federal statutes.
       ``(e) Incentives for Successful Implementation of Proven 
     Strategies.--If any geographic area demonstrates that it has 
     fully implemented any of the activities described in 
     subsection (d) for all homeless individuals and families or 
     for all members of subpopulations for whom such activities 
     are targeted, that geographic area shall receive the bonus or 
     incentive provided under subsection (d), but may use such 
     bonus or incentive for any eligible activity under either 
     section 423 or paragraphs (4) and (5) of section 415(a) for 
     homeless people generally or for the relevant subpopulation.

     ``SEC. 429. RENEWAL FUNDING AND TERMS OF ASSISTANCE FOR 
                   PERMANENT HOUSING.

       ``(a) In General.--Renewal of expiring contracts for 
     leasing, rental assistance, or operating costs for permanent 
     housing contracts may be funded either--
       ``(1) under the appropriations account for this title; or
       ``(2) the section 8 project-based rental assistance 
     account.
       ``(b) Renewals.--The sums made available under subsection 
     (a) shall be available for the renewal of contracts in the 
     case of tenant-based assistance, successive 1-year terms, and 
     in the case of project-based assistance, successive terms of 
     up to 15 years at the discretion of the applicant or project 
     sponsor and subject to the availability of annual 
     appropriations, for rental assistance and housing operation 
     costs associated with permanent housing projects funded under 
     this subtitle, or under subtitle C or F (as in effect on the 
     day before the effective date of the Homeless Emergency 
     Assistance and Rapid Transition to Housing Act of 2009). The 
     Secretary shall determine whether to renew a contract for 
     such a permanent housing project on the basis of 
     certification by the collaborative applicant for the 
     geographic area that--
       ``(1) there is a demonstrated need for the project; and
       ``(2) the project complies with program requirements and 
     appropriate standards of housing quality and habitability, as 
     determined by the Secretary.
       ``(c) Construction.--Nothing in this section shall be 
     construed as prohibiting the Secretary from renewing 
     contracts under this subtitle in accordance with criteria set 
     forth in a provision of this subtitle other than this 
     section.

[[Page S4367]]

     ``SEC. 430. MATCHING FUNDING.

       ``(a) In General.--A collaborative applicant in a 
     geographic area in which funds are awarded under this 
     subtitle shall specify contributions from any source other 
     than a grant awarded under this subtitle, including renewal 
     funding of projects assisted under subtitles C, D, and F of 
     this title as in effect before the effective date under 
     section 503 of the Homeless Emergency Assistance and Rapid 
     Transition to Housing Act of 2009, that shall be made 
     available in the geographic area in an amount equal to not 
     less than 25 percent of the funds provided to recipients in 
     the geographic area, except that grants for leasing shall not 
     be subject to any match requirement.
       ``(b) Limitations on In-Kind Match.--The cash value of 
     services provided to the residents or clients of a project 
     sponsor by an entity other than the project sponsor may count 
     toward the contributions in subsection (a) only when 
     documented by a memorandum of understanding between the 
     project sponsor and the other entity that such services will 
     be provided.
       ``(c) Countable Activities.--The contributions required 
     under subsection (a) may consist of--
       ``(1) funding for any eligible activity described under 
     section 423; and
       ``(2) subject to subsection (b), in-kind provision of 
     services of any eligible activity described under section 
     423.

     ``SEC. 431. APPEAL PROCEDURE.

       ``(a) In General.--With respect to funding under this 
     subtitle, if certification of consistency with the 
     consolidated plan pursuant to section 403 is withheld from an 
     applicant who has submitted an application for that 
     certification, such applicant may appeal such decision to the 
     Secretary.
       ``(b) Procedure.--The Secretary shall establish a procedure 
     to process the appeals described in subsection (a).
       ``(c) Determination.--Not later than 45 days after the date 
     of receipt of an appeal described in subsection (a), the 
     Secretary shall determine if certification was unreasonably 
     withheld. If such certification was unreasonably withheld, 
     the Secretary shall review such application and determine if 
     such applicant shall receive funding under this subtitle.''.

     SEC. 306. RESEARCH.

       There is authorized to be appropriated $8,000,000, for each 
     of fiscal years 2010 and 2011, for research into the efficacy 
     of interventions for homeless families, to be expended by the 
     Secretary of Housing and Urban Development over the 2 years 
     at 3 different sites to provide services for homeless 
     families and evaluate the effectiveness of such services.

          TITLE IV--RURAL HOUSING STABILITY ASSISTANCE PROGRAM

     SEC. 401. RURAL HOUSING STABILITY ASSISTANCE.

       Subtitle G of title IV of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11408 et seq.) is amended--
       (1) by striking the subtitle heading and inserting the 
     following:

    ``Subtitle G--Rural Housing Stability Assistance Program''; and

       (2) in section 491--
       (A) by striking the section heading and inserting ``rural 
     housing stability grant program.'';
       (B) in subsection (a)--
       (i) by striking ``rural homelessness grant program'' and 
     inserting ``rural housing stability grant program'';
       (ii) by inserting ``in lieu of grants under subtitle C'' 
     after ``eligible organizations''; and
       (iii) by striking paragraphs (1), (2), and (3), and 
     inserting the following:
       ``(1) rehousing or improving the housing situations of 
     individuals and families who are homeless or in the worst 
     housing situations in the geographic area;
       ``(2) stabilizing the housing of individuals and families 
     who are in imminent danger of losing housing; and
       ``(3) improving the ability of the lowest-income residents 
     of the community to afford stable housing.'';
       (C) in subsection (b)(1)--
       (i) by redesignating subparagraphs (E), (F), and (G) as 
     subparagraphs (I), (J), and (K), respectively; and
       (ii) by striking subparagraph (D) and inserting the 
     following:
       ``(D) construction of new housing units to provide 
     transitional or permanent housing to homeless individuals and 
     families and individuals and families at risk of 
     homelessness;
       ``(E) acquisition or rehabilitation of a structure to 
     provide supportive services or to provide transitional or 
     permanent housing, other than emergency shelter, to homeless 
     individuals and families and individuals and families at risk 
     of homelessness;
       ``(F) leasing of property, or portions of property, not 
     owned by the recipient or project sponsor involved, for use 
     in providing transitional or permanent housing to homeless 
     individuals and families and individuals and families at risk 
     of homelessness, or providing supportive services to such 
     homeless and at-risk individuals and families;
       ``(G) provision of rental assistance to provide 
     transitional or permanent housing to homeless individuals and 
     families and individuals and families at risk of 
     homelessness, such rental assistance may include tenant-based 
     or project-based rental assistance;
       ``(H) payment of operating costs for housing units assisted 
     under this title;'';
       (D) in subsection (b)(2), by striking ``appropriated'' and 
     inserting ``transferred'';
       (E) in subsection (c)--
       (i) in paragraph (1)(A), by striking ``appropriated'' and 
     inserting ``transferred''; and
       (ii) in paragraph (3), by striking ``appropriated'' and 
     inserting ``transferred'';
       (F) in subsection (d)--
       (i) in paragraph (5), by striking ``; and'' and inserting a 
     semicolon;
       (ii) in paragraph (6)--

       (I) by striking ``an agreement'' and all that follows 
     through ``families'' and inserting the following: ``a 
     description of how individuals and families who are homeless 
     or who have the lowest incomes in the community will be 
     involved by the organization''; and
       (II) by striking the period at the end, and inserting a 
     semicolon; and

       (iii) by adding at the end the following:
       ``(7) a description of consultations that took place within 
     the community to ascertain the most important uses for 
     funding under this section, including the involvement of 
     potential beneficiaries of the project; and
       ``(8) a description of the extent and nature of 
     homelessness and of the worst housing situations in the 
     community.'';
       (G) by striking subsections (f) and (g) and inserting the 
     following:
       ``(f) Matching Funding.--
       ``(1) In general.--An organization eligible to receive a 
     grant under subsection (a) shall specify matching 
     contributions from any source other than a grant awarded 
     under this subtitle, that shall be made available in the 
     geographic area in an amount equal to not less than 25 
     percent of the funds provided for the project or activity, 
     except that grants for leasing shall not be subject to any 
     match requirement.
       ``(2) Limitations on in-kind match.--The cash value of 
     services provided to the beneficiaries or clients of an 
     eligible organization by an entity other than the 
     organization may count toward the contributions in paragraph 
     (1) only when documented by a memorandum of understanding 
     between the organization and the other entity that such 
     services will be provided.
       ``(3) Countable activities.--The contributions required 
     under paragraph (1) may consist of--
       ``(A) funding for any eligible activity described under 
     subsection (b); and
       ``(B) subject to paragraph (2), in-kind provision of 
     services of any eligible activity described under subsection 
     (b).
       ``(g) Selection Criteria.--The Secretary shall establish 
     criteria for selecting recipients of grants under subsection 
     (a), including--
       ``(1) the participation of potential beneficiaries of the 
     project in assessing the need for, and importance of, the 
     project in the community;
       ``(2) the degree to which the project addresses the most 
     harmful housing situations present in the community;
       ``(3) the degree of collaboration with others in the 
     community to meet the goals described in subsection (a);
       ``(4) the performance of the organization in improving 
     housing situations, taking account of the severity of 
     barriers of individuals and families served by the 
     organization;
       ``(5) for organizations that have previously received 
     funding under this section, the extent of improvement in 
     homelessness and the worst housing situations in the 
     community since such funding began;
       ``(6) the need for such funds, as determined by the formula 
     established under section 427(b)(2); and
       ``(7) any other relevant criteria as determined by the 
     Secretary.'';
       (H) in subsection (h)--
       (i) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``The'' and inserting ``Not later than 18 
     months after funding is first made available pursuant to the 
     amendments made by title IV of the Homeless Emergency 
     Assistance and Rapid Transition to Housing Act of 2009, 
     the''; and
       (ii) in paragraph (1)(A), by striking ``providing housing 
     and other assistance to homeless persons'' and inserting 
     ``meeting the goals described in subsection (a)'';
       (iii) in paragraph (1)(B), by striking ``address 
     homelessness in rural areas'' and inserting ``meet the goals 
     described in subsection (a) in rural areas''; and
       (iv) in paragraph (2)--

       (I) by striking ``The'' and inserting ``Not later than 24 
     months after funding is first made available pursuant to the 
     amendment made by title IV of the Homeless Emergency 
     Assistance and Rapid Transition to Housing Act of 2009, 
     the'';
       (II) by striking ``, not later than 18 months after the 
     date on which the Secretary first makes grants under the 
     program,''; and
       (III) by striking ``prevent and respond to homelessness'' 
     and inserting ``meet the goals described in subsection (a)'';

       (I) in subsection (k)--
       (i) in paragraph (1), by striking ``rural homelessness 
     grant program'' and inserting ``rural housing stability grant 
     program''; and
       (ii) in paragraph (2)--

       (I) in subparagraph (A), by striking ``; or'' and inserting 
     a semicolon;
       (II) in subparagraph (B)(ii), by striking ``rural census 
     tract.'' and inserting ``county where at least 75 percent of 
     the population is rural; or''; and
       (III) by adding at the end the following:

       ``(C) any area or community, respectively, located in a 
     State that has population density of less than 30 persons per 
     square mile (as reported in the most recent decennial 
     census), and of which at least 1.25 percent of

[[Page S4368]]

     the total acreage of such State is under Federal 
     jurisdiction, provided that no metropolitan city (as such 
     term is defined in section 102 of the Housing and Community 
     Development Act of 1974) in such State is the sole 
     beneficiary of the grant amounts awarded under this 
     section.'';
       (J) in subsection (l)--
       (i) by striking the subsection heading and inserting 
     ``Program Funding.--''; and
       (ii) by striking paragraph (1) and inserting the following:
       ``(1) In general.--The Secretary shall determine the total 
     amount of funding attributable under section 427(b)(2) to 
     meet the needs of any geographic area in the Nation that 
     applies for funding under this section. The Secretary shall 
     transfer any amounts determined under this subsection from 
     the Community Homeless Assistance Program and consolidate 
     such transferred amounts for grants under this section, 
     except that the Secretary shall transfer an amount not less 
     than 5 percent of the amount available under subtitle C for 
     grants under this section. Any amounts so transferred and not 
     used for grants under this section due to an insufficient 
     number of applications shall be transferred to be used for 
     grants under subtitle C.''; and
       (K) by adding at the end the following:
       ``(m) Determination of Funding Source.--For any fiscal 
     year, in addition to funds awarded under subtitle B, funds 
     under this title to be used in a city or county shall only be 
     awarded under either subtitle C or subtitle D.''.

     SEC. 402. GAO STUDY OF HOMELESSNESS AND HOMELESS ASSISTANCE 
                   IN RURAL AREAS.

       (a) Study and Report.--Not later than the expiration of the 
     12-month period beginning on the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     conduct a study to examine homelessness and homeless 
     assistance in rural areas and rural communities and submit a 
     report to the Congress on the findings and conclusion of the 
     study. The report shall contain the following matters:
       (1) A general description of homelessness, including the 
     range of living situations among homeless individuals and 
     homeless families, in rural areas and rural communities of 
     the United States, including tribal lands and colonias.
       (2) An estimate of the incidence and prevalence of 
     homelessness among individuals and families in rural areas 
     and rural communities of the United States.
       (3) An estimate of the number of individuals and families 
     from rural areas and rural communities who migrate annually 
     to non-rural areas and non-rural communities for homeless 
     assistance.
       (4) A description of barriers that individuals and families 
     in and from rural areas and rural communities encounter when 
     seeking to access homeless assistance programs, and 
     recommendations for removing such barriers.
       (5) A comparison of the rate of homelessness among 
     individuals and families in and from rural areas and rural 
     communities compared to the rate of homelessness among 
     individuals and families in and from non-rural areas and non-
     rural communities.
       (6) A general description of homeless assistance for 
     individuals and families in rural areas and rural communities 
     of the United States.
       (7) A description of barriers that homeless assistance 
     providers serving rural areas and rural communities encounter 
     when seeking to access Federal homeless assistance programs, 
     and recommendations for removing such barriers.
       (8) An assessment of the type and amount of Federal 
     homeless assistance funds awarded to organizations serving 
     rural areas and rural communities and a determination as to 
     whether such amount is proportional to the distribution of 
     homeless individuals and families in and from rural areas and 
     rural communities compared to homeless individuals and 
     families in non-rural areas and non-rural communities.
       (9) An assessment of the current roles of the Department of 
     Housing and Urban Development, the Department of Agriculture, 
     and other Federal departments and agencies in administering 
     homeless assistance programs in rural areas and rural 
     communities and recommendations for distributing Federal 
     responsibilities, including homeless assistance program 
     administration and grantmaking, among the departments and 
     agencies so that service organizations in rural areas and 
     rural communities are most effectively reached and supported.
       (b) Acquisition of Supporting Information.--In carrying out 
     the study under this section, the Comptroller General shall 
     seek to obtain views from the following persons:
       (1) The Secretary of Agriculture.
       (2) The Secretary of Housing and Urban Development.
       (3) The Secretary of Health and Human Services.
       (4) The Secretary of Education.
       (5) The Secretary of Labor.
       (6) The Secretary of Veterans Affairs.
       (7) The Executive Director of the United States Interagency 
     Council on Homelessness.
       (8) Project sponsors and recipients of homeless assistance 
     grants serving rural areas and rural communities.
       (9) Individuals and families in or from rural areas and 
     rural communities who have sought or are seeking Federal 
     homeless assistance services.
       (10) National advocacy organizations concerned with 
     homelessness, rural housing, and rural community development.
       (c) Effective Date.--This section shall take effect on the 
     date of the enactment of this Act.

               TITLE V--REPEALS AND CONFORMING AMENDMENTS

     SEC. 501. REPEALS.

       Subtitles D, E, and F of title IV of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11391 et seq., 11401 et 
     seq., and 11403 et seq.) are hereby repealed.

     SEC. 502. CONFORMING AMENDMENTS.

       (a) Consolidated Plan.--Section 403(1) of the McKinney-
     Vento Homeless Assistance Act (as so redesignated by section 
     101(2) of this Act), is amended--
       (1) by striking ``current housing affordability strategy'' 
     and inserting ``consolidated plan''; and
       (2) by inserting before the comma the following: 
     ``(referred to in such section as a `comprehensive housing 
     affordability strategy')''.
       (b) Persons Experiencing Homelessness.--Section 103 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302), as 
     amended by the preceding provisions of this Act, is further 
     amended by adding at the end the following new subsection:
       ``(e) Persons Experiencing Homelessness.--Any references in 
     this Act to homeless individuals (including homeless persons) 
     or homeless groups (including homeless persons) shall be 
     considered to include, and to refer to, individuals 
     experiencing homelessness or groups experiencing 
     homelessness, respectively.''.
       (c) Rural Housing Stability Assistance.--Title IV of the 
     McKinney-Vento Homeless Assistance Act is amended by 
     redesignating subtitle G (42 U.S.C. 11408 et seq.), as 
     amended by the preceding provisions of this Act, as subtitle 
     D.

     SEC. 503. EFFECTIVE DATE.

       Except as specifically provided otherwise in this Act, this 
     Act and the amendments made by this Act shall take effect on, 
     and shall apply beginning on--
       (1) the expiration of the 18-month period beginning on the 
     date of the enactment of this Act, or
       (2) the expiration of the 3-month period beginning upon 
     publication by the Secretary of Housing and Urban Development 
     of final regulations pursuant to section 504,



     whichever occurs first.

     SEC. 504. REGULATIONS.

       (a) In General.--Not later than 12 months after the date of 
     the enactment of this Act, the Secretary of Housing and Urban 
     Development shall promulgate regulations governing the 
     operation of the programs that are created or modified by 
     this Act.
       (b) Effective Date.--This section shall take effect on the 
     date of the enactment of this Act.

     SEC. 505. AMENDMENT TO TABLE OF CONTENTS.

       The table of contents in section 101(b) of the McKinney-
     Vento Homeless Assistance Act (42 U.S.C. 11301 note) is 
     amended by striking the item relating to the heading for 
     title IV and all that follows through the item relating to 
     section 492 and inserting the following new items:

                     ``TITLE IV--HOUSING ASSISTANCE

                    ``Subtitle A--General Provisions

``Sec. 401. Definitions.
``Sec. 402. Collaborative applicants.
``Sec. 403. Housing affordability strategy.
``Sec. 404. Preventing involuntary family separation
``Sec. 405. Technical assistance.
``Sec. 406. Discharge coordination policy.
``Sec. 407. Protection of personally identifying information by victim 
              service providers.
``Sec. 408. Authorization of appropriations.

            ``Subtitle B--Emergency Solutions Grants Program

``Sec. 411. Definitions.
``Sec. 412. Grant assistance.
``Sec. 413. Amount and allocation of assistance.
``Sec. 414. Allocation and distribution of assistance.
``Sec. 415. Eligible activities.
``Sec. 416. Responsibilities of recipients.
``Sec. 417. Administrative provisions.
``Sec. 418. Administrative costs.

                ``Subtitle C--Continuum of Care Program

``Sec. 421. Purposes.
``Sec. 422. Continuum of care applications and grants.
``Sec. 423. Eligible activities.
``Sec. 424. Incentives for high-performing communities.
``Sec. 425. Supportive services.
``Sec. 426. Program requirements.
``Sec. 427. Selection criteria.
``Sec. 428. Allocation of amounts and incentives for specific eligible 
              activities.
``Sec. 429. Renewal funding and terms of assistance for permanent 
              housing.
``Sec. 430. Matching funding.
``Sec. 431. Appeal procedure.
``Sec. 432. Regulations.
``Sec. 433. Reports to Congress.

        ``Subtitle D--Rural Housing Stability Assistance Program

``Sec. 491. Rural housing stability assistance.
``Sec. 492. Use of FHMA inventory for transitional housing for homeless 
              persons and for turnkey housing.''.

[[Page S4369]]

                                 ______
                                 
      By Mr. BAUCUS (for himself and Mr. Grassley):
  S. 812. A bill to amend the Internal Revenue Code of 1986 to make 
permanent the special rule for contributions of qualified conservation 
contributions; to the Committee on Finance.
  Mr. BAUCUS. Mr. President, I rise today to introduce the Rural 
Heritage Conservation Extension Act of 2009, along with my good friend, 
Senator Grassley from Iowa.
  As we all know, the country, including my home State of Montana, is 
losing precious agricultural and ranch lands at a record pace. While 
providing Montana and the Nation with the highest quality food and 
fiber, these farms and ranches also provide habitat for wildlife and 
the open spaces, land that many of us take for granted and assume will 
always be there. Conservation easements have been tremendously 
successful in preserving open space and wildlife habitat. Montana has 
begun to recognize the importance of using conservation easements to 
preserve these lands. We currently have more than 1.5 million acres 
covered by conservation easements. To some, that may seem like a large 
amount, but this is Montana, a State that covers 93,583,532 acres.
  To assure that open space and habitat will be there for future 
generations, we must help our hardworking farmers and ranchers preserve 
this precious heritage and their way-of-life. The Congress recognized 
this by providing targeted income tax relief to small farmers and 
ranchers who wish to make a charitable contribution of a qualified 
conservation easement. The provision allows eligible farmers and 
ranchers to increase the amounts of deduction that may be taken 
currently for charitable contributions of qualified conservation 
easements by raising the Adjusted Gross Income, AGI, limitations to 100 
percent and extending the carryover period from 5 years to 15 years. In 
the case of all landowners, the AGI limitation was raised from 30 
percent to 50 percent. This provision will expire at the end of this 
year.
  The number of acres protected and easements held by state and local 
land trusts has grown as a result of this incentive. According to the 
Land Trust Alliance, America's Land Trusts protected 535,000 more acres 
with conservation easements in the first two years with the new tax 
incentive than in the previous two years, a 36 percent increase. In 
2006 and 2007, land trusts added over 6,000 easements, about 2,000 more 
than the 2 years before the incentive.
  The Rural Heritage Conservation Extension Act of 2009 would make this 
allowable deduction permanent, building on the success of conservation 
easements. Our farmers and ranchers will be able to preserve their 
important agricultural and ranching lands for future generations, while 
continuing to operate their businesses. Landowners, conservationists, 
the Federal Government, and local communities are working together to 
preserve our precious natural resources.
  This legislation is vitally important to Montana, and to every other 
State in the Nation.
  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. 812

       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 ``Rural Heritage Conservation 
     Extension Act of 2009''.

     SEC. 2. SPECIAL RULE FOR CONTRIBUTIONS OF QUALIFIED 
                   CONSERVATION CONTRIBUTIONS MADE PERMANENT.

       (a) In General.--
       (1) Individuals.--Subparagraph (E) of section 170(b)(1) of 
     the Internal Revenue Code of 1986 (relating to contributions 
     of qualified conservation contributions) is amended by 
     striking clause (vi).
       (2) Corporations.--Subparagraph (B) of section 170(b)(2) of 
     such Code (relating to qualified conservation contributions) 
     is amended by striking clause (iii).
       (b) Effective Date.--The amendments made by this section 
     shall apply to contributions made in taxable years beginning 
     after the date of the enactment of this Act.
                                 ______
                                 
      By Mr. NELSON of Florida (for himself, Mr. Durbin, Mrs. 
        Feinstein, Mr. Kennedy, Mr. Kerry, and Mr. Menendez):
  S. 815. A bill to amend the Immigration and Nationality Act to exempt 
surviving spouses of United States citizens from the numerical 
limitations described in section 201 of such Act; to the Committee on 
the Judiciary.
  Mr. NELSON of Florida. Mr. President, the Immigration and Nationality 
Act, INA, imposes what has become known as the ``widow penalty,'' 
requiring the deportation of individuals whose pending applications for 
green cards are rejected because their citizen spouse died within the 
first two years of marriage. Today, joined by Senators Durbin, 
Feinstein, Kennedy, Kerry and Menendez, I am introducing the Fairness 
to Surviving Spouses Act of 2009. My bill will amend the INA to remedy 
this unintended and unjustified administrative procedure.
  This legislation is needed because, under current law, when a US 
citizen marries a non-citizen, the non-citizen is eligible to become a 
legal permanent resident and receive a green card. During the first two 
years of marriage, the only way this can be accomplished is through a 
petition that the citizen files on the non-citizen spouse's behalf. The 
non-citizen cannot self-petition for legal permanent resident status 
during this time.
  If, however, the citizen spouse dies while the petition, through no 
fault of the couple, remains pending--and delays in the process are 
often caused due to bureaucratic delay--the petition automatically is 
denied, and the non-citizen is immediately deemed ineligible for legal 
permanent residence and therefore becomes deportable. This is the case 
even if ample evidence of a bona fide marriage, such as cohabitation, 
and shared finances, exists. It is even the case if a couple had a U.S. 
born child.
  Because of the widow penalty, law-abiding and well-intentioned widows 
who have played by the rules face immediate deportation. During the 
110th Congress, efforts to persuade the US Citizenship and Immigration 
Services, CIS, to address the issue administratively were unsuccessful. 
In the current administration, Secretary of Homeland Security Janet 
Napolitano has directed that the Department of Homeland Security review 
a number of immigration issues, including the widow penalty. Although 
this review is welcome, there is some question regarding the 
Secretary's authority to end the penalty administratively. That is why 
a clean legislative fix is needed, as scores of women and children face 
immediate deportation today.
  There have been more than 200 widow penalty victims throughout the 
country, including a woman whose husband died while serving overseas as 
a contractor in Iraq; a woman whose husband died trying to rescue 
people who were drowning in the San Francisco Bay; a woman whose 
husband was killed while on duty with the U.S. Border Patrol; and a 
woman who was apprehended by Federal agents when she went to meet with 
immigration authorities to plead her case, placed in shackles, and sent 
to a detention facility.
  The widow penalty has received national extensive national media 
attention, including from 60 Minutes, which profiled Raquel Williams, a 
widow who lives with her in-laws in Orlando, in a segment entitled, 
``For Better or For Worse--A Loss of Love and Country.'' After she was 
deemed deportable following the sudden death of her husband from sleep 
apnea and heart problems, Ms. Williams and her in-laws have been 
telling their story to raise awareness about this issue.
  The harsh and unfair widow penalty can be eliminated by allowing the 
petition to be adjudicated even though the citizen spouse has died. The 
proposed legislation affects only a small group of individuals who 
still would be required to demonstrate that they had a bona fide 
marriage before receiving a green card. Thus, USCIS would retain the 
discretion to deny petitions, but they would no longer deny them 
automatically in response to the death of the citizen spouse.
  Today, Rep. Jim McGovern is introducing identical legislation in the 
House. His bill passed out of the House Judiciary Committee during the 
110th Congress with bipartisan support, including from Republicans who 
led the charge against comprehensive immigration reform. The widows who 
face deportation today should not be forced

[[Page S4370]]

to wait for the Congress to take up comprehensive immigration reform. 
This legislation is needed now because it simply corrects an arbitrary 
and unjust sanction, one which would never have occurred but for the 
Government's failure to act more in a more timely manner and the 
unfortunate fact that the citizen spouse died before the couple's 
second anniversary.
  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. 815

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

     SECTION 1. RELIEF FOR SURVIVING SPOUSES.

       (a) In General.--The second sentence of section 
     201(b)(2)(A)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1151(b)(2)(A)(i)) is amended by inserting ``(or, if 
     married to such citizen for less than 2 years at the time of 
     the citizen's death, an alien who proves by a preponderance 
     of the evidence that the marriage was entered into in good 
     faith and not solely for the purpose of obtaining an 
     immigration benefit)'' after ``for at least 2 years at the 
     time of the citizen's death''.
       (b) Applicability.--
       (1) In general.--The amendment made by subsection (a) shall 
     apply to all applications and petitions relating to immediate 
     relative status under section 201(b)(2)(A)(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) 
     pending on or after the date of the enactment of this Act.
       (2) Transition cases.--
       (A) In general.--Notwithstanding any other provision of 
     law, an alien described in subparagraph (B) who seeks 
     immediate relative status pursuant to the amendment made by 
     subsection (a) shall file a petition under section 
     204(a)(1)(A)(ii) of the Immigration and Nationality Act (8 
     U.S.C. 1154(a)(1)(A)(ii)) not later than the date that is 2 
     years after the date of the enactment of this Act.
       (B) Aliens described.--An alien is described in this 
     subparagraph if--
       (i) the alien's United States citizen spouse died before 
     the date of the enactment of this Act;
       (ii) the alien and the citizen spouse were married for less 
     than 2 years at the time of the citizen spouse's death; and
       (iii) the alien has not remarried.
                                 ______
                                 
      By Ms. CANTWELL (for herself, Ms. Murkowski, Mrs. Murray, Mrs. 
        Feinstein, Mrs. Boxer, Mr. Wyden, Mr. Merkley, and Mr. Begich):
  S. 817. A bill to establish a Salmon Stronghold Partnership program 
to conserve 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 2009, 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 Quileute Tribe, the Wild Salmon Center, and Bill Ruckelshaus.
  Wild Pacific salmon are central to the culture, economy, and 
environment of western North America. While current Federal, State, and 
local 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. Current 
efforts to recover threatened or endangered salmon stocks are vital. 
This is why I have consistently fought for increased funding for the 
Pacific Coast Salmon Recovery Fund, PCSRF, and will continue to proudly 
do so.
  The PCSRF, 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's 2,400 barriers removed and 2,400 
miles of habitat restored. In 2008, for every Federal dollar spent on 
this program it leveraged about $2 local and State dollars.
  I will continue the fight to protect this salmon recovery funding. 
But more must be done. A key purpose of this act is to complement 
existing Federal, State and local salmon recovery efforts by directing 
new Federal resources to conserve healthy salmon populations. This 
legislation will utilize sound science to identify and sustain core 
centers of salmon abundance, productivity, and diversity in the 
healthiest remaining salmon ecosystems throughout the Pacific States.
  This bill establishes 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 non-
governmental organizations in efforts to protect salmon strongholds.
  It is time to increase funding for recovery efforts, but also focus 
on prevention. It is time to adopt the kind of comprehensive solution 
that can solidify the place wild Pacific salmon hold 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. 817

       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 2009''.
       (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. Salmon Stronghold Partnership.
Sec. 5. Information and assessment.
Sec. 6. Salmon stronghold watershed grants and technical assistance 
              program.
Sec. 7. Interagency cooperation.
Sec. 8. International cooperation.
Sec. 9. Acquisition and transfer of real property interests.
Sec. 10. Administrative provisions.
Sec. 11. Limitations.
Sec. 12. Reports to Congress.
Sec. 13. Authorization of appropriations.

     SEC. 2. FINDINGS; PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) Several species of salmon native to the rivers of the 
     United States are highly migratory, interacting with salmon 
     originating from Canada, Japan, Russia, and South Korea and 
     spending portions of their life history outside of the 
     territorial waters of the United States. Recognition of the 
     migratory and transboundary nature of salmon species has led 
     countries of the North Pacific to seek enhanced coordination 
     and cooperation through multilateral and bi-lateral 
     agreements.
       (2) Salmon are a keystone species, sustaining more than 180 
     other species in freshwater and marine ecosystems. They are 
     also an indicator of ecosystem health and potential impacts 
     of climate change.
       (3) Salmon are a central part of the culture, economy, and 
     environment of Western North America.
       (4) Economic activities relating to salmon generate 
     billions of dollars of economic activity and provide 
     thousands of jobs.
       (5) During the anticipated rapid environmental change 
     during the period beginning on the date of the enactment of 
     this Act, maintaining key ecosystem processes and functions, 
     population abundance, and genetic integrity will be vital to 
     ensuring the health of salmon populations.
       (6) Salmon strongholds provide critical production zones 
     for commercial, recreational, and subsistence fisheries.
       (7) Taking into consideration the frequency with which 
     fisheries have collapsed during the period preceding the date 
     of the enactment of this Act, using scientific research to 
     correctly identify and conserve core centers of abundance, 
     productivity, and diversity is vital to sustain salmon 
     populations and fisheries in the future.
       (8) Measures being undertaken as of the date of the 
     enactment of this Act to recover threatened or endangered 
     salmon stocks, including Federal, State, and local programs 
     to restore salmon habitat, are vital. These measures will be 
     complemented and enhanced by identifying and sustaining core 
     centers of abundance, productivity, and diversity in the 
     healthiest remaining salmon ecosystems throughout the range 
     of salmon species.
       (9) The effects of climate change are affecting salmon 
     habitat at all life history stages and future habitat 
     conservation must consider climate change projections to 
     safeguard natural systems under future climate conditions.
       (10) Greater coordination between public and private 
     entities can assist salmon strongholds by marshaling and 
     focusing resources on scientifically-supported, high priority 
     conservation actions.
       (b) Purposes.--The purposes of this Act are--
       (1) to expand Federal support and resources for the 
     protection and restoration of the healthiest remaining salmon 
     strongholds in

[[Page S4371]]

     North America to sustain core centers of salmon abundance, 
     productivity, and diversity in order to ensure the long-term 
     viability of salmon populations--
       (A) in the States of California, Idaho, Oregon, and 
     Washington, by focusing resources on cooperative, incentive-
     based efforts to conserve the roughly 20 percent of salmon 
     habitat that supports approximately two-thirds of salmon 
     abundance; and
       (B) in the State of Alaska, a regional stronghold that 
     produces more than one-third of all salmon, by increasing 
     resources available to public and private organizations 
     working cooperatively to conserve regional core centers of 
     salmon abundance and diversity;
       (2) to maintain and enhance economic benefits related to 
     fishing or associated with healthy salmon stronghold 
     habitats, including flood protection, recreation, water 
     quantity and quality, carbon sequestration, climate change 
     mitigation and adaptation, and other ecosystem services; and
       (3) to complement and add to existing Federal, State, and 
     local salmon recovery efforts by using sound science to 
     identify and sustain core centers of salmon abundance, 
     productivity, and diversity in the healthiest remaining 
     salmon ecosystems throughout their range.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Assistant Administrator for the National Marine Fisheries 
     Service of the National Oceanic and Atmospheric 
     Administration.
       (2) Board.--The term ``Board'' means the Salmon Stronghold 
     Partnership Board established under section 4.
       (3) Charter.--The term ``charter'' means the charter of the 
     Board 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.--Except as otherwise provided, 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 that occur 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 or 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 their range, as defined by the Board.
       (9) Salmon stronghold partnership.--The term ``Salmon 
     Stronghold Partnership'' means the Salmon Stronghold 
     Partnership established under section 4(a)(1).
       (10) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of Commerce.

     SEC. 4. SALMON STRONGHOLD PARTNERSHIP.

       (a) In General.--
       (1) Establishment.--The Secretary shall establish a Salmon 
     Stronghold Partnership that is a cooperative, incentive-
     based, public-private partnership among appropriate Federal, 
     State, tribal, and local governments, private landowners, and 
     nongovernmental organizations working across political 
     boundaries, government jurisdictions, and land ownerships to 
     identify and conserve salmon strongholds.
       (2) Membership.--To the extent possible, the membership of 
     the Salmon Stronghold Partnership shall include each entity 
     described under subsection (b).
       (3) Leadership.--The Salmon Stronghold Partnership shall be 
     managed by a Board established by the Secretary to be known 
     as the Salmon Stronghold Partnership Board.
       (b) Salmon Stronghold Partnership Board.--
       (1) In general.--The Board shall consist of representatives 
     with strong scientific or technical credentials and expertise 
     as follows:
       (A) 1 representative from each of--
       (i) the National Marine Fisheries Service, as appointed by 
     the Administrator;
       (ii) the United States Fish and Wildlife Service, as 
     appointed by the Director;
       (iii) the Forest Service, as appointed by the Chief of the 
     Forest Service;
       (iv) the Environmental Protection Agency, as appointed by 
     the Administrator of the Environmental Protection Agency;
       (v) the Bonneville Power Administration, as appointed by 
     the Administrator of the Bonneville Power Administration;
       (vi) the Bureau of Land Management, as appointed by the 
     Director of the Bureau of Land Management; and
       (vii) the Northwest Power and Conservation Council, as 
     appointed by the Northwest Power and Conservation Council.
       (B) 1 representative from the natural resources staff of 
     the office of the Governor or of an appropriate natural 
     resource agency of a State, as appointed by the Governor, 
     from each of the States of--
       (i) Alaska;
       (ii) California;
       (iii) Idaho;
       (iv) Oregon; and
       (v) Washington.
       (C) Not less than 3 and not more than 5 representatives 
     from Indian tribes or tribal commissions located within the 
     range of a salmon species, as appointed by such Indian tribes 
     or tribal commissions, in consultation with the Board.
       (D) 1 representative from each of 3 non-governmental 
     organizations with salmon conservation and management 
     expertise, as selected by the Board.
       (E) 1 national or regional representative from an 
     association of counties, as selected by the Board.
       (F) Representatives of other entities with significant 
     resources regionally dedicated to the protection of salmon 
     ecosystems that the Board determines are appropriate, as 
     selected by the Board.
       (2) Failure to appoint.--If a representative described in 
     subparagraph (B), (C), (D), (E), or (F) of paragraph (1) is 
     not appointed to the Board or otherwise fails to participate 
     in the Board, the Board shall carry out its functions until 
     such representative is appointed or joins in such 
     participation.
       (c) Meetings.--
       (1) Frequency.--Not less frequently than 3 times each year, 
     the Board shall meet to provide opportunities for input from 
     a broader set of stakeholders.
       (2) Notice.--Prior to each meeting, the Board shall give 
     timely notice of the meeting to the public, the government of 
     each county, and tribal government in which a salmon 
     stronghold is identified by the Board.
       (d) Board Consultation.--The Board shall seek expertise 
     from fisheries experts from agencies, colleges, or 
     universities, as appropriate.
       (e) Chairperson.--The Board shall nominate and select a 
     Chairperson from among the members of the Board.
       (f) Committees.--The Board--
       (1) shall establish a standing science advisory committee 
     to assist the Board in the development, collection, 
     evaluation, and peer review of statistical, biological, 
     economic, social, and other scientific information; and
       (2) may establish additional standing or ad hoc committees 
     as the Board determines are necessary.
       (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) includes--
       (A) the defining criteria for a salmon stronghold;
       (B) the process for identifying salmon strongholds; and
       (C) the process for reviewing and awarding grants under the 
     program, including--
       (i) the number of years for which such a grant may be 
     awarded;
       (ii) the process for renewing such a grant;
       (iii) the eligibility requirements for such a grant;
       (iv) the reporting requirements for projects awarded such a 
     grant; and
       (v) the criteria for evaluating the success of a project 
     carried out with such a grant.
       (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 salmon strongholds, in 
     coordination with other regional salmon efforts, including--
       (1) triennial assessment of status and trends in salmon 
     strongholds;
       (2) geographic information system and mapping support to 
     facilitate conservation planning;
       (3) projections of climate change impacts on all habitats 
     and life history stages of salmon;
       (4) development and application of models and other tools 
     to identify salmon conservation actions projected to have the 
     greatest positive impacts on salmon abundance, productivity, 
     or diversity within salmon strongholds; and
       (5) 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

[[Page S4372]]

     network of salmon strongholds, and assist locally in specific 
     actions that support the Salmon Stronghold Partnership;
       (3) to support entities represented on the Board--
       (A) to develop strategies focusing on salmon conservation 
     actions projected to have the greatest positive impacts on 
     abundance, productivity, or diversity in salmon strongholds; 
     and
       (B) to provide financial assistance to the Salmon 
     Stronghold Partnership to increase local economic 
     opportunities and resources for actions or practices that 
     provide long-term or permanent conservation and that maintain 
     key ecosystem services in salmon strongholds, including--
       (i) payments for ecosystem services; and
       (ii) demonstration projects designed for specific salmon 
     strongholds;
       (4) to maintain a forum to share best practices and 
     approaches, employ consistent and comparable metrics, 
     forecast and address climate impacts, 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 accelerate the implementation of recovery plans in 
     salmon strongholds that have salmon populations listed as 
     threatened or endangered under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.);
       (7) to develop and make information available to the public 
     pertaining to the Salmon Stronghold Partnership; and
       (8) to conduct education outreach to the public, in 
     coordination with other programs, to encourage increased 
     stewardship of salmon strongholds.
       (c) Selection.--Projects that will be carried out with 
     assistance from the program shall be selected and 
     administered as follows:
       (1) Site-based projects.--A project that will be carried 
     out with assistance from the program within 1 State shall be 
     selected as follows:
       (A) State selection.--If a State has a competitive grant 
     process relating to salmon conservation in effect as of the 
     date of enactment of this Act and has a proven record of 
     implementing an efficient, cost-effective, and competitive 
     grant program for salmon conservation or has a viable plan to 
     provide accountability under the program--
       (i) the National Fish and Wildlife Foundation, in 
     consultation with the Board, shall provide program funds to 
     the State; and
       (ii) the State shall select and administer projects to be 
     carried out in such State, in accordance with subsection (d).
       (B) National fish and wildlife foundation selection.--If a 
     State does not meet the criteria described in subparagraph 
     (A)--
       (i) the Administrator, in consultation with the Director, 
     shall provide funds to the National Fish and Wildlife 
     Foundation; and
       (ii) the National Fish and Wildlife Foundation, in 
     consultation with the Board, shall select and administer 
     projects to be carried out in such State, in accordance with 
     subsection (d).
       (2) Multisite and programmatic initiatives.--For a project 
     that will be carried out with assistance from the program in 
     more than 1 State or that is a programmatic initiative that 
     affect more than 1 State--
       (A) the Administrator, in consultation with the Director, 
     shall provide funds to the National Fish and Wildlife 
     Foundation; and
       (B) the National Fish and Wildlife Foundation, in 
     consultation with the Board, shall select and administer such 
     projects to be carried out, in accordance with subsection 
     (d).
       (d) Criteria for Approval.--
       (1) Criteria developed by the board.--
       (A) Requirement to develop.--The Board shall develop and 
     provide criteria for the prioritization of projects funded 
     under the program in a manner that enables projects to be 
     individually ranked in sequential order by the magnitude of 
     the project's positive impacts on salmon abundance, 
     productivity, or diversity.
       (B) Specific requirements.--The criteria required by 
     subparagraph (A) shall require that a project that receives 
     assistance under the program--
       (i) contributes to the conservation of salmon;
       (ii) meets the criteria for eligibility established in the 
     charter;
       (iii)(I) addresses a factor limiting or threatening to 
     limit abundance, productivity, diversity, habitat quality, or 
     other biological attributes important to sustaining viable 
     salmon populations within a salmon stronghold; or
       (II) is a programmatic action that supports the Salmon 
     Stronghold Partnership;
       (iv) addresses limiting factors to healthy ecosystem 
     processes or sustainable fisheries management;
       (v) has the potential for conservation benefits and broadly 
     applicable results; and
       (vi) meets the requirements for--

       (I) cost sharing described in subsection (e); and
       (II) the limitation on administrative expenses described in 
     subsection (f).

       (C) Schedule for development.--The Board shall--
       (i) develop and provide the criteria required by 
     subparagraph (A) prior to the initial solicitation of 
     projects under the program; and
       (ii) revise such criteria not less often than once each 
     year.
       (e) Cost Sharing.--
       (1) Federal share.--
       (A) Non-federal land.--For any fiscal year, the Federal 
     share of the cost of a project that receives assistance under 
     the program and that is carried out on land that is not owned 
     by the United States shall not exceed 50 percent of the total 
     cost of the project.
       (B) Federal land.--For any fiscal year, the Federal share 
     of the cost of a project that receives assistance under the 
     program and that is carried out on land that is owned by the 
     United States, including the acquisition of inholdings, may 
     be up to 100 percent of the total cost of the project.
       (2) Non-federal share.--
       (A) In general.--Subject to subparagraph (B), the non-
     Federal share of the cost of a project that receives 
     assistance under the program may not be derived from Federal 
     grant programs, but may include in-kind contributions.
       (B) Bonneville power administration.--Any amounts provided 
     by the Bonneville Power Administration directly or through a 
     grant to another entity used to carry out a project that 
     receives assistance under the program shall be credited 
     toward the non-Federal share of the cost of the project.
       (f) Administrative Expenses.--Of the amount available to a 
     State or the National Fish and Wildlife Foundation under the 
     program for each fiscal year, such State and the National 
     Fish and Wildlife Foundation shall not expend more than 5 
     percent of such amount for administrative and reporting 
     expenses necessary to carry out this section.
       (g) Reports.--
       (1) Reports to states or nfwf.--Each person who receives 
     assistance through a State or the National Fish and Wildlife 
     Foundation under the program for a project shall provide 
     periodic reports to the State or the National Fish and 
     Wildlife Foundation, as appropriate, that includes the 
     information required by the State or the National Fish and 
     Wildlife Foundation to evaluate the progress and success of 
     the project.
       (2) Reports to the administration.--Not less frequently 
     than once every 3 years, each State that is provided program 
     funds under subsection (c)(1)(A) and the National Fish and 
     Wildlife Foundation shall provide reports to the 
     Administrator that include the information required by the 
     Administrator to evaluate the implementation of the program.

     SEC. 7. INTERAGENCY COOPERATION.

       The head of each Federal agency or department responsible 
     for acquiring, managing, or disposing of Federal land that is 
     within a salmon stronghold shall, to the extent consistent 
     with the mission of the agency or department and existing 
     law, cooperate with the Administrator and the Director--
       (1) to conserve the salmon strongholds; and
       (2) to effectively coordinate and streamline Salmon 
     Stronghold Partnership activities and delivery of 
     overlapping, incentive-based programs that affect the salmon 
     stronghold.

     SEC. 8. INTERNATIONAL COOPERATION.

       (a) Authority To Cooperate.--The Administrator and the 
     Board may share status and trends data, innovative 
     conservation strategies, conservation planning methodologies, 
     and other information with North Pacific countries, including 
     Canada, Japan, Russia, and South Korea, and appropriate 
     international entities to promote conservation of salmon and 
     salmon habitat.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Administrator and the Board, or entities that are members 
     of the Board, should and are encouraged to provide 
     information to North Pacific countries, including Canada, 
     Japan, Russia, and South Korea, and appropriate international 
     entities to support the development of a network of salmon 
     strongholds across the nations of the North Pacific.

     SEC. 9. ACQUISITION AND TRANSFER OF REAL PROPERTY INTERESTS.

       (a) Use of Real Property.--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.
       (b) 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.
       (c) Transfer of Real Property.--No land or interest in 
     land, acquired in whole or in part by the Secretary of the 
     Interior with Federal funds made available under this Act to 
     carry out a salmon stronghold conservation project may be 
     transferred to a State, other public agency, or other entity 
     unless--
       (1) the Secretary of the Interior determines that the 
     State, agency, or entity is committed to manage, in 
     accordance with this Act and the purposes of this Act, the 
     property being transferred; 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 entity fails to 
     manage the property in accordance with this Act and the 
     purposes of this Act.
       (d) Requirement.--Any real property interest conveyed under 
     subsection (c) shall be subject to such terms and conditions 
     as will ensure, to the maximum extent practicable,

[[Page S4373]]

     that the interest will be administered in accordance with 
     this Act and the purposes of this Act.

     SEC. 10. ADMINISTRATIVE PROVISIONS.

       (a) Contracts, Grants, and Transfers of Funds.--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 or 
     department to be used by the agency or department to award 
     financial assistance for any salmon stronghold protection, 
     restoration, or enhancement project that the Secretary 
     determines to be consistent with this Act.
       (b) 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 or 
     departments through interagency agreements.
       (c) Interagency Financing.--The Secretary may participate 
     in interagency financing, including receiving appropriated 
     funds from other agencies or departments to carry out this 
     Act.
       (d) Staff.--Subject to the availability of appropriations, 
     the Administrator may hire such additional full-time 
     employees as are necessary to carry out this Act.

     SEC. 11. 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 the 
     management or priority of water rights under State law;
       (2) to affect existing water rights under Federal or State 
     law;
       (3) to affect any Federal or State law in existence on the 
     date of enactment of this Act regarding water quality or 
     water quantity;
       (4) 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 or regulation;
       (5) to authorize the Secretary or the Secretary of the 
     Interior to control or regulate hunting or fishing under 
     State law;
       (6) to abrogate, abridge, affect, modify, supersede, or 
     otherwise alter any right of a federally recognized Indian 
     tribe under any applicable Federal or tribal law or 
     regulation; or
       (7) to diminish or affect the ability of the Secretary or 
     the Secretary of the 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. 12. REPORTS TO CONGRESS.

       Not less frequently than once every 3 years, the 
     Administrator, in consultation with the Director, shall 
     submit to Congress a report describing the activities carried 
     out under this Act, including the recommendations of the 
     Administrator, if any, for legislation relating to the Salmon 
     Stronghold Partnership.

     SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

       (a) Grants.--
       (1) In general.--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 the program, $30,000,000 for each of fiscal years 2009 
     through 2013.
       (2) Board.--The National Fish and Wildlife Foundation 
     shall, from the amount appropriated pursuant to the 
     authorization of appropriations in paragraph (1), make 
     available sufficient funds to the Board to carry out its 
     duties under this Act.
       (b) Technical Assistance.--For each of fiscal years 2009 
     through 2013, there is authorized to be appropriated to the 
     Administrator $300,000 to provide technical assistance under 
     the program and to carry out section 5.
       (c) Availability of Funds.--Amounts appropriated pursuant 
     to an authorization of appropriations in this section are 
     authorized to remain available until expended.
                                 ______
                                 
      By Mr. BINGAMAN (for himself, Mr. Burr, Mr. Kennedy, Mr. Hatch, 
        and Mrs. Murray):
  S. 818. A bill to reauthorize the Enhancing Education Through 
Technology Act of 2001, and for other purposes; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr BINGAMAN. Mr. President, I rise today with my colleagues Senators 
Burr, Kennedy, Hatch and Murray to introduce the Achievement Through 
Technology and Innovation, ATTAIN, Act of 2009.
  This bill would amend title II of the Elementary and Secondary 
Education Act of 1965 to rename part D, Achievement through Technology 
and Innovation, and reauthorize it through FY2014. I am very pleased 
that ATTAIN is supported by the Consortium for School Networking, 
International Society for Technology and Education, Software and 
Information Industry Association, State Educational Technology 
Directors Association, and many other education groups.
  In 2002, Congress enacted the No Child Left Behind Act to close the 
achievement gap between low-income, underperforming students and their 
more affluent peers. Without a renewed dedication to the quality of 
programs used in our schools, this goal, as well as providing an 
excellent education for students, will be difficult to achieve. While 
there is no question that we have made progress in recent years in 
advancing educational opportunity, I remain concerned about the number 
of schools that are failing to meet the performance criteria set out in 
the No Child Left Behind Act.
  The bill I am introducing represents a critical step forward in 
advancing learning technologies for millions of students across the 
country. Many schools lack the resources necessary for the 21st century 
classroom and to meet the needs and expectations of today's students. 
Furthermore, technology and e-learning in our schools are a must if we 
are to meet our Nation's science, technology, engineering, and 
mathematics education needs and to provide students with the skills 
necessary to succeed in the 21st century knowledge-based, global 
economy.
  By authorizing the Enhancing Education Through Technology Act, EETT, 
as part of NCLB, Congress recognized that Federal leadership and 
investment is needed to serve as a catalyst for State and local 
education initiatives aimed at school innovation and improved student 
achievement. EETT has shown to be effective, particularly in my home 
State of New Mexico. As you know, many schools often do not have access 
to learning resources that enable their students to gain an academic 
background with the technological skills and knowledge necessary to 
succeed in college or the modern workplace. Through EETT, programs such 
as the Online Teaching and Learning Opportunities Year 2, have become 
bright spots of opportunity in some of our Nation's most isolated 
communities and have brought technical training, professional 
development and advanced technology resources to teachers and students. 
Notwithstanding this record of success, it is critical that states such 
as New Mexico have the opportunity to further advance the use of 
learning technologies to deliver innovative instruction and curriculum.
  To this end, the ATTAIN Act has three main objectives. First, to 
ensure that through technology every student has access to 
individualized, rigorous, and relevant learning to meet the goals of 
NCLB and to prepare all students for the 21st century. Second, to build 
upon and increase the use of evidence-based and innovative systemic 
school redesign that centers around technology. And finally, to provide 
meaningful professional development around technology that leads to 
changes in teaching and curriculum and improves student technology 
literacy.
  The future of our students' success depends on the quality of their 
educational experience. I want to thank Senators Burr, Kennedy, Hatch, 
and Murray for their leadership and commitment to improving education 
in this country. They remain tireless advocates for our Nation's 
students, and I am pleased to be working with them on this legislation 
as we begin reauthorizing the No Child Left Behind Act.
  This legislation is an integral step in advancing State and local 
learning technologies for millions of students across the country, and 
I urge my colleagues to support this 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:

[[Page S4374]]

                                 S. 818

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

     SECTION 1. ACHIEVEMENT THROUGH TECHNOLOGY AND INNOVATION.

       Part D of title II of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6751 et seq.) is amended to 
     read as follows:

        ``PART D--ACHIEVEMENT THROUGH TECHNOLOGY AND INNOVATION

     ``SEC. 2401. SHORT TITLE.

       ``This part may be cited as the `Achievement Through 
     Technology and Innovation Act of 2009' or the `ATTAIN Act'.

     ``SEC. 2402. FINDINGS, PURPOSES, AND GOALS.

       ``(a) Findings.--Congress makes the following findings:
       ``(1) Learning technologies in our Nation's schools are 
     critical--
       ``(A) to meet the goals of the No Child Left Behind Act of 
     2001 of raising student achievement, closing the achievement 
     gap, and ensuring high-quality teaching; and
       ``(B) to ensure that our Nation's students are prepared to 
     compete in the 21st century knowledge-based global economy.
       ``(2) Increased professional development opportunities are 
     needed if teachers are to be highly qualified and effective 
     in a 21st century classroom with today's digital native 
     students, including professional development opportunities--
       ``(A) in the use of learning technologies to deliver 
     innovative instruction and curriculum; and
       ``(B) to use data to inform instruction.
       ``(3) Scientifically based research, conducted with Federal 
     funding, demonstrates that systemic redesign initiatives 
     centered around technology have shown great promise in 
     improving teaching and learning, including the following:
       ``(A) In Utah, Missouri, and Maine, the eMINTS program 
     provides schools and teachers with educational technology 
     tools, curriculum, and more than 200 hours of professional 
     development to change how teachers teach and students learn. 
     In classrooms in the same school (1 with eMINTS and 1 
     without), the student achievement of students in the eMINTS 
     classroom was repeatedly over 10 percent higher than the 
     control classroom.
       ``(B) In West Virginia, students receiving access to online 
     foreign language courses performed at least as well as 
     students in face-to-face versions of the classes, providing 
     comparable high-quality instruction for students in rural 
     areas who otherwise would not have access to such courses.
       ``(C) In Michigan's Freedom to Learn technology program, 
     proficiency on Michigan Education Assessment Program (MEAP) 
     tests of 8th grade mathematics increased from 31 percent in 
     2004 to 63 percent in 2005 in 1 middle school, and science 
     achievement increased from 68 percent of students proficient 
     in 2003 to 80 percent in 2004.
       ``(D) In Texas, the Technology Immersion Pilot (TIP), 
     implemented in middle schools, demonstrated that discipline 
     referrals went down by more than \1/2\ with the changes in 
     teaching and learning; while in 1 school, the percentage of 
     6th graders who passed the reading portion of the 2006 State 
     assessment (TAKS) test was up 17 points from 2004, and the 
     percentage of 7th graders who passed the mathematics portion 
     of the TAKS rose 13 points. The students participating in the 
     Technology Immersion Pilot have become more responsible for 
     their learning, more engaged in the classroom, and much more 
     knowledgeable about the role of technology in problem solving 
     and learning.
       ``(E) In Iowa, after connecting teachers with sustainable 
     professional development and technology-based curriculum 
     interventions, students taught by such teachers had scores 
     that increased by 14 points in 8th grade mathematics, 16 
     points in 4th grade mathematics, and 13 points in 4th grade 
     reading compared with control groups.
       ``(4) Technology and e-learning in our Nation's schools are 
     necessary to meet our Nation's science, technology, 
     engineering, and mathematics (STEM) education needs and to 
     provide students with 21st century skills, including 
     technology literacy, information literacy, communication 
     skills, problem solving skills, and the ability for self-
     directed life-long learning.
       ``(5) A 2003 Department of Commerce report credits United 
     States industry's investments in information technology 
     between 1989 and 2001 with `producing positive and probably 
     lasting changes in the Nation's economic potential', but 
     finds United States education last in intensity of 
     information technology in 55 industry sectors.
       ``(6) Many of our Nation's schools lack the resources 
     necessary for the 21st century classroom and to meet the 
     needs and expectations of today's digital native students, 
     including--
       ``(A) software, digital content, and broadband resources; 
     and
       ``(B) other technologies.
       ``(7) According to the Department of Education's National 
     Educational Technology Trends Study (NETTS 2007), 
     insufficient or outdated technology presented a substantial 
     barrier to technology use for teaching and learning for more 
     than 40 percent of students, while the lack of support 
     specialists was a barrier to technology use for more than 50 
     percent of students.
       ``(8) Federal leadership and investment is needed to serve 
     as a catalyst for State and local education initiatives aimed 
     at school innovation and improved student achievement through 
     leveraging educational technologies. According to the 
     Department of Education's National Educational Technology 
     Trends Study (NETTS 2007), `Because funds generated locally 
     through bonds or taxes frequently have legal restrictions 
     requiring them to be spent on hardware and connectivity 
     purchases only, Federal and State funds supporting the use of 
     technology resources fill a critical gap.'.
       ``(b) Purposes.--The purposes of this part are the 
     following:
       ``(1) To ensure that through technology every student has 
     access to individualized, rigorous, and relevant learning to 
     meet the goals of this part, and to prepare all students and 
     the United States for the 21st century.
       ``(2) To evaluate, build upon, and increase the use of 
     evidence-based and innovative systemic school redesigns that 
     center on the use of technology that leads to school 
     improvement and increased student achievement.
       ``(3) To increase ongoing, meaningful professional 
     development around technology that--
       ``(A) leads to changes in teaching and curriculum;
       ``(B) improves student achievement, including in core 
     academic subjects;
       ``(C) improves student technology literacy; and
       ``(D) is aligned with professional development activities 
     supported under section 2123.
       ``(c) Goals.--The goals of this part are the following:
       ``(1) To improve student academic achievement with respect 
     to State academic standards through the use of professional 
     development and systemic school redesigns that center on the 
     use of technology and the applications of technology.
       ``(2) To improve professional development to ensure every 
     school administrator--
       ``(A) possesses the leadership skills necessary for 
     effective technology integration and every teacher possesses 
     the knowledge and skills to use technology across the 
     curriculum;
       ``(B) uses technology and curriculum redesign as key 
     components of changing teaching and learning and improving 
     student achievement;
       ``(C) uses technology for data analysis to enable 
     individualized instruction; and
       ``(D) uses technology to improve student technology 
     literacy.
       ``(3) To ensure that every student is technologically 
     literate by the end of 8th grade, regardless of the student's 
     race, ethnicity, gender, family income, geographic location, 
     or disability.
       ``(4) To improve student engagement, opportunity, 
     attendance, graduation rates, and technology access through 
     enhanced or redesigned curriculum or instruction.
       ``(5) To more effectively use data to inform instruction, 
     address individualized student needs, and support school 
     decisionmaking.

     ``SEC. 2403. DEFINITION OF STUDENT TECHNOLOGY LITERACY.

       ``In this part:
       ``(1) Local educational agency.--
       ``(A) In general.--The term `local educational agency' 
     includes a consortium of local educational agencies.
       ``(B) Implementing regulations.--The Secretary shall 
     promulgate regulations implementing subparagraph (A).
       ``(2) Student technology literacy.--The term `student 
     technology literacy' means student knowledge and skills in 
     using contemporary information, communication, and learning 
     technologies in a manner necessary for successful employment, 
     life-long learning, and citizenship in the knowledge-based, 
     digital, and global 21st century, which includes, at a 
     minimum, the ability--
       ``(A) to effectively communicate and collaborate;
       ``(B) to analyze and solve problems;
       ``(C) to access, evaluate, manage, and create information 
     and otherwise gain information literacy;
       ``(D) to demonstrate creative thinking, construct 
     knowledge, and develop innovative products and processes; and
       ``(E) to do so in a safe and ethical manner.

     ``SEC. 2404. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to carry out this part, $1,000,000,000 for fiscal year 2010, 
     and such sums as may be necessary for each of the 5 
     succeeding fiscal years.
       ``(b) Allocation of Funds Between State and Local and 
     National Initiatives.--Of the funds made available under 
     subsection (a) for a fiscal year--
       ``(1) 3 percent or $10,000,000, whichever amount is less, 
     shall be available to carry out subpart 2, of which--
       ``(A) $2,000,000 shall be available to carry out section 
     2411(1); and
       ``(B) 1.5 percent or $4,000,000, whichever amount is less, 
     shall be available to carry out section 2412; and
       ``(2) the remainder of the funds made available under 
     subsection (a) shall be available to carry out subpart 1.
       ``(c) Limitation.--
       ``(1) Local administrative costs.--Of the funds made 
     available to a local educational agency under this part for a 
     fiscal year, not more than 3 percent may be used by the local 
     educational agency for administrative costs.
       ``(2) State administrative costs.--Of the funds made 
     available to a State educational agency under section 
     2406(a)(1), not more than 60 percent may be used by the State 
     educational agency for administrative costs.

[[Page S4375]]

                  ``Subpart 1--State and Local Grants

     ``SEC. 2405. ALLOTMENT AND REALLOTMENT.

       ``(a) Reservations and Allotment.--From the amount made 
     available to carry out this subpart under section 2404(b)(2) 
     for a fiscal year--
       ``(1) the Secretary shall reserve--
       ``(A) \3/4\ of 1 percent for the Secretary of the Interior 
     for programs under this subpart for schools operated or 
     funded by the Bureau of Indian Affairs; and
       ``(B) \1/2\ of 1 percent to provide assistance under this 
     subpart to the outlying areas; and
       ``(2) subject to subsection (b), the Secretary shall use 
     the remainder to award grants by allotting to each State 
     educational agency an amount that bears the same relationship 
     to such remainder for such year as the amount received under 
     part A of title I for such year by such State educational 
     agency bears to the amount received under such part for such 
     year by all State educational agencies.
       ``(b) Minimum Allotment.--The amount of any State 
     educational agency's allotment under subsection (a)(2) for 
     any fiscal year shall not be less than \1/2\ of 1 percent of 
     the amount made available for allotments to State educational 
     agencies under this part for such year.
       ``(c) Reallotment of Unused Funds.--If any State 
     educational agency does not apply for an allotment under this 
     subpart for a fiscal year, or does not use the State 
     educational agency's entire allotment under this subpart for 
     that fiscal year, the Secretary shall reallot the amount of 
     the State educational agency's allotment, or the unused 
     portion of the allotment, to the remaining State educational 
     agencies that use their entire allotments under this subpart 
     in accordance with this section.
       ``(d) State Educational Agency Defined.--In this section, 
     the term `State educational agency' does not include an 
     agency of an outlying area or the Bureau of Indian Affairs.

     ``SEC. 2406. USE OF ALLOTMENT BY STATE.

       ``(a) In General.--Of the amount provided to a State 
     educational agency under section 2405(a)(2) for a fiscal 
     year--
       ``(1) the State educational agency may use not more than 5 
     percent of such amount or $100,000, whichever amount is 
     greater, to carry out activities under section 2408(a);
       ``(2) the State educational agency shall use 2.5 percent of 
     such amount or $50,000, whichever amount is greater, to carry 
     out activities under section 2408(b); and
       ``(3) the State educational agency shall distribute the 
     remainder as follows:
       ``(A) The State educational agency shall use 60 percent of 
     the remainder to award Improving Teaching and Learning 
     through Technology subgrants to local educational agencies 
     having applications approved under section 2409(c) for the 
     activities described in section 2410(b) by allotting to each 
     such local educational agency an amount that bears the same 
     relationship to 60 percent of the remainder for such year as 
     the amount received under part A of title I for such year by 
     such local educational agency bears to the amount received 
     under such part for such year by all local educational 
     agencies within the State, subject to subsection (b)(2).
       ``(B) The State educational agency shall use 40 percent of 
     the remainder to award Systemic School Redesign through 
     Technology Integration subgrants, through a State-determined 
     competitive process, to local educational agencies having 
     applications approved under section 2409(b) for the 
     activities described in section 2410(a).
       ``(b) Sufficient Amounts.--
       ``(1) Special rule.--In awarding subgrants under subsection 
     (a)(3)(B), the State educational agency shall--
       ``(A) ensure the subgrants are of sufficient size and scope 
     to be effective, consistent with the purposes of this part;
       ``(B) ensure subgrants are of sufficient duration to be 
     effective, consistent with the purposes of this part, 
     including by awarding subgrants for a period of not less than 
     2 years that may be renewed for not more than an additional 3 
     years;
       ``(C) give preference in the awarding of subgrants to local 
     educational agencies that serve schools in need of 
     improvement, as identified under section 1116, including 
     those schools with high populations of--
       ``(i) students with limited English proficiency;
       ``(ii) students with disabilities; or
       ``(iii) other subgroups of students who have not met the 
     State's student academic achievement standards; and
       ``(D) ensure an equitable distribution of subgrants under 
     subsection (a)(3)(B) among urban and rural areas of the 
     State, according to the demonstrated need for assistance 
     under this subpart of the local educational agencies serving 
     the areas.
       ``(2) Minimum subgrant.--The amount of any local 
     educational agency's subgrant under subsection (a)(3)(A) for 
     any fiscal year shall be not less than $3,000.
       ``(c) Reallotment of Unused Funds.--If any local 
     educational agency does not apply for a subgrant under 
     subsection (a)(3)(A) for a fiscal year, or does not use the 
     local educational agency's entire allotment under this 
     subpart for that fiscal year, the State shall reallot the 
     amount of the local educational agency's allotment, or the 
     unused portion of the allotment, to the remaining local 
     educational agencies that use their entire allotments under 
     this subpart in accordance with this section.

     ``SEC. 2407. STATE APPLICATIONS.

       ``(a) In General.--To be eligible to receive a grant under 
     this subpart, a State educational agency shall submit to the 
     Secretary, at such time and in such manner as the Secretary 
     may specify, an application containing the contents described 
     in subsection (b) and such other information as the Secretary 
     may reasonably require.
       ``(b) Contents.--Each State educational agency application 
     submitted under subsection (a) shall include each of the 
     following:
       ``(1) A description of how the State educational agency 
     will support local educational agencies that receive 
     subgrants under this subpart in meeting, and help improve the 
     local educational agencies' capacity to meet, the purposes 
     and goals of this part and the requirements of this subpart, 
     including through technical assistance.
       ``(2) A description of the State educational agency's long-
     term goals and strategies for improving student academic 
     achievement, including in core academic subjects and in 
     student technology literacy, through the effective use of 
     technology in classrooms and schools throughout the State.
       ``(3) A description of the priority area upon which the 
     State educational agency will focus the State educational 
     agency's guidance, technical assistance, and other assistance 
     under this subpart, and other local support under this 
     subpart, such that the priority area shall be identified by 
     the State educational agency from among the core academic 
     subjects, grade levels, and student subgroup populations that 
     may be causing the most number of local educational agencies 
     in the State to not make adequate yearly progress, as defined 
     in section 1111(b)(2)(C).
       ``(4) A description of how the State educational agency 
     will support local educational agencies that receive 
     subgrants under this subpart in implementing, and will help 
     improve the local educational agency's capacity to implement, 
     professional development programs pursuant to section 
     2410(b)(1)(A).
       ``(5) A description of how the State educational agency 
     will ensure that teachers, paraprofessionals, library and 
     media personnel, and administrators served by the State 
     educational agency possess the knowledge and skills--
       ``(A) to use technology across the curriculum;
       ``(B) to use technology and curriculum redesign as key 
     components of changing teaching and learning and improving 
     student achievement;
       ``(C) to use technology for data analysis to enable 
     individualized instruction; and
       ``(D) to use technology to improve student technology 
     literacy.
       ``(6) A description of the process, activities, and 
     performance measures that the State educational agency will 
     use to evaluate the impact and effectiveness of activities 
     described in section 2408(b).
       ``(7) Identification of the State challenging academic 
     content standards and challenging student academic 
     achievement standards that the State educational agency will 
     use to ensure that each student is technology literate by the 
     end of the 8th grade consistent with the definition of 
     student technology literacy, and a description of how the 
     State educational agency will assess, not less than once by 
     the end of 8th grade, student performance in gaining 
     technology literacy only for the purpose of tracking progress 
     towards achieving the 8th grade technology literacy goal but 
     not for meeting adequate yearly progress goals, including 
     through embedding such assessment items in other State tests 
     or performance-based assessments portfolios, or through other 
     valid and reliable means, except that nothing in this subpart 
     shall be construed to require States to develop a separate 
     test to assess student technology literacy.
       ``(8) An assurance that financial assistance provided under 
     this subpart will supplement, and not supplant, State and 
     local funds.
       ``(9) A description of how the State educational agency 
     will, in providing technical and other assistance to local 
     educational agencies, give priority to those local 
     educational agencies identified by the State educational 
     agency as having the highest need for assistance under this 
     subpart, including those local educational agencies with the 
     highest percentage or number--
       ``(A) of students from families with incomes below the 
     poverty line;
       ``(B) of students not achieving at the State proficiency 
     level;
       ``(C) of student populations identified under section 
     2406(b)(1)(C); or
       ``(D) of schools identified as in need of improvement under 
     section 1116.
       ``(10) A description of how the State educational agency 
     will ensure that each subgrant awarded under section 
     2406(a)(3)(B) is of sufficient size, scope, and duration to 
     be effective as required under section 2406(b), and that such 
     subgrants are appropriately targeted and equitably 
     distributed as required under section 2406(b) to carry out 
     the purposes of this part effectively.
       ``(11) A description of how the State educational agency 
     consulted with local educational agencies in the development 
     of the State application.

     ``SEC. 2408. STATE ACTIVITIES.

       ``(a) Mandatory and Permissive Activities.--
       ``(1) Mandatory activities.--From funds made available 
     under section 2406(a)(1), a State educational agency shall 
     carry out each of the following activities:

[[Page S4376]]

       ``(A) Identify the State challenging academic content 
     standards and challenging student academic achievement 
     standards that the State educational agency will use to 
     ensure that each student is technology literate by the end of 
     the 8th grade consistent with the definition of student 
     technology literacy.
       ``(B) Assess not less than once by the end of the 8th grade 
     student performance in gaining technology literacy consistent 
     with subparagraph (A), including through embedding such 
     assessment items in other State tests, performance-based 
     assessments, or portfolios, or through other means, except 
     that such assessments shall be used only to track student 
     technology literacy and shall not be used to determine 
     adequate yearly progress.
       ``(C) Publish the results of the State educational agency's 
     technology literacy assessment administered under 
     subparagraph (B) not less than 3 months after the assessment 
     is administered such that the results are made widely 
     available to local educational agencies, parents, and 
     citizens, including through presentation on the Internet, and 
     transmit such results to the Secretary.
       ``(D) Provide guidance, technical assistance, and other 
     assistance in the priority area identified by the State 
     pursuant to section 2407(b)(3) to local educational agencies 
     receiving subgrants of less than $10,000 under section 
     2406(a)(3)(A) with a priority given to those local 
     educational agencies with the highest need for assistance 
     described in section 2407(b)(9).
       ``(E) Provide technical assistance to local educational 
     agencies, with a priority given to those local educational 
     agencies identified by the State as having the highest need 
     for assistance under this subpart, including those local 
     educational agencies with the highest percentage or number of 
     (i) students from families with incomes below the poverty 
     line, (ii) students not achieving at the State proficiency 
     level, (iii) student populations described in section 
     2406(b)(1)(C), and (iv) schools identified as in need of 
     improvement under section 1116, in the following ways:
       ``(i) Submitting applications for funding under this part.
       ``(ii) Carrying out activities authorized under section 
     2410, including implementation of systemic school redesigns 
     as described in section 2409(b).
       ``(iii) Developing local educational technology plans and 
     integrating such plans with the local educational agency's 
     plans for improving student achievement under sections 1111 
     and 1112, and, if applicable, section 1116.
       ``(F) Provide guidance, technical assistance, and other 
     assistance to local educational agencies regarding the local 
     educational agency's plans to assess, and, as needed, update 
     the computers, software, servers, and other technologies 
     throughout the local educational agency in terms of the 
     functional capabilities, age, and other specifications of the 
     technology, including to ensure such technologies can 
     process, at scale, new applications and online services such 
     as video conferencing, video streaming, virtual simulations, 
     and distance learning.
       ``(2) Permissive activities.--From funds made available 
     under section 2406(a)(1), a State educational agency may 
     carry out 1 or more of the following activities:
       ``(A) State leadership activities and technical assistance 
     that assist local educational agencies that receive subgrants 
     under this subpart in achieving the purposes and goals of 
     this part.
       ``(B) Assist local educational agencies that receive 
     subgrants under this subpart in the development and 
     utilization of research-based or innovative strategies for 
     the delivery of specialized or rigorous academic courses and 
     curricula through the use of technology, including distance 
     learning technologies.
       ``(C) Assisting local educational agencies that receive 
     subgrants under this subpart in providing sustained and 
     intensive, high-quality professional development pursuant to 
     section 2410(b)(1)(A), including through assistance in a 
     review of relevant research.
       ``(b) Activities Relating to Research.--From funds made 
     available under section 2406(a)(2), a State educational 
     agency shall carry out 1 or more of the following activities:
       ``(1) Conduct scientifically based or other rigorous 
     research to evaluate the impact of 1 or more programs or 
     activities carried out under subsection (a) in meeting the 
     purposes and goals of this part.
       ``(2) Provide technical assistance to local educational 
     agencies in carrying out evaluation research activities as 
     required under section 2410(a)(1).
       ``(3) Create 1 or more evaluation research protocols, 
     designs, performance measurement systems, or other tools to 
     assist local educational agencies in carrying out evaluation 
     activities as required under section 2410(a)(1).
       ``(4) Collect and disseminate the findings of the 
     evaluation research activities carried out by local 
     educational agencies under paragraphs (1), (2), and (3).

     ``SEC. 2409. LOCAL APPLICATIONS.

       ``(a) In General.--Each local educational agency desiring a 
     subgrant from a State educational agency under this subpart 
     shall submit to the State educational agency an application 
     containing a new or updated local long-range strategic 
     educational technology plan, and such other information as 
     the State educational agency may reasonably require, at such 
     time and in such manner as the State educational agency may 
     require. The application shall contain each of the following:
       ``(1) A description of how the local educational agency 
     will align and coordinate the local educational agency's use 
     of funds under this subpart with--
       ``(A) the school district technology plan;
       ``(B) the school district plans and activities for 
     improving student achievement, including plans and activities 
     under sections 1111 and 1112, and sections 1116 and 2123, as 
     applicable; and
       ``(C) funds available from other Federal, State, and local 
     sources.
       ``(2) An assurance that financial assistance provided under 
     this subpart will supplement, and not supplant other funds 
     available to carry out activities assisted under this 
     section.
       ``(3) A description of the process used to assess and, as 
     needed, update the computers, software, servers, and other 
     technologies throughout the local educational agency in terms 
     of their functional capabilities, age, and other 
     specifications, in order to ensure technologies can process, 
     at scale, new applications and online services, such as video 
     conferencing, video streaming, virtual simulations, and 
     distance learning courses.
       ``(4) Such other information as the State educational 
     agency may reasonably require.
       ``(b) Competitive Grants; Systemic School Redesign Through 
     Technology Integration.--In addition to components included 
     in subsection (a), a local educational agency submitting an 
     application for a subgrant under section 2406(a)(3)(B) shall 
     submit to the State educational agency an application 
     containing each of the following:
       ``(1) A description of how the local educational agency 
     will use the subgrant funds to implement systemic school 
     redesign, which is a comprehensive set of programs, 
     practices, and technologies that--
       ``(A) collectively lead to school or school district change 
     and improvement, including in the use of technology and in 
     improved student achievement; and
       ``(B) incorporate all of the following elements:
       ``(i) Reform or redesign of curriculum, instruction, 
     assessment, use of data, or other standards-based school or 
     classroom practices through the use of technology in order to 
     increase student learning opportunity, student technology 
     literacy, student access to technology, and student 
     engagement in learning.
       ``(ii) Improvement of educator quality, knowledge and 
     skills through ongoing, sustainable, timely, and contextual 
     professional development described in section 2410(b)(1)(A).
       ``(iii) Development of student technology literacy and 
     other skills necessary for 21st century learning and success.
       ``(iv) Ongoing use of formative assessments and other 
     timely data sources and data systems to more effectively 
     identify individual student learning needs and guide 
     personalized instruction, learning, and appropriate 
     interventions that address individual student learning needs.
       ``(v) Engagement of school district leaders, school 
     leaders, and classroom educators.
       ``(vi) Programs, practices, and technologies that are 
     research-based or innovative, such that research-based 
     systemic redesigns are based on a review of the best 
     available research evidence, and innovative systemic 
     redesigns are based on development and use of new redesigns, 
     programs, practices, and technologies.
       ``(2) An assurance that the local educational agency will 
     use not less than 25 percent of the subgrant funds to 
     implement a program of professional development described in 
     section 2410(b)(1)(A).
       ``(3) A description of how the local educational agency 
     will evaluate the impact of 1 or more programs or activities 
     carried out under this subpart in meeting 1 or more of the 
     purposes or goals of this part.
       ``(c) Formula Grants; Improving Teaching and Learning 
     Through Technology.--In addition to components included in 
     subsection (a), a local educational agency that submits an 
     application for a subgrant under section 2406(a)(3)(A) shall 
     submit to the State educational agency an application 
     containing each of the following:
       ``(1) An assurance that the local educational agency will 
     use not less than 40 percent of the subgrant funds for--
       ``(A) professional development described in section 
     2410(b)(1)(A); and
       ``(B) technology tools, applications, and other resources 
     related specifically to such professional development 
     activities.
       ``(2) A description of how the local educational agency 
     will implement a program of professional development required 
     under paragraph (1)(A).
       ``(3) A description of how the local educational agency 
     will employ technology tools, applications, and other 
     resources in professional development and to improve student 
     learning and achievement in the area of priority identified 
     by the local educational agency pursuant to paragraph (4).
       ``(4) A description of the priority area upon which the 
     local educational agency will focus the subgrant funds 
     provided under this subpart, such that such priority area 
     shall be identified from among the core academic subjects, 
     grade levels, and student subgroup populations in which the 
     most number of students served by the local educational 
     agency are not proficient.
       ``(d) Combined Applications.--A local educational agency 
     that submits an application to the State educational agency 
     for subgrant

[[Page S4377]]

     funds awarded under section 2406(a)(3)(B) may, upon notice to 
     the State educational agency, submit a single application 
     that will also be considered by the State educational agency 
     as an application for subgrant funds awarded under section 
     2406(a)(3)(A), if the application addresses each application 
     requirement under subsections (a), (b), and (c).
       ``(e) Consortium Applications.--For any fiscal year, a 
     local educational agency applying for a subgrant described in 
     section 2406(a)(3) may apply as part of a consortium in which 
     more than 1 local educational agency jointly submits a 
     subgrant application under this subpart, except that no local 
     educational agency may receive more than 1 subgrant under 
     this subpart.

     ``SEC. 2410. LOCAL ACTIVITIES.

       ``(a) Competitive Grants; Systemic School Redesign Through 
     Technology Integration.--From subgrant funds made available 
     to a local educational agency under section 2406(a)(3)(B), 
     the local educational agency--
       ``(1) shall use not less than 5 percent of such subgrant 
     funds to evaluate the impact of 1 or more programs or 
     activities carried out under the subgrant in meeting 1 or 
     more of the purposes or goals of this part as approved by the 
     State educational agency as part of the local application 
     described in section 2409(b)(3); and
       ``(2) shall use the remaining funds to implement a plan for 
     systemic school redesign, which may take place in 1 or more 
     schools served by the local educational agency or across all 
     schools served by the local educational agency, in accordance 
     with section 2409(b)(1), including each of the following:
       ``(A) Using not less than 25 percent of subgrant funds to 
     improve teacher quality and skills through support for the 
     following:
       ``(i) Professional development activities, as described in 
     subsection (b)(1)(A).
       ``(ii) The acquisition and implementation of technology 
     tools, applications, and other resources to be employed in 
     the professional development activities described in clause 
     (i).
       ``(B) Acquiring and effectively implementing technology 
     tools, applications, and other resources in conjunction with 
     enhancing or redesigning the curriculum or instruction in 
     order to--
       ``(i) increase student learning opportunity or access, 
     student engagement in learning, or student attendance or 
     graduation rates;
       ``(ii) improve student achievement in 1 or more of the core 
     academic subjects; and
       ``(iii) improve student technology literacy.
       ``(C) Acquiring and effectively implementing technology 
     tools, applications, and other resources to--
       ``(i) conduct ongoing formative assessments and use other 
     timely data sources and data systems to more effectively 
     identify individual student learning needs and guide 
     personalized instruction, learning, and appropriate 
     interventions that address those individualized student 
     learning needs;
       ``(ii) support individualized student learning, including 
     through instructional software and digital content that 
     supports the learning needs of each student, or through 
     providing access to high-quality courses and instructors, 
     including mathematics, science, and foreign language courses, 
     often not available except through technology and online 
     learning, especially in rural and high-poverty schools; and
       ``(iii) conduct such other activities as appropriate 
     consistent with the goals and purposes of research-based and 
     innovative systemic school redesign, including activities 
     that increase parental involvement through improved 
     communication with teachers and access to student assignments 
     and grades.
       ``(b) Formula Grants; Improving Teaching and Learning 
     Through Technology.--From funds made available to a local 
     educational agency under section 2406(a)(3)(A), the local 
     educational agency shall carry out activities to improve 
     student learning, student technology literacy, and 
     achievement in the area of priority identified by the local 
     educational agency under section 2409(c)(4), including each 
     of the following:
       ``(1) The local educational agency shall use not less than 
     40 percent of subgrant funds for professional development 
     activities that are aligned with activities supported under 
     section 2123 to improve teacher quality and skills through 
     support for the following:
       ``(A) Training of teachers, paraprofessionals, library and 
     media personnel, and administrators, which--
       ``(i) shall include the development, acquisition, or 
     delivery of--

       ``(I) training that is ongoing, sustainable, timely, and 
     directly related to up-to-date teaching content areas;
       ``(II) training in strategies and pedagogy in the core 
     academic subjects that involve use of technology and 
     curriculum redesign as key components of changing teaching 
     and learning and improving student achievement;
       ``(III) training in the use of technology to ensure every 
     educator is technologically literate, including possessing 
     the knowledge and skills--

       ``(aa) to use technology across the curriculum;
       ``(bb) to use technology and curriculum redesign as key 
     components of innovating teaching and learning and improving 
     student achievement;
       ``(cc) to use technology for data analysis to enable 
     individualized instruction; and
       ``(dd) to use technology to improve student technology 
     literacy; and

       ``(IV) training that includes ongoing communication and 
     follow-up with instructors, facilitators, and peers; and

       ``(ii) may include--

       ``(I) the use of instructional technology specialists, 
     mentors, or coaches to work directly with teachers, including 
     through the preparation of 1 or more teachers as technology 
     leaders or master teachers who are provided with the means to 
     serve as experts and train other teachers in the effective 
     use of technology; and
       ``(II) the use of technology, such as distance learning and 
     online virtual educator-to-educator peer communities, as a 
     means for delivering professional development.

       ``(B) The acquisition and implementation of technology 
     tools, applications, and other resources to be employed in 
     the professional development activities described in 
     subparagraph (A).
       ``(2) The local educational agency shall use the funds that 
     remain after application of paragraph (1) to acquire or 
     implement technology tools, applications, and other resources 
     to improve student learning, student technology literacy, and 
     student achievement in the area of priority identified by the 
     local educational agency, including through 1 or more of the 
     following:
       ``(A) Conducting ongoing formative assessment and using 
     other timely data sources and data systems to more 
     effectively identify individual student learning needs and 
     guide personalized instruction, learning, and appropriate 
     interventions that address those individualized student 
     learning needs.
       ``(B) Supporting individualized student learning, including 
     through instructional software and digital content that 
     supports the learning needs of each student served by the 
     local educational agency under the subgrant, or through 
     providing access to high-quality courses and instructors, 
     including mathematics, science, and foreign language courses, 
     often not available except through technology such as online 
     learning, especially in rural and high-poverty schools.
       ``(C) Increasing parental involvement through improved 
     communication with teachers and access to student assignments 
     and grades.
       ``(D) Enhancing accountability, instruction, and data-
     driven decisionmaking through data systems that allow for 
     management, analysis, and disaggregating of student, teacher, 
     and school data.
       ``(E) Such other activities as are appropriate and 
     consistent with the goals and purposes of this part.
       ``(c) Multiple Grants.--A local educational agency that 
     receives a grant under subparagraph (A) and subparagraph (B) 
     of section 2406(a)(3) may use all such grant funds for 
     activities authorized under subsection (a).

                    ``Subpart 2--National Activities

     ``SEC. 2411. NATIONAL ACTIVITIES.

       ``From the amount made available to carry out national 
     activities under section 2404(b)(1) (other than the amounts 
     made available to carry out subparagraphs (A) and (B) of 
     section 2404(b)(1)), the Secretary, working through and in 
     coordination with the Director of the Office of Educational 
     Technology and collaborating, as appropriate, with the 
     National Center for Achievement Through Technology authorized 
     under section 2412, shall carry out the following activities:
       ``(1) National report.--The Secretary shall annually 
     conduct and publish a national report on student technology 
     literacy to determine the extent to which students have 
     gained student technology literacy by the end of the 8th 
     grade. In conducting the study, the Secretary shall--
       ``(A) consult first with experts and stakeholders, 
     including educators and education leaders, education 
     technology experts from education and industry, and the 
     business and higher education communities seeking secondary 
     school graduates with student technology literacy; and
       ``(B) employ a random stratified sample methodology of 
     student technology literacy performance using a cost-
     effective assessment that is a readily available, valid, and 
     reliable assessment instrument.
       ``(2) Student technology literacy.--The Secretary shall 
     publish each year the results of the State technology 
     literacy assessments carried out under section 2408(a)(1)(C).
       ``(3) National education technology plan.--Based on the 
     Nation's progress and an assessment by the Secretary of the 
     continuing and future needs of the Nation's schools in 
     effectively using technology to provide all students the 
     opportunity to meet challenging State academic content and 
     student academic achievement standards, the Secretary shall 
     update and publish, in a form readily accessible to the 
     public, a national long-range technology plan not less often 
     than once every 5 years, and shall implement such plan.
       ``(4) Other national activities.--From the funds remaining 
     after carrying out paragraphs (1), (2), and (3), the 
     Secretary shall carry out 1 or more of the following 
     activities:
       ``(A) Support efforts to increase student technology 
     literacy, including through outreach to education, business, 
     and elected leaders aimed at building understanding of the 
     knowledge and skills students need to succeed in the 21st 
     century through the use of technology for life-long learning, 
     citizenship, and workplace success.
       ``(B) Support the work of the National Center for 
     Achievement Through Technology in

[[Page S4378]]

     serving as a national resource for the improvement of 
     technology implementation in education through identification 
     and dissemination of promising practices and exemplary 
     programs that effectively use educational technologies.
       ``(C) Support efforts to increase the capacity of State and 
     local education officials to budget for technology 
     acquisition and implementation, including taking into account 
     the long-term costs of such acquisition and implementation, 
     how technology investments may increase effectiveness and 
     efficiencies that ultimately save other educational costs or 
     provide improved outcomes, and how spending for technology in 
     education shall be considered in a comprehensive cost-benefit 
     analysis and not simply as a supplemental expense.
       ``(D) Support staff at the Department and other Federal 
     agencies in their understanding of education technology, the 
     role of technology in Federal education programs, and how 
     Federal grantees can be supported in integrating education 
     technologies into the grantees' programs as appropriate.
       ``(E) Convene stakeholders in an effort to outline and 
     support a national research and development agenda aimed at 
     supporting public-private partnerships to leverage evolving 
     technologies to meet evolving educational needs.
       ``(F) Convene practitioners and leaders from local and 
     State education, business and industry, higher education, or 
     other stakeholder communities--
       ``(i) to carry out the activities under this paragraph, 
     including convening an annual forum on leadership and 
     classroom technology best practices;
       ``(ii) to otherwise address challenges and opportunities in 
     the use of technology to improve teaching, learning, teacher 
     quality, student achievement, student technology literacy, 
     and the efficiency and productivity of the education 
     enterprise; and
       ``(iii) to otherwise support school innovation and our 
     Nation's competitiveness.
       ``(G) Support efforts to ensure teachers and other 
     educators have the knowledge and skills to teach in the 21st 
     century through the use of technology, including by providing 
     assistance to and sharing information with State accrediting 
     agencies, colleges of teacher education, and other 
     educational institutions and government entities involved in 
     the preparation and certification of teachers, to ensure such 
     teachers possess the knowledge and skills prior to entering 
     the teaching force.
       ``(H) Support efforts to assist principals, 
     superintendents, and other senior school and school district 
     administrators in adapting to, and leading their schools 
     with, 21st century technology tools and 21st century 
     knowledge and skills, including the following:
       ``(i) Developing a blueprint for the job skills required 
     and the coursework and experience necessary to be prepared 
     for school leadership.
       ``(ii) Supporting the development of professional 
     development and training programs that help education leaders 
     obtain the knowledge and skills, including through 
     collaborative efforts with up-to-date programs and 
     institutions.
       ``(iii) Developing materials, resources, self-assessments, 
     and other tools to meet the activities described in clauses 
     (i) and (ii).
       ``(I) Undertake other activities that--
       ``(i) lead to the improvement of--

       ``(I) our Nation's educational system in using educational 
     technologies to improve teaching, learning, and student 
     achievement; and
       ``(II) student technology literacy and related 21st century 
     college preparedness and workforce competitiveness; and

       ``(ii) complement other such efforts undertaken by public 
     and private agencies and organizations.

     ``SEC. 2412. NATIONAL CENTER FOR ACHIEVEMENT THROUGH 
                   TECHNOLOGY.

       ``(a) Purpose.--The purpose of this section is to establish 
     a National Center for Achievement Through Technology that--
       ``(1) provides national leadership regarding improvement in 
     the use of technology in education, with a focus on 
     elementary and secondary education, including technology's 
     role in improving--
       ``(A) student achievement;
       ``(B) student technology literacy; and
       ``(C) teacher quality;
       ``(2) serves as a national resource for the improvement of 
     technology implementation in education through identification 
     and dissemination of promising practices and exemplary 
     programs that effectively use educational technologies to 
     improve teaching and learning, teacher quality, student 
     engagement and opportunity, student achievement and 
     technology literacy, and the efficiency and productivity of 
     the education enterprise, including serving as a national 
     resource for the related research and research on the 
     conditions and practices that support the effective use of 
     technology in education; and
       ``(3) provides an annual report to Congress that--
       ``(A) synthesizes the promising practices and exemplary 
     programs that effectively use educational technologies to 
     improve the teaching and learning described in paragraph (2); 
     and
       ``(B) includes the related research and research on the 
     conditions and practices that support the effective use of 
     technology in education described in paragraph (2).
       ``(b) Establishment.--
       ``(1) In general.--From amounts made available under 
     section 2404(b)(1)(B), the Director of the Office of 
     Educational Technology shall award a grant, on a competitive 
     basis, to an eligible entity to enable the eligible entity to 
     establish a National Center for Achievement Through 
     Technology (in this section referred to as the `Center').
       ``(2) Coordination with the institute.--The Director of the 
     Office of Educational Technology shall award the grant under 
     paragraph (1) in coordination with the Director of the 
     Institute of Education Sciences, but the Director of the 
     Office of Educational Technology shall administer the grant 
     program under this section.
       ``(3) Definition of eligible entity.--In this section the 
     term `eligible entity' means an entity that is--
       ``(A) a research organization or research institution with 
     education technology as one of the organization or 
     institution's primary areas of focus; or
       ``(B) a partnership that consists of a research 
     organization or research institution described in 
     subparagraph (A) and 1 or more education institutions or 
     agencies, nonprofit organizations, or research organizations 
     or institutions.
       ``(4) Duration.--The grant awarded under this section shall 
     be not less than 2 years in duration, and shall be renewable 
     at the discretion of the Director of the Office of 
     Educational Technology for not more than an additional 3 
     years.
       ``(5) Peer review.--In awarding the grant under this 
     section, the Director of the Office of Educational Technology 
     shall consider the recommendations of a peer review panel, 
     which shall be composed of representatives of the following 
     stakeholder communities:
       ``(A) Teachers and other educators who use technologies.
       ``(B) Local and State education leaders who administer 
     programs employing technologies.
       ``(C) Businesses that develop educational technologies.
       ``(D) Researchers who study educational technologies.
       ``(E) Related education, educational technology, and 
     business organizations.
       ``(c) National Center for Achievement Through Technology 
     Activities.--The Center shall carry out the following 
     activities:
       ``(1) Promising practices, exemplary programs and 
     research.--The Center shall identify and compile promising 
     practices, exemplary programs, quantitative and qualitative 
     research, and other information and evidence demonstrating--
       ``(A) the broad uses and positive impacts of technology in 
     elementary and secondary education; and
       ``(B) the factors and steps important to technology's 
     improvement and to the effective use of technology with 
     students so that specific technologies are considered in the 
     context of the comprehensive educational program or practice 
     in which the technologies are used--
       ``(i) across a curriculum to improve teaching, learning, 
     and student achievement, including in the core academic 
     subjects;
       ``(ii) to support the teaching and learning of student 
     technology literacy;
       ``(iii) for formative and summative assessment, including 
     to inform instruction and data-driven decisionmaking, to 
     individualize instruction, and for accountability purposes;
       ``(iv) to improve student learning and achievement, 
     including through--

       ``(I) improving student interest and engagement;
       ``(II) increasing student access to courses and instructors 
     through distance learning and expanded student learning time; 
     and
       ``(III) individualizing curriculum and instruction to meet 
     unique student learning needs, learning styles, and pace;

       ``(v) to improve teacher quality, including through 
     professional development and timely and ongoing training and 
     support; and
       ``(vi) to improve the efficiency and productivity of the 
     classroom and school enterprise, including through data 
     management and analysis, resource management, and 
     communications; and
       ``(C) the policies, budgeting, technology infrastructure, 
     conditions, practices, teacher training, school leadership, 
     and other implementation factors important to improving the 
     effectiveness of technology in elementary and secondary 
     education as outlined in subparagraph (B), including in--
       ``(i) the knowledge and skills teachers and other educators 
     need to teach in the 21st century through the use of 
     technology, including knowledge and skills necessary--

       ``(I) to use technology and curriculum redesign as key 
     components of changing teaching and learning;
       ``(II) to use technology for data analysis to enable 
     individualized instruction; and
       ``(III) to use technology to improve student technology 
     literacy;

       ``(ii) the knowledge and skills principals, 
     superintendents, and other senior school and school district 
     administrators need to effectively lead in 21st century 
     schools using technology, including the job skills required 
     and the coursework and experience necessary to be prepared 
     for school leadership; and
       ``(iii) the budgeting for technology acquisition and 
     implementation, including taking into account the long-term 
     costs of such acquisition and implementation, how technology 
     investments may increase effectiveness and efficiencies that 
     ultimately save

[[Page S4379]]

     other educational costs or provide improved outcomes, and how 
     spending for technology in education shall be considered in a 
     comprehensive cost-benefit analysis and not simply as a 
     supplemental expense.
       ``(2) Original research.--The Center may conduct, directly 
     or through grants, contracts, or cooperative agreements, 
     original research as necessary to fill important gaps in 
     research necessary to address the areas described in 
     paragraph (1) with a focus on the policies, budgeting, 
     technology infrastructure, conditions, practices, teacher 
     training, school leadership, and other implementation factors 
     important to improving the effectiveness of technology in 
     elementary and secondary education.
       ``(3) Outreach.--The Center shall consult with appropriate 
     stakeholders, including at least the stakeholders described 
     in subsection (b)(5), in determining priorities for the 
     activities described in paragraph (1), in gathering 
     information pursuant to paragraph (1), and in determining the 
     need for original research pursuant to paragraph (2). The 
     Center shall establish 1 or more informal advisory groups to 
     provide the consultation.
       ``(4) Dissemination.--The Center shall disseminate widely 
     the information identified and compiled pursuant to paragraph 
     (1) to teachers and other educators, local, regional, State, 
     and Federal education leaders, public and elected officials, 
     the network of federally funded educational resource centers 
     and labs, businesses that develop educational technologies, 
     colleges of teacher education and teacher accrediting 
     agencies, researchers who study educational technologies, 
     other interested stakeholders, and related educator, 
     education leader, and business organizations, including 
     through--
       ``(A) development and ongoing update of a database accessed 
     through the Internet;
       ``(B) development, distribution, and delivery of reports, 
     tools, best practices, conference presentations, and other 
     publications; and
       ``(C) partnerships with organizations representing 
     stakeholders, including educators, education leaders, and 
     technology providers.
       ``(d) Center Operations.--
       ``(1) Grants, contracts, and cooperative agreements.--As 
     appropriate, the Center shall award grants to, or enter into 
     contracts or cooperative agreements with, individuals, public 
     or private institutions, agencies, organizations, or 
     consortia of such institutions, agencies, or organizations to 
     carry out the activities of the Center, including awarding a 
     grant or entering into a contract or cooperative agreement to 
     disseminate the Center's findings pursuant to subsection 
     (c)(4).
       ``(2) Report.--The Center shall submit an annual report on 
     March 1 to the Committee on Health, Education, Labor, and 
     Pensions of the Senate and the Committee on Education and 
     Labor of the House of Representatives that provides a summary 
     synthesis of promising and exemplary practices and programs, 
     and related research, that effectively use educational 
     technologies to improve teaching and learning as described in 
     subsection (c)(1), including the conditions and practices 
     that support the effective use of technology in education, in 
     order to inform Federal education policymaking and 
     oversight.''.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Casey, and Mr. Menendez):
  S. 819. A bill to provide for enhanced treatment, support, services, 
and research for individuals with autism spectrum disorders and their 
families; to the Committee on Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 819

       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 ``Autism 
     Treatment Acceleration Act of 2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Parental rights rule of construction.
Sec. 4. Definitions; technical amendment to the Public Health Service 
              Act.
Sec. 5. Autism Care Centers Demonstration Project.
Sec. 6. Planning and demonstration grants for services for adults.
Sec. 7. National Registry.
Sec. 8. Multimedia campaign.
Sec. 9. Interdepartmental Autism Coordinating Committee.
Sec. 10. National Network for Autism Spectrum Disorders Research and 
              Services.
Sec. 11. National training initiatives on autism spectrum disorders.
Sec. 12. Amendments relating to health insurance.
Sec. 13. Authorization of appropriations.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Autism (sometimes called ``classical autism'') is the 
     most common condition in a group of developmental disorders 
     known as autism spectrum disorders.
       (2) Autism spectrum disorders include autism as well as 
     Asperger syndrome, Retts syndrome, childhood disintegrative 
     disorder, and pervasive developmental disorder not otherwise 
     specified (usually referred to as PDD-NOS), as well as other 
     related developmental disorders.
       (3) Individuals with autism spectrum disorders have the 
     same rights as other individuals to exert control and choice 
     over their own lives, to live independently, and to 
     participate fully in, and contribute to, their communities 
     and society through full integration and inclusion in the 
     economic, political, social, cultural, and educational 
     mainstream of society. Individuals with autism spectrum 
     disorders have the right to a life with dignity and purpose.
       (4) While there is no uniform prevalence or severity of 
     symptoms associated with autism spectrum disorders, the 
     National Institutes of Health has determined that autism 
     spectrum disorders are characterized by 3 distinctive 
     behaviors: impaired social interaction, problems with verbal 
     and nonverbal communication, and unusual, repetitive, or 
     severely limited activities and interests.
       (5) Both children and adults with autism spectrum disorders 
     can show difficulties in verbal and nonverbal communication, 
     social interactions, and sensory processing. Individuals with 
     autism spectrum disorders exhibit different symptoms or 
     behaviors, which may range from mild to significant, and 
     require varying degrees of support from friends, families, 
     service providers, and communities.
       (6) Individuals with autism spectrum disorders often need 
     assistance in the areas of comprehensive early intervention, 
     health, recreation, job training, employment, housing, 
     transportation, and early, primary, and secondary education. 
     With access to, and assistance with, these types of services 
     and supports, individuals with autism spectrum disorders can 
     live rich, full, and productive lives. Greater coordination 
     and streamlining within the service delivery system will 
     enable individuals with autism spectrum disorders and their 
     families to access assistance from all sectors throughout an 
     individual's lifespan.
       (7) A 2007 report from the Centers for Disease Control and 
     Prevention found that the prevalence of autism spectrum 
     disorders is estimated to be 1 in 150 people in the United 
     States.
       (8) The Harvard School of Public Health reported that the 
     cost of caring for and treating individuals with autism 
     spectrum disorders in the United States is more than 
     $35,000,000,000 annually (an estimated $3,200,000 over an 
     individual's lifetime).
       (9) Although the overall incidence of autism is consistent 
     around the globe, researchers with the Journal of Paediatrics 
     and Child Health have found that males are 4 times more 
     likely to develop an autism spectrum disorder than females. 
     Autism spectrum disorders know no racial, ethnic, or social 
     boundaries, nor differences in family income, lifestyle, or 
     educational levels, and can affect any child.
       (10) Individuals with autism spectrum disorders from low-
     income, rural, and minority communities often face 
     significant obstacles to accurate diagnosis and necessary 
     specialized services, supports, and education.
       (11) There is strong consensus within the research 
     community that intensive treatment as soon as possible 
     following diagnosis not only can reduce the cost of lifelong 
     care by two-thirds, but also yields the most positive life 
     outcomes for children with autism spectrum disorders.
       (12) Individuals with autism spectrum disorders and their 
     families experience a wide range of medical issues. Few 
     common standards exist for the diagnosis and management of 
     many aspects of clinical care. Behavioral difficulties may be 
     attributed to the overarching disorder rather than to the 
     pain and discomfort of a medical condition, which may go 
     undetected and untreated. The health care and other 
     treatments available in different communities can vary 
     widely. Many families, lacking access to comprehensive and 
     coordinated health care, must fend for themselves to find the 
     best health care, treatments, and services in a complex 
     clinical world.
       (13) Effective health care, treatment, and services for 
     individuals with autism spectrum disorders depends upon a 
     continuous exchange among researchers and caregivers. 
     Evidence-based and promising autism practices should move 
     quickly into communities, allowing individuals with autism 
     spectrum disorders and their families to benefit from the 
     newest research and enabling researchers to learn from the 
     life experiences of the people whom their work most directly 
     affects.
       (14) There is a critical shortage of appropriately trained 
     personnel across numerous important disciplines who can 
     assess, diagnose, treat, and support children and adults with 
     autism spectrum disorders and their families. Practicing 
     professionals, as well as those in training to become 
     professionals, need the most up-to-date practices informed by 
     the most current research findings.
       (15) The appropriate goals of the Nation regarding 
     individuals with autism spectrum disorder are the same as the 
     appropriate goals of the Nation regarding individuals with 
     disabilities in general, as established in the Americans with 
     Disabilities Act of 1990

[[Page S4380]]

     (42 U.S.C. 12101 et seq.): to assure equality of opportunity, 
     full participation, independent living, and economic self-
     sufficiency for such individuals.
       (16) Finally, individuals with autism spectrum disorders 
     are often denied health care benefits solely because of their 
     diagnosis, even though proven, effective treatments for 
     autism spectrum disorders do exist.

     SEC. 3. PARENTAL RIGHTS RULE OF CONSTRUCTION.

       Nothing in this Act shall be construed to modify the legal 
     rights of parents or legal guardians under Federal, State, or 
     local law regarding the care of their children.

     SEC. 4. DEFINITIONS; TECHNICAL AMENDMENT TO THE PUBLIC HEALTH 
                   SERVICE ACT.

       Part R of title III of the Public Health Service Act (42 
     U.S.C. 280i et seq.) is amended--
       (1) by inserting after the header for part R the following:

   ``Subpart 1--Surveillance and Research Program; Education, Early 
             Detection, and Intervention; and Reporting'';

       (2) in section 399AA(d), by striking ``part'' and inserting 
     ``subpart''; and
       (3) by adding at the end the following:

``Subpart 2--Care for People With Autism Spectrum Disorders, Registry, 
                          and Public Education

     ``SEC. 399GG. DEFINITIONS.

       ``Except as otherwise provided, in this subpart:
       ``(1) Autism spectrum disorder.--The term `autism spectrum 
     disorder' means a developmental disability that causes 
     substantial impairments in the areas of social interaction, 
     emotional regulation, communication, and the integration of 
     higher-order cognitive processes and which may be 
     characterized by the presence of unusual behaviors and 
     interests. Such term includes autistic disorder, pervasive 
     developmental disorder (not otherwise specified), Asperger 
     syndrome, Retts disorder, childhood disintegrative disorder, 
     and other related developmental disorders.
       ``(2) Adult with autism spectrum disorder.--The term `adult 
     with autism spectrum disorder' means an individual with an 
     autism spectrum disorder who has attained 22 years of age.
       ``(3) Affected individual.--The term `affected individual' 
     means an individual with an autism spectrum disorder.
       ``(4) Autism.--The term `autism' means an autism spectrum 
     disorder or a related developmental disability.
       ``(5) Autism management team.--The term `autism management 
     team' means a group of autism care providers, including 
     behavioral specialists, physicians, psychologists, social 
     workers, family therapists, nurse practitioners, nurses, 
     educators, other appropriate personnel, and family members 
     who work in a coordinated manner to treat individuals with 
     autism spectrum disorders and their families. Such team shall 
     determine the specific structure and operational model of its 
     specific autism care center, taking into consideration 
     cultural, regional, and geographical factors.
       ``(6) Care management model.--The term `care management 
     model' means a model of care that with respect to autism--
       ``(A) is centered on the relationship between an individual 
     with an autism spectrum disorder and his or her family and 
     their personal autism care coordinator;
       ``(B) provides services to individuals with autism spectrum 
     disorders to improve the management and coordination of care 
     provided to patients and their families; and
       ``(C) has established, where practicable, effective 
     referral relationships between the autism care coordinator 
     and the major medical, educational, and behavioral 
     specialties and ancillary services in the region.
       ``(7) Child with autism spectrum disorder.--The term `child 
     with autism spectrum disorder' means an individual with an 
     autism spectrum disorder who has not attained 22 years of 
     age.
       ``(8) Interventions.--The term `interventions' means the 
     educational methods and positive behavioral support 
     strategies designed to improve or ameliorate symptoms 
     associated with autism spectrum disorders.
       ``(9) Network.--The term `Network' means the Network for 
     Autism Spectrum Disorders Research and Services described in 
     section 10 of the Autism Treatment Acceleration Act of 2009.
       ``(10) Personal primary care coordinator.--The term 
     `personal primary care coordinator' means a physician, nurse, 
     nurse practitioner, psychologist, social worker, family 
     therapist, educator, or other appropriate personnel (as 
     determined by the Secretary) who has extensive expertise in 
     treatment and services for individuals with autism spectrum 
     disorders, who--
       ``(A) practices in an autism care center; and
       ``(B) has been trained to coordinate and manage 
     comprehensive autism care for the whole person.
       ``(11) Project.--The term `project' means the autism care 
     center demonstration project established under section 399HH.
       ``(12) Services.--The term `services' means services to 
     assist individuals with autism spectrum disorders to live 
     more independently in their communities and to improve their 
     quality of life.
       ``(13) Treatments.--The term `treatments' means the health 
     services, including mental health and behavioral therapy 
     services, designed to improve or ameliorate symptoms 
     associated with autism spectrum disorders.
       ``(14) Autism care center.--In this subpart, the term 
     `autism care center' means a center that is directed by a 
     primary care coordinator who is an expert in autism spectrum 
     disorder treatment and practice and provides an array of 
     medical, psychological, behavioral, educational, and family 
     services to individuals with autism and their families. Such 
     a center shall--
       ``(A) incorporate the attributes of the care management 
     model;
       ``(B) offer, through on-site service provision or through 
     detailed referral and coordinated care arrangements, an 
     autism management team of appropriate providers, including 
     behavioral specialists, physicians, psychologists, social 
     workers, family therapists, nurse practitioners, nurses, 
     educators, and other appropriate personnel; and
       ``(C) have the capability to achieve improvements in the 
     management and coordination of care for targeted 
     beneficiaries.''.

     SEC. 5. AUTISM CARE CENTERS DEMONSTRATION PROJECT.

       Part R of title III of the Public Health Service Act (42 
     U.S.C. 280i), as amended by section 4, is further amended by 
     adding at the end the following:

     ``SEC. 399HH. AUTISM CARE CENTER DEMONSTRATION PROJECT.

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of the Autism Treatment Acceleration Act of 2009, 
     the Secretary, acting through the Administrator of the Health 
     Resources and Services Administration, shall establish a 
     demonstration project for the implementation of an Autism 
     Care Center Program (referred to in this section as the 
     `Program') to provide grants and other assistance to improve 
     the effectiveness and efficiency in providing comprehensive 
     care to individuals diagnosed with autism spectrum disorders 
     and their families.
       ``(b) Goals.--The Program shall be designed--
       ``(1) to increase--
       ``(A) comprehensive autism spectrum disorder care delivery;
       ``(B) access to appropriate health care services, 
     especially wellness and prevention care, at times convenient 
     for patients;
       ``(C) patient satisfaction;
       ``(D) communication among autism spectrum disorder health 
     care providers, behaviorists, educators, specialists, 
     hospitals, and other autism spectrum disorder care providers;
       ``(E) school placement and attendance;
       ``(F) successful transition to postsecondary education, 
     vocational or job training and placement, and comprehensive 
     adult services for individuals with autism spectrum 
     disorders, focusing in particular upon the transitional 
     period for individuals between the ages of 18 and 25;
       ``(G) the quality of health care services, taking into 
     account nationally-developed standards and measures;
       ``(H) development, review, and promulgation of common 
     clinical standards and guidelines for medical care to 
     individuals with autism spectrum disorders;
       ``(I) development of clinical research projects to support 
     clinical findings in a search for recommended practices; and
       ``(J) the quality of life of individuals with autism 
     spectrum disorders, including communication abilities, social 
     skills, community integration, and employment and other 
     related services; and
       ``(2) to decrease--
       ``(A) inappropriate emergency room utilization, which can 
     be accomplished through initiatives such as expanded hours of 
     care;
       ``(B) avoidable hospitalizations;
       ``(C) the duplication of health care services;
       ``(D) the inconvenience of multiple provider locations;
       ``(E) health disparities and inequalities that individuals 
     with autism spectrum disorders face; and
       ``(F) preventable and inappropriate involvement with the 
     juvenile and criminal justice systems.
       ``(c) Eligible Entities.--To be eligible to receive 
     assistance under the Program, an entity shall--
       ``(1) be a State or a public or private nonprofit entity;
       ``(2) agree to establish and implement an autism care 
     center that--
       ``(A) enables targeted beneficiaries to designate a 
     personal primary care coordinator in such center to be their 
     source of first contact and to recommend comprehensive and 
     coordinated care for the whole of the individual;
       ``(B) provides for the establishment of a coordination of 
     care committee that is composed of clinicians and 
     practitioners trained in and working in autism spectrum 
     disorder intervention;
       ``(C) establishes a network of physicians, psychologists, 
     family therapists, behavioral specialists, social workers, 
     educators, and health centers that have volunteered to 
     participate as consultants to patient-centered autism care 
     centers to provide high-quality care, focusing on autism 
     spectrum disorder care, at the appropriate times and places 
     and in a cost-effective manner;
       ``(D) works in cooperation with hospitals, local public 
     health departments, and the network of patient-centered 
     autism care centers, to coordinate and provide health care;
       ``(E) utilizes health information technology to facilitate 
     the provision and coordination of health care by network 
     participants; and

[[Page S4381]]

       ``(F) collaborates with other entities to further the goals 
     of the program, particularly by collaborating with entities 
     that provide transitional adult services to individuals 
     between the ages of 18 and 25 with autism spectrum disorder, 
     to ensure successful transition of such individuals to 
     adulthood; and
       ``(3) submit to the Secretary an application, at such time, 
     in such manner, and containing such information as the 
     Secretary may require, including--
       ``(A) a description of the treatments, interventions, or 
     services that the eligible entity proposes to provide under 
     the Program;
       ``(B) a demonstration of the capacity of the eligible 
     entity to provide or establish such treatments, 
     interventions, and services within such entity;
       ``(C) a demonstration of the capacity of the eligible 
     entity to monitor and evaluate the outcomes of the 
     treatments, interventions, and services described in 
     subparagraph (A);
       ``(D) estimates of the number of individuals and families 
     who will be served by the eligible entity under the Program, 
     including an estimate of the number of such individuals and 
     families in medically underserved areas;
       ``(E) a description of the ability of the eligible entity 
     to enter into partnerships with community-based or nonprofit 
     providers of treatments, interventions, and services, which 
     may include providers that act as advocates for individuals 
     with autism spectrum disorders and local governments that 
     provide services for individuals with autism spectrum 
     disorders at the community level;
       ``(F) a description of the ways in which access to such 
     treatments and services may be sustained following the 
     Program period;
       ``(G) a description of the ways in which the eligible 
     entity plans to collaborate with other entities to develop 
     and sustain an effective protocol for successful transition 
     from children's services to adult services for individuals 
     with autism spectrum disorder, particularly for individuals 
     between the ages of 18 and 25; and
       ``(H) a description of the compliance of the eligible 
     entity with the integration requirement provided under 
     section 302 of the Americans with Disabilities Act of 1990 
     (42 U.S.C. 12182).
       ``(d) Grants.--The Secretary shall award 3-year grants to 
     eligible entities whose applications are approved under 
     subsection (c). Such grants shall be used to--
       ``(1) carry out a program designed to meet the goals 
     described in subsection (b) and the requirements described in 
     subsection (c); and
       ``(2) facilitate coordination with local communities to be 
     better prepared and positioned to understand and meet the 
     needs of the communities served by autism care centers.
       ``(e) Advisory Councils.--
       ``(1) In general.--Each recipient of a grant under this 
     section shall establish an autism care center advisory 
     council, which shall advise the autism care center regarding 
     policies, priorities, and services.
       ``(2) Membership.--Each recipient of a grant shall appoint 
     members of the recipient's advisory council, which shall 
     include a variety of autism care center service providers, 
     individuals from the public who are knowledgeable about 
     autism spectrum disorders, individuals receiving services 
     through the Program, and family members of such individuals. 
     At least 60 percent of the membership shall be comprised of 
     individuals who have received, or are receiving, services 
     through the Program or who are family members of such 
     individuals.
       ``(3) Chairperson.--The recipient of a grant shall appoint 
     a chairperson to the advisory council of the recipient's 
     autism care center who shall be--
       ``(A) an individual with autism spectrum disorder who has 
     received, or is receiving, services through the Program; or
       ``(B) a family member of such an individual.
       ``(f) Evaluation.--The Secretary shall enter into a 
     contract with an independent third-party organization with 
     expertise in evaluation activities to conduct an evaluation 
     and, not later than 180 days after the conclusion of the 3-
     year grant program under this section, submit a report to the 
     Secretary, which may include measures such as whether and to 
     what degree the treatments, interventions, and services 
     provided through the Program have resulted in improved 
     health, educational, employment, and community integration 
     outcomes for individuals with autism spectrum disorders, or 
     other measures, as the Secretary determines appropriate.
       ``(g) Administrative Expenses.--Of the amounts appropriated 
     to carry out this section, the Secretary shall allocate not 
     more than 7 percent for administrative expenses, including 
     the expenses related to carrying out the evaluation described 
     in subsection (f).
       ``(h) Supplement Not Supplant.--Amounts provided to an 
     entity under this section shall be used to supplement, not 
     supplant, amounts otherwise expended for existing treatments, 
     interventions, and services for individuals with autism 
     spectrum disorders.''.

     SEC. 6. PLANNING AND DEMONSTRATION GRANTS FOR SERVICES FOR 
                   ADULTS.

       Part R of title III of the Public Health Service Act (42 
     U.S.C. 280i), as amended by section 5, is further amended by 
     adding at the end the following:

     ``SEC. 399II. PLANNING AND DEMONSTRATION GRANT FOR SERVICES 
                   FOR ADULTS.

       ``(a) In General.--In order to enable selected eligible 
     entities to provide appropriate services to adults with 
     autism spectrum disorders, to enable such adults to be as 
     independent as possible, the Secretary shall establish--
       ``(1) a one-time, single-year planning grant program for 
     eligible entities; and
       ``(2) a multiyear service provision demonstration grant 
     program for selected eligible entities.
       ``(b) Purpose of Grants.--Grants shall be awarded to 
     eligible entities to provide all or part of the funding 
     needed to carry out programs that focus on critical aspects 
     of adult life, such as--
       ``(1) postsecondary education, vocational training, self-
     advocacy skills, and employment;
       ``(2) residential services and supports, housing, and 
     transportation;
       ``(3) nutrition, health and wellness, recreational and 
     social activities; and
       ``(4) personal safety and the needs of individuals with 
     autism spectrum disorders who become involved with the 
     criminal justice system.
       ``(c) Eligible Entity.--An eligible entity desiring to 
     receive a grant under this section shall be a State or other 
     public or private nonprofit organization, including an autism 
     care center.
       ``(d) Planning Grants.--
       ``(1) In general.--The Secretary shall award one-time 
     grants to eligible entities to support the planning and 
     development of initiatives that will expand and enhance 
     service delivery systems for adults with autism spectrum 
     disorders.
       ``(2) Application.--In order to receive such a grant, an 
     eligible entity shall--
       ``(A) submit an application at such time and containing 
     such information as the Secretary may require; and
       ``(B) demonstrate the ability to carry out such planning 
     grant in coordination with the State Developmental 
     Disabilities Council and organizations representing or 
     serving individuals with autism spectrum disorders and their 
     families.
       ``(e) Implementation Grants.--
       ``(1) In general.--The Secretary shall award grants to 
     eligible entities that have received a planning grant under 
     subsection (d) to enable such entities to provide appropriate 
     services to adults with autism spectrum disorders.
       ``(2) Application.--In order to receive a grant under 
     paragraph (1), the eligible entity shall submit an 
     application at such time and containing such information as 
     the Secretary may require, including--
       ``(A) the services that the eligible entity proposes to 
     provide and the expected outcomes for adults with autism 
     spectrum disorders who receive such services;
       ``(B) the number of adults and families who will be served 
     by such grant, including an estimate of the adults and 
     families in underserved areas who will be served by such 
     grant;
       ``(C) the ways in which services will be coordinated among 
     both public and nonprofit providers of services for adults 
     with disabilities, including community-based services;
       ``(D) where applicable, the process through which the 
     eligible entity will distribute funds to a range of 
     community-based or nonprofit providers of services, including 
     local governments, and such entity's capacity to provide such 
     services;
       ``(E) the process through which the eligible entity will 
     monitor and evaluate the outcome of activities funded through 
     the grant, including the effect of the activities upon adults 
     with autism spectrum disorders who receive such services;
       ``(F) the plans of the eligible entity to coordinate and 
     streamline transitions from youth to adult services;
       ``(G) the process by which the eligible entity will ensure 
     compliance with the integration requirement provided under 
     section 302 of the Americans With Disabilities Act of 1990 
     (42 U.S.C. 12182); and
       ``(H) a description of how such services may be sustained 
     following the grant period.
       ``(f) Evaluation.--The Secretary shall contract with a 
     third-party organization with expertise in evaluation to 
     evaluate such demonstration grant program and, not later than 
     180 days after the conclusion of the grant program under 
     subsection (e), submit a report to the Secretary. The 
     evaluation and report may include an analysis of whether and 
     to what extent the services provided through the grant 
     program described in this section resulted in improved 
     health, education, employment, and community integration 
     outcomes for adults with autism spectrum disorders, or other 
     measures, as the Secretary determines appropriate.
       ``(g) Administrative Expenses.--Of the amounts appropriated 
     to carry out this section, the Secretary shall set aside not 
     more than 7 percent for administrative expenses, including 
     the expenses related to carrying out the evaluation described 
     in subsection (f).
       ``(h) Supplement, Not Supplant.--Demonstration grant funds 
     provided under this section shall supplement, not supplant, 
     existing treatments, interventions, and services for 
     individuals with autism spectrum disorders.''.

     SEC. 7. NATIONAL REGISTRY.

       Part R of title III of the Public Health Service Act (42 
     U.S.C. 280i), as amended by

[[Page S4382]]

     section 6, is further amended by adding at the end the 
     following:

     ``SEC. 399JJ. NATIONAL REGISTRY FOR AUTISM SPECTRUM 
                   DISORDERS.

       ``(a) Establishment.--The Secretary, in consultation with 
     national health organizations and professional societies with 
     experience and expertise relating to autism spectrum 
     disorders, shall establish a voluntary population-based 
     registry of cases of autism spectrum disorders. Such registry 
     shall be known as the `National Registry for Autism Spectrum 
     Disorders' (referred to in this section as the `Registry'). 
     The Secretary shall ensure that the Registry maintains the 
     privacy of individuals and the highest level of medical and 
     scientific research ethics.
       ``(b) Purpose.--The purpose of the Registry is to 
     facilitate the collection, analysis, and dissemination of 
     data related to autism spectrum disorders that can increase 
     understanding of causal factors, rates, and trends of autism 
     spectrum disorders.
       ``(c) Activities.--In carrying out the Registry, the 
     Secretary may--
       ``(1) implement a surveillance and monitoring system that 
     is based on thorough and complete medical diagnosis data, 
     clinical history, and medical findings;
       ``(2) collect standardized information concerning the 
     environmental, medical, social, and genetic circumstances 
     that may correlate with diagnosis of autism spectrum 
     disorders;
       ``(3) promote the use of standardized autism spectrum 
     disorder investigation and reporting tools of the Centers for 
     Disease Control and Prevention, as well as standardized 
     autism spectrum disorder protocols;
       ``(4) establish a standardized classification system for 
     defining subcategories of autism spectrum disorders for 
     surveillance research activities; and
       ``(5) support multidisciplinary reviews of autism spectrum 
     disorders.''.

     SEC. 8. MULTIMEDIA CAMPAIGN.

       Part R of title III of the Public Health Service Act (42 
     U.S.C. 280i), as amended by section 7, is further amended by 
     adding at the end the following:

     ``SEC. 399KK. MULTIMEDIA CAMPAIGN.

       ``(a) In General.--The Secretary, in order to enhance 
     existing awareness campaigns and provide for the 
     implementation of new campaigns, shall award grants to public 
     and nonprofit private entities for the purpose of carrying 
     out multimedia campaigns to increase public education and 
     awareness and reduce stigma concerning--
       ``(1) healthy developmental milestones for infants and 
     children that may assist in the early identification of the 
     signs and symptoms of autism spectrum disorders; and
       ``(2) autism spectrum disorders through the lifespan and 
     the challenges that individuals with autism spectrum 
     disorders face, which may include transitioning into 
     adulthood, securing appropriate job training or postsecondary 
     education, securing and holding jobs, finding suitable 
     housing, interacting with the correctional system, increasing 
     independence, and attaining a good quality of life.
       ``(b) Eligibility.--To be eligible to receive a grant under 
     subsection (a), an entity shall--
       ``(1) submit to the Secretary an application at such time, 
     in such manner, and containing such information as the 
     Secretary may require; and
       ``(2) provide assurance that the multimedia campaign 
     implemented under such grant will provide information that is 
     tailored to the intended audience, which may be a diverse 
     public audience or a specific audience, such as health 
     professionals, criminal justice professionals, or emergency 
     response professionals.''.

     SEC. 9. INTERDEPARTMENTAL AUTISM COORDINATING COMMITTEE.

       (a) Establishment.--There is established a committee, to be 
     known as the ``Interdepartmental Autism Coordinating 
     Committee,'' (referred to in this section as the 
     ``Committee'') to coordinate all Federal efforts concerning 
     autism spectrum disorders.
       (b) Responsibilities.--In carrying out its duties under 
     this section, the Committee shall--
       (1) develop and annually update a summary of developments 
     in research on autism spectrum disorders, services for people 
     on the autism spectrum and their families, and programs that 
     focus on people on the autism spectrum;
       (2) monitor governmental and nongovernmental activities 
     with respect to autism spectrum disorders;
       (3) make recommendations to the Secretary of Health and 
     Human Services and other relevant heads of agencies (referred 
     to in this subsection as the ``agency heads'') regarding any 
     appropriate changes to such activities and any ethical 
     considerations relating to those activities;
       (4) make recommendations to the agency heads regarding 
     public participation in decisions relating to autism spectrum 
     disorders;
       (5) develop and annually update a strategic plan, including 
     proposed budgetary requirements, for conducting and 
     supporting research related to autism spectrum disorders, 
     services for individuals on the autism spectrum and their 
     families, and programs that focus on such individuals and 
     their families; and
       (6) annually submit to Congress and the President such 
     strategic plan and any updates to such plan.
       (c) Membership.--
       (1) Federal members.--The Committee shall be composed of--
       (A) the Director of the National Institutes of Health, and 
     the directors of such national research institutes of the 
     National Institutes of Health as the Director determines 
     appropriate;
       (B) the heads of other agencies within the Department of 
     Health and Human Services, as the Secretary determines 
     appropriate; and
       (C) representatives of the Department of Education, the 
     Department of Defense, and other Federal agencies that 
     provide services to individuals with autism spectrum 
     disorders and their families or that have programs that 
     affect individuals with autism spectrum disorders, as the 
     Secretary determines appropriate.
       (2) Non-federal members.--Not less than 2/5 of the total 
     membership of the Committee shall be composed of public 
     members to be appointed by the Secretary, of which--
       (A) at least one such member shall be an individual with an 
     autism spectrum disorder;
       (B) at least one such member shall be a parent or legal 
     guardian of an individual with an autism spectrum disorder;
       (C) at least one such member shall be a representative of a 
     nongovernmental organization that provides services to 
     individuals with autism spectrum disorders or their families; 
     and
       (D) at least one such member shall be a representative of a 
     leading research, advocacy, and service organization for 
     individuals with autism spectrum disorders and their 
     families.
       (d) Administrative Support; Terms of Service; Other 
     Provisions.--The following provisions shall apply with 
     respect to the Committee:
       (1) The Committee shall receive necessary and appropriate 
     administrative support from the Secretary.
       (2) Members of the Committee appointed under subsection 
     (c)(2) shall serve for a term of 4 years and may be 
     reappointed for one or more additional 4-year terms. The term 
     of any member appointed under subsection (c)(2)(C) or 
     subsection (c)(2)(D) shall expire if the member no longer 
     represents the organization described in such subsections. 
     Any member appointed to fill a vacancy for an unexpired term 
     shall be appointed for the remainder of such term. A member 
     may serve after the expiration of the member's term until a 
     successor has taken office.
       (3) The Committee shall be chaired by the Secretary or the 
     Secretary's designee. The Committee shall meet at the call of 
     the chairperson and not fewer than 2 times each year.
       (4) All meetings of the Committee or its subcommittees 
     shall be public and shall include appropriate time periods 
     for questions and presentations by the public.
       (5) The Committee may convene workshops and conferences.
       (e) Subcommittees: Establishment and Membership.--
       (1) Establishment of subcommittees.--In carrying out its 
     functions, the Committee may establish--
       (A) a subcommittee on research on autism spectrum 
     disorders;
       (B) a subcommittee on services for individuals with autism 
     spectrum disorders and their families and programs that focus 
     on individuals with autism spectrum disorders; and
       (C) such other subcommittees as the Committee determines 
     appropriate.
       (2) Membership.--Subcommittees may include as members 
     individuals who are not members of the Committee.
       (3) Meetings.--Subcommittees may hold such meetings as are 
     necessary.
       (f) Interagency Autism Coordinating Committee.--Part R of 
     title III of the Public Health Service Act (42 U.S.C. 280i) 
     is amended by striking section 399CC (42 U.S.C. 284i-2).

     SEC. 10. NATIONAL NETWORK FOR AUTISM SPECTRUM DISORDERS 
                   RESEARCH AND SERVICES.

       (a) Definitions.--In this section:
       (1) Services.--The term ``services'' means services to 
     assist individuals with autism spectrum disorders to live 
     more independently in their communities and improve the 
     quality of life of such individuals.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (3) Treatments.--The term ``treatments'' means the health 
     services, including mental health and behavioral therapy 
     services, designed to improve or ameliorate symptoms 
     associated with autism spectrum disorders.
       (4) Autism care center.--In this subpart, the term ``autism 
     care center'' means a center that is directed by a primary 
     care coordinator who is an expert in autism spectrum disorder 
     treatment and practice and provides an array of medical, 
     psychological, behavioral, educational, and family services 
     to individuals with autism and their families. Such a center 
     shall--
       (A) incorporate the attributes of the care management 
     model;
       (B) offer, through on-site service provision or through 
     detailed referral and coordinated care arrangements, an 
     autism management team of appropriate providers, including 
     behavioral specialists, physicians, psychologists, social 
     workers, family therapists, nurse practitioners, nurses, 
     educators, and other appropriate personnel; and
       (C) have the capability to achieve improvements in the 
     management and coordination of care for targeted 
     beneficiaries.
       (b) Establishment of the National Network for Autism 
     Spectrum Disorders Research and Services.--Not later than 1 
     year

[[Page S4383]]

     after the date of enactment of this Act, the Secretary shall 
     establish the National Network for Autism Spectrum Disorders 
     Research and Services (referred to in this section as the 
     ``National Network''). The National Network shall provide 
     resources for, and facilitate communication between, autism 
     spectrum disorder researchers and service providers for 
     individuals with autism spectrum disorders and their 
     families.
       (c) Purposes.--The purposes of the National Network are 
     to--
       (1) build upon the infrastructure relating to autism 
     spectrum disorders that exists on the date of enactment of 
     this Act;
       (2) strengthen linkages between autism spectrum disorders 
     research and service initiatives at the Federal, regional, 
     State, and local levels;
       (3) facilitate the translation of research on autism 
     spectrum disorders into services and treatments to improve 
     the quality of life for individuals with autism and their 
     families; and
       (4) ensure the rapid dissemination of evidence-based or 
     promising autism spectrum disorder practices through the 
     National Data Repository for Autism Spectrum Disorders 
     Research and Services described in subsection (e).
       (d) Organization and Activities of the National Network.--
       (1) In general.--In establishing the National Network, the 
     Secretary, acting through Administrator of the Health 
     Resources and Services Administration, shall ensure that the 
     National Network is composed of entities at the Federal, 
     regional, State, and local levels.
       (2) Regional leadership and organization.--In establishing 
     the National Network, the Secretary shall establish a 
     Committee of Regional Leaders, which shall ensure that 
     regional participation is provided through the appointment of 
     regional leaders such as university- and community-based 
     partnerships that represent the needs and interests of 
     regional stakeholders (including individuals with autism 
     spectrum disorders and their families, providers, and 
     researchers). The Committee of Regional Leaders shall be 
     responsible for monitoring, reporting, analyzing, and 
     disseminating information in the Data Repository described in 
     subsection (e) to other stakeholders to ensure that the 
     information contained in such Data Repository is widely 
     available to policymakers and service providers at the State 
     and local levels, and to facilitate communication between 
     various members of the National Network.
       (3) State and community level leadership and 
     organization.--
       (A) State directors.--The regional leaders appointed under 
     paragraph (2) shall appoint State directors who shall 
     coordinate the activities of the National Network at the 
     State and community levels.
       (B) State and community subnetworks.--The Secretary shall 
     ensure that the State directors establish State and community 
     autism subnetworks, which shall engage in a variety of 
     frontline autism activities and provide services, including 
     comprehensive diagnostics, treatment, resource and referral, 
     and support programs, for individuals with autism spectrum 
     disorders.
       (e) National Data Repository for Autism Spectrum Disorders 
     Research and Services.--
       (1) In general.--The Secretary shall establish a National 
     Data Repository for Autism Spectrum Disorders Research and 
     Services (referred to in this section as the ``Data 
     Repository'') and shall contract with one eligible third-
     party entity to develop and administer such repository 
     (referred to in this section as the ``Data Repository 
     Administrator''). The Data Repository shall be used to 
     collect, store, and disseminate information regarding 
     research, data, findings, models of treatment, training 
     modules, and technical assistance materials related to autism 
     spectrum disorders in order to facilitate the development and 
     rapid dissemination of research into best practices that 
     improve care.
       (2) Eligibility.--To be eligible to receive the contract 
     described in paragraph (1), an entity shall--
       (A) be a public or private nonprofit entity; and
       (B) have experience--
       (i) collecting data;
       (ii) developing systems to store data in a secure manner 
     that does not personally identify individuals;
       (iii) developing internet web portals and other means of 
     communicating with a wide audience; and
       (iv) making information available to the public.
       (3) Contents.--The Data Repository shall include--
       (A) emerging research, data, and findings regarding autism 
     spectrum disorders from basic and applied researchers and 
     service providers;
       (B) emerging or promising models of treatment, service 
     provision, and training related to autism spectrum disorders 
     that are developed in individual care centers or programs; 
     and
       (C) training modules and technical assistance materials.
       (4) Duties of the administrator.--The Data Repository 
     Administrator shall--
       (A) collect information from autism spectrum disorders 
     research and service provision agencies and organizations 
     including--
       (i) Centers of Excellence in Autism Spectrum Disorder 
     Epidemiology under section 399AA(b) of the Public Health 
     Service Act (42 U.S.C. 280i(b));
       (ii) autism care centers;
       (iii) recipients of grants through the grant program for 
     adult services under section 399II of the Public Health 
     Service Act, as added by section 6 of this Act;
       (iv) members and recipients of the national training 
     initiatives on autism spectrum disorders under section 399LL 
     of the Public Health Service Act, as added by section 11 of 
     this Act; and
       (v) the Committee of Regional Leaders, regional leaders, 
     State directors, members of State and community autism 
     subnetworks, and other entities, as determined by the 
     Secretary;
       (B) securely store and maintain information in the Data 
     Repository in a manner that does not personally identify 
     individuals;
       (C) make information in the Data Repository accessible 
     through an Internet web portal or other appropriate means of 
     sharing information;
       (D) ensure that the information contained in the Data 
     Repository is accessible to the National Network, including 
     health care providers, educators, and other autism spectrum 
     disorders service providers at the national, State, and local 
     levels; and
       (E) provide a means through the Internet web portal, or 
     through other means, for members of the National Network to 
     share information, research, and best practices on autism 
     spectrum disorders.
       (f) Supplement Not Supplant.--Amounts provided under this 
     section shall be used to supplement, not supplant, amounts 
     otherwise expended for existing network or organizational 
     structures relating to autism spectrum disorders.

     SEC. 11. NATIONAL TRAINING INITIATIVES ON AUTISM SPECTRUM 
                   DISORDERS.

       Part R of title III of the Public Health Service Act (42 
     U.S.C. 280i), as amended by section 8, is further amended by 
     adding at the end the following:

     ``SEC. 399LL. NATIONAL TRAINING INITIATIVES ON AUTISM 
                   SPECTRUM DISORDERS.

       ``(a) National Training Initiative Supplemental Grants.--
       ``(1) In general.--The Secretary shall award multiyear 
     national training initiative supplemental grants to eligible 
     entities so that such entities may provide training and 
     technical assistance and to disseminate information, in order 
     to enable such entities to address the unmet needs of 
     individuals with autism spectrum disorders and their 
     families.
       ``(2) Eligible entity.--To be eligible to receive 
     assistance under this section an entity shall--
       ``(A) be a public or private nonprofit entity, including 
     University Centers for Excellence in Developmental 
     Disabilities and other service, training, and academic 
     entities; and
       ``(B) submit an application as described in paragraph (3).
       ``(3) Requirements.--An eligible entity that desires to 
     receive a grant under this paragraph shall submit to the 
     Secretary an application containing such agreements and 
     information as the Secretary may require, including 
     agreements that the training program shall--
       ``(A) provide trainees with an appropriate balance of 
     interdisciplinary academic and community-based experiences;
       ``(B) have a demonstrated capacity to include individuals 
     with autism spectrum disorders, parents, and family members 
     as part of the training program to ensure that a person and 
     family-centered approach is used;
       ``(C) provide to the Secretary, in the manner prescribed by 
     the Secretary, data regarding the outcomes of the provision 
     of training and technical assistance;
       ``(D) demonstrate a capacity to share and disseminate 
     materials and practices that are developed and evaluated to 
     be effective in the provision of training and technical 
     assistance; and
       ``(E) provide assurances that training, technical 
     assistance, and information dissemination performed under 
     grants made pursuant to this paragraph shall be consistent 
     with the goals established under already existing disability 
     programs authorized under Federal law and conducted in 
     coordination with other relevant State agencies and service 
     providers.
       ``(4) Activities.--An entity that receives a grant under 
     this section shall expand and develop interdisciplinary 
     training and continuing education initiatives for health, 
     allied health, and educational professionals by engaging in 
     the following activities:
       ``(A) Promoting and engaging in training for health, allied 
     health, and educational professionals to identify, diagnose, 
     and develop interventions for individuals with, or at risk of 
     developing, autism spectrum disorders.
       ``(B) Working to expand the availability of training and 
     information regarding effective, lifelong interventions, 
     educational services, and community supports, including 
     specific training for criminal justice system, emergency 
     health care, legal, and other mainstream first responder 
     professionals, to identify characteristics of individuals 
     with autism spectrum disorders and to develop appropriate 
     responses and interventions.
       ``(C) Providing technical assistance in collaboration with 
     relevant State, regional, or national agencies, institutions 
     of higher education, advocacy groups for individuals with 
     autism spectrum disorders and their families, or community-
     based service providers.
       ``(D) Developing mechanisms to provide training and 
     technical assistance, including

[[Page S4384]]

     for-credit courses, intensive summer institutes, continuing 
     education programs, distance-based programs, and web-based 
     information dissemination strategies.
       ``(E) Collecting data on the outcomes of training and 
     technical assistance programs to meet statewide needs for the 
     expansion of services to children with autism spectrum 
     disorders and adults with autism spectrum disorders.
       ``(b) Technical Assistance.--The Secretary shall reserve 2 
     percent of the appropriated funds to make a grant to a 
     national organization with demonstrated capacity for 
     providing training and technical assistance to the entities 
     receiving grants under subsection (a) to enable such entities 
     to--
       ``(1) assist in national dissemination of specific 
     information, including evidence-based and promising best 
     practices, from interdisciplinary training programs, and when 
     appropriate, other entities whose findings would inform the 
     work performed by entities awarded grants;
       ``(2) compile and disseminate strategies and materials that 
     prove to be effective in the provision of training and 
     technical assistance so that the entire network can benefit 
     from the models, materials, and practices developed in 
     individual centers;
       ``(3) assist in the coordination of activities of grantees 
     under this section;
       ``(4) develop an Internet web portal that will provide 
     linkages to each of the individual training initiatives and 
     provide access to training modules, promising training, and 
     technical assistance practices and other materials developed 
     by grantees;
       ``(5) convene experts from multiple interdisciplinary 
     training programs and individuals with autism spectrum 
     disorders and their families to discuss and make 
     recommendations with regard to training issues related to the 
     assessment, diagnosis of, treatment, interventions and 
     services for, children with autism spectrum disorders and 
     adults with autism spectrum disorders; and
       ``(6) undertake any other functions that the Secretary 
     determines to be appropriate.
       ``(c) Supplement Not Supplant.--Amounts provided under this 
     section shall be used to supplement, not supplant, amounts 
     otherwise expended for existing network or organizational 
     structures.''.

     SEC. 12. AMENDMENTS RELATING TO HEALTH INSURANCE.

       (a) ERISA.--
       (1) In general.--Subpart B of part 7 of subtitle B of title 
     I of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1185 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 715. REQUIRED COVERAGE FOR AUTISM SPECTRUM DISORDERS.

       ``(a) In General.--A group health plan, and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan, shall provide coverage 
     for the diagnosis of autism spectrum disorders and the 
     treatment of autism spectrum disorders.
       ``(b) Rule of Construction.--Nothing in this section shall 
     be construed--
       ``(1) as preventing a group health plan or health insurance 
     issuer from imposing financial requirements or limits in 
     relation to benefits for the diagnosis and treatment of 
     autism spectrum disorders, except that such financial 
     requirements or limits for any such benefits may not be less 
     favorable to the individual than such financial requirements 
     or limits for substantially all other medical and surgical 
     benefits covered by the plan, and there shall be no separate 
     financial requirements or limits that are applicable only 
     with respect to benefits for the diagnosis or treatment of 
     autism spectrum disorders; and
       ``(2) to prevent a group health plan or a health insurance 
     issuer from negotiating the level and type of reimbursement 
     with a provider for care provided in accordance with this 
     section.
       ``(c) Notice Under Group Health Plan.--The imposition of 
     the requirements of this section shall be treated as a 
     material modification in the terms of the plan described in 
     section 102(a)(1), for purposes of assuring notice of such 
     requirements under the plan, except that the summary 
     description required to be provided under the last sentence 
     of section 104(b)(1) with respect to such modification shall 
     be provided not later than the earlier of--
       ``(1) 60 days after the first day of the first plan year in 
     which such requirements apply; or
       ``(2) in the first mailing after the date of enactment of 
     the Autism Treatment Acceleration Act of 2009 made by the 
     plan or issuer to the participant or beneficiary.
       ``(d) Prohibitions.--A group health plan, and a health 
     insurance issuer offering group health insurance coverage in 
     connection with a group health plan, shall not--
       ``(1) deny to an individual eligibility, or continued 
     eligibility, to enroll or to renew coverage under the terms 
     of the plan, solely for the purpose of avoiding the 
     requirements of this section; or
       ``(2) deny coverage otherwise available under this section 
     on the basis that such coverage will not--
       ``(A) develop skills or functioning;
       ``(B) maintain skills or functioning;
       ``(C) restore skills or functioning; or
       ``(D) prevent the loss of skills or functioning.
       ``(e) Preemption; Relation to State Law.--
       ``(1) In general.--Nothing in this section shall be 
     construed to preempt any State law (or cost sharing 
     requirements under State law) with respect to health 
     insurance coverage that requires coverage of at least the 
     coverage for autism spectrum disorders otherwise required 
     under this section.
       ``(2) Effect on other laws.--Nothing in this section shall 
     be construed to affect or modify the provisions of section 
     514 with respect to group health plans.
       ``(f) Definitions.--In this section:
       ``(1) Autism spectrum disorders.--The term `autism spectrum 
     disorders' means developmental disabilities that cause 
     substantial impairments in the areas of social interaction, 
     emotional regulation, communication, and the integration of 
     higher-order cognitive processes and which may be 
     characterized by the presence of unusual behaviors and 
     interests. Such term includes autistic disorder, pervasive 
     developmental disorder (not otherwise specified), Asperger 
     syndrome, Retts disorder, and childhood disintegrative 
     disorder.
       ``(2) Diagnosis of autism spectrum disorders.--The term 
     `diagnosis of autism spectrum disorders' means medically 
     necessary assessments, evaluations, or tests to diagnose 
     whether an individual has an autism spectrum disorder.
       ``(3) Treatment of autism spectrum disorders.--The term 
     `treatment of autism spectrum disorders' means the following 
     care prescribed, provided, or ordered for an individual 
     diagnosed with an autism spectrum disorder by a physician, 
     psychologist, or other qualified professional who determines 
     the care to be medically necessary:
       ``(A) Medications prescribed by a physician and any health-
     related services necessary to determine the need or 
     effectiveness of the medications.
       ``(B) Occupational therapy, physical therapy, and speech 
     therapy.
       ``(C) Direct or consultative services provided by a 
     psychiatrist or psychologist.
       ``(D) Professional, counseling, and guidance services and 
     treatment programs, including applied behavior analysis and 
     other structured behavioral programs. In this subparagraph, 
     the term `applied behavior analysis' means the design, 
     implementation and evaluation of environmental modifications, 
     using behavioral stimuli and consequences, to produce 
     socially significant improvement in human behavior, including 
     the use of direct observation, measurement, and functional 
     analysis of the relationship between environment and 
     behavior.
       ``(E) Augmentative communication devices and other 
     assistive technology devices.''.
       (2) Clerical amendment.--The table of contents in section 1 
     of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1001 note) is amended by inserting after the item 
     relating to section 714 the following:

``Sec. 715. Required coverage for autism spectrum disorders.''.
       (b) Public Health Service Act.--
       (1) Group market.--Subpart 2 of part A of title XXVII of 
     the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 2708. REQUIRED COVERAGE FOR AUTISM SPECTRUM DISORDERS.

       ``(a) In General.--A group health plan, and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan, shall provide coverage 
     for the diagnosis of autism spectrum disorders and the 
     treatment of autism spectrum disorders.
       ``(b) Rule of Construction.--Nothing in this section shall 
     be construed--
       ``(1) as preventing a group health plan or health insurance 
     issuer from imposing financial requirements or limits in 
     relation to benefits for the diagnosis and treatment of 
     autism spectrum disorders, except that such financial 
     requirements or limits for any such benefits may not be less 
     favorable to the individual than such financial requirements 
     or limits for substantially all other medical and surgical 
     benefits covered by the plan, and there shall be no separate 
     financial requirements or limits that are applicable only 
     with respect to benefits for the diagnosis or treatment of 
     autism spectrum disorders; or
       ``(2) to prevent a group health plan or a health insurance 
     issuer from negotiating the level and type of reimbursement 
     with a provider for care provided in accordance with this 
     section.
       ``(c) Notice Under Group Health Plan.--The imposition of 
     the requirements of this section shall be treated as a 
     material modification in the terms of the plan described in 
     section 102(a)(1), for purposes of assuring notice of such 
     requirements under the plan, except that the summary 
     description required to be provided under the last sentence 
     of section 104(b)(1) with respect to such modification shall 
     be provided not later than the earlier of--
       ``(1) 60 days after the first day of the first plan year in 
     which such requirements apply; or
       ``(2) in the first mailing after the date of enactment of 
     the Autism Treatment Acceleration Act of 2009 made by the 
     plan or issuer to the enrollee.
       ``(d) Prohibitions.--A group health plan, and a health 
     insurance issuer offering group health insurance coverage in 
     connection with a group health plan, shall not--
       ``(1) deny to an individual eligibility, or continued 
     eligibility, to enroll or to renew coverage under the terms 
     of the plan, solely for the purpose of avoiding the 
     requirements of this section; or

[[Page S4385]]

       ``(2) deny coverage otherwise available under this section 
     on the basis that such coverage will not--
       ``(A) develop skills or functioning;
       ``(B) maintain skills or functioning;
       ``(C) restore skills or functioning; or
       ``(D) prevent the loss of skills or functioning.
       ``(e) Preemption; Relation to State Law.--
       ``(1) In general.--Nothing in this section shall be 
     construed to preempt any State law (or cost sharing 
     requirements under State law) with respect to health 
     insurance coverage that requires coverage of at least the 
     coverage for autism spectrum disorders otherwise required 
     under this section.
       ``(2) ERISA.--Nothing in this section shall be construed to 
     affect or modify the provisions of section 514 of the 
     Employee Income Retirement Security Act of 1974 with respect 
     to group health plans.
       ``(f) Definitions.--In this section:
       ``(1) Autism spectrum disorders.--The term `autism spectrum 
     disorders' means developmental disabilities that cause 
     substantial impairments in the areas of social interaction, 
     emotional regulation, communication, and the integration of 
     higher-order cognitive processes and which may be 
     characterized by the presence of unusual behaviors and 
     interests. Such term includes autistic disorder, pervasive 
     developmental disorder (not otherwise specified), and 
     Asperger syndrome.
       ``(2) Diagnosis of autism spectrum disorders.--The term 
     `diagnosis of autism spectrum disorders' means medically 
     necessary assessments, evaluations, or tests to diagnose 
     whether an individual has an autism spectrum disorder.
       ``(3) Treatment of autism spectrum disorders.--The term 
     `treatment of autism spectrum disorders' means the following 
     care prescribed, provided, or ordered for an individual 
     diagnosed with an autism spectrum disorder by a physician, 
     psychologist, or other qualified professional who determines 
     the care to be medically necessary:
       ``(A) Medications prescribed by a physician and any health-
     related services necessary to determine the need or 
     effectiveness of the medications.
       ``(B) Occupational therapy, physical therapy, and speech 
     therapy.
       ``(C) Direct or consultative services provided by a 
     psychiatrist or psychologist.
       ``(D) Professional, counseling, and guidance services and 
     treatment programs, including applied behavior analysis and 
     other structured behavioral programs. In this subparagraph, 
     the term `applied behavior analysis' means the design, 
     implementation and evaluation of environmental modifications, 
     using behavioral stimuli and consequences, to produce 
     socially significant improvement in human behavior, including 
     the use of direct observation, measurement, and functional 
     analysis of the relationship between environment and 
     behavior.
       ``(E) Augmentative communication devices and other 
     assistive technology devices.''.
       (2) Individual market.--Subpart 3 of part B of title XXVII 
     of the Public Health Service Act (42 U.S.C. 300gg-51 et seq.) 
     is amended by adding at the end the following:

     ``SEC. 2754. REQUIRED COVERAGE FOR AUTISM SPECTRUM DISORDERS.

       ``The provisions of section 2708 shall apply to health 
     insurance coverage offered by a health insurance issuer in 
     the individual market in the same manner as they apply to 
     health insurance coverage offered by a health insurance 
     issuer in connection with a group health plan in the small or 
     large group market.''.
       (c) Effective Dates.--
       (1) Group health plans.--
       (A) In general.--The amendment made by subsection (a) shall 
     apply to group health plans for plan years beginning on or 
     after the date of enactment of this Act.
       (B) Special rule for collective bargaining agreements.--In 
     the case of a group health plan maintained pursuant to one or 
     more collective bargaining agreements between employee 
     representatives and one or more employers, any plan amendment 
     made pursuant to a collective bargaining agreement relating 
     to the plan which amends the plan solely to conform to any 
     requirement added by the amendment made by subsections (a) 
     and (b)(1) shall not be treated as a termination of such 
     collective bargaining agreement.
       (2) Individual plans.--The amendment made by subsection 
     (b)(2) shall apply with respect to health insurance coverage 
     offered, sold, issued, renewed, in effect, or operated in the 
     individual market on or after the date of enactment of this 
     Act.

     SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated for fiscal years 
     2010 through 2014 such sums as may be necessary to carry out 
     this Act.
                                 ______
                                 
      By Ms. SNOWE (for herself, Mr. Baucus, Mr. Hatch, Ms. Stabenow, 
        Mr. Ensign, Mrs. Lincoln, Ms. Cantwell, and Mr. Nelson of 
        Florida):
  S. 823. A bill to amend the Internal Revenue Code of 1986 to allow a 
5-year carryback of operating losses, and for other purposes; to the 
Committee on Finance.
  Ms. SNOWE. Mr. President, America's economy is continuing in 
recession. Companies that have been profitable for years are finding 
their balance sheets awash in red ink. The economic stimulus bill, the 
American Recover and Reinvestment Act or ``ARRA,'' helped some small 
companies with a provision that allows them to take losses from 2008 
and carry them back for up to five years rather than carry them forward 
for up to 20 or back only two. This net operating loss, NOL, carryback 
provision gives formerly profitable companies the ability to get a 
quick infusion of cash by recouping taxes paid when they were 
profitable in the recent past.
  The cash from a 5 year carryback of NOLs allows companies to keep 
employees on payroll, and stabilize operations during the most trying 
time businesses have faced in at least a generation. The House and 
Senate and the Obama Administration all acknowledged the importance of 
permitting NOL carrybacks during the debate on the economic stimulus 
with provisions that generally allowed any company to carryback losses 
incurred in 2008 and 2009. Unfortunately, the final agreement on that 
law did not contain the sweeping provision that is necessary to help as 
many companies as are in need of this tax relief.
  Companies are permitted to take these losses against future income, 
for up to 20 years from now. However, that carryforward of losses does 
nothing to help companies weather the current recession in fact some of 
these companies might never be able to take these losses because 
they'll go out of business as a result of this recession. Permitting 
carryback of losses will help to prevent employees from being laid off 
today as a result of the credit crunch that continues to exacerbate the 
downward spiral of our economy. We can help lessen the credit crunch 
and increase cash flow in companies by permitting companies to 
carryback losses for 5 years.
  Today I am honored to introduce the NOL Carryback Act with the 
chairman of the Senate Finance Committee, Chairman Max Baucus, and a 
distinguished group of colleagues from the Finance Committee. This bill 
mirrors the Senate-passed NOL carryback provision that was passed in 
ARRA. The Senate-passed bill allowed carrybacks for losses incurred in 
2008 and 2009, for any sized business, but it prevented companies that 
receive cash from the Troubled Asset Relief Program from also receiving 
this cash infusion.
                                 ______
                                 
      By Ms. SNOWE (for herself and Mr. Begich):
  S. 824. A bill to establish a Jobs Creation Coordinator in the 
Department of Commerce to ensure that agencies in the Department use 
resources in a manner that maximizes the maintenance and creation of 
jobs in the United States, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Ms. SNOWE. Mr. President, I rise today in response to the devastating 
job losses resulting from the current economic crisis. Figures released 
this week show that U.S. companies shed more than 740,000 jobs in 
March, a 5 percent increase over the 706,000 jobs lost in February. Our 
country has now lost nearly 4.5 million jobs since the onset of the 
recession--the most since 1945. Tomorrow's release of government-
compiled employment figures is certain to confirm the dismal state of 
the U.S. job market--a tragic reality that millions of hardworking 
Americans and the families they support know all too well.
  As a senior member of the Senate Committee on Commerce, Science and 
Transportation, I believe it is essential for the Department of 
Commerce to respond to this dire situation by focusing its efforts on 
expanding employment opportunities for Americans. With its statutory 
mission ``to foster, promote, and develop the foreign and domestic 
commerce,'' the Department of Commerce has a clear mandate to defend 
and grow the U.S. economy through job preservation and creation.
  Yet the disparate agencies that comprise the department have little 
or no occasion to coordinate their efforts toward maximizing its job 
maintaining and creating potential. While divisions such as the 
Economic Development Agency and the Minority Business Development 
Agency each have their own programs to increase employment in their 
respective target communities, there is the potential for even greater 
job creation through the coordination

[[Page S4386]]

of their efforts with the core functions of other department 
components, such as the export-promotion activities of the 
International Trade Administration, the economic analysis of the 
Economics and Statistics Administration, and the stewardship of 
technological innovation by the National Telecommunications & 
Information Administration.
  That is why I am today introducing bipartisan legislation with my 
Commerce Committee colleague Senator Begich to establish a Job Creation 
Coordinator at the department. Answering directly to the Secretary of 
Commerce, the Coordinator would not only ensure that each agency is 
carrying out its primary mission in a way that maximizes U.S. 
employment, but also would identify and implement opportunities to link 
separate programs being carried out by the agencies in a way that 
ensures that department resources are being spent in a manner which 
guarantees the utmost job creation per dollar appropriated.
  Specifically, the Jobs Coordinator would be responsible for making an 
initial assessment of the private sector jobs currently being 
maintained or created by Commerce Department programs; formulating an 
action plan for improving these figures under existing statutory 
authority; liaising with Congress about additional authority which 
would enhance the job maintaining and creating abilities of Commerce 
Department programs; and, overseeing the implementation of new 
department policies or statutory authorities intended to enhance the 
department's job maintenance and creation potential.
  The millions of Americans who have lost their livelihoods to the 
economic downturn, or whose jobs are at risk amidst the turmoil, 
deserve the utmost effort by their government to put an end to the lay-
offs and get people back to work. I urge my colleagues to join me in 
this vital effort by supporting this legislation.

                          ____________________